CHAPTER 112
H.P. 1726 - L.D. 2213
Resolve, Dealing With One-time License Transfers of Sea Urchin Dragging Licenses
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the 120th Legislature enacted Public Law 2001, chapter 327 to end the practice of sea urchin license leasing, which law also grandfathered persons who had been fishing on leased licenses, through a one-time license transfer program; and
Whereas, the one-time license transfer program was intended to stop future license leasing without adversely impacting those persons who had been fishing legally under the previously existing system; and
Whereas, certain individuals, however, who had been sea urchin fishing on leased licenses in the past were not able to qualify for licenses under the provisions of the one-time license transfer program; 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
Sec. 1. One-time issuance of new sea urchin licenses. Resolved: That a person who meets the requirements of one of the following subsections may apply to the Commissioner of Marine Resources for a sea urchin dragging license in 2002. The person must provide written documentation to the commissioner that the person meets the requirements. The commissioner shall issue a 2002 sea urchin dragging license to a person who demonstrates that:
1. The person was the owner of a vessel named on a sea urchin dragging license under the Maine Revised Statutes, Title 12, section 6748-A in 2001 but not the person named on that license. A person who meets the requirements of this subsection must provide written documentation to the Commissioner of Marine Resources within 60 days after the effective date of this subsection;
2. The person was the owner of a vessel named on a sea urchin dragging license under Title 12, section 6748-A in 2001 but not the person named on that license and the holder of that license did not authorize a transfer of the license pursuant to Title 12, section 6748-A, subsection 2-A;
3. The person was the owner of a vessel named on a sea urchin dragging license in 2000 but not the person named on that license and the license was a Passamaquoddy tribal license issued under Title 12, section 6302-A;
4. The person was the owner of a vessel named on a sea urchin dragging license under Title 12, section 6748-A in 2000 but not the person named on that license and the holder of that license died prior to December 1, 2001;
5. The person held or leased more than one sea urchin dragging license for 2000 and 2001, was the owner of the vessels named on those licenses during those same years and is currently the owner of the vessels named on those licenses; or
6. The person fished in 1997, 1998, 1999 and 2000 under a sea urchin dragging license issued under Title 12, section 6748-A to a parent who has a permanent medical disability and from a vessel owned by a parent who has a permanent medical disability. A person who meets the requirements of this subsection must provide written documentation to the Commissioner of Marine Resources within 10 days after the effective date of this subsection.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 9, 2002.
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