An Act To Require That Certain Changes in Conservation Law Not Be Made by Rule
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §10104, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
1. Rules. The commissioner may, with the advice and consent of the advisory council and in conformity with Title 5, Part 18, and except as otherwise provided, adopt, amend and repeal reasonable rules, including emergency rules, necessary for the proper administration, implementation, enforcement and interpretation of any provision of law that the commissioner is charged with the duty of administering , except that the commissioner may not adopt or amend a rule that affects or changes the public use of a fishery or body of water. These rules duly adopted have the full force and effect of law and are effective upon filing with the Secretary of State, unless a later date is required by statute or specified in the rule.
summary
This bill provides that the Commissioner of Inland and Fisheries and Wildlife may not adopt or amend a rule that affects or changes the public use of a fishery or body of water.