Sec. 1. 12 MRSA §6171-B is enacted to read:

§6171-B.__Sustainable development of emerging fisheries

1.__Commissioner's powers.__The commissioner may investigate conditions affecting marine resources and, with the advice and consent of the advisory council, may require an endorsement to participate in an emerging fishery that is determined under subsection 3 to be threatened.__The commissioner shall act to ensure that emerging fisheries do not develop at a rate that is not sustainable on a long-term basis.

2.__Emerging fishery; defined.__For purposes of this section, "emerging fishery" means the fishing for any marine organism, except shrimp, herring and groundfish species, that is not currently subject to a species-specific state commercial fishing license or permit.

3.__Determination of threat.__The commissioner may determine that a marine organism is threatened based on evidence of an increase in harvesting pressure.__The commissioner may be petitioned by harvesters involved in the emerging fishery for a determination of threat.

4.__Endorsement.__Endorsements may be granted under a commercial fishing license to control the number of individuals engaged in commercial harvesting in an emerging fishery.__The department shall adopt rules for establishing the qualification criteria for an endorsement for each species.__The commissioner may require the collection and timely reporting of any biological or environmental data as a condition of the endorsement.__The commissioner's authority to limit the number of endorsements for a specific species is limited to a period of 3 years from the date of the issuance of the first endorsement, renewable for one 3-year extension.

5.__Rule-making authority.__The department may adopt rules authorized under this section to establish eligibility for endorsement, reporting requirements and the number of endorsements issued.__Rules for each emerging fishery authorized by this section must be adopted and amended in accordance with the procedures outlined in subchapter II.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

6.__Incidental harvest.__A vessel not holding an endorsement for a species in an emerging fishery is prohibited from the landing or sale of that species.__To accommodate incidental harvest, possession at sea of that species is not prohibited.__ Possession of that species for personal use is not prohibited.