HP1318
LD 1830
Session - 126th Maine Legislature
C "B", Filing Number H-808, Sponsored by
LR 2858
Item 3
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out the title and substituting the following:

‘An Act To Further the Implementation of the Rockweed Fishery Management Plan’

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 12 MRSA §6807,  as amended by PL 2013, c. 169, §1, is further amended to read:

§ 6807. Seaweed harvesting rules

The commissioner may adopt rules regulating the harvest of seaweed on a species-specific basis, including, but not limited to, the total number of licenses that may be issued, the designation of a harvesting season or seasons, the quantity of the resource that may be harvested in a season, areas that may be open or closed to harvest, the designation of sectors, limitations on harvest by sector, establishment of a process for allocation to sectors and gear and techniques that may be used in harvesting. Rules establishing areas closed to harvest or areas that may be seasonally closed to harvest and a process for the allocation to sectors under this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. All other rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. 2. Statewide management plan for rockweed; update on recommended actions. The Commissioner of Marine Resources, referred to in this section as "the commissioner," shall complete and present to the joint standing committee of the Legislature having jurisdiction over marine resources matters by January 31, 2015 an update on the implementation of the Rockweed Fishery Management Plan, referred to in this section as "the plan," dated January 2014, developed pursuant to Public Law 2013, chapter 169 and in accordance with the Maine Revised Statutes, Title 12, section 6171, subsection 2-A.

1. Working group convened. The commissioner shall create a working group whose purpose is to complete the work on developing criteria for areas closed to harvest or that are seasonally closed to harvest and identification of areas closed to harvest or that are seasonally closed to harvest as recommended by the plan, and recommend a process by which those designations will be maintained and adjusted as necessary. The working group must consist of scientists and other experts with areas of expertise relevant to the fishery and the considerations previously discussed by the plan's plan development team relevant to no-harvest determinations and staff as determined by the commissioner.

2. Working group membership; criteria; areas closed to harvest. The update must identify:

A. The membership of the working group convened pursuant to subsection 1;
B. The criteria recommended by the working group to be used to determine areas to be closed to harvest or areas that are seasonally closed to harvest, and the scientific or legal reasoning for each criterion;
C. Based upon the criteria in paragraph B, the recommended process for designating areas closed to harvest or areas that are seasonally closed to harvest, disseminating those designations and revising those designations; and
D. To the extent possible, the recommendations of the working group in identifying areas closed to harvest or areas that are seasonally closed to harvest.

3. Legislation. The joint standing committee of the Legislature having jurisdiction over marine resources matters is authorized to report out a bill to the First Regular Session of the 127th Legislature that is related to the implementation of the plan update submitted pursuant to this section.’

SUMMARY

This amendment, which is the minority report, replaces the bill and differs from the majority report in that it makes major substantive the rules establishing areas closed to harvesting rockweed or areas that are seasonally closed to harvesting rockweed.


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