LD 553
pg. 1
LD 553 Title Page An Act to Exempt Seaweed Harvesting from Certain Restrictions Page 2 of 2
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LR 1215
Item 1

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

 
Whereas, seaweed harvesting is a summer seasonal industry and,
in order to effectively improve the chances of harvesters for the
upcoming season, certain measures need to be immediately adopted;
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 §571, 2nd ¶, as enacted by PL 1985, c. 782, is
amended to read:

 
The Legislature further finds and declares that this public
trust is part of the common law of Maine and generally derived
from the practices, conditions and needs in Maine, from English
Common Law and from the Massachusetts Colonial Ordinance of 1641-
47. The public trust is an evolving doctrine reflective of the
customs, traditions, heritage and habits of the Maine people. In
Maine, the doctrine has diverged from the laws of England and
Massachusetts. The public trust encompasses those uses of
intertidal land essential to the health and welfare of the Maine
people, which uses include, but are not limited to, fishing,
fowling, seaweed harvesting, navigation, use as a footway between
points along the shore and use for recreational purposes. These
recreational uses are among the most important to the Maine
people today who use intertidal land for relaxation from the
pressures of modern society and for enjoyment of nature's beauty.

 
Sec. 2. 12 MRSA §573, sub-§1, ¶A, as enacted by PL 1985, c. 782, is
amended to read:

 
A. The right to use intertidal land for fishing, fowling,
seaweed harvesting and navigation;

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


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