An Act To Achieve Compliance with the Interstate Lobster Fishery Management Plan
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Atlantic States Marine Fisheries Commission has voted to find Maine in noncompliance with the Interstate Lobster Fishery Management Plan if the State does not change its lobster laws by March 2005; and
Whereas, this legislation needs to be an emergency so that Maine can be in compliance before the March deadline; 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Sec. 1. 12 MRSA §6431, sub-§1, as repealed and replaced by PL 1991, c. 31, §1 and affected by §2, is amended to read:
1. Minimum and maximum length. A person may not buy, sell, give away, transport, ship or possess any lobster that is less than the minimum size established in this subsection or more than 5 inches in length, as determined by the state double gauge lobster measure. Except as provided in
thissubsection 1-A, the minimum lobster size is 3 8/32 inches.
A. Upon written certification by the Attorney General under paragraph B, the minimum lobster size increases as follows:
(1) On March 1st of the year after the year in which the Attorney General issues the certification, the minimum size is 3 9/32 inches; and
(2) On March 1st of the following year, the minimum size is 3 10/32 inches.
B. The Attorney General shall notify the Governor and the Legislature in writing immediately upon certifying that the following conditions have been met:
(1) The United States Secretary of Commerce has amended the Lobster Fisheries Management Measures, as set forth in 50 Code of Federal Regulations, Part 649, Subpart B, so that the minimum federal legal lobster size and schedule of increases in the federal minimum lobster size conform to those established in this subsection; and
(2) The minimum lobster size and schedule of increases in the minimum lobster size in Connecticut, Massachusetts, New Hampshire and Rhode Island conform to those established in this subsection.
A schedule of increases adopted by the Secretary of Commerce or a state conforms to this subsection if the increases are scheduled to occur within 90 days of the increases implemented under paragraph A.
After the Attorney General certifies that the conditions of this paragraph have been met, but prior to the effective date of any increase in the minimum size under this subsection, the Commissioner of Marine Resources shall report to the joint standing committee of the Legislature having jurisdiction over marine resource matters on the biological and economic effects of the scheduled increase in the minimum lobster size on the lobster fishery and the Maine lobster industry. The joint standing committee of the Legislature having jurisdiction over marine resource matters shall hold a public hearing on the commissioner's report during the legislative session and prior to the effective date of any increase in the minimum lobster size.
Sec. 2. 12 MRSA §6431, sub-§1-A is enacted to read:
1-A. Most restrictive minimum size. A person possessing a valid lobster and crab fishing license and who also owns or is incorporated or partnered in a vessel holding a federal limited access lobster permit must comply with the most restrictive minimum lobster size for all federal lobster management areas declared on the federal permit, as contained in the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for American Lobster, wherever the fishing activity occurs.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 18, 2005.
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