LD 434
pg. 1
LD 434 Title Page An Act To Clarify Maine's Authority To Enforce Its Marine Resources Laws Page 2 of 2
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LR 633
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 12 MRSA §6001, sub-§13-I is enacted to read:

 
13-I.__Established base of operations.__"Established base of
operations" means the location where a vessel has its primary
relationship.__Among the factors identifying a primary
relationship are the locations at which the vessel is primarily
moored or docked, where it prepares for expeditions and hires a
crew and to which it regularly returns for repairs, supplies and
activities relating to its business or trade.__The fact that a
vessel carries on one or more of these activities at more than
one location within this State or at a location or locations
outside this State does not prevent the vessel from being
considered to have an established base of operations within the
State if a substantial portion of these activities are carried on
at a location or locations within this State.__For purposes of
this subsection, "substantial portion" means a period exceeding
60 days in any calendar year.

 
Sec. 2. 12 MRSA §6001, sub-§36, as enacted by PL 1977, c. 661, §5, is
repealed and the following enacted in its place:

 
36.__Registered vessel.__"Registered vessel" means:

 
A.__A vessel that is owned or operated by a person licensed
under this Part;

 
B.__A vessel that is used to bring a marine organism into
the State or its territorial waters;

 
C.__A vessel that is registered or has been issued a
certificate of number under chapter 935;

 
D.__A vessel documented in accordance with 46 United States
Code, Chapter 121 that has designated a Maine port of hail;

 
E.__A vessel that has been issued a certificate of number by
the United States Coast Guard under 46 United States Code,
Chapter 123 that has identified Maine as the state of
principal use; or

 
F.__A vessel that has an established base of operations
within this State.

 
Sec. 3. 12 MRSA §6001, sub-§37-A, as enacted by PL 1979, c. 590, §1,
is amended to read:

 
37-A. Rigged. "Rigged" means to have on board the equipment
necessary to undertake the activity. The commissioner


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