Ch. 10: Clams and Quahogs

1. Quahog

Quahog means Mercenaria mercenaria, commonly referred to as hard shelled clams.

2. Hinge Width

Hinge width means the thickness of a quahog as measured between the convex apex of the right shell and the convex apex of the left shell.

B. Minimum Size

It shall be unlawful to take, possess, ship, transport, buy or sell quahogs that are less than one inch in thickness as measured across the hinge width.

1. Tolerance

Any person may possess quahogs that are less than one inch if they comprise less than 5% of any bulk pile. The tolerance is determined by numerical count of not less than one peck nor more than 4 pecks taken at random from various parts of the bulk pile or by a count of the entire pile if it contains less than one peck.

2. Exemption

Quahogs of smaller size may be taken or possessed by persons holding an aquaculture lease issued under 12 M.R.S.A. §6072, §6072-A or §6072-B, as provided in §6073-A, or by persons holding a limited-purpose aquaculture (LPA) license issued pursuant to 12 M.R.S.A. §6072-C, or under Municipal shellfish aquaculture permits issued under §6673. Transportation, buying, selling and sanitation must all be in compliance with Chapters 9 and 15-20 and 21-24. This exception shall only apply to quahogs cultivated in the leased or licensed areas.

Persons must comply with DMR regulations in Chapters 9 and 15 through 20 established in accordance with the National Shellfish Sanitation Program Model Ordinance (NSSP/MO) for the sanitary control of shellfish, which includes tagging requirements, and with DMR regulations in Chapters 21-24.

10.05 Taking of Quahogs in the Sub-tidal Waters of the New Meadows Lakes, Brunswick and West Bath

The following limitations apply to the subtidal area of the New Meadows Lakes north of Bath/State Rd. in Brunswick and West Bath.

A

lfish Sanitation Program Model Ordinance (NSSP/MO) for the sanitary control of shellfish, which includes tagging requirements, and with DMR regulations in Chapters 21-24.

10.05 Taking of Quahogs in the Sub-tidal Waters of the New Meadows Lakes, Brunswick and West Bath

The following limitations apply to the subtidal area of the New Meadows Lakes north of Bath/State Rd. in Brunswick and West Bath.

A. Methods of Harvest Prohibited

It shall be unlawful to fish for or take quahogs by towing any dredge, drag or other implement by watercraft; by diver/diving (SCUBA or snorkel*); or by pump, suction or any type of mechanical suction device. Hand digging with a so-called clam hoe or bull rake, hand-raking, hand tonging, or picking quahogs out of the mud by hand are allowed. Harvest by cutting through or breaking the ice is prohibited; harvest may take place only through open water.

*Any artificial breathing device that allows a person to breathe underwater.

This subsection does not apply to the holder of a lease issued under 12 M.R.S. §§ 6072, 6072-A or 6072-B when fishing for or taking quahogs cultivated on the leased area within the waters of the New Meadows Lakes, nor does it apply to the holder of a Municipal shellfish aquaculture permit issued under §6673.

B. Night Prohibition

It shall be unlawful to fish for or take quahogs during the period ½ hour after sunset, as defined in 12 M.R.S. §6001(46), until ½ hour before sunrise, as defined in 12 M.R.S. §6001(45).

C. Closed Periods

It is unlawful to fish for or take quahogs from the New Meadows Lakes:

Winter. During the period ½ hour after sunset, as defined in 12 M.R.S. §6001(46), on December 31st until ½ hour before sunrise, as defined in 12 M.R.S. §6001(45), on April 1st.

Sundays: During the period ½ hour after sunset, as defined in 12 M.R.S. §6001(46), on Saturday until ½ hour before sunrise, as defined in 12 M.R.S. §6001(45), on Monday.

10.06 Taking of Razor Clams

A. Definitions

Razor Clam means Ensis directus, commonly known as the Atlantic Jackknife.

B

§6001(46), on December 31st until ½ hour before sunrise, as defined in 12 M.R.S. §6001(45), on April 1st.

Sundays: During the period ½ hour after sunset, as defined in 12 M.R.S. §6001(46), on Saturday until ½ hour before sunrise, as defined in 12 M.R.S. §6001(45), on Monday.

10.06 Taking of Razor Clams

A. Definitions

Razor Clam means Ensis directus, commonly known as the Atlantic Jackknife.

B. Size Restrictions

It shall be unlawful to take, possess, ship, transport, buy or sell razor clams that are less than 4 inches.

C. Methods of Harvest Prohibited

It shall be unlawful to fish for or take razor clams by using electrical fields emitted by any kind of device including electrodes.

SEE Conservation Area Regulations, c. 90, infra.

SEE Polluted and Contaminated Areas, cs. 95, 96, infra.