3. Prohibition.__It is unlawful for a person to possess aboard a vessel, fish for or take sea urchins on any day not designated as open to sea urchin harvesting under this section.

Sec. 6. 12 MRSA §6749-N, sub-§3 is enacted to read:

3. Conservation areas.__The commissioner may adopt rules to establish conservation areas pursuant to section 6171 for the purposes of sea urchin research that are considered closed areas for the purpose of this section.__Fishing for sea urchins in a conservation area adopted through the department for sea urchin research is considered a violation of this subchapter and subject to the penalties under section 6749-Y.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. 7. 12 MRSA §6749-O, sub-§§2-A and 2-B, as enacted by PL 1997, c. 685, §3, are amended to read:

2-A. License eligibility. The commissioner may not issue a handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping license to any person for calendar year 1999, 2000 or 2001 unless that person possessed that license in the previous calendar year or becomes eligible to obtain that license pursuant to a lottery under subsection 2-B.

2-B. Sea urchin license lottery. The commissioner shall establish by rule a lottery system under which a person who did not hold a handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping license in the previous calendar year may become eligible to obtain that license in calendar year 1999, 2000 or 2001 for use in a zone established pursuant to section 6749-N. The rules for a lottery system must include provisions for the method and administration of a lottery. The rules may include provisions for a method under which a person may submit more than one entry in a lottery based on the prior calendar years a person held a license that qualify that person for a lottery. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

A. Pursuant to section 6749-P, all licenses issued to a person in a calendar year must be for use in the same zone.

B. A person may not enter more than one license lottery during a calendar year.

C. A person is eligible to enter a lottery for a handfishing sea urchin license and a sea urchin hand-raking and trapping license if that person held in the previous calendar year a sea urchin and scallop diving tender license issued under section 6535 that was valid for more than 30 days or if that person held in the previous calendar year a handfishing scallop license issued under section 6701.

D. A person is eligible to enter a lottery for a sea urchin dragging license if that person held in the previous calendar year a commercial fishing license issued under section 6501, a scallop boat license issued under section 6702, a mahogany quahog license issued under section 6731 or a mussel boat license issued under section 6746.

E. Except as provided in paragraph F, the number of persons awarded eligibility in a lottery for a handfishing sea urchin license, a sea urchin hand-raking and trapping license or a sea urchin dragging license in a zone must be in accordance with the exit ratio for that license in that zone. For the purposes of this paragraph, "exit ratio" means that one person may be awarded eligibility in a license lottery for every 5 persons who held that license in the year prior to the previous calendar year but who did not renew that license in the previous calendar year.

F. The commissioner may hold a combined lottery for sea urchin handfishing licenses and sea urchin hand-raking and trapping licenses in a zone if the exit ratio for those licenses in that zone is reached. For the purposes of this paragraph, "exit ratio" means that one person may be awarded eligibility in a lottery to obtain either a sea urchin handfishing license or a sea urchin hand-raking and trapping license for every 5 persons who held a sea urchin handfishing license or a sea urchin hand-raking and trapping license in the year prior to the previous calendar year but who did not renew the license in the previous calendar year.

Sec. 8. 12 MRSA §6749-Q, first ¶, as amended by PL 1997, c. 685, §5, is further amended to read:

The following surcharges are assessed on licenses sold for calendar years 1998, 1999, 2000 and 2001 issued by the department:

Sec. 9. 12 MRSA §6749-Q, sub-§5, as amended by PL 1995, c. 462, Pt. A, §32, is further amended to read:

5. Wholesale seafood license with a sea urchin processor's permit. Two thousand five hundred One thousand dollars on a wholesale seafood license with a sea urchin processor's permit.

Sec. 10. 12 MRSA §6749-R, sub-§1, as repealed and replaced by PL 1999, c. 790, Pt. A, §13, is amended to read:

1. Uses of the fund. The commissioner shall use the fund for research directly related to sea urchin fishery management information needs and for reporting to licensed sea urchin harvesters, boat tenders, processors and buyers on the results of research and the use of fund revenues. The purpose of that research must be to determine, with the highest reliability possible given available resources, the greatest level of effort that may be applied to the sea urchin fishery without harming the long-term economic and biological sustainability of the sea urchin fishery. The commissioner shall consult with the Sea Urchin Zone Council under section 6749-X before deciding upon research projects and awarding grants from the fund. The fund may also be used to cover the costs associated with determining eligibility for licenses under this subchapter, for law enforcement and support for the Sea Urchin Zone Council, including reimbursement for travel expenses. Up to 30% of allotted revenues may be used for law enforcement purposes.

Sec. 11. 12 MRSA §6749-T, as amended by PL 1997, c. 685, §7, is repealed.

Sec. 12. 12 MRSA §6749-W, as amended by PL 1999, c. 244, §4, is repealed.

Sec. 13. 12 MRSA §6749-X, sub-§3, ¶A, as enacted by PL 1997, c. 177, §7, is amended to read:

A. The designation of open days for the harvesting of sea urchins by handfishing, dragging, hand-raking and trapping pursuant to section 6749-W or under rules adopted under section 6749;

Sec. 14. 12 MRSA §6749-X, sub-§6 is enacted to read:

6.__Compensation.__Members are entitled to compensation according to Title 5, chapter 379.

Sec. 15. Effective date. That section of this Act that repeals the Maine Revised Statutes, Title 12, section 6749-W takes effect December 31, 2001.

SUMMARY

The bill makes the following changes to the laws regarding the sea urchin fishery.

1. It allows Sea Urchin Zone Council members to be reimbursed for expenses only.

2. It requires the Commissioner of Marine Resources to suspend the sea urchin fishing license for one year from the date of a license holder's conviction for fishing in a closed area.

3. It establishes a rebuttable presumption that anyone diving from a boat with sea urchins aboard is diving for sea urchins.

4. It requires the Commissioner of Marine Resources to establish by rule open days for sea urchin harvesting for Zone 1 and Zone 2 after consultation with the Sea Urchin Zone Council and repeals the current provision governing open days. The bill also makes it unlawful for a person to harvest sea urchins on a day not designated as an open day.

5. It requires the Commissioner of Marine Resources to adopt rules to establish conservation areas for the purpose of sea urchin research and makes fishing for sea urchins in those areas a violation subject to the penalties under the Maine Revised Statutes, Title 12, section 6749-Y.

6. It strikes the provision that would repeal Title 12, chapter 623, subchapter II-C, article 3, "Emergency Limitations; Sea Urchin Fishery," and makes conforming changes in contemplation of the law continuing past 2001.

7. It reduces the surcharge for a sea urchin processor's permit from $2500 to $1000.

8. It authorizes use of the Sea Urchin Research Fund for reimbursement for travel expenses for Sea Urchin Zone Council members.