Chapter 240
H.P. 383 - L.D. 499
PART QQ
Sec. QQ-1. 5 MRSA §12004-G, sub-§20-A, as amended by PL 1999, c. 401, Pt. BB, §1, is further amended to read:
20-A.
| Inland Fisheries and Wildlife Department of Marine Resources |
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Atlantic Salmon Board Commission |
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$25/Day Plus Expenses |
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12 MRSA
§9902-A §6138 |
Sec. QQ-2. 12 MRSA §6024, sub-§1-A, as amended by PL 1999, c. 85, §2, is further amended to read:
1-A. Appointment; composition; term; compensation.
The Marine Resources Advisory Council, established by Title 5, section 12004-G, subsection 27, consists of 15 16 members. The Chair chair of the Lobster Advisory Council and the chair of the Marine Recreational Fishing Advisory Council and the chair of the Sea Run Fisheries and Habitat Advisory Council are ex officio members of the council. Each other member is appointed by the Governor and is subject to review by the joint standing committee of the Legislature having jurisdiction over marine resources and to confirmation by the Legislature. Seven members must be persons who are licensed under this Part to engage in commercial harvesting activities. Those 7 members are selected by the Governor from names recommended to the Governor by groups representing commercial harvesting interests. Each member must represent a different commercial harvesting activity, except that none of those 7 members may represent lobster harvesters. The remaining 6 members must include one public member, 4 persons who hold a nonharvesting-related license under this Part and one person representing the aquaculture industry. The Governor shall select the person to represent the aquaculture industry from among the names recommended by the aquaculture industry. The composition of the council must reflect a geographical distribution along the coast. All appointed members are appointed for a term of 3 years, except a vacancy must be filled in the same manner as an original member for the unexpired portion of the term. An appointed member may not serve for more than 2 consecutive terms. Appointed members serve until their successors are appointed. The Chair chair of the Lobster Advisory Council and , the chair of the Marine Recreational Fishing Advisory Council and the chair of the Sea Run Fisheries and Habitat Advisory Council shall serve until a new Chair chair of the Lobster Advisory Council or , a new chair of the Marine Recreational Fishing Advisory Council or a new chair of the Sea Run Fisheries and Habitat Advisory Council, respectively, is chosen. Members are compensated as provided in Title 5, chapter 379.
Sec. QQ-3. 12 MRSA §6071, sub-§4, as amended by PL 1995, c. 406, §5, is further amended to read:
4. Salmon imports prohibited.
Except as provided in this subsection and section 9906, it is unlawful to import for introduction into any waters of the State any Atlantic salmon, live or as eggs, that originate in any Icelandic or European territorial waters or any other species of salmon, exclusive of rainbow trout, originating west of the North America continental divide. The commissioner may grant an exemption from the provisions of this subsection for a term not to exceed 2 years, renewable upon application, for legitimate aquacultural projects.
Sec. QQ-4. 12 MRSA §6137 is enacted to read:
1. Commission established; purposes.
The Atlantic Salmon Commission, referred to in this subchapter as "the commission," is established to provide policy direction for Atlantic salmon programs within the department. The purposes of the commission are to protect, preserve, enhance, restore and manage the Atlantic salmon and its habitat; to secure a sustainable recreational fishery in the State; and to conduct and coordinate all projects involving research, planning, management, restoration or propagation of the Atlantic salmon. In fulfillment of its purposes, the commission may conduct research, publish and disseminate information and plan, report and implement programs necessary for the purposes of managing Atlantic salmon and its habitat.
2. Commission powers and responsibilities.
The commission has the responsibility of working with other agencies in the executive branch of State Government and with the Legislature, federal and international agencies and the private sector in carrying out the purposes under subsection 1. The commission has the sole authority to introduce Atlantic salmon into the inland waters, other than in commercial aquaculture facilities. The commission has the sole authority to limit or prohibit the taking of Atlantic salmon, and may adopt rules establishing the time, place and manner of Atlantic salmon fishing in all waters of the State.
3. Rules.
The commission may adopt rules necessary to manage the Atlantic salmon fishery and to promote the conservation and propagation of the Atlantic salmon. Rules adopted by the commission must be enforced by the department, the Department of Inland Fisheries and Wildlife and other public officials authorized by law to enforce marine resource laws or inland fisheries and wildlife laws. The department and the Department of Inland Fisheries and Wildlife retain exclusive jurisdiction over rules pertaining to species other than Atlantic salmon that are designed to promote the conservation and propagation of Atlantic salmon. The departments shall consult with the commission and the Sea Run Fisheries and Habitat Advisory Council, established in section 6139, in adopting such rules.
4. Staff.
The department shall provide staff to carry out the purposes of the commission.
Notwithstanding this section, the department has the sole responsibility to regulate Atlantic salmon that are raised by means of aquaculture.
Sec. QQ-5. 12 MRSA §6138 is enacted to read:
The commission consists of 3 members: the commissioner, the Commissioner of Inland Fisheries and Wildlife and an at-large public member who must be well informed on the subject of Atlantic salmon and its conservation. The Governor shall appoint the at-large public member, subject to review by the joint standing committee of the Legislature having jurisdiction over marine resources matters and to confirmation by the Senate. The public member is appointed for a 3-year term and is entitled to compensation as provided in Title 5, chapter 379. An appointed member may not serve for more than 2 consecutive 3-year terms. The appointed member serves until a successor is appointed. A vacancy must be filled in the same manner as for an original member for the unexpired portion of the term. The commission shall select one member as chair. The chair or a majority of the commission may call meetings. A majority of the commission constitutes a quorum to transact business. The commission shall meet at least quarterly to receive reports from staff, to consider and act upon recommendations from the staff and to conduct other business.
Sec. QQ-6. 12 MRSA §6139 is enacted to read:
1. Appointment; composition; term; compensation.
The Sea Run Fisheries and Habitat Advisory Council, referred to in this section as "the council," is established and consists of 7 members appointed by the commissioner. All council members must have a demonstrated interest in the restoration and recovery of diadromous species. A majority of the council members must have interest and experience in the management of Atlantic salmon. One member of the council must represent interests in the southern coastal area, one member must represent interests in the midcoast area, one member must represent interests in the Downeast area, one member must represent interests in the northern part of the State, one member must represent interests from the Penobscot watershed and one member must represent interests in the Kennebec watershed. In addition the council must have one member who represents tribal interests. Members must be appointed to 3-year terms and may serve 2 consecutive terms. Members are compensated as provided in Title 5, chapter 379.
2. Powers and duties; meetings; officers.
The council shall give the commissioner information and advice concerning the development of plans and programs for the protection, preservation, enhancement, restoration and management of all diadromous species in each of the river basin complexes that represent the historic range of diadromous fish in the State. The council shall give the commission information and advice concerning the development of plans and programs for the protection, preservation, enhancement, restoration and management of Atlantic salmon. The council shall hold meetings with the commissioner, or the commissioner's designee. The council shall elect one of its members as chair, one as vice-chair and one as secretary, all for a term of one year, at the first regular meeting in each year. The officers have the following duties. A. The chair shall call and preside at all meetings of the council.
B. The vice-chair shall call and preside at all meetings of the council in the chair's absence.
C. The secretary shall cause records to be taken and preserved of all meetings of the council.
3. Quorum.
A quorum is a majority of the current members of the council.
4. Council actions.
An affirmative vote of a majority of the members present at a meeting or polled is required for any action. An action may not be considered unless a quorum is present or, if there is no meeting, a quorum responds to a written poll.
Sec. QQ-7. 12 MRSA §6140 is enacted to read:
1. License required.
Except as otherwise provided in this section, a person may not fish for Atlantic salmon from any state waters without a current Atlantic salmon license.
2. Licensed activity.
The holder of an Atlantic salmon license may fish for Atlantic salmon in inland and coastal waters of the State.
3. License fees.
The following provisions govern license fees. A. The fee for an Atlantic salmon license is $15 for a resident.
B.
The fee for an Atlantic salmon license for any nonresident is as follows:
(1) For a season license for a nonresident 16 years of age or older, $30;
(2) For a 3-day license for a nonresident 16 years of age or older, $15. This license may not be exchanged for a season license; and
(3) For a license for a nonresident under 16 years of age, $5.
C. Members of Indian tribes in this State and residents of this State under 16 years of age are exempt from any fee.
4. Atlantic salmon; possession, buying or selling.
A person may not possess, buy or sell Atlantic salmon unless each fish is clearly identified by one of the following methods: A. Tagged with a New Brunswick, Quebec, Nova Scotia, Prince Edward Island or Newfoundland-Labrador Atlantic salmon tag if imported from those Canadian provinces;
B. Identified by a sales receipt less than 24 hours old; or
C. For wholesale and retail seafood dealers, identified by a bill of sale indicating numbers of fish purchased, dates of purchase and point of origin of all fish purchased.
5. Exceptions.
This section does not apply to a person holding a lease that allows that person to engage in the aquaculture of Atlantic salmon in this State while conducting authorized activities on that person's lease site.
6. Agent's fee.
Any clerk or agent appointed by the department to issue an Atlantic salmon license shall retain $2 for each license issued.
7. Use of license fees.
All license fees must be used by the commissioner for purposes of conservation and management of the Atlantic salmon in this State.
8. Duplicates.
The department or its agents shall issue a duplicate license to any person whose license was accidentally lost or destroyed. The fee for a replacement license is $1.
9. Fishing in inland waters.
When fishing in inland waters, the holder of a license authorized under this section is subject to all the provisions of Part 13.
Sec. QQ-8. 12 MRSA §6140-A is enacted to read:
Unless more restrictive rules are adopted by the commission, the following restrictions apply to methods of fishing and the season for Atlantic salmon.
1. Catch and release only.
All fishing for Atlantic salmon is catch and release, except for Atlantic salmon lawfully raised by means of aquaculture.
2. Method of fishing.
A person may not fish for Atlantic salmon in waters of the State by any means other than hook and line with an unweighted artificial fly.
3. Closed season.
A person may not fish for Atlantic salmon from waters of the State by any means from October 16th to April 30th.
4. Open season.
The commission, after consultation with and advice from the Sea Run Fisheries and Habitat Advisory Council, may establish by rule an open season during which a person may fish for Atlantic salmon. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. QQ-9. 12 MRSA §6140-B is enacted to read:
1. Prohibition.
A person may not fish for Atlantic salmon in violation of the provisions of this Part.
2. Possession of parts prohibited.
A person may not possess any part of an Atlantic salmon taken from the inland or coastal waters of this State.
3. Sale of Atlantic salmon prohibited.
A person may not sell or offer for sale any Atlantic salmon taken from waters of the State, except Atlantic salmon lawfully raised by means of aquaculture.
4. Exemptions.
The following are exempt from the possession prohibitions of this section: A. Atlantic salmon imported from outside the State;
B. Atlantic salmon imported by taxidermists solely for taxidermy purposes; and
C. Atlantic salmon raised by means of aquaculture.
5. Incidental catch.
An individual engaged in recreational or commercial fishing for species other than Atlantic salmon does not commit a violation of this section as long as any incidental catch of an Atlantic salmon results in an immediate liberation alive into the adjacent waters of the State.
6. Penalty.
A person who violates this section commits a Class E crime, and the court shall impose an additional fine of $500, none of which may be suspended, for each Atlantic salmon unlawfully possessed.
Sec. QQ-10. 12 MRSA Pt. 12, as amended, is repealed.
Sec. QQ-11. 12 MRSA §10001, sub-§5, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by PL 2003, c. 614, §9, is amended to read:
5. Atlantic salmon.
"Atlantic salmon" means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. This definition also applies to chapter 811.