2013 Maine Revised Statutes
TITLE 12: CONSERVATION
Chapter 621: FINFISH LICENSES
12 §6535. Sea urchin and scallop diving tender license

Part 9: MARINE RESOURCES
Subpart 2: LICENSING
Subchapter 2: LIMITS ON FISHING AND PROHIBITED ACTS

6535. Sea urchin and scallop diving tender license

1. License required. A person may not act as a diving tender on a boat engaged as a platform for the harvesting of sea urchins and scallops by hand unless that person is licensed under this section.

[ 2009, c. 561, 21 (RPR) .]

2. Licensed activity. A person licensed under this section may tend divers who harvest sea urchins and scallops by hand and operate a boat as a platform for the harvesting of sea urchins and scallops by hand and may possess, ship, transport and sell sea urchins and scallops harvested by licensed harvesters subject to the requirements of paragraph A. A sea urchin and scallop diving tender license does not authorize the holder to harvest sea urchins and scallops. As used in this subsection, "tend" means to assist the diver in any way, to operate a boat as a platform for harvesting or to cull or otherwise handle the harvested product.

A. A diving tender licensed under this section may not sell sea urchins or scallops unless the person:

(1) Sells sea urchins or scallops to a purchaser who holds a valid wholesale seafood license with a sea urchin buyer's permit or a valid wholesale seafood license with a sea urchin processor's permit or a valid retail seafood license; and

(2) Provides to the purchaser the name and license number of the license holder with whom the person was engaged when the sea urchins or scallops were harvested. [2013, c. 282, 5 (NEW).]

B. A holder of a wholesale seafood license with a sea urchin buyer's permit or a wholesale seafood license with a sea urchin processor's permit or a retail seafood license who purchases scallops or sea urchins from a diving tender licensed under this section may not purchase the sea urchins or scallops except by check or cashier's check unless there is a written receipt associated with the transaction, and the holder of a wholesale seafood license with a sea urchin buyer's permit or a wholesale seafood license with a sea urchin processor's permit or a retail seafood license who purchases scallops or sea urchins from a licensed diving tender shall report the information provided by the person under paragraph A, subparagraph (2) in accordance with section 6173. [2013, c. 282, 5 (NEW).]

As long as one person present on a boat engaged as a platform for the harvesting of sea urchins and scallops by hand has met the tender safety requirements adopted by rule pursuant to section 6533, all other persons present on the boat may operate the boat or engage in culling activities or otherwise handle the harvested product. An individual who engages in harvesting activities in accordance with a license issued under section 6701 or 6748 may not be considered as the person who has met the tender safety requirements adopted by rule pursuant to section 6533.

[ 2013, c. 282, 5 (AMD) .]

3. Eligibility. A sea urchin and scallop diving tender license may be issued only to an individual who is a resident.

[ 2009, c. 561, 21 (RPR) .]

4. Fees. The fee for a license issued under this section is $133.

B. [2009, c. 561, 21 (RP).]

[ 2009, c. 561, 21 (RPR) .]

4-A. Exception. A person acting as a tender under section 6701, subsection 5, paragraph B or section 6748, subsection 4, paragraph B does not need to possess a license issued under this Part.

[ 2009, c. 561, 21 (NEW) .]

5. Prima facie evidence.

[ 2009, c. 396, 3 (RP) .]

6. Violation. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

[ 2009, c. 561, 21 (RPR) .]

SECTION HISTORY

1995, c. 392, 2 (NEW). 1995, c. 530, 1 (AMD). 1997, c. 19, 6 (AMD). 1997, c. 158, 3-5 (AMD). 2001, c. 421, B32 (AMD). 2001, c. 421, C1 (AFF). 2003, c. 20, WW9 (AMD). 2009, c. 213, Pt. G, 11 (AMD). 2009, c. 396, 3 (AMD). 2009, c. 561, 21 (RPR). 2013, c. 282, 5 (AMD).