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First Regular Session of the 122nd

H.P. 319 - L.D. 434

An Act To Clarify Maine's Authority To Enforce Its Marine Resources Laws

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 12 MRSA §6001, sub-§13-I is enacted to read:

     13-I. Established base of operations. "Established base of operations" means the location where a vessel has its primary relationship. Among the factors identifying a primary relationship are the locations at which the vessel is primarily moored or docked, where it prepares for expeditions and hires a crew and to which it regularly returns for repairs, supplies and activities relating to its business or trade. The fact that a vessel carries on one or more of these activities at more than one location within this State or at a location or locations outside this State does not prevent the vessel from being considered to have an established base of operations within the State if a substantial portion of these activities are carried on at a location or locations within this State. For purposes of this subsection, "substantial portion" means a period exceeding 60 days in any calendar year.

     Sec. 2. 12 MRSA §6001, sub-§36, as enacted by PL 1977, c. 661, §5, is repealed and the following enacted in its place:

     36. Registered vessel. "Registered vessel" means:

     Sec. 3. 12 MRSA §6001, sub-§37-A, as enacted by PL 1979, c. 590, §1, is amended to read:

     37-A. Rigged. "Rigged" means to have on board the equipment necessary to undertake the activity. The commissioner shall determine by rulemaking what equipment is necessary to undertake the activity. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Effective June 29, 2005.

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