An Act To Amend Certain Provisions of the Fish and Wildlife Laws
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain changes to the laws governing inland fisheries and wildlife and snowmobiles need to be made before the current winter season is over; 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 §10155, sub-§1, as amended by PL 2011, c. 253, §3, is further amended to read:
Sec. 2. 12 MRSA §10801, sub-§6, ¶A, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.
Sec. 3. 12 MRSA §11152, sub-§3, ¶A, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.
Sec. 4. 12 MRSA §11152, sub-§7, as enacted by PL 2005, c. 142, §2, is amended to read:
Sec. 5. 12 MRSA §12503, sub-§4, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §249 and affected by Pt. B, §422, is further amended to read:
(1) May not allow fishing to go on for more than 3 days;
(2) May not allow any fishing activity that is not conducted as part of an educational program; and
(3) Shall provide direct supervision.
(1) A permit holder who violates paragraph B commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates paragraph B after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Each day a person violates paragraph B is a separate offense.
Sec. 6. 12 MRSA §12763, sub-§3, as amended by PL 2007, c. 651, §13, is further amended to read:
(2) Both ends of the net are marked with buoys that are clearly visible from a distance of 300 feet and that identify the department; and
(3) The results of each netting are forwarded on a weekly basis to the office of the commissioner. The records of the results must be available for public inspection at the office of the commissioner.
A person under contract with the department may not use a gill net under this section unless the use is at the direction of and under the supervision of the commissioner or the commissioner's designee.
(1) A person who violates paragraph A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates paragraph A after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. 7. 12 MRSA §13051, sub-§2, ¶C, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
(1) The commissioner shall charge interest on the amount owed at the rate of 18% a year for each day the agent is delinquent.
(2) If the agent has not paid the amount owed by the 60th day after the agent becomes delinquent, the commissioner shall assess a surcharge of 5% of the principal amount owed.
(3) If an agent is delinquent for more than 150 days or is delinquent 3 or more times in one year, the commissioner shall:
(a) Terminate the agency for the balance of the year; and
(b) Order that the agency not be renewed for the next year;
Sec. 8. 12 MRSA §13060, as repealed and replaced by PL 2009, c. 340, §19, is repealed.
Sec. 9. 12 MRSA §13060-A is enacted to read:
§ 13060-A. Temporary registration certificate
Sec. 10. 12 MRSA §13105, sub-§1, ¶C, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
(1) The commissioner shall charge interest on the amount owed at the rate of 18% a year for each day the agent is delinquent.
(2) If the agent has not paid the amount owed by the 60th day after the agent becomes delinquent, the commissioner shall assess a surcharge of 5% of the principal amount owed.
(3) If an agent is delinquent for more than 150 days or is delinquent 3 or more times in one year, the commissioner shall:
(a) Terminate the agency for the balance of the year; and
(b) Order that the agency not be renewed for the next year.
Sec. 11. 12 MRSA §13106-A, sub-§5, ¶A, as enacted by PL 2003, c. 655, Pt. B, §394 and affected by §422, is amended to read:
Sec. 12. 12 MRSA §13156, sub-§2, ¶A, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.