| | 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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