| | | Emergency preamble. Whereas, Acts of the Legislature do not become | | effective until 90 days after adjournment unless enacted as | | emergencies; and |
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| | | Whereas, seaweed harvesting is a summer seasonal industry and, | | in order to effectively improve the chances of harvesters for the | | upcoming season, certain measures need to be immediately adopted; | | and |
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| | | Whereas, in the judgment of the Legislature, these facts create | | an emergency within the meaning of the Constitution of Maine and | | require the following legislation as immediately necessary for | | the preservation of the public peace, health and safety; now, | | therefore, |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 12 MRSA §571, 2nd ¶, as enacted by PL 1985, c. 782, is | | amended to read: |
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| | | The Legislature further finds and declares that this public | | trust is part of the common law of Maine and generally derived | | from the practices, conditions and needs in Maine, from English | | Common Law and from the Massachusetts Colonial Ordinance of 1641- | | 47. The public trust is an evolving doctrine reflective of the | | customs, traditions, heritage and habits of the Maine people. In | | Maine, the doctrine has diverged from the laws of England and | | Massachusetts. The public trust encompasses those uses of | | intertidal land essential to the health and welfare of the Maine | | people, which uses include, but are not limited to, fishing, | | fowling, seaweed harvesting, navigation, use as a footway between | | points along the shore and use for recreational purposes. These | | recreational uses are among the most important to the Maine | | people today who use intertidal land for relaxation from the | | pressures of modern society and for enjoyment of nature's beauty. |
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| | | Sec. 2. 12 MRSA §573, sub-§1, ¶A, as enacted by PL 1985, c. 782, is | | amended to read: |
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| | | A. The right to use intertidal land for fishing, fowling, | | seaweed harvesting and navigation; |
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| | | Emergency clause. In view of the emergency cited in the preamble, | | this Act takes effect when approved. |
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