Sec. 10. 12 MRSA §6862, sub-§§2 and 4, as amended by PL 2001, c. 421, Pt. B, §61 and affected by Pt. C, §1, are further amended to read:

2. Permitted activity. A lobster tail permit authorizes a wholesale seafood license holder to remove a lobster tail from a lobster and to process that whole lobster tail or portions of that lobster tail under the following conditions.

A. The lobster tail or lobster tail portions may be processed only at the establishment named in the permit.

B. The lobster tail or lobster tail portions may come from only a legal-sized lobster, as defined in section 6431.

C. All containers in which lobster tails or lobster tail portions are packed to be sold, shipped or transported must be clearly labeled with the name, address and permit number of the packer.

4. Rules. The commissioner, in accordance with Title 5, chapter 375, may adopt rules necessary for implementation and enforcement of this section. These rules may include provisions for determining that lobster tails or lobster tail portions processed by a wholesale seafood license holder under this section were removed by that wholesale seafood license holder from legal-sized lobsters and other provisions as may be determined necessary.

Sec. 11. Retroactivity. That portion of this Act that enacts the Maine Revised Statutes, Title 12, section 6448, subsection 2, paragraph E applies retroactively to April 1, 2005. That portion of this Act that enacts Title 12, section 6448, subsection 2, paragraph F applies retroactively to October 1, 2004.