LD 1510
pg. 5
Page 4 of 9 An Act To Amend the Lobster Fishing Laws of Maine Page 6 of 9
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LR 627
Item 1

 
council is not required to submit the proposal to referendum
and the proposed exit ratio does not need to receive approval
through the survey in order to be forwarded to the
commissioner.

 
B. The commissioner may initiate rulemaking under this
subsection only upon receipt of a proposal under paragraph
A. The commissioner shall hold a public hearing on the
proposed rules pursuant to Title 5, section 8052. The
public hearing must be held in the zone in which the rules
would apply and the results of the written survey must be
entered into the record.

 
C. Rules adopted under this subsection must establish an
exit ratio between the number of individuals who declared
that zone as their declared lobster zone in the year prior
to the previous calendar year, but who did not declare that
zone as their declared lobster zone in the previous calendar
year, and the number of new zone entrants authorized under
subsection 7. An exit ratio established by rule under this
subsection is not required to be the same as the exit ratio
proposed by the lobster management policy council. Rules
adopted under this subsection may exempt from the
requirements of this section an individual who became
eligible for but who had not been issued a Class I, Class II
or Class III license pursuant to section 6421, subsection 5,
paragraph C or former paragraph H prior to January 1, 2000
and allow such an individual to declare the zone as that
individual's declared lobster zone.

 
D. Upon written notification from the lobster management
policy council that a majority of the council has voted to
conduct a survey in a zone regarding a proposal for an exit
ratio to limit new zone entrants to the zone, the
commissioner shall close the zone to new zone entrants until
the commissioner either adopts rules under this subsection
or declares that the commissioner will not initiate
rulemaking under this subsection. In no event may the zone
remain closed for longer than one year unless the
commissioner has adopted rules establishing limits on new
zone entrants to the zone.

 
E.__When a lobster management policy council proposes to the
commissioner a change in the exit ratio established under
paragraph C, the lobster management policy council may also
propose to the commissioner a provision to allow individuals
who meet the following conditions to enter the zone in
accordance with the previously existing exit ratio:


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