LD 1207
PUBLIC Law, Chapter 146

on - Session - 128th Maine Legislature
Bill Tracking, Additional Documents Chamber Status

An Act To Make Technical Changes to Maine's Marine Resources Laws

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

Whereas,  under current law the allowable bait for fishing for lobsters is unclear, restrictions on holders of marine harvesting demonstration licenses are preventing activity during the busiest summer months and the State's ability to track sales of marine organisms is hindered; and

Whereas,  the State's marine industries provide significant economic benefit; and

Whereas,  providing clarity, expanding economic opportunities and allowing effective management of the State's marine industries are necessary before the summer season begins; 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 §6432-A, sub-§1,  as enacted by PL 2005, c. 203, §2 and affected by §3, is amended to read:

1. Offal prohibited.   A person may not use offal as bait to fish for or take lobster or crabs. A person may not sell offal for use as bait to fish for or take lobster or crabs. For the purposes of this section, "offal" means the carcass, waste parts, renderings or remains of a wild or domesticated animal that is not a marine organism , but . "Offal" does not include animal hide from which the hair has been removed or fat attached to an animal hide from which the hair has been removed as long as the total thickness of fat and animal hide does not exceed 1 1/4 inches.

Sec. 2. 12 MRSA §6810-A, sub-§1-A  is enacted to read:

1-A Eligibility.   A marine harvesting demonstration license may be issued only to an individual, except that a person who holds a Class I, Class II or Class III lobster and crab fishing license or a noncommercial lobster and crab fishing license may not be issued a marine harvesting demonstration license.

Sec. 3. 12 MRSA §6810-A, sub-§7-A  is enacted to read:

7-A Closed period exemption.   The holder of a marine harvesting demonstration license is exempt from the prohibition on raising or hauling any lobster trap pursuant to section 6440, subsection 2 when raising or hauling lobster traps from the vessel identified on the marine harvesting demonstration license.

Sec. 4. 12 MRSA §6810-A, sub-§11,  as enacted by PL 2003, c. 169, §1 and affected by §3, is amended to read:

11. Penalties.   A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $1,000 may be adjudged. Notwithstanding section 6401, subsection 2, the commissioner may permanently revoke the marine harvesting demonstration license of a person who sells, retains, ships or transports any portion of the catch or does not release all organisms alive into the area from which the organisms were harvested pursuant to subsection 3.

Sec. 5. 12 MRSA §6852, sub-§2,  as amended by PL 2013, c. 468, §34 and affected by §46, is further amended to read:

2. License activity.   The Except as provided in subsection 2-B, the holder of a retail seafood license may, in the retail trade, buy, sell, transport, ship or serve:
A. Shellstock, which must be purchased from a wholesale seafood license holder certified under section 6856;
D. Crayfish;
F. Lobsters; and
G. Any marine organism that is purchased directly from a harvester licensed under this Part.

A holder of a retail seafood license when buying directly from a harvester may buy only from a harvester who possesses the license or permit for that species as required under this Part. The harvester shall make the applicable marine resources license or permit available for inspection upon the retail seafood license holder’s request.

Sec. 6. 12 MRSA §6852, sub-§2-B  is enacted to read:

2-B Endorsements.   The holder of a retail seafood license buying directly from a harvester must obtain an endorsement from the department for the species being bought if the license to harvest that species requires the harvester to comply with an electronic reporting requirement. The department shall provide endorsements to license holders at no cost in accordance with rules adopted under subsection 6.

Sec. 7. 12 MRSA §6852, sub-§6, ¶¶E and F,  as enacted by PL 2005, c. 434, §12, are amended to read:

E. The labeling or marking of shipments of shellfish and wholesale scallops; and
F. The protection of public health . ; and

Sec. 8. 12 MRSA §6852, sub-§6, ¶G  is enacted to read:

G Endorsements under subsection 2-B.

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

Effective 90 days following adjournment of the 128th Legislature, First Regular Session, unless otherwise indicated.

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