S.P. 158 - L.D. 502
An Act to Limit Nuisance Claims Against Commercial Fishing Operations and Activities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17 MRSA §2807 is enacted to read:
§2807. Commercial fishing activities and commercial fishing operations
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Commercial fishing activity" means an activity directly related to commercial fishing or a commercial activity commonly associated with or supportive of commercial fishing, such as the manufacture or sale of ice, bait, traps or nets or the manufacture, installation or repair of boats, engines or other equipment commonly used on boats or in facilities that involve the catching, transporting, buying, selling or processing of seafood for commercial purposes.
B. "Commercial fishing operation" means a condition or activity that occurs in connection with the commercial harvesting, purchasing, selling or processing of seafood and includes noise, odors, operation of a vessel, operation of harvesting or processing equipment and transfer or storage of bait.
2. Private nuisance actions limited. A private nuisance action may not be maintained against a person engaged in a commercial fishing activity or commercial fishing operation so long as the activity or operation is undertaken in compliance with applicable licensing and permitting requirements and other applicable statutes, rules and ordinances.
3. Finfish aquaculture exemption. For purposes of this section, activities and conditions associated with licensed finfish aquaculture are not commercial fishing activities or commercial fishing operations.
Effective September 21, 2001, unless otherwise indicated.
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