An Act Regarding Enforcement of Marine Resources Laws and Suspensions of Marine Resources Licenses

Sec. 1. 12 MRSA §6025-B  is enacted to read:

§ 6025-B.  Use of covert electronic surveillance

If the Chief of the Bureau of Marine Patrol delivers to the commissioner a written statement signed by the chief under oath that the chief has probable cause to suspect that a civil violation of any law or rule relating to the deployment or retrieval of lobster gear has been committed, the commissioner shall immediately examine the affidavit and determine if the use of covert electronic surveillance is warranted. If the commissioner determines the use of covert electronic surveillance is warranted, the commissioner may authorize the use of covert electronic surveillance.

Sec. 2. 12 MRSA §6306, sub-§1, ¶A,  as amended by PL 2009, c. 229, §14, is further amended to read:

Sec. 3. 12 MRSA §6351, sub-§1, ¶B-2  is enacted to read:

Sec. 4. 12 MRSA §6371, sub-§§4 to 7  are enacted to read:

Sec. 5. 12 MRSA §6374, first ¶,  as enacted by PL 2011, c. 311, §4, is amended to read:

Except as provided in section 6371, subsections 1 and 2, the procedure for suspending a license or certificate for a violation of marine resources law or a violation under section 6371, subsections 4 to 7 without a criminal conviction or civil adjudication is governed by this section.

summary

This bill amends the marine resources licensing consent to inspection provision to allow marine patrol to place covert electronic surveillance equipment on lobster vessels for the purpose of determining if a license holder is violating any laws or rules regarding the hauling of lobster gear. It also creates a process under which the covert electronic surveillance equipment may be used, including the requirement for probable cause. It expands the violations for which a marine resources license may be administratively suspended to include the Maine Revised Statutes, Title 17-A, chapter 15, theft, chapter 31, offenses against public administration, and criminal offense against a marine patrol officer. These are already included in the list of violations for which a license may be suspended following conviction. Violations of Title 17-A, chapter 33, arson and other property destruction, are added to both license suspension provisions, administrative suspension and following conviction.