CHAPTER 593
H.P. 1271 - L.D. 1749
An Act To Provide for the Assessment of the Mahogany Quahog Resource
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the mahogany quahog fishery industry provides an important source of income to Maine fishermen; and
Whereas, the mahogany quahog quota for Maine is determined at the federal level and is not based on current scientific information; and
Whereas, a source of funding is needed to accurately assess Maine's mahogany quahog resource and ensure the sustainability of the Maine fishery; 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 §6731-A, sub-§5, as enacted by PL 1991, c. 561, §1, is amended to read:
5. Mahogany Quahog Monitoring Fund. The Toxin Mahogany Quahog Monitoring Fund is established within the department. The commissioner shall use any money credited to the Toxin Mahogany Quahog Monitoring Fund exclusively for the collection of samples required under this section to monitor the level of paralytic shellfish toxin in mahogany quahogs and to conduct stock assessments of the mahogany quahog resource. All money in the Toxin Mahogany Quahog Monitoring Fund is subject to allocation by the Legislature. The Toxin Mahogany Quahog Monitoring Fund may not lapse but must carry forward to be used for the same purpose. Nothing in this subsection prohibits the commissioner from using other funds budgeted by the department to carry out the purposes of this section.
Sec. 2. 12 MRSA §6731-A, sub-§6 is enacted to read:
6. Stock assessment and report. The department shall conduct stock assessments of the mahogany quahog resource beginning no later than January 1, 2005. The department shall report biennially to the joint standing committee of the Legislature having jurisdiction over marine resources matters on the progress of the stock assessment and the status of the Mahogany Quahog Monitoring Fund starting on January 1, 2006.
Sec. 3. 36 MRSA §4718, as amended by PL 2003, c. 20, Pt. WW, §28, is further amended to read:
§4718. Contributions; Mahogany Quahog Monitoring Fund
The State Tax Assessor shall determine annually the total amount of tax revenue collected under this chapter. The Until June 30, 2004, the State Tax Assessor shall deduct the cost of administering the mahogany quahog tax from those revenues and report the remainder to the Treasurer of State, who shall credit that amount to the Toxin Mahogany Quahog Monitoring Fund established in Title 12, section 6731-A, subsection 5, except that not more than $56,000 may be credited to the fund in any year. Revenues Until June 30, 2004, revenues collected that are in excess of $56,000 must be credited to the General Fund.
Beginning July 1, 2004, the State Tax Assessor shall deduct the cost of administering the mahogany quahog tax from those revenues and report the remainder to the Treasurer of State, who shall credit 58% of that amount or $56,000, whichever is greater, to the Mahogany Quahog Monitoring Fund established in Title 12, section 6731-A, subsection 5 and 42% or the remainder, as applicable, to the General Fund.
Sec. 4. Transfers from existing accounts. The Department of Marine Resources shall transfer the existing balance and encumbrances from the Toxin Monitoring Fund at any time to the Mahogany Quahog Monitoring Fund in order to fund any of the activities outlined in the Maine Revised Statutes, Title 12, section 6731-A, subsection 5.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 6, 2004.
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