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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 466
H.P. 520 - L.D. 703

An Act To Change the Options for a Lobster Management Zone and To Change Entry Criteria for Noncommercial Licensees

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 12 MRSA §6421, sub-§3-A, ¶F, as enacted by PL 1995, c. 568, §1, is amended to read:

     Sec. 2. 12 MRSA §6446, sub-§1-A, as enacted by PL 1999, c. 508, §1, is amended to read:

     1-A. Declared lobster zone. A person shall declare on an application for a Class I, Class II or, Class III or noncommercial lobster and crab fishing license the lobster management zone in which that person proposes to fish a majority of that person's lobster traps. A license must identify the zone in which the person is authorized to fish a majority of that person's lobster traps.

     Sec. 3. 12 MRSA §6446, sub-§2-B is enacted to read:

     2-B. Rules pursuant to section 6447, subsection 5-B. The commissioner may adopt rules for a zone established under subsection 1 that are proposed pursuant to section 6447, subsection 5-B only when the rules were proposed by the lobster management policy council established for that zone pursuant to section 6447, subsection 1 and the proposed rules were approved in a referendum pursuant to section 6447, subsection 6. The commissioner may accept the rules proposed by a lobster management policy council as reasonable and adopt those rules or reject the council's proposed rules as unreasonable. The rules adopted under this subsection by the commissioner must accurately reflect the intent of the rules proposed by a lobster management policy council but are not required to be a verbatim rendition of the proposed rules.

This subsection is repealed June 1, 2006.

     Sec. 4. 12 MRSA §6447, sub-§5-B is enacted to read:

     5-B. Zone E council authority. Notwithstanding any other provision in this subchapter, upon approval in a referendum under subsection 6, a lobster management policy council for Zone E as defined in rules adopted by the department may propose to the commissioner rules for Zone E that do any or all of the following:

This subsection is repealed June 1, 2006.

     Sec. 5. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 12, section 6421, subsection 3-A, paragraph F and section 6446, subsection 1-A take effect January 1, 2004.

Effective September 13, 2003, unless otherwise indicated.

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