An Act To Limit the Size of Scallop Drags
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6727-A is enacted to read:
§ 6727-A. Drag width
1. Maximum drag width. Except as otherwise provided in this article, a person may not possess on any vessel fishing for scallops in the territorial waters, or use when fishing for or taking scallops in the territorial waters, a drag or any combination of drags that measures:
A. In excess of 5 1/2 feet across from one extreme outside edge of the mouth of the drag or combination of drags to the opposite extreme outside edge when used inside the island zone as defined by the department by rule; or
B. In excess of 10 feet across from one extreme outside edge of the mouth of the drag or combination of drags to the opposite extreme outside edge when used outside the island zone as defined by the department by rule.
The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
2. Violation. A person who violates this section commits a civil violation for which the following penalties apply:
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. The penalty imposed pursuant to this paragraph is in addition to the penalty imposed under section 6728-B.
summary
This bill limits the size of scallop drags allowed in the territorial waters of the State to a maximum measurement of 5 1/2 feet across when used within the island zone as defined by the Department of Marine Resources and 10 feet across when used outside the island zone. This bill also establishes penalties for exceeding the drag width limit.