‘Resolve, To Temporarily Remove Nighttime Restrictions on Lobster Fishing in a Certain Area in the Bay of Fundy’
| HP0446 LD 618 |
Session - 129th Maine Legislature C "A", Filing Number H-115, Sponsored by
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LR 747 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘Resolve, To Temporarily Remove Nighttime Restrictions on Lobster Fishing in a Certain Area in the Bay of Fundy’
Amend the bill by striking out everything after the title and inserting the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the current legal times for raising and hauling lobster traps are determined based upon sunrise and sunset; and
Whereas, the area described in this resolve is fished by Canadians, for whom commercial fishing is not subject to the same restrictions on the raising or hauling of lobster traps; and
Whereas, it is necessary that this resolve take effect by September 1, 2019 in order to take advantage of the fall harvest and in order to allow lobster license holders to fish efficiently and safely and on equal footing with other persons who fish commercially in the area; 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
Sec. 1. One-time exception. Resolved: That, notwithstanding the Maine Revised Statutes, Title 12, section 6440, subsection 1, the Commissioner of Marine Resources shall permit a person to raise or haul any lobster trap from September 1, 2019 through October 31, 2019 during any time of the day in an area in the Bay of Fundy referred to as the "gray zone" that encompasses approximately 210 square miles around Machias Seal Island where there are overlapping claims of sovereignty by the United States and Canada, if that person is authorized to fish in the lobster management zone in which the area described in this section is located. The commissioner shall adopt rules to define this area to ensure the boundaries of this area are clearly delineated. Rules adopted pursuant to this section regarding the boundaries of the area are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. Report. Resolved: That, by February 1, 2020, the Commissioner of Marine Resources shall submit a report to the Joint Standing Committee on Marine Resources describing the results associated with allowing lobster fishing in accordance with section 1. The commissioner may make recommendations to the committee regarding the continuation of this limited allowance. The committee may report out a bill based on the report to the Second Regular Session of the 129th Legislature.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment replaces the bill with a resolve. It requires the Commissioner of Marine Resources to allow a person who holds a lobster and crab fishing license to raise and haul lobster traps during any time of the day from September 1, 2019 through October 31, 2019 in an area in the Bay of Fundy referred to as the "gray zone" that encompasses approximately 210 square miles around Machias Seal Island where there are overlapping claims of sovereignty by the United States and Canada, if that person is authorized to fish in that area. It also directs the commissioner to define this area in rule to ensure the boundaries of this area are clearly delineated. Lastly, it requires that the commissioner submit a report to the Joint Standing Committee on Marine Resources by February 1, 2020 and gives the committee the authority to report out a bill based on the report.