Whereas, the mahogany quahog fishery industry provides an important source of income to Maine fishermen; and

Whereas, the mahogany quahog quota for Maine is determined at the federal level and is not based on current scientific information; and

Whereas, a source of funding is needed to accurately assess Maine's mahogany quahog resource and ensure the sustainability of the Maine fishery; and

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,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §6731-A, sub-§5, as enacted by PL 1991, c. 561, §1, is amended to read:

5. Mahogany Quahog Monitoring Fund. The Toxin Mahogany Quahog Monitoring Fund is established within the department. The commissioner shall use any money credited to the Toxin Mahogany Quahog Monitoring Fund exclusively for the collection of samples required under this section to monitor the level of paralytic shellfish toxin in mahogany quahogs and to conduct stock assessments of the mahogany quahog resource. All money in the Toxin Mahogany Quahog Monitoring Fund is subject to allocation by the Legislature. The Toxin Mahogany Quahog Monitoring Fund may not lapse but must carry forward to be used for the same purpose. Nothing in this subsection prohibits the commissioner from using other funds budgeted by the department to carry out the purposes of this section.

Sec. 2. 36 MRSA §4718, as amended by PL 2003, c. 20, Pt. WW, §28, is further amended to read:

§4718. Contributions; Toxin Monitoring Fund

The State Tax Assessor shall determine annually the total amount of tax revenue collected under this chapter. The State Tax Assessor shall deduct the cost of administering the mahogany quahog tax from those revenues and report the remainder to the Treasurer of State, who shall credit that amount to the Toxin