H.P. 1275 - L.D. 1836
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §§6404-B and 6404-C are enacted to read:
§6404-B. Suspension based on conviction of fishing on closed days for sea urchin fishing
The commissioner shall suspend the sea urchin fishing license of any license holder convicted in court of violating section 6749-W. The suspension must be for one year from the date of conviction.
§6404-C. Suspension based on conviction of sea urchin fishing in zone for which person is not licensed
The commissioner shall suspend the sea urchin fishing license of any license holder convicted in court of violating section 6749-P. The suspension must be for one year from the date of conviction.
Sec. 2. 12 MRSA §6749-R, sub-§1, as amended by PL 1997, c. 685, §6, is further 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 for personnel services for law enforcement and support for the Sea Urchin Zone Council. Up to 30% of allotted revenues may be used for personnel services for law enforcement purposes.
Sec. 3. 12 MRSA §6749-S, as enacted by PL 1993, c. 740, §3, is repealed and the following enacted in its place:
§6749-S. Log books for sea urchin buyers and processors
1. Log book; rules. The commissioner shall adopt rules requiring any person holding a wholesale seafood license with a sea urchin buyer's permit or a wholesale seafood license with a sea urchin processor's permit to maintain a log book. The rules must indicate the type of data that must be recorded in the log book, the manner for producing the log books and the method for analyzing data from the log books. The commissioner shall charge a fee for the log book that is sufficient to recover all costs associated with the production of the log book and analysis of the data, except that any personnel and operating costs associated with the log book must be paid from allocations from the Sea Urchin Research Fund. Fees received by the department from the sale of log books are dedicated revenue and must be used by the department for the purposes of this section. The log book and data analysis may be produced and conducted by the department or may be produced and conducted by a public or private entity under contract with the department. Disclosure of any data collected under this section is subject to the confidentiality provisions of section 6173.
2. Reporting. The commissioner may deny an application for the renewal of a wholesale seafood license with a sea urchin buyer's permit or a wholesale seafood license with a sea urchin processor's permit if the license holder fails to maintain a log book or report the data required by rule pursuant to subsection 1.
Rules adopted by the commissioner to implement this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 4. 12 MRSA §6749-W, sub-§1, as enacted by PL 1995, c. 595, §5 and affected by §6, is amended to read:
1. 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. 5. 12 MRSA §6749-X, sub-§1, as amended by PL 1997, c. 685, §10, is further amended to read:
1. Appointment; composition. The Sea Urchin Zone Council, referred to in this section as the "council," established by Title 5, section 12004-I, subsection 57-B, consists of 19 members. The commissioner shall appoint the members as follows:
A. Three sea urchin harvesters who hold a current handfishing sea urchin license for Zone 1;
B. Three sea urchin harvesters who hold a current handfishing sea urchin license for Zone 2;
C. Three sea urchin harvesters who hold a current sea urchin draggers license for Zone 1;
D. Three sea urchin harvesters who hold a current sea urchin draggers license for Zone 2;
E. One sea urchin processor who holds a current wholesale seafood license with a sea urchin processor's permit and whose processing operation is located in Zone 1; Two individuals whose base of operation is located in Zone 1 and who hold either a current sea urchin processor's permit or a current sea urchin buyer's permit;
F. One sea urchin processor who holds a current wholesale seafood license with a sea urchin processor's permit and whose processing operation is located in Zone 2; Two individuals whose base of operation is located in Zone 2 and who hold either a current sea urchin processor's permit or a current sea urchin buyer's permit;
G. One sea urchin buyer who holds a current wholesale seafood license with a sea urchin buyer's permit and whose base of operation is located in Zone 1;
H. One sea urchin buyer who holds a current wholesale seafood license with a sea urchin buyer's permit and whose base of operation is located in Zone 2;
I. Two scientists who have expertise in marine resources management; and
J. One sea urchin harvester who holds a current boat tender's license.
In making appointments under paragraphs A, B, C and D, the commissioner shall select members to ensure a geographic distribution of representation from each zone.
Sec. 6. 12 MRSA §6749-X, sub-§3, ¶B, as amended by PL 1997, c. 685, §11, is further amended to read:
B. Research projects and grants funded by the Sea Urchin Research Fund under section 6749-R. The council may seek advice from scientists who have expertise in marine resource management in determining the research needs for the sea urchin fishery;
Sec. 7. 12 MRSA §6749-Z, sub-§3, as enacted by PL 1995, c. 595, §5, is amended to read:
3. Conditions for authorization. The commissioner shall authorize zone change requests for a zone if the number of licenses issued for that zone in the previous calendar year is less than the number of licenses issued for that zone in the year before the previous calendar year. The total number of authorized change requests for a zone during a licensing year may not exceed the number by which the number of licenses issued for that zone in the previous calendar year is less than the number of licenses issued for that zone in the year before the previous calendar year Zone 1 during a licensing year must equal the total authorized requests for Zone 2. The commissioner shall authorize zone change requests in chronological order of requests received under this section.
Sec. 8. Transition provision. Members of the Sea Urchin Zone Council who were appointed under the Maine Revised Statutes, Title 12, section 6749-X prior to the effective date of this Act and whose membership is affected by this Act shall continue to serve on the council until their current terms expire.
Sec. 9. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
1999-00 2000-01
MARINE RESOURCES, DEPARTMENT OF
Division of Administrative Services
All Other $7,230 $9,930
Allocates funds to support the activities of the Sea Urchin Zone Council.
Effective September 18, 1999, unless otherwise indicated.
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