CHAPTER 203
S.P. 153 - L.D. 527
An Act To Regulate the Use of Alternative Bait in Marine Fisheries
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the unregulated use of animal hides and other remains as lobster bait poses significant and immediate risks to public health, lobster health and the Maine lobster industry; 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 §6175 is enacted to read:
The commissioner may adopt rules to regulate the use of alternative bait in marine fisheries. For the purposes of this section, "alternative bait" means any bait that does not naturally originate from the ocean. Rules adopted pursuant to this section must be adopted in accordance with the procedures in subchapter 2 and are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. 12 MRSA §6432-A is enacted to read:
1. Offal prohibited. A person may not use offal as bait to fish for or take lobster or crabs. For the purposes of this section, "offal" means the carcass, waste parts, renderings or remains of a wild or domesticated animal that is not a marine organism, but does not include animal hide from which the hair has been removed.
2. Prima facie evidence. The possession of offal while fishing for or taking lobster or crabs is prima facie evidence of a violation of this section.
Sec. 3. Effective date. That section of this Act that enacts the Maine Revised Statutes, Title 12, section 6432-A takes effect January 1, 2006.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved, except as otherwise indicated.
Effective May 20, 2005, unless otherwise indicated.
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