CHAPTER 186
S.P. 526 - L.D. 1649
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, green crabs are most active during the summer; and
Whereas, delay in the implementation of a green crab licensing requirement could potentially postpone any substantive management efforts for green crab control until the summer of 2002; 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 §§6808 to 6810 are enacted to read:
§6808. Commercial green crab only license
1. License required. It is unlawful for a person to engage in the activities authorized by this license under this section without a current commercial green crab only license.
2. Licensed activities. The holder of a commercial green crab only license may fish for or take green crabs or possess, ship, transport or sell green crabs that the license holder has taken.
3. Reporting; rules. The commissioner shall adopt rules regarding data that the holder of a commercial green crab license must submit to the department. The commissioner may deny an application for the renewal of a license issued under this section if the license holder fails to report the information required pursuant to this subsection. Rules adopted by the commissioner pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
4. Exemption. Notwithstanding subsection 1, a license is not required to fish for, take, possess or transport green crabs for personal use. A municipality that harvests green crabs under authorization from the department is not required to have a commercial green crab license as long as the harvesting of green crabs occurs under supervision of the municipality.
5. Eligibility. A commercial green crab only license may be issued only to an individual.
6. Fees. The fee for a commercial green crab only license is $33 for a resident license and $66 for a nonresident license, which authorizes the license holder to engage in the licensed activities under subsection 2.
7. Disposition of fees. All fees for commercial green crab only licenses must be deposited in the Green Crab Management Fund established in section 6809.
8. Prohibition. The holder of a commercial green crab only license may not have aboard a boat used for crab fishing any lobster or lobster parts.
§6809. Green Crab Management Fund
1. Fund established. The Green Crab Management Fund, referred to in this section as the "fund," is established as a dedicated, nonlapsing fund within the department.
2. Purposes of fund. The commissioner shall use the fund for research and management programs for the green crab fishery.
3. Source of revenue. In addition to the fees derived from the commercial green crab license, the fund may receive money from any source for the purposes described in subsection 2.
1. Authorized traps. It is unlawful to fish for green crabs under a license issued pursuant to subsection 6808 with traps not authorized by the commissioner.
2. Trap design; rules. The commissioner shall establish authorized green crab trap designs by rule. Rules adopted by the commissioner pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 2. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
2001-02 2002-03
MARINE RESOURCES, DEPARTMENT OF
Division of Administrative Services
All Other $500 $500
Provides initial allocations for the Green Crab Management Fund.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect July 1, 2001.
Effective July 1, 2001.
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