§6022. Commissioner's appointment, duties and powers
1.Appointment and term.
The commissioner shall be appointed by the Governor and shall be subject to review by the Joint Standing Committee on Marine
Resources and to confirmation by the Legislature. The commissioner shall serve at the pleasure of the Governor.
1985, c. 481, Pt. A, §34 (AMD)
The commissioner shall be responsible for the administration and enforcement of all marine resources' laws and shall have
all the powers of a marine patrol officer. He shall maintain records of all leases, certificates or licenses issued by the
commissioner or required to be filed under section 6027.
1979, c. 541, Pt. B, §73 (AMD)
3.Organization and personnel.
The commissioner shall organize the department into the administrative units which the commissioner decides are necessary
to carry out its duties. The commissioner shall hire all necessary employees of the department subject to the Civil Service
Law, except that persons in the following positions shall be appointed by and serve at the pleasure of the commissioner: Deputy
Commissioner; Chief, Bureau of Marine Patrol; and Assistant to the Commissioner for Public Information. The Chief of the
Bureau of Marine Patrol shall be appointed from among the patrol personnel of the bureau with the rank of sergeant or higher.
In the event that the Chief of the Bureau of Marine Patrol is not reappointed, that person shall have the right to be restored
to the classified position from which that person shall have been promoted or to a position equivalent thereto in salary grade
without impairment of that person's personnel status or the loss of seniority, retirement or other rights to which uninterrupted
service in the classified position would have entitled that person. If that person's service in the position of Chief of
the Bureau of Marine Patrol shall be terminated for cause, that person's right to be so restored shall be determined by the
State Civil Service Appeals Board.
1989, c. 348, §3 (AMD)
The commissioner shall prepare a written code governing the operating procedures of the Bureau of Marine Patrol services
for submission to the Director of Human Resources. The code shall become effective when approved by the Director of Human
1985, c. 785, Pt. B, §66 (AMD)
The commissioner may acquire and hold any right or interest in real or personal property on behalf of the State. The commissioner may by sale, lease or otherwise dispose of any such property, or portion of any such property or interest
in any such property, subject to the provisions of section 598-A.
2007, c. 615, §2 (AMD)
The commissioner may enter into reciprocal enforcement agreements with political subdivisions of the State and with other
states, regional authorities and the Federal Government. Pursuant to these agreements, the commissioner may designate and
deputize federal law enforcement personnel and law enforcement personnel from other states to enforce marine resource laws
and rules. In that event, the commissioner shall designate the specific laws and rules to be enforced. Agents so deputized
may enforce those laws and rules so designated by the commissioner. Agents so deputized by the commissioner shall have the
powers of a marine patrol officer, as defined in section 6025.
1985, c. 24, §2 (AMD)
The commissioner shall report to the Governor and Legislature every 2 years. This report shall include a detailed statement
of the department's actions and functions and a survey of the present state of the state's fishing industries and their anticipated
future, including statistics and data. The report may include those recommendations for amendments to the laws and licensing
procedures of the marine resources' laws as may be necessary for the operation of the department. The report shall cover the
period ending June 30th of each even-numbered year and shall be due within 6 months of the end of the period which it covers.
1977, c. 661, §5 (NEW)
The commissioner shall publish a pamphlet of the sections of this Part as soon as possible after the adjournment of the first
regular session of each Legislature. In addition, the commissioner may publish any other laws or regulations.
1977, c. 661, §5 (NEW)
The commissioner may accept federal funds for use in department programs and to do such acts as are consistent with the powers
of the commissioner and as are necessary to carry out federal laws pursuant to which those funds are provided. The commissioner
may accept any other funds as may be available to carry out the purposes of the department.
1977, c. 661, §5 (NEW)
The commissioner shall advise the United States Army Corps of Engineers, the Department of Transportation, the Department
of Environmental Protection and appropriate state agencies on the ecological effects of dredging, filling and depositing of
soil or otherwise altering coastal wetlands, whether these actions will affect adversely estuarine or marine fisheries and
what mitigation or compensatory measures are available. The commissioner shall also recommend to these agencies whether dredging,
filling or otherwise altering coastal wetlands is permitted under current state and federal wetland rules and regulations.
1989, c. 501, Pt. P, §21 (AMD)
The commissioner shall consult with, offer advice to and cooperate with the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife and the Department of Agriculture,
Conservation and Forestry in carrying out the commissioner's duties, and these agencies shall do the same in carrying out their duties. Cooperation includes the exchange of information and the filing of copies of any application, petition, request, report or similar document that may bear upon the responsibilities of any of these departments. Details of those exchanges must be worked out by the heads of the departments.
2011, c. 655, Pt. KK, §15 (AMD);
2011, c. 655, Pt. KK, §34 (AFF);
2011, c. 657, Pt. W, §5 (REV)
The commissioner may make regulations as authorized by marine resources' laws.
1977, c. 661, §5 (NEW)
1989, c. 502, Pt. A, §35 (RP)
14.Brands, labels and marks.
The commissioner may develop, design and register brands, labels or marks, as that term is used in Title 10, section 1521,
subsection 3, for identifying marine resource products packed in accordance with official grades and standards established
by the department and shall furnish information to packers and shippers as to where these labels and marks may be obtained.
A written application to the commissioner requesting permission to use these brands, labels or marks and a written acceptance
thereto from the commissioner shall be a condition precedent to the use of these brands, labels or marks. The right to use
these brands, labels or marks may be suspended or revoked by the commissioner according to the procedures set forth in section
6101, subsections 6 to 8, whenever it appears on investigation that they have been used to identify marine resource products
not conforming to the grades or standards indicated.
1981, c. 684, §8 (NEW)
The commissioner may prepare and distribute printed and audio-visual materials on matters within his statutory jurisdiction.
There is established within the department a revolving fund to cover the printing and distribution costs of these materials.
The commissioner shall fix the prices at which publications of the department may be sold or delivered. The department shall
retain, without charge, an appropriate number of each publication for complimentary distribution. Income from the sale of
publications that were charged to the revolving fund and any other moneys the commissioner may receive, from whatever source,
consistent with the purposes of this section, shall be credited to the revolving fund to be used as a continuing carrying
account to carry out the purposes of the fund.
1983, c. 286, §1 (NEW)
16.Atlantic salmon powers and responsibilities.
The commissioner has the sole authority to introduce Atlantic salmon into the inland waters, other than in commercial aquaculture
facilities. The commissioner has the sole authority to limit or prohibit the taking of Atlantic salmon and may adopt rules
establishing the time, place and manner of Atlantic salmon fishing in all waters of the State. Rules adopted pursuant to
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
2009, c. 561, §3 (NEW)
17.Permit banking program.
The commissioner may administer a permit banking program in which the department holds federal limited access fishing permits
and distributes the rights associated with those permits to eligible residents of the State with the goal of restoring and
preserving access to federally managed fisheries. The commissioner may lease fisheries allocations, as required, to fund
the costs associated with the permit banking program and may use funds in excess of those needed to administer the program to provide assistance to groundfish sectors consistent
with the goals of the program.
2011, c. 598, §4 (AMD)
The State assents to the provisions of the Federal Aid in Sport Fish Restoration Act, 16 United States Code, Chapter 10B,
as amended. The commissioner may perform all acts necessary for the establishment and implementation of cooperative fish
restoration and management projects as defined by that Act and the implementing regulations promulgated under that Act.
2011, c. 266, Pt. A, §1 (NEW)
1977, c. 661, §5 (NEW).
1979, c. 127, §82 (AMD).
1979, c. 541, §B73 (AMD).
1981, c. 505, §3 (AMD).
1981, c. 684, §8 (AMD).
1983, c. 286, §1 (AMD).
1983, c. 489, §8 (AMD).
1985, c. 24, §2 (AMD).
1985, c. 481, §A34 (AMD).
1985, c. 785, §§B65,66 (AMD).
1989, c. 348, §3 (AMD).
1989, c. 501, §P21 (AMD).
1989, c. 502, §A35 (AMD).
2007, c. 615, §2 (AMD).
2009, c. 561, §3 (AMD).
2011, c. 10, §1 (AMD).
2011, c. 266, Pt. A, §1 (AMD).
2011, c. 598, §4 (AMD).
2011, c. 655, Pt. KK, §15 (AMD).
2011, c. 655, Pt. KK, §34 (AFF).
2011, c. 657, Pt. W, §5 (REV).
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