HP1176, LD 1604, item 1, An Act To Make Technical Changes to Marine Resources Laws

An Act To Make Technical Changes to Marine Resources Laws

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

Sec. 1. 12 MRSA §6174, sub-§3, as amended by PL 2003, c. 248, §3, is further amended to read:

3. Penalty. Whoever violates a rule commits a civil violation for which a fine of not less than $100 for each violation may be adjudged. Except as otherwise specifically provided by law, a violation under this subsection is a strict liability offense for which no proof of a culpable state of mind is required.

Sec. 2. 12 MRSA §6301, sub-§2, ¶U, as corrected by RR 2009, c. 2, §24, is amended to read:

U. A limited wholesale shellfish harvester's license issued under section 6851-A expires on March 31st of each year; and

Sec. 3. 12 MRSA §6301, sub-§2, ¶V, as reallocated by RR 2009, c. 2, §22, is amended to read:

V. A lobster processor license issued under section 6851-B expires on March 31st of each year . ; and

Sec. 4. 12 MRSA §6301, sub-§2, ¶W is enacted to read:

W. A commercial green crab only license issued under section 6808 expires on April 30th of each year.

Sec. 5. 12 MRSA §6407, as enacted by PL 1977, c. 661, §5, is amended to read:

§ 6407. Conviction or adjudication; juvenile offense; failure to appear

Under this chapter:

1. Conviction or adjudication. A judgment of guilt shall be is considered a conviction or adjudication during the pendency of appeal;

2. Juvenile offense. A conviction as of a juvenile offense shall be is considered a conviction; and

3. Failure to appear. Failure to appear in court when properly summoned shall be is considered a conviction.

Sec. 6. 12 MRSA §6808, sub-§6, as amended by PL 2009, c. 213, Pt. G, §33, is further amended to read:

6. Fees. The fee for a commercial green crab only license is $38 $10 for a resident license and $76 $20 for a nonresident license, which authorizes the license holder to engage in the licensed activities under subsection 2.

Sec. 7. 12 MRSA §6808, sub-§7, as amended by PL 2009, c. 213, Pt. G, §34, is further amended to read:

7. Disposition of fees. Fees for commercial green crab only licenses must be deposited in the Green Crab Management Fund established in section 6809 as follows:

A. Thirty-three Eight dollars for a resident commercial green crab only license; and

B. Sixty-six Sixteen dollars for a nonresident commercial green crab only license.

Sec. 8. 12 MRSA §6852, sub-§2-A, as enacted by PL 2011, c. 598, §44, is amended to read:

2-A. Enhanced retail certificate authorized. The holder of a retail seafood license may obtain an enhanced retail certificate from the department. The holder of an enhanced retail certificate may, in the retail trade within the state limits, buy, sell, transport, ship or serve:

A. Shellstock bought from a commercial shellfish license holder licensed under section 6601;

B. Shellstock bought from a surf clam boat license holder licensed under section 6602;

C. Shellstock bought from a mahogany quahog license holder licensed under section 6731; or

D. Shellstock bought from a hand-raking mussel license holder licensed under section 6745 or a mussel boat license holder licensed under section 6746.

For the purposes of inspection or collection of samples, the commissioner or the commissioner's agent may access an establishment or part thereof or vehicle in which activities authorized under this certificate are conducted by a person holding a retail seafood license. Denial of access is grounds for suspension or revocation of a retail seafood license under the provisions of section 6372. The holder of an enhanced retail certificate may not designate a vehicle as that person's establishment.

SUMMARY

This bill makes technical changes to Maine's marine resources laws. It clarifies that an individual with an enhanced retail certificate may not designate a vehicle as the individual's establishment. It clarifies that rule violations are strict liability offenses. It changes the licensing year of the commercial green crab only license and lowers the cost of the license. Finally, it clarifies that a judgment of guilt is considered a conviction or adjudication during the pendency of appeal.

HP1176 LD 1604	Session - 126th Maine Legislature		LR 2540 Item 1
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