SP0588, LD 1545, item 1, An Act To Make Technical Changes to Maine's Marine Resources Laws and Elver Enforcement Mechanisms

An Act To Make Technical Changes to Maine's Marine Resources Laws and Elver Enforcement Mechanisms

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

Sec. 1. 12 MRSA §6072, sub-§13, ¶G, as amended by PL 2003, c. 660, Pt. A, §12, is further amended to read:

G. For adding or deleting authorization for the holder of an aquaculture lease to grow specific species and use specific gear on the lease site . The commissioner may grant authorization for a species or gear amendment under this paragraph only upon a determination by the commissioner that the amendment is consistent with the findings made under subsection 7-A when the lease was approved; and

Sec. 2. 12 MRSA §6072-A, sub-§1, as amended by PL 2003, c. 247, §9, is further amended to read:

1. Authority. The commissioner may issue a limited-purpose lease for areas in, on and under the coastal waters, including the public lands beneath those waters and portions of the intertidal zone, for commercial aquaculture research and development or for scientific research. The commissioner or the deputy commissioner acting on the commissioner's behalf may authorize in writing qualified professional department staff to issue a final decision and sign a lease document on an application for a limited-purpose lease. A decision issued by department staff pursuant to this subsection is a final agency action with respect to that lease application. The commissioner may adopt regulations for adding or deleting authorization for the holder of an aquaculture lease to grow specific species and use specific gear on the lease site. The commissioner may grant authorization for species or gear amendments under this paragraph only upon a determination by the commissioner that the amendment is consistent with the findings made under subsection 13 when the lease was approved.

Sec. 3. 12 MRSA §6074, sub-§1, as amended by PL 1999, c. 156, §§2 and 3, is further amended to read:

1. Exception. A special license shall does not permit the holder to sell or, beyond the state limits, to ship or transport any marine organism that is less than the minimum size established by statute. This subsection shall does not apply to:

B. Any species grown in a hatchery for stock enhancement or resale for purposes of cultivation or stock enhancement . ; or

C. Scallop spat collected under the authority of a special license and sold for the purpose of placement on a lease site authorized pursuant to section 6072 or 6072-A or under the authority of a license issued pursuant to section 6072-C. For purposes of this paragraph, "scallop spat" means scallops less than 40 millimeters in the longest diameter.

Sec. 4. 12 MRSA §6074, sub-§8, ¶F, as enacted by PL 2003, c. 104, §2, is amended to read:

F. A teacher who is providing a primary or , secondary or postsecondary school program.

Sec. 5. 12 MRSA §6078-A, sub-§1, as amended by PL 2009, c. 240, §15, is further amended to read:

1. Fund established. The Aquaculture Monitoring, Research and Development Fund, referred to in this section as "the fund," is established. In addition to the fees derived pursuant to rules adopted under subsection 6, the commissioner may receive on behalf of the fund funds from any source. All income received by the commissioner under this section must be deposited with the Treasurer of State, tracked according to its source and credited to the fund. Any balance remaining in the fund at the end of a fiscal year does not lapse but must be carried forward to the next fiscal year. Any interest earned on assets of the fund is credited to the fund. All records related to harvests submitted by aquaculture lease holders are considered proprietary information for the purposes of section 6077, subsection 4.

Sec. 6. 12 MRSA §6140-B, sub-§4, ¶C, as enacted by PL 2007, c. 240, Pt. QQ, §9, is amended to read:

C. Atlantic salmon raised by means of aquaculture , except that Atlantic salmon raised in a hatchery for the purpose of restoration are not exempt.

Sec. 7. 12 MRSA §6431, sub-§6-B, as enacted by PL 2011, c. 247, §2, is amended to read:

6-B. Exception; lobster processing; rules. A person who holds both a wholesale seafood license with a lobster permit and a lobster processor license and who possesses lobster in accordance with subsection 6 may process those imported lobsters in accordance with rules adopted by the commissioner, as long as the following criteria are met:

A. The lobsters are not harvested or landed in this State;

B. The lobsters are legal in the waters from which they were harvested; and

C. The lobsters are not less than the minimum size established in this section.

Lobster tails processed under this subsection may not be offered for sale within this State in the wholesale or retail trade. Lobster meat processed from the claws and knuckles may be sold within this State in the wholesale or retail trade.

This subsection takes effect November 1, 2011 and is repealed 90 days after the adjournment of the First Regular Session of the 126th Legislature.

Sec. 8. 12 MRSA §6505-A, sub-§5-A is enacted to read:

5-A. Possession of elvers. The holder of an elver fishing license may possess elvers only during the open season established in section 6575 and for up to 6 hours beyond the end of the open season.

Sec. 9. 12 MRSA §6575-E, as amended by PL 2001, c. 272, §13, is further amended to read:

§ 6575-E. Method of eel fishing

Except as provided in section 6505-C, subsection 2, it is unlawful for a person licensed under section 6505-C to fish for or take eels by any method other than eel pot or hoop net.

Sec. 10. 12 MRSA §6575-H, as enacted by PL 2013, c. 49, §15, is repealed.

Sec. 11. 12 MRSA §§6575-I and 6575-J are enacted to read:

§ 6575-I. Assisting in illegal harvest of elvers

1. Prohibition. A person may not assist another person to harvest elvers in violation of any law or rule pertaining to elvers. For the purposes of this section, "assist" includes, but is not limited to, providing transportation or providing services as a lookout in order to avoid detection or to warn an elver harvester of impending law enforcement action.

2. Violation. A person who violates this section commits a civil violation for which a fine of $2,000 must be adjudged. A court may not suspend any portion of a fine imposed under this subsection.

§ 6575-J. Seizure of illegally harvested elvers

In addition to any other penalty imposed, elvers that are purchased or possessed that were taken in violation of any law or rule pertaining to elvers are subject to seizure by any officer authorized to enforce this Part. The entire bulk pile containing illegally harvested elvers may be seized.

Sec. 12. 12 MRSA §6671, sub-§8, ¶B, as amended by PL 2001, c. 188, §8, is further amended to read:

B. Any municipal shellfish conservation warden appointed by a municipality to enforce the provisions of this article must be certified by the commissioner within one year of the warden's appointment. The commissioner shall establish a program to provide shellfish conservation training in principles of shellfish conservation, management, enforcement and protection and shall establish standards for certification of municipal conservation wardens upon their satisfactory completion of the training program. The program must include training in sampling techniques for the detection of pollutants and contaminants in shellfish areas. The commissioner may establish by rule procedures for certification, recertification and revocation of certification. The commissioner may revoke a certificate for failure of the warden to comply with performance standards.

Sec. 13. 12 MRSA §6702, sub-§4, as amended by PL 2007, c. 607, Pt. A, §2, is further amended to read:

4. Personal use exception. In any one day, a person licensed pursuant to section 6703 may take or possess not more than one bushel of shell scallops or 2 quarts one gallon of shucked scallops for personal use without a scallop dragging license under this section.

Sec. 14. 12 MRSA §6703, sub-§3, as amended by PL 2007, c. 607, Pt. A, §3, is further amended to read:

3. License limitation; quantity. In any one day, the holder of a noncommercial scallop license may not take or possess more than one bushel of shell scallops or 2 quarts one gallon of shucked scallops.

Sec. 15. 12 MRSA §6749-N, sub-§1, as amended by PL 1995, c. 595, §2 and affected by §6, is further amended to read:

1. Zone 1. Zone 1, from May 1st to July 31st. For the purposes of this article, "Zone 1" means all coastal waters west of a line beginning at the easternmost point of Fort Point State Park on Cape Jellison then running southwesterly to channel marker #1 south of Sears Island, then running southwesterly to channel marker BW "11" RW "11" located between Marshall's Point and Bayside in the Town of Northport, then running southwesterly to channel marker #9 east of Great Spruce Head located in the Town of Northport, then running southerly to Graves channel marker northeast southeast of the Town of Camden, then running southeasterly to the Penobscot Bay Buoy "PB" east of Rockland harbor, then running southerly to the TB1 TBI whistle southwest of Junken Ledge, then running southeasterly to Red Nun #10 buoy at Foster Ledges, then running due south magnetic to the boundary of the State's coastal waters; and

Sec. 16. 12 MRSA §6752, as enacted by PL 1977, c. 661, §5, is amended to read:

§ 6752. Exception for personal use

Any person may take or possess not more than 125 50 marine worms in any one day for personal use without a marine worm digger's license or a marine worm dealer's license.

Sec. 17. 12 MRSA §6804, sub-§5, as amended by PL 2003, c. 248, §10, is further amended to read:

5. Exemption. Notwithstanding subsection 1, a license is not required to fish for, take, possess or transport up to one standard fish tote of northern shrimp only for personal use. This exemption does not apply to an individual whose ability to obtain a commercial northern shrimp license has been suspended by the commissioner.

Sec. 18. 12 MRSA §6864, sub-§1-A is enacted to read:

1-A. Limits on issuance. The department may not issue an elver dealer's license or a supplemental license for the following licensing year after February 1st of the current licensing year.

Sec. 19. 12 MRSA §6864, sub-§2, as amended by PL 2011, c. 549, §9, is further amended to read:

2. License limited. An elver dealer's license authorizes the licensed activities at only one permanent facility. For the purposes of this section, "permanent facility" means a permanent building that is owned or legally leased by the license holder and is not a dwelling.

Sec. 20. 12 MRSA §6864, sub-§10, as amended by PL 2013, c. 49, §17, is further amended to read:

10. Purchase of elvers. A person who holds an elver dealer's license, or the authorized representative of that person under subsection 9, may purchase elvers from licensed harvesters at locations other than the permanent facility identified on the license holder's license. The license holder or the license holder's authorized representative shall keep a record that identifies each harvester from which elvers were purchased and the amount of elvers purchased from each harvester. The license holder or the license holder's authorized representative shall make the record available for inspection by a marine patrol officer. The license holder or the license holder's authorized representative may not purchase elvers for cash or credit or provide to any person any goods, wares, merchandise or other articles or form of payment in exchange for elvers other than a check that identifies both the seller and the buyer, each of whom must be a person holding a license issued under this section, a person who, pursuant to subsection 9, is an authorized representative of a person holding a license issued under this section or a person holding a license issued under section 6505-A.

Sec. 21. 12 MRSA §6864, sub-§12, as enacted by PL 2013, c. 49, §18, is repealed.

12. Nonnegotiable checks. A licensed elver dealer or an authorized representative of a licensed elver dealer may not purchase or attempt to purchase elvers with a nonnegotiable check.

summary

This bill makes changes in the laws governing marine resources, including changes designed to improve enforcement mechanisms for the elver industry. This bill:

1. Specifically authorizes the Commissioner of Marine Resources to adopt or amend rules to add or delete authorization for the holders of aquaculture leases to use specific gear on the lease site and provides that the commissioner may grant authorization for a gear or species amendment only upon a determination that the change is consistent with the findings made by the commissioner when the lease was approved;

2. Specifies size limits on scallop spat collected under the authority of a special license and sold for placement on a lease site;

3. Provides that approval by the applicable advisory council is not required for a special license issued by the commissioner to a teacher who is providing a postsecondary school program;

4. Authorizes the commissioner to receive on behalf of the Aquaculture Monitoring, Research and Development Fund funds from any source;

5. Specifies that Atlantic salmon raised in a hatchery for purposes of restoration are not exempt from the possession prohibitions;

6. Eliminates language that would have repealed the exception allowing lobster processing by a person who holds both a wholesale seafood license with a lobster permit and a lobster processor license;

7. Specifies that the holder of an elver fishing license may possess elvers only during the open season and for up to 6 hours after the end of open season;

8. Eliminates language that allows the taking of eels by hoop net;

9. Repeals a provision that prohibits a person from selling elvers for any form of payment other than a check that identifies both the seller and the buyer;

10. Eliminates language that prohibits an elver license holder or authorized representative from purchasing elvers in any manner other than by a check that identifies both the seller and buyer;

11. Enacts a provision that prohibits a person from assisting another person to illegally harvest elvers;

12. Specifically provides that elvers that are purchased or possessed that were illegally taken are subject to seizure;

13. Removes language requiring that shellfish conservation training programs include training in sampling techniques for the detection of pollutants and contaminants in shellfish areas;

14. Increases from 2 quarts to one gallon the amount of shucked scallops a person may take for personal use in any one day without possessing a scallop dragging license;

15. Increases from 2 quarts to one gallon the amount of shucked scallops a holder of a noncommercial scallop license may take for personal use in any one day;

16. Amends the description of the zone that is closed to sea urchin fishing that is designated "Zone 1";

17. Decreases from 125 to 50 the number of marine worms a person may take for personal use in any one day without possessing a marine worm digger's license or a marine worm dealer's license;

18. Restricts the allowable landings of northern shrimp for personal use to one standard fish tote;

19. Prohibits the issuance of an elver dealer's license after February 1st for the following licensing year;

20. Clarifies that an elver dealer's license authorizes licensed activities at only one permanent facility, which cannot be a dwelling, that is owned or legally leased by the license holder; and

21. Removes language prohibiting a licensed elver dealer or dealer's representative from purchasing or attempting to purchase elvers with a nonnegotiable check.

SP0588 LD 1545	Session - 126th Maine Legislature		LR 2133 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