An Act To Allow Municipalities To Petition the Department of Marine Resources To Establish Dive-only Areas for Scallops in Mooring Fields
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6728-C is enacted to read:
§ 6728-C. Dive-only areas
1. Dragging in dive-only areas prohibited. A person may not take scallops by dragging in a dive-only area, as established in subsection 2.
2. Dive-only areas established. At the written request of a municipality, the commissioner may establish in harbors where there are moorings within that municipality dive-only areas where a person may fish for or take scallops by hand.
3. Violation. A person who violates subsection 1 commits a civil violation for which the following penalties apply:
A. For a first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized;
B. For a 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and
C. For a 3rd or subsequent offense, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728-B.
4. Rules. The commissioner may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
summary
This bill gives the Commissioner of Marine Resources authority to establish by rule at the written request of a municipality dive-only areas in harbors where there are moorings within that municipality in which a person may not fish for or take scallops by any means other than by hand. This bill provides that dragging for scallops in a dive-only area is prohibited, and that a violation of this prohibition is a civil violation with mandatory fines.