An Act To Make Technical Changes to Maine's Marine Resources Laws
Sec. 1. 12 MRSA §6072, sub-§10, ¶A, as repealed and replaced by PL 2003, c. 247, §6, is repealed.
Sec. 2. 12 MRSA §6301, sub-§2, ¶U, as amended by PL 2013, c. 492, §1, is repealed.
Sec. 3. 12 MRSA §6421, sub-§3-A, ¶E, as repealed and replaced by PL 2003, c. 468, §1, is amended to read:
(1) Ten lobster traps in the coastal waters of the State if the person is 8 years of age or older and under 11 years of age;
(2) Fifty lobster traps in the coastal waters of the State if the person is 11 years of age or older and under 14 years of age; or
(3) One hundred and fifty lobster traps in the coastal waters of the State if the person is 14 years of age or older and under 23 years of age.
A person issued a student license is enrolled in the apprentice program under section 6422. When applying for a license the person must designate a sponsor and may designate up to 3 sponsors. For the purposes of this paragraph, "sponsor" means a person who holds a Class I, Class II or Class III lobster and crab fishing license issued under this section.
Sec. 4. 12 MRSA §6439-A, as amended by PL 2001, c. 272, §4, is repealed.
Sec. 5. 12 MRSA §6446, sub-§1-A, as amended by PL 2007, c. 201, §16, is further amended to read:
Sec. 6. 12 MRSA §6447, sub-§5, as amended by PL 2009, c. 499, §2 and affected by §3, is further amended to read:
Sec. 7. 12 MRSA §6448, sub-§3, as enacted by PL 1999, c. 508, §3, is amended to read:
Sec. 8. 12 MRSA §6481, sub-§1, as enacted by PL 2013, c. 342, §1, is amended to read:
Beginning at the northern tip of Long Point, Marshall Island, Hancock County, Maine; then northerly to the navigational buoy at the western entrance to Toothacker Bay, located at the intersection of Loran lines 9960-W-12492.0 and 9960-X-25800.0 68º30.657' W. Longitude, 44º08.063' N. Latitude; then northeasterly to West Point, Swans Island, Hancock County, Maine; then from Phinney Point on the northeastern shore of Swans Island southeasterly to the intersection of Loran lines 9960-W-12445.6 and 9960-X-25780.9, 68º22.40' W. Longitude, 44º08.79' N. Latitude, Hancock County, Maine; then southwesterly to the intersection of Loran lines 9960-W-12468.0 and 9960-X-25773.0, 68º23.6' W. Longitude, 44º06.4' N. Latitude; then south-southwesterly to the intersection of Loran lines 9960-W-12482.2 and 9960-X-25766.4, 68º24.01' W. Longitude, 44º04.8' N. Latitude; then southerly to the intersection of Loran lines 9960-W-12493.5 and 9960-X-25758.4, 68º23.9' W. Longitude, 44º03.1' N. Latitude, and the intersection with the 3-nautical-mile line of the territorial waters, as shown on United States Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, Office of Coast Survey Chart #13312; then southwesterly along the 3-nautical-mile line of the territorial waters approximately 3.5 miles to a point where a line drawn southeasterly 165º True from the center of Black Ledges intersects the 3-nautical-mile line of the territorial waters at Loran lines 9960-W-12524.5 and 9960-X-25765.5, 68º28.6' W. Longitude, 44º01.9' N. Latitude; then northwesterly 345º True to the center of Black Ledges; then northwesterly to the most southerly point of Marshall Island; thence then along the westerly shore of Marshall Island to the point of beginning.
Sec. 9. 12 MRSA §6601, sub-§3, as amended by PL 2005, c. 434, §4, is further amended to read:
Sec. 10. 12 MRSA §6851-A, as amended by PL 2009, c. 213, Pt. G, §37, is repealed.
Sec. 11. 12 MRSA §6856, sub-§1, as amended by PL 2005, c. 508, §2, is further amended to read:
Sec. 12. 12 MRSA §6856, sub-§3-D, ¶A, as enacted by PL 2011, c. 175, §5, is amended to read:
(1) Pollution abatement activities are likely to succeed in shellfish growing areas affected by identified failing residential septic systems and other identified localized sources of human or animal fecal contamination when funding for abatement is available.
(2) Pollution abatement activities are not likely to succeed in shellfish growing areas affected by wastewater treatment plant outfall or other point sources of treated or partially treated sewage unless complete removal of pollution sources has been achieved.
(3) Abatement activities are not likely to succeed in shellfish growing areas affected by chronic nonpoint source contamination from rivers or streams.
At the request of the municipality, the commissioner may allow soft-shelled clam depuration harvesting in a shellfish growing area closed under this paragraph.
summary
This bill makes several technical and clarifying changes to Maine's marine resources laws. The bill:
1. Eliminates the requirement to record a research or aquaculture lease in the county registry of deeds;
2. Clarifies that a student lobster and crab fishing license holder may designate up to 3 sponsors;
3. Deletes the Kittery lobster trawl limit from statute. All other trawl limits are in department rule;
4. Clarifies that a student lobster and crab fishing license holder must declare a lobster management zone and may not fish a majority of the license holder's gear outside the declared zone;
5. Provides that the coordinates for the Swans Island Lobster Conservation Area are presented in latitude and longitude format and not Loran format;
6. Allows nonresidents who hold aquaculture leases or limited-purpose aquaculture licenses to be issued commercial shellfish licenses. Current law restricts commercial shellfish licenses to Maine residents;
7. Eliminates the limited wholesale shellfish harvester's license; and
8. Clarifies the method for closing a municipal flat to depuration harvesting when the municipality is conducting pollution abatement activities.