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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 56
H.P. 428 - L.D. 595

An Act To Allow the Department of Marine Resources To Preserve and Protect Burnt Island and Burnt Island Living Lighthouse and To Regulate Their Use

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, Burnt Island is open to the public 7 days a week from April to October; and

     Whereas, the Department of Marine Resources needs the authority to regulate the use of Burnt Island, to protect the island's ecosystems and to conserve this fragile resource; and

     Whereas, immediate enactment of this law is necessary to ensure that regulations are in place for the opening of Burnt Island and the Burnt Island Living Lighthouse in April 2005; 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 §6030-A is enacted to read:

§6030-A.      Burnt Island; Burnt Island Living Lighthouse; rules

     The commissioner may adopt such rules as are necessary to protect and preserve Burnt Island and the Burnt Island Living Lighthouse. In addition, the commissioner may adopt such rules as are necessary to provide for the successful implementation of the department-authorized educational and recreational programs that are conducted on the island. The rules may include restrictions on public access to Burnt Island and the Burnt Island Living Lighthouse as determined reasonably necessary for these purposes.

     Rules adopted pursuant to the section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective April 21, 2005.

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