| | The commissioner may adopt rules under chapter 607, subchapter | 1 to promote the conservation and propagation of sea cucumbers.__ | Those rules may include, but are not limited to, the | establishment of management areas in which the harvest of sea | cucumbers will be permitted, limits on the number of licenses | associated with those management areas and annual limits on total | harvest from each of those management areas.__Rules adopted | pursuant to this section are routine technical rules as defined | in Title 5, chapter 375, subchapter 2-A. |
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| | Sec. 4. 12 MRSA c. 623, sub-c. 4, art. 3 is enacted to read: |
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| LIMITATIONS ON SEA CUCUMBER DRAG LICENSES |
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| | 1.__License eligibility.__The commissioner may not issue a sea | cucumber drag license under section 6801-A to any person unless | that person possessed that license in the previous calendar year | or becomes eligible to obtain that license pursuant to a limited | entry system under subsection 2. |
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| | 2.__Sea cucumber drag license limited entry system.__The | commissioner may establish by rule a limited entry system under | which a person who did not hold a sea cucumber drag license under | section 6801-A in the previous calendar year may become eligible | to obtain that license.__The rules for a limited entry system | must include provisions for the method and administration of the | system.__Rules adopted pursuant to this subsection are major | substantive rules as defined in Title 5, chapter 375, subchapter | 2-A. |
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| | 3.__Exceptions.__Notwithstanding subsection 1, the following | persons may be issued a sea cucumber drag license for license | year 2006: |
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| A.__A person who was certified as eligible for and obtained | a sea cucumber endorsement in 2000; and |
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| B.__A person who reported landings of at least 100,000 | pounds of sea cucumbers during license year 2002, 2003 or | 2004. |
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| | 4.__Protection from depletion.__The commissioner may adopt | rules for the sea cucumber drag license limited entry system to | prohibit new entry in a year when it is necessary to protect or | conserve the sea cucumber resource from imminent depletion. |
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