‘Sec. 1. 12 MRSA §6032, as enacted by PL 1999, c. 85, §3, is repealed and the following enacted in its place:
§ 6032. Marine Recreation Fishing Conservation and Management Fund
1. Fund established. The Marine Recreation Fishing Conservation and Management Fund, referred to in this section as "the fund," is established within the department. In addition to fees derived from the saltwater recreational fishing registry pursuant to section 6312, subsection 4, the commissioner may receive on behalf of the fund funds from any source. All money received into the fund must be used for the purposes of the fund under subsection 2. Unexpended balances in the fund at the end of the fiscal year do not lapse but must be carried forward to the next fiscal year to be used for the purposes of the fund. Any interest earned on the money in the fund must be credited to the fund. By February 1st of each year, the commissioner shall report to the joint standing committee of the Legislature having jurisdiction over marine resources matters on the amount of money collected in the fund and all expenditures made from the fund in the previous fiscal year.
2. Uses of fund. The commissioner may authorize the expenditure of money from the fund for the implementation, administration and enforcement of the saltwater recreational fishing registry under section 6312 and for research and conservation efforts related to the saltwater recreational fishery.
Sec. 2. 12 MRSA §6312 is enacted to read:
§ 6312. Saltwater recreational fishing registry
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Disabled veteran" means a veteran of the Armed Forces of the United States who has a service-connected disability as determined by the United States Department of Veterans Affairs.
B. "Person with a disability" means a person who is physically or mentally incapacitated as determined by the commissioner.
C. "Registry" means the registry for persons engaged in saltwater recreational fishing established under subsection 2.
2. Saltwater recreational fishing registry established. The commissioner shall administer and maintain a registry of persons who engage in saltwater recreational fishing. The commissioner may designate by rule the methods of fishing or the saltwater areas for which registration is required under this section. The registry must at a minimum contain the name, address, date of birth and telephone number for each person registered. Only an individual may register.
3. Registration required. A person may not engage in saltwater recreational fishing or land or possess fish taken from salt water without registering pursuant to this section except the following persons are exempted from this prohibition:
A. A person under 16 years of age;
B. A passenger on board a vessel captained by an individual who possesses a current guide license issued under section 12853 for tidewater fishing or a customer on board a vessel licensed to carry passengers for hire for recreational fishing;
C. A person with a disability;
D. A disabled veteran;
E. An individual that possesses a valid New Hampshire saltwater recreational fishing license that meets the requirements of 50 Code of Federal Regulations, Sections 600.1415 and 600.1416 (2009) engaging in recreational saltwater fishing from the State's southern border to Cape Neddick;
F. An individual renting a smelt fishing camp from a commercial operator; and
G. A resident fishing on July 4th, Labor Day weekend or Memorial Day weekend.
4. Fees. The fees for registering annually on the registry are:
A. Five dollars for a resident;
B. Fifteen dollars for a nonresident; and
C. Ten dollars for a resident lifetime registration for an applicant that is 70 years of age or older. A resident lifetime registration is valid for one year and may be renewed free of charge.
Revenues collected pursuant to this subsection must be deposited in the Marine Recreation Fishing Conservation and Management Fund established under section 6032.
The registry does not authorize a person registered on the registry to sell fish taken pursuant to the registry.
5. Agent fee. A clerk or other agent appointed by the commissioner to register people on the registry shall charge a fee of $2 for each person registered by that clerk or agent. The commissioner shall charge a fee of $1 for each registration taken by a department employee.
6. Native American. Upon application, the commissioner shall register a member of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs on the registry without a charge or fee if the Native American presents a certificate from the respective reservation governor, the Aroostook Micmac Council or "Wesget-Sipu" stating that the person described is a Native American and a member of that nation, band or tribe. The commissioner may refuse to register a Native American that is otherwise prohibited from registering or from holding a recreational fishing license issued under Part 13. A registration under this subsection is valid for one year and may be renewed without a charge or fee.
7. Penalty. A person who violates subsection 3 commits a civil violation for which a fine of not less than $100 may be adjudged.
8. Collaboration on outreach efforts. The commissioner shall work with fishing and hunting groups and interested parties in the commissioner's efforts to notify and educate the public about the registry.
9. Report. The commissioner shall report registry information to the United States Department of Commerce, National Oceanic and Atmospheric Administration in a form and manner as required by the National Oceanic and Atmospheric Administration.
10. Rules. The commissioner may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2A.
Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
MARINE RESOURCES, DEPARTMENT OF
Bureau of Resource Management 0027
Initiative: Provides funding for 2 seasonal Marine Patrol Officer positions, one full-time Marine Patrol Officer position, one part-time Marine Resource Scientist IV position, one part-time Marine Resource Scientist III position, one full-time Marine Resource Specialist I position, one full-time Marine Resource Scientist I position, 2 part-time Marine Resource Specialist I positions and 4 Conservation Aide positions and related All Other costs to administer, maintain and enforce the newly created saltwater recreational fishing registry.
| OTHER SPECIAL REVENUE FUNDS | 2009-10 | 2010-11 |
|
Personal Services
|
$0 | $76,882 |
|
All Other
|
$0 | $85,434 |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $162,316 |
Sec. 4. Effective date. This Act takes effect January 1, 2011.’