| | | The commissioner may adopt rules under chapter 607, subchapter | | 1 to promote the conservation and propagation of sea cucumbers.__ | | Those rules may include, but are not limited to, the | | establishment of management areas in which the harvest of sea | | cucumbers will be permitted, limits on the number of licenses | | associated with those management areas and annual limits on total | | harvest from each of those management areas.__Rules adopted | | pursuant to this section are routine technical rules as defined | | in Title 5, chapter 375, subchapter 2-A. |
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| | | Sec. 4. 12 MRSA c. 623, sub-c. 4, art. 3 is enacted to read: |
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| | | LIMITATIONS ON SEA CUCUMBER DRAG LICENSES |
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| | | 1.__License eligibility.__The commissioner may not issue a sea | | cucumber drag license under section 6801-A to any person unless | | that person possessed that license in the previous calendar year | | or becomes eligible to obtain that license pursuant to a limited | | entry system under subsection 2. |
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| | | 2.__Sea cucumber drag license limited entry system.__The | | commissioner may establish by rule a limited entry system under | | which a person who did not hold a sea cucumber drag license under | | section 6801-A in the previous calendar year may become eligible | | to obtain that license.__The rules for a limited entry system | | must include provisions for the method and administration of the | | system.__Rules adopted pursuant to this subsection are major | | substantive rules as defined in Title 5, chapter 375, subchapter | | 2-A. |
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| | | 3.__Exceptions.__Notwithstanding subsection 1, the following | | persons may be issued a sea cucumber drag license for license | | year 2006: |
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| | | A.__A person who was certified as eligible for and obtained | | a sea cucumber endorsement in 2000; and |
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| | | B.__A person who reported landings of at least 100,000 | | pounds of sea cucumbers during license year 2002, 2003 or | | 2004. |
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| | | 4.__Protection from depletion.__The commissioner may adopt | | rules for the sea cucumber drag license limited entry system to | | prohibit new entry in a year when it is necessary to protect or | | conserve the sea cucumber resource from imminent depletion. |
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