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Spearfishing Regulations This area is for the topic of existing or proposed Spearfishing Regulations.

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Old 01-29-2012, 03:22 PM   #1
bell47
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Join Date: Dec 2005
Location: Maine, USA
Posts: 55
Federal waters off Maine

The regs in Maine (salt water)for recreational fishing don't even mention spearfishing. The commercial fishing regs say no spearfishing commercially, but that any fish harvested with anything other than hook and line are considered "commercial catch". BUT, It says in the recreational regs that any fish harvested for personal use with no intention of sale(which is what we want to do) is recreational catch. What gives? If you ask five different Marine patrol wardens you get five different answers from, "shoot anything you want except striped bass" to " you can't shoot anything with a speargun in Maine", to "you can only shoot flounder". So, would we just avoid any hassle by traveling out to federal waters? How do the regs work out there? Where can I find regs for spearfishing or rod and reel fishing federal waters in the Gulf of Maine? We want to target Cod, haddock, pollack, monkfish, flounder, ect.. Thanks guys.
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Old 01-29-2012, 07:00 PM   #2
njdiver
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Re: Federal waters off Maine

Check this out:

PUBLIC LAWS OF THE STATE OF MAINE RELATING TO MARINE RESOURCES

CHAPTER 621

FINFISH LICENSES

SUBCHAPTER 1 – LICENSES

(Snip)

§6501. Commercial fishing license

(Snip)

3. Exemptions. The licensing requirement under subsection 1 does not apply to activities described in this subsection.

A. A person may fish for, take, possess or transport any species of fish if they have been taken by speargun, harpoon, minnow trap, hand dip net or hook and line and are only for personal use.

(Snip)

§6502-A. Commercial pelagic and anadromous fishing license

(Snip)

4. Exemption. The licensing requirement under subsection 2 does not apply to a person who fishes for, takes, possesses or transports any pelagic or anadromous fish that have been taken by speargun, harpoon, minnow trap or hook and line and are only for personal use.

(Snip)

http://www.maine.gov/dmr/lawsandregs/lawbook9-28-11.pdf
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Last edited by njdiver; 01-29-2012 at 07:12 PM.
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Old 01-29-2012, 07:21 PM   #3
bell47
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Join Date: Dec 2005
Location: Maine, USA
Posts: 55
Re: Federal waters off Maine

I've never come across that! Looks like we are good to go in Maine. It's pretty funny the Marine patrol guys don't know this! It would be interesting to get a ticket, then show that to the judge.LOL. Thank you.

On the other hand, can we still go in Federal waters, I came across a good spot, and not sure how the fed.regs work.

Thanks again!
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Old 02-04-2012, 09:03 AM   #4
njdiver
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Re: Federal waters off Maine

Here is a start:

Spearfishing: Legal Definition Federal

Title 50: Wildlife and Fisheries

CHAPTER VI: FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

PART 600: MAGNUSON-STEVENS ACT PROVISIONS

Subpart A: General

600.10 - Definitions.
(Snip)
Unless defined otherwise in other parts of Chapter VI, the terms in this chapter have the following meanings:
(Snip)
Spear means a sharp, pointed, or barbed instrument on a shaft. Spears can be operated manually or shot from a gun or sling.
(Snip)
Powerhead means any device with an explosive charge, usually attached to a spear gun, spear, pole, or stick, that may or may not fire a projectile upon contact.
(Snip)

Subpart P: Marine Recreational Fisheries of the United States

600.1400 - Definitions.

In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and in § 600.10 of this title, the terms used in this subpart have the following meanings. For purposes of this subpart, if applicable, the terms used in this subpart supersede those used in § 600.10.
(Snip)
(h) Spearfishing means fishing for, attempting to fish for, catching or attempting to catch fish in tidal waters by any person with a spear or a powerhead (see 50 CFR 600.10).
(Snip)
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