A.__Determine the changes needed in the commercial fishing activity or commercial fishing operation to comply with appropriate environmental practices and prescribe site- specific practices for that activity or operation;

B.__Advise the person responsible for the commercial fishing activity or commercial fishing operation of the changes, as determined in paragraph A, that are necessary to comply with appropriate environmental practices and determine subsequently if those changes are implemented; and

C.__Give the findings of the initial investigation and subsequent investigations and any determination of compliance to the complainant and person responsible for the commercial fishing activity or commercial fishing operation.

5.__Failure to adopt appropriate environmental practices.__If the person responsible for the commercial fishing activity or commercial fishing operation does not apply appropriate environmental practices as required by the commissioner, the commissioner shall send a written report to the Attorney General and to the appropriate agency if a federal or state law has been violated.__The Attorney General may institute an action to abate a nuisance, and the court may order the abatement with costs as provided under section 2702.

6.__Rules.__The commissioner shall adopt rules in accordance with the Maine Administrative Procedure Act to interpret and implement this section.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill creates a right-to-fish law that is similar to Maine's right-to-farm law. It provides that a commercial fishing activity or commercial fishing operation is not a nuisance if the

activity or operation predates a change in the land use or occupancy of land within one mile of the activity or operation or if the activity or operation conforms to appropriate environmental practices as determined by the Commissioner of Marine Resources.

It directs the Commissioner of Marine Resources to investigate all complaints involving a commercial fishing activity or commercial fishing operation and to recommend changes to comply with appropriate environmental practices. It also provides that failure to apply appropriate environmental practices may result in an action to abate a nuisance.