S.P. 452 - L.D. 1327
An Act to Strengthen Enforcement of Lobster Trap Limits
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is imperative that this Act take effect as soon as possible so that lobster trap limits may be enforced; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6431-A, as amended by PL 1997, c. 19, §1, is repealed and the following enacted in its place:
§6431-A. Trap limit
1. Limit. Before March 1, 2000, the holder of a Class I, Class II or Class III license issued under section 6421 may not submerge more than 1,000 traps. After February 29, 2000, the holder of a Class I, Class II or Class III license issued under section 6421 may not submerge more than 800 traps. If a lower trap limit is adopted by rule for a zone pursuant to section 6446, a license holder who fishes in that zone may not submerge a number of traps that exceeds the lower limit.
The number of traps fished from a vessel may not exceed the applicable trap limit established in this subsection, regardless of the number of license holders fishing from that vessel.
Sec. 2. 12 MRSA §6431-D, as amended by PL 1997, c. 19, §3, is repealed.
Sec. 3. 12 MRSA §6447, sub-§5, as amended by PL 1995, c. 568, §7, is further amended to read:
5. Council authority. Upon approval in a referendum under subsection 6, a lobster management policy council may propose to the commissioner rules for a zone to place the following limitations on lobster and crab fishing license holders that fish in that zone, provided the proposed limitations are equal to or stricter than the limitations under section 6431-A,
6431-D, 6439, 6439-A or 6440:
A. The number of lobster traps fished and the time periods allowed for complying with that number;
B. The number of lobster traps allowed on a trawl; and
C. The time of day when lobster fishing may occur.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 17, 1999.
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