Heavy Hooksetter

whole dead shark on the beach

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4 mins ago, Roccus7 said:

Here's the Maine DMR Salt Water Fishing Regulations page I quoted...


B. Porbeagle shark
(1) The commercial harvest of porbeagle sharks is prohibited in Maine’s territorial waters.
(2) When the quota for porbeagle shark is reached in federal waters it shall be unlawful to fish for, take, have in possession or land porbeagle shark in Maine. Persons shall be informed by public notice in a newspaper with statewide circulation when the annual quota for porbeagle shark taken from federal waters has been reached. This is in accordance with the Interstate Fisheries Management Plan for Atlantic Coastal Sharks established by the Atlantic States Marine Fisheries Commission.
C. Coastal Sharks
The take of Coastal Sharks, as defined in Chapter 50.01(1), is prohibited in Maine’s territorial waters.
DEPARTMENT OF MARINE RESOURCES Chapter 50 page 3
 

Those are the only relevant portions, and they appear to only apply to commercial fishing. It would appear from that that it is perfectly legal to recreationally fish for sharks in ME state waters without a federal HMS permit.

Edited by MakoMike

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4 mins ago, MakoMike said:

Those are the only relevant portions, and they appear to only apply to commercial fishing. It would appear from that that it is perfectly legal to recreationally fish for sharks in ME state waters without a federal HMS permit.

By virtue of silence on tuna, does that mean I could catch and retain tuna within territorial waters too?  Would I have to follow the Federal Regulations or is it the Wild West??

 

Don't know why I care, considering only 2 chances of ever getting checked, slim and none, and the NMFS permit is no terribly expensive...

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6 mins ago, Roccus7 said:

By virtue of silence on tuna, does that mean I could catch and retain tuna within territorial waters too?  Would I have to follow the Federal Regulations or is it the Wild West??

 

Don't know why I care, considering only 2 chances of ever getting checked, slim and none, and the NMFS permit is no terribly expensive...

Try it, go catch a tuna and call me, then I'll call the clam cops and we'll see what happens! :)

 

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15 hours ago, Roccus7 said:

Here's the Maine DMR Salt Water Fishing Regulations page I quoted...

 

Maine Salt Water Recreational Fishing Regs

 

Interesting when I check the statutes.  There is NO mention of tunas, but here's the shark section.  Basically Fed Regs with further restrictions.

 

PARTMENT OF MARINE RESOURCES
Chapter 50 Spiny Dogfish and Coastal Sharks
50.01 Definitions
1. “Coastal Sharks” means for the purpose of these regulations any the following species of shark caught in Maine’s territorial waters: sand tiger, bigeye, whale, basking, white, dusky, bignose, Galapagos, night, reef, narrowtooth, Caribbean sharpnose, smalltail, silky, Atlantic angel, longfin mako, bigeye thresher, sharpnose sevengill, bluntnose sixgill, sandbar and bigeye sixgill sharks.
2. “Finning” means the act of taking a spiny dogfish, porbeagle or other coastal shark, removing the fins, and returning the remainder of the spiny dogfish, porbeagle or other coastal shark to the sea.
3. “Spiny dogfish” means the genus and species Squalus acanthias.
4. “Porbeagle shark” means the genus and species Lamna nasus,
50.02 Harvest, Possession and Landing Restrictions
A. Spiny Dogfish
When the annual Atlantic States Marine Fisheries Commission quota for spiny dogfish is reached it shall be unlawful to fish for, take, have in possession or land spiny dogfish taken from Maine territorial waters. Persons shall be informed by public notice in a newspaper with statewide circulation when the annual quota for spiny dogfish taken from Maine territorial waters has been reached. This is in accordance with the annual quota established by the Atlantic States Marine Fisheries Commission.
(1) Exception
(a) This rule shall not apply to vessels or individuals who harvest or possess dogfish for research or biomedical use, provided such vessels or individuals have a permit from the Commissioner of Marine Resources.
(b) Any person may fish for, take, possess, or transport one dogfish per day provided that the dogfish is for personal use only.
(2) Spiny Dogfish Trip Limit
Effective September 8, 2014, it is unlawful to harvest, land or possess more than 5,000 pounds of spiny dogfish per calendar day or 24-hour period when Maine territorial waters are not closed to the taking of dogfish in accordance with Chapter 50.02(A).
B. Porbeagle shark
(1) The commercial harvest of porbeagle sharks is prohibited in Maine’s territorial waters.
(2) When the quota for porbeagle shark is reached in federal waters it shall be unlawful to fish for, take, have in possession or land porbeagle shark in Maine. Persons shall be informed by public notice in a newspaper with statewide circulation when the annual quota for porbeagle shark taken from federal waters has been reached. This is in accordance with the Interstate Fisheries Management Plan for Atlantic Coastal Sharks established by the Atlantic States Marine Fisheries Commission.
C. Coastal Sharks
The take of Coastal Sharks, as defined in Chapter 50.01(1), is prohibited in Maine’s territorial waters.
DEPARTMENT OF MARINE RESOURCES Chapter 50 page 3
50.03 Spiny Dogfish Endorsement for Dealers, License for Harvesters, Reporting Requirements and Quota
A. Harvester License and Dealer Endorsement
(1) Commercial harvesters must obtain a Commercial Pelagic and Anadromous Fishing License in order to participate in this fishery.
(2) Wholesale license-holders must obtain a dogfish buying endorsement before April 15th in order to participate in this fishery.
B. Reporting: See Chapter 8. Future license or endorsements will be dependent upon reporting compliance.
C. Quota: Fishing for spiny dogfish is subject to the annual quota specified by the ASMFC and NMFS Spiny Dogfish specifications. The annual quota is established annually by May 1st for the fishing year.
50.04 Shark, Dealers
A. Dealer permit requirement
Maine Wholesale license-holders who purchase Coastal sharks or porbeagle shark must obtain a federal dealer permit.
50.10 Finning Prohibited
Finning is prohibited in Maine territorial waters. Vessels that land spiny dogfish, porbeagle or coastal sharks must have the head, fins and tails attached naturally to the carcass through landing. The porbeagle, coastal shark or dogfish may be bled.

That makes sense.  New York--and most states--have something similar, although the details will differ.

 

Maine defined "Coastal Sharks" as the NMFS prohibited species (the ASMFC's definition of "Coastal Sharks" is much broader), and outlawed taking them in state waters, and places no restrictions on catching blue sharks, threshers, etc. in state waters, and seeks to protect porbeagles--although after this October's ASMFC meeting, they should be adopting a minimum size for shortfin makos.

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15 hours ago, Roccus7 said:

By virtue of silence on tuna, does that mean I could catch and retain tuna within territorial waters too?  Would I have to follow the Federal Regulations or is it the Wild West??

 

Don't know why I care, considering only 2 chances of ever getting checked, slim and none, and the NMFS permit is no terribly expensive...

I believe that's correct, and I don't believe that federal regulations would apply, for as I mentioned earlier, Magnuson-Stevens severely restricts NMFS ability to regulate state waters fishing.  The only two exceptions I can think of are 1) a federal permit holder, who must adhere to federal regulations (often expressed as "the more restrictive regulations" in case the state closes a fishery when the fed fishery remains open, or fed limits are more liberal than state limits) even when fishing in state waters, and the very unusual situation where a fishery primarily exists in federal waters, but a state's actions is impairing the effectiveness of the federal fishery management plan (even then, state regulations apply unless NMFS explicitly preempts the state rules; if you look at the Gulf of Mexico red snapper fishery, the state rules caused real problems up until last season, but the feds never asserted their jurisdiction over the state fisheries).

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1 hour ago, CWitek said:

I believe that's correct, and I don't believe that federal regulations would apply, for as I mentioned earlier, Magnuson-Stevens severely restricts NMFS ability to regulate state waters fishing.  The only two exceptions I can think of are 1) a federal permit holder, who must adhere to federal regulations (often expressed as "the more restrictive regulations" in case the state closes a fishery when the fed fishery remains open, or fed limits are more liberal than state limits) even when fishing in state waters, and the very unusual situation where a fishery primarily exists in federal waters, but a state's actions is impairing the effectiveness of the federal fishery management plan (even then, state regulations apply unless NMFS explicitly preempts the state rules; if you look at the Gulf of Mexico red snapper fishery, the state rules caused real problems up until last season, but the feds never asserted their jurisdiction over the state fisheries).

One final "grey area" question then, although I'm sure it will remain firmly planted in the "grey".  An old local loves to catch Porbeagle Pups, < 3 ft FL, put them on a spit and roast them.  He's fishing well-within State Waters and swears what he's doing is OK. I didn't think so until now is it legit?

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6 mins ago, Roccus7 said:

One final "grey area" question then, although I'm sure it will remain firmly planted in the "grey".  An old local loves to catch Porbeagle Pups, < 3 ft FL, put them on a spit and roast them.  He's fishing well-within State Waters and swears what he's doing is OK. I didn't think so until now is it legit?

Unless Maine has a size limit--and from what you've published, it doesn't seem to--they guy is probably OK, so long as he doesn't hold an HMS permit.  There have been similar issues in other states.  Sandbar (brown) sharks are a prohibited species federally, but some states allowed their harvest until recently.  Here in New York, we had problems with anglers who caught small (sub-71 inch) makos, but claimed that they were fishing under a bunker school in state waters when they caught the fish, and so were OK (they lacked HMS permits, so if their story wasn't true, they had two strikes against them).  

 

The states are slowly catching up with this sort of thing, but a lot of holes remain in the regulatory scheme.  In the case you mention, I don't believe that the ASMFC has any porbeagle regulations; if that's correct, than Maine isn't obligated to adopt rules of its own.  

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