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 that occurs on a boat, a dock, a pier, a wharf, a float, a site or land adjacent to the water owned by a licensed person who fishes commercially, seafood dealer or processor or at the water's edge and involves the catching, transporting, buying, selling or processing of seafood for commercial uses.

B.__"Commercial fishing operation" means a condition or activity that occurs in connection with the commercial harvesting, producing, 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.

C.__"Commissioner" means the Commissioner of Marine Resources.

2.__Appropriate environmental practices; change in land use.__ A person may not maintain a nuisance action against a commercial fishing activity or commercial fishing operation if the activity or operation:

A.__Conforms to existing law regarding storage, use, transfer and disposal of any substance and observes other appropriate environmental practices as determined by the commissioner in accordance with Title 5, chapter 375; or

B.__Existed before a change in the land use or occupancy of land within one mile of the activity or operation and, before the change in land use or occupancy of land, the activity or operation would not have been considered a nuisance.

3.__Violation of municipal ordinances.__A method of operation used in a commercial fishing activity or commercial fishing operation may not be considered a violation of a municipal ordinance if the activity conforms to environmental law and appropriate environmental practices as determined by the commissioner.