An Act To Ensure Cultchless American Oyster Growers Licenses Are Issued by the Department of Marine Resources Only to Individuals Who Are Growers of American Oysters
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current rules of the Department of Marine Resources allow for the issuance of cultchless American oyster growers licenses to individuals who are not growers of American oysters, which leads to those individuals harvesting oysters grown by others; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 12 MRSA §6863, first ¶, as enacted by PL 1991, c. 876, §2, is amended to read:
A person may not grow or harvest cultchless American oysters in the State unless licensed under this section.
Sec. 2. Department of Marine Resources directed to modify rules for cultchless oyster growers licenses. The Department of Marine Resources shall adopt rules, pursuant to the authority granted to the Commissioner of Marine Resources under the Maine Revised Statutes, Title 12, section 6863, subsection 2, to ensure that only an applicant who has purchased seed at least one year prior to the effective date of the cultchless American oyster growers license is granted the license and shall establish procedures to require that an applicant provide specific details on where and how the seed will be raised. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill clarifies that a person may not grow or harvest cultchless American oysters without a license. This bill also directs the Department of Marine Resources to modify the rules for cultchless American oyster growers licenses to ensure that those who receive licenses purchased seed at least one year prior to the date the license goes into effect and provide a plan for how and where the oysters will be grown.