Maine LD 730: An Act To Make Technical Changes to Maine’s Marine Resources Laws

LD 730 (subjects: MARINE RESOURCES DEPT , ADMINISTRATION )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=730&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Sen. Linda Baker of Sagadahoc: (R – District 23) — e-mail | Twitter | Facebook

7 Cosponsors:

Actions

Chamber

Action
3/5/2015 Senate Committee on MARINE RESOURCES
suggested and ordered printed
On motion by Senator Baker of Sagadahoc REFERRED to the Committee on MARINE RESOURCES
Ordered sent down forthwith for concurrence.
3/10/2015 House Bill REFERRED to the Committee on MARINE RESOURCES.
In concurrence. ORDERED SENT FORTHWITH.
4/16/2015 Senate Report READ and ACCEPTED.

READ ONCE.

Committee Amendment “A” (S-41) READ and ADOPTED.
Assigned for Second Reading next Legislative Day
4/21/2015 Senate COMMITTEE ON BILLS IN THE SECOND READING REPORTS NO FURTHER VERBAL AMENDMENTS NECESSARY, Senator Saviello, Senate Chair. REPORT ACCEPTED.
READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (S-41).
Ordered sent down forthwith for concurrence.
4/23/2015 House CONSENT CALENDAR – FIRST DAY
4/28/2015 House Committee on Bills in the Second Reading Reports no further verbal amendments necessary Representative McLEAN of Gorham, Chair, House of Representatives Report Accepted.
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (S-41).
In concurrence. ORDERED SENT FORTHWITH.
4/30/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
5/5/2015 Senate PASSED TO BE ENACTED, in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 730 as originally introduced. L.D. 730 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (S-41) .

An Act To Make Technical Changes to Maine’s Marine Resources Laws

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

Sec. 1. 12 MRSA 6072, sub- 10, A, as repealed and replaced by PL 2003, c. 247, 6, is repealed.

Sec. 2. 12 MRSA 6301, sub- 2, U, as amended by PL 2013, c. 492, 1, is repealed.

Sec. 3. 12 MRSA 6421, sub- 3-A, E, as repealed and replaced by PL 2003, c. 468, 1, is amended to read:

E. A student license authorizes the license holder to engage in the licensed activities under subsection 2. A student license may be issued only to a person who, at the time of application, is 8 years of age or older and under 23 years of age. A person issued a student license may not submerge more than:

(1) Ten lobster traps in the coastal waters of the State if the person is 8 years of age or older and under 11 years of age;

(2) Fifty lobster traps in the coastal waters of the State if the person is 11 years of age or older and under 14 years of age; or

(3) One hundred and fifty lobster traps in the coastal waters of the State if the person is 14 years of age or older and under 23 years of age.

A person issued a student license is enrolled in the apprentice program under section 6422. When applying for a license the person must designate a sponsor and may designate up to 3 sponsors. For the purposes of this paragraph, “sponsor” means a person who holds a Class I, Class II or Class III lobster and crab fishing license issued under this section.

Sec. 4. 12 MRSA 6439-A, as amended by PL 2001, c. 272, 4, is repealed.

Sec. 5. 12 MRSA 6446, sub- 1-A, as amended by PL 2007, c. 201, 16, is further amended to read:

1-A. Declared lobster zone; authorized zones. On an application for a Class I, Class II, Class III , student or noncommercial lobster and crab fishing license or a nonresident lobster and crab landing permit, a person shall declare the lobster management zone in which that person proposes to fish a majority of that person’s lobster traps and shall list all other zones in which that person proposes to fish any of that person’s lobster traps. A Class I, Class II, Class III , student or noncommercial lobster and crab fishing license or a nonresident lobster and crab landing permit must identify the declared lobster zone in which the person is authorized to fish a majority of that person’s lobster traps and must identify all other zones in which a person is authorized to fish that person’s traps. A person may not place any lobster traps in a zone that is not identified on that person’s license. For the purposes of this subsection, the majority of a person’s lobster traps must be determined from the number of trap tags issued to that person.

Sec. 6. 12 MRSA 6447, sub- 5, as amended by PL 2009, c. 499, 2 and affected by 3, is further amended to read:

5. Council authority. Upon approval in a referendum under subsection 6, a lobster management policy council may propose to the commissioner rules for a zone to place the following limitations on lobster and crab fishing license holders that fish in that zone, as long as the proposed limitations are equal to or stricter than the limitations under section 6431-A , 6439-A or 6440:

A. The number of lobster traps fished and the time periods allowed for complying with that number;
B. The number of lobster traps allowed on a trawl; and
C. The time of day when lobster fishing may occur.

Sec. 7. 12 MRSA 6448, sub- 3, as enacted by PL 1999, c. 508, 3, is amended to read:

3. Fishing in limited-entry zones. A person who holds a Class I, Class II or , Class III or student lobster and crab fishing license may not fish a majority of that person’s lobster traps in a limited-entry zone unless that person’s license identifies that zone as the declared lobster zone.

Sec. 8. 12 MRSA 6481, sub- 1, as enacted by PL 2013, c. 342, 1, is amended to read:

1. Swans Island Lobster Conservation Area. The following territorial waters of the State in the vicinity of Swans Island are known as the Swans Island Lobster Conservation Area:

Beginning at the northern tip of Long Point, Marshall Island, Hancock County, Maine; then northerly to the navigational buoy at the western entrance to Toothacker Bay, located at the intersection of Loran lines 9960-W-12492.0 and 9960-X-25800.0 68 30.657′ W. Longitude, 44 08.063′ N. Latitude; then northeasterly to West Point, Swans Island, Hancock County, Maine; then from Phinney Point on the northeastern shore of Swans Island southeasterly to the intersection of Loran lines 9960-W-12445.6 and 9960-X-25780.9, 68 22.40′ W. Longitude, 44 08.79′ N. Latitude, Hancock County, Maine; then southwesterly to the intersection of Loran lines 9960-W-12468.0 and 9960-X-25773.0, 68 23.6′ W. Longitude, 44 06.4′ N. Latitude; then south-southwesterly to the intersection of Loran lines 9960-W-12482.2 and 9960-X-25766.4, 68 24.01′ W. Longitude, 44 04.8′ N. Latitude; then southerly to the intersection of Loran lines 9960-W-12493.5 and 9960-X-25758.4, 68 23.9′ W. Longitude, 44 03.1′ N. Latitude, and the intersection with the 3-nautical-mile line of the territorial waters, as shown on United States Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, Office of Coast Survey Chart #13312; then southwesterly along the 3-nautical-mile line of the territorial waters approximately 3.5 miles to a point where a line drawn southeasterly 165 True from the center of Black Ledges intersects the 3-nautical-mile line of the territorial waters at Loran lines 9960-W-12524.5 and 9960-X-25765.5, 68 28.6′ W. Longitude, 44 01.9′ N. Latitude; then northwesterly 345 True to the center of Black Ledges; then northwesterly to the most southerly point of Marshall Island; thence then along the westerly shore of Marshall Island to the point of beginning.

Sec. 9. 12 MRSA 6601, sub- 3, as amended by PL 2005, c. 434, 4, is further amended to read:

3. Eligibility. A commercial shellfish license may be issued only to an individual who is a resident , except that a nonresident who is the holder of a lease issued under section 6072, 6072-A or 6072-B or a license issued under section 6072-C may be issued a commercial shellfish license that authorizes the individual to engage in the licensed activities under subsection 2-A for cultured shellfish the individual has removed from the leased area or the licensed gear.

Sec. 10. 12 MRSA 6851-A, as amended by PL 2009, c. 213, Pt. G, 37, is repealed.

Sec. 11. 12 MRSA 6856, sub- 1, as amended by PL 2005, c. 508, 2, is further amended to read:

1. Shellfish sanitation certificate. A person may not undertake the processing, buying, selling, shipping, transporting or shucking of shellfish or whole scallops without a shellfish sanitation certificate unless authorized under section 6701 or 6702. The commissioner may issue a shellfish sanitation certificate to a wholesale seafood license holder , a limited wholesale shellfish harvester’s license holder or a shellfish transportation license holder that authorizes the holder to undertake the activities expressly authorized therein, which may include buying and selling, shipping, transporting, shucking or other processing of shellfish or whole scallops. A wholesale seafood license , limited wholesale shellfish harvester’s license or shellfish transportation license is also necessary to undertake the activities authorized under those licenses.

Sec. 12. 12 MRSA 6856, sub- 3-D, A, as enacted by PL 2011, c. 175, 5, is amended to read:

A. Using the following general guidelines to identify whether pollution abatement activities are likely to succeed in a shellfish growing area, the commissioner may close a shellfish growing area pursuant to section 6172 for municipal pollution abatement activities.

(1) Pollution abatement activities are likely to succeed in shellfish growing areas affected by identified failing residential septic systems and other identified localized sources of human or animal fecal contamination when funding for abatement is available.

(2) Pollution abatement activities are not likely to succeed in shellfish growing areas affected by wastewater treatment plant outfall or other point sources of treated or partially treated sewage unless complete removal of pollution sources has been achieved.

(3) Abatement activities are not likely to succeed in shellfish growing areas affected by chronic nonpoint source contamination from rivers or streams.

At the request of the municipality, the commissioner may allow soft-shelled clam depuration harvesting in a shellfish growing area closed under this paragraph.

summary

This bill makes several technical and clarifying changes to Maine’s marine resources laws. The bill:

1. Eliminates the requirement to record a research or aquaculture lease in the county registry of deeds;

2. Clarifies that a student lobster and crab fishing license holder may designate up to 3 sponsors;

3. Deletes the Kittery lobster trawl limit from statute. All other trawl limits are in department rule;

4. Clarifies that a student lobster and crab fishing license holder must declare a lobster management zone and may not fish a majority of the license holder’s gear outside the declared zone;

5. Provides that the coordinates for the Swans Island Lobster Conservation Area are presented in latitude and longitude format and not Loran format;

6. Allows nonresidents who hold aquaculture leases or limited-purpose aquaculture licenses to be issued commercial shellfish licenses. Current law restricts commercial shellfish licenses to Maine residents;

7. Eliminates the limited wholesale shellfish harvester’s license; and

8. Clarifies the method for closing a municipal flat to depuration harvesting when the municipality is conducting pollution abatement activities.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 730 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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