Whereas, the Atlantic States Marine Fisheries Commission has voted to find Maine in noncompliance with the Interstate Lobster Fishery Management Plan if the State does not change its lobster laws by March 2005; and

Whereas, this legislation needs to be an emergency so that Maine can be in compliance before the March deadline; 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Sec. 1. 12 MRSA §6431, sub-§1, as repealed and replaced by PL 1991, c. 31, §1 and affected by §2, is amended to read:

1. Minimum and maximum length. A person may not buy, sell, give away, transport, ship or possess any lobster that is less than the minimum size established in this subsection or more than 5 inches in length, as determined by the state double gauge lobster measure. Except as provided in this subsection 1-A, the minimum lobster size is 3 8/32 inches.

A. Upon written certification by the Attorney General under paragraph B, the minimum lobster size increases as follows:

(1) On March 1st of the year after the year in which the Attorney General issues the certification, the minimum size is 3 9/32 inches; and

(2) On March 1st of the following year, the minimum size is 3 10/32 inches.

B. The Attorney General shall notify the Governor and the Legislature in writing immediately upon certifying that the following conditions have been met:

(1) The United States Secretary of Commerce has amended the Lobster Fisheries Management Measures, as set forth in 50 Code of Federal Regulations, Part 649, Subpart B, so that the minimum federal legal lobster size and schedule of increases in the federal minimum lobster size conform to those established in this subsection; and