CHAPTER 123
H.P. 573 - L.D. 764
An Act Concerning Regulatory Authority to Protect Certain Marine Organisms
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law authorizes the Commissioner of Marine Resources to adopt or amend rules that limit the taking of marine organisms; and
Whereas, whales and other marine organisms that are protected under state and federal law are becoming entangled in fishing gear and dying; and
Whereas, immediate action is needed to prevent further needless losses to these protected species; 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 §6001, sub-§26, as amended by PL 1987, c. 312, §2, is further amended to read:
26. Marine organism. "Marine organism" means any animal, plant or other life that inhabits coastal waters below head of tide.
Sec. 2. 12 MRSA §6171, sub-§5 is enacted to read:
5. Rules to limit taking of marine organisms. The commissioner may adopt rules that limit the taking of a marine organism for the purpose of protecting another marine organism. Rules adopted pursuant to this subsection are major substantive rules, pursuant to Title 5, chapter 375, subchapter II-A.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 25, 1997.
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