HP0332, LD 482, item 1, An Act To Improve the Quality of the Data Used in the Management of Maine's Fisheries

An Act To Improve the Quality of the Data Used in the Management of Maine's Fisheries

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §6173, sub-§1, as enacted by PL 2003, c. 170, §1, is amended to read:

1. Collection and reporting of statistics. The commissioner may, with the advice and consent of the advisory council, adopt rules to collect pertinent data with respect to the fisheries, including, but not limited to, information regarding the type and quantity of fishing gear used, catch by species in numbers of fish or weight, areas in which fishing was conducted, time of fishing, number of hauls and the estimated processing capacity of , and the actual processing capacity utilized by United States fish processors. The commissioner may collect statistics from any source and may require reporting of these statistics. The information collected by or reported to the commissioner is confidential and may not be disclosed in a manner or form that permits identification of any person or vessel, except when required by court order or when specifically permitted under this section. The commissioner may share data collected under this section with the National Marine Fisheries Service or successor organization for research or fisheries management purposes , provided that as long as federal laws and regulations protect the confidentiality of the shared data. The commissioner may share data collected under this section with the Bureau of Marine Patrol when necessary for the enforcement of reporting requirements under this section. The commissioner shall adopt rules to carry out the purposes of this section. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. 2. 12 MRSA §6301, sub-§6 is enacted to read:

6. Ownership identified. If a license issued under chapter 625 is issued to a firm, corporation or partnership, the individual who owns the highest percentage of that firm, corporation or partnership must be identified on the license application. When 2 or more individuals own in equal proportion the highest percentages of a firm, corporation or partnership, each of those owners must be identified.

Sec. 3. 12 MRSA §6412 is enacted to read:

§ 6412. Suspension of license or certificate for failure to comply with reporting requirements

1. Authority to suspend. The commissioner may suspend a license or certificate issued under this Part if the license holder fails to comply with reporting requirements authorized pursuant to section 6173. If a license is suspended, the suspension remains in effect until the person is in compliance with reporting requirements, receives notice from the department stating that the person is in compliance with the reporting requirements and pays a $25 administrative fee to the department; the suspension is then rescinded, and the person's eligibility to obtain or hold a license is reinstated.

2. Process for suspension for failing to comply with weekly reporting. If the commissioner determines that a person who holds a license or certificate under this Part has failed to submit reports in accordance with the time frame established in rules adopted pursuant to section 6173, the commissioner shall notify the person at the phone number provided in the license application and by e-mail if an address is provided. If the license holder has not resolved all reporting deficiencies within the 2 days following the reporting deadline established in rule, the commissioner shall notify the person at the phone number provided in the license application, and by e-mail if an address is provided, that if the person has not complied within an additional 2 days, that person's license is suspended. If the person has not complied within the additional 2 days, the commissioner shall mail notice of the suspension by first-class mail. The notice of the suspension is deemed received and the suspension in effect 3 days after it has been sent.

3. Process for suspension for failing to comply with monthly reporting. If the commissioner determines that a person who holds a license or certificate under this Part has failed to submit reports in accordance with the time frame established in rules adopted pursuant to section 6173, the commissioner shall notify the person at the phone number provided in the license application, and by e-mail if an address is provided, and by first-class mail. If the license holder has not resolved all reporting deficiencies within the 30 days following the deadline established in rule, the commissioner shall notify the person at the phone number provided in the license application, and by e-mail if an address is provided, and by first-class mail that if the person has not complied within an additional 15 days, that person's license is suspended. If the person has not complied within the additional 15 days, the commissioner shall mail notice of the suspension by first-class mail. The notice of the suspension is deemed received and the suspension in effect 3 days after it has been sent.

Sec. 4. 12 MRSA §6421, sub-§3-A, ¶¶B and C, as amended by PL 1995, c. 568, §1, are further amended to read:

B. A Class II license authorizes the license holder to engage in the licensed activities under subsection 2. A Class II license holder may engage one unlicensed crew member to assist in the licensed activities under the direct supervision of the Class II license holder , except that an unlicensed crew member may not sell lobsters or crabs.

C. A Class III license authorizes the license holder to engage in the licensed activities under subsection 2. A Class III license holder may engage 2 unlicensed crew members to assist in the licensed activities under the direct supervision of the Class III license holder , except that an unlicensed crew member may not sell lobsters or crabs.

Sec. 5. 12 MRSA §6535, sub-§2, as repealed and replaced by PL 2009, c. 561, §21, is amended to read:

2. Licensed activity. A person licensed under this section may tend divers who harvest sea urchins and scallops by hand and operate a boat as a platform for the harvesting of sea urchins and scallops by hand and may possess, ship , and transport and sell sea urchins and scallops harvested by licensed harvesters the tender has tended. A sea urchin and scallop diving tender license does not authorize the holder to harvest sea urchins and scallops or to sell the harvested product. As used in this subsection, "tend" means to assist the diver in any way, to operate a boat as a platform for harvesting or to cull or otherwise handle the harvested product.

As long as one person present on a boat engaged as a platform for the harvesting of sea urchins and scallops by hand has met the tender safety requirements adopted by rule pursuant to section 6533, all other persons present on the boat may operate the boat or engage in culling activities or otherwise handle the harvested product. An individual who engages in harvesting activities in accordance with a license issued under section 6701 or 6748 may not be considered as the person who has met the tender safety requirements adopted by rule pursuant to section 6533.

Sec. 6. 12 MRSA §6748, sub-§2, as repealed and replaced by PL 2009, c. 561, §28, is amended to read:

2. Licensed activity. The holder of a handfishing sea urchin license may take sea urchins by hand or possess, ship , or transport or sell sea urchins taken by that licensee. An unlicensed person acting as a tender for an individual licensed under subsection 4, paragraph B, in accordance with subsection 1-A, may possess, ship , and transport and sell sea urchins the handfishing sea urchin license holder has taken. A person may not act as a tender under subsection 4, paragraph B unless that person has met the tender safety requirements adopted by rule pursuant to section 6533.

Sec. 7. 12 MRSA §6803, sub-§1, as amended by PL 2003, c. 452, Pt. F, §23 and affected by Pt. X, §2, is further amended to read:

1. Permit required. Except as provided in subsections 1-A and 2, a person an individual may not harvest, possess, ship, transport or sell seaweed without a current:

A. Resident seaweed permit; or

B. Nonresident seaweed permit.

Sec. 8. 12 MRSA §6803, sub-§2, ¶¶A and B, as enacted by PL 1989, c. 523, §2, are repealed.

Sec. 9. 12 MRSA §6803, sub-§2, ¶C, as amended by PL 2001, c. 421, Pt. B, §50 and affected by Pt. C, §1, is further amended to read:

C. A person An individual who harvests, possesses, ships or transports no more than 50 pounds of seaweed a day for noncommercial purposes;

Sec. 10. 12 MRSA §6803, sub-§5, as enacted by PL 2001, c. 421, Pt. B, §50 and affected by Pt. C, §1, is amended to read:

5. Violation. A person An individual who violates this section commits a civil violation for which a forfeiture fine of not less than $100 nor more than $500 may be adjudged.

Sec. 11. 12 MRSA §6803-A, sub-§1, as amended by PL 2009, c. 561, §30, is further amended to read:

1. License required. A seaweed buyer's license is required for a person who purchases more than 10 wet tons or an equivalent number of dry tons annually seaweed for resale directly from seaweed harvesters holding a permit under section 6803. A person may not engage in the activities authorized under this section without a current seaweed buyer's license.

Sec. 12. 12 MRSA §6852, sub-§§1, 2 and 4, as amended by PL 2011, c. 598, §44, are further amended to read:

1. License required. A person may not engage in the activities authorized under this section buy, sell, transport, ship or serve a marine organism in the retail trade without a retail seafood license issued under this Part authorizing the activities.

2. License activity. The holder of a retail seafood license may, in the retail trade, buy, sell, transport, ship or serve:

A. Shellstock if Any marine organism, except that any shellstock must be bought from a wholesale seafood license holder certified under section 6856; and

D. Crayfish ; or .

E. Lobsters.

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.

4. Fee. The fee for a retail seafood license under subsection 1 is $122 $100. The fee for an enhanced retail certificate under subsection 2-A is $28 and must be deposited in the Shellfish Fund under section 6651.

summary

This bill makes a number of changes to various aspects of the Department of Marine Resources landings program with regard to reporting requirements. It allows the Commissioner of Marine Resources to share confidential landings data with the Department of Marine Resources, Bureau of Marine Patrol when necessary for reporting enforcement purposes. It requires majority shareholders in corporate entities to identify themselves so that noncompliant wholesale and retail license holders would not be able to incorporate under a new business name and continue operating without remedying their noncompliance. It authorizes the commissioner to suspend licenses for noncompliance with reporting requirements in order to ensure effective catch monitoring and assess an administrative fee if licenses are suspended. It prevents unlicensed crew members on lobster or crab fishing boats and scallop and sea urchin diving tenders from selling any catch and limits selling to certain licensed harvesters. It expands the seaweed buyer's license to include anyone buying seaweed for resale and removes the ability of marine worm and wholesale seafood dealers to harvest seaweed without a license. Finally, it expands the requirement to hold a retail license for the sale of all marine organisms instead of just lobster, crayfish and shellstock.

HP0332 LD 482	Session - 126th Maine Legislature		LR 471 Item 1
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Session Information		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer