CHAPTER 520
H.P. 1280 - L.D. 1758
An Act To Correct Certain Errors and Inconsistencies in Marine Resources Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6030, as enacted by PL 1995, c. 507, §1, is amended to read:
§6030. Department of Marine Resources Educational Fund
1. Fund. There is established the Aquarium and Resource Center at West Boothbay Harbor Department of Marine Resources Educational Fund, referred to in this section as the "fund." The department is authorized to set and receive fees to be deposited in the fund. The fund receives all funds collected by the department from the operation of the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse, including admission fees, the proceeds of sales at the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and donations, grants or other funds presented to the department for the benefit of the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and its their educational programs. All money deposited in the fund and the earnings on the money remain in the fund to be used for the management and maintenance of the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and its their programs that educate the State's children, teachers and visitors about the State's marine resources. 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 same purpose.
2. Annual report. By February 1st of each year, the commissioner shall submit an annual report to the joint standing committee of the Legislature having jurisdiction over fisheries matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. The report must detail the amount of money collected in the fund over the course of the prior year and the expense of managing and maintaining the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and its their programs. The commissioner shall make recommendations concerning how the fund may be increased or expenses reduced or both so that the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and its their programs become increasingly financially self-sustaining.
Sec. 2. 12 MRSA §6036 is enacted to read:
§6036. Marine Fisheries Research and Development Fund
1. Fund established. The Marine Fisheries Research and Development Fund, referred to in this section as the "fund," is established as a dedicated, nonlapsing fund within the department. Unexpended balances in the fund at the end of the fiscal year may not lapse and must be carried forward to the next fiscal year and used for the purposes of this section.
2. Sources and uses of fund. Revenues from the total gasoline tax revenues credited to the fund under Title 36, section 2903-D may be used for research, development, propagation and management activities of the department. The commissioner may select activities and projects that will be most beneficial to the commercial fisheries of the State as well as the development of sport fisheries in the State. In addition to the revenues derived from the total gasoline tax revenues, the fund may receive money from any source for the purposes of this subsection.
3. Allocations from fund. Expenditures from the fund are subject to legislative approval in the same manner as appropriations from the General Fund. The joint standing committee of the Legislature having jurisdiction over appropriations must approve the allocations.
Sec. 3. 12 MRSA §6410 is enacted to read:
§6410. Suspension of license for failure to comply with court order of support
If a license or registration is suspended pursuant to Title 19-A, section 2201, the suspension remains in effect until the person is in compliance with a court order of support. On condition of payment of a $25 reinstatement fee to the department, the suspension is rescinded and the license reinstated.
Sec. 4. 12 MRSA §6432, sub-§1, as enacted by PL 1977, c. 661, §5, is amended to read:
1. Conventional traps. It shall be unlawful to A person may not fish for or take lobster by any method other than conventional lobster traps, as defined in rule, or from any platform other than a vessel. A vessel does not include a dock.
Sec. 5. 12 MRSA §6434, as amended by PL 1993, c. 543, §2, is further amended to read:
No person A person may not raise, lift, transfer, possess or in any manner molest any lobster trap, warp, buoy or car except as provided in this section.
1. Permitted activities. Lobster traps, warps, buoys and cars may be raised, lifted, transferred, possessed or otherwise molested by the following:
A. A marine patrol officer;
B. The licensed owner;
C. Any person having written permission from the licensed owner commissioner;
D. Any person authorized by rule pursuant to subsection 2.
2. Adoption of rules required. The commissioner shall promulgate adopt rules, no later than January 1, 1990, authorizing the removal of traps, warps, buoys or cars that are washed up above the mean low tide mark or are otherwise abandoned or lost.
3. Prohibition. Traps, warps, buoys or cars may not be used for fishing by any person other than the licensed owner unless with written permission from the licensed owner commissioner.
4. Additional penalty. If the holder of a lobster and crab fishing license violates this section by cutting a lobster trap line, the court shall:
A. Order that person to pay to the owner of the trap line that was cut an amount equal to twice the replacement value of all traps lost as a result of that cutting; and
B. Direct that person to provide proof of payment of that restitution to the Commissioner of Marine Resources commissioner as required by section 6402, subsection 1.
A penalty imposed under this subsection is in addition to any penalty imposed under section 6204.
Sec. 6. 12 MRSA §6451, sub-§1, as amended by PL 2003, c. 20, Pt. WW, §5, is further amended to read:
1. Allocation of license fees. Ten dollars of each $113.75 fee, $10 of each $114 fee, $20 of each $228.50 fee, $30 of each $341.25 fee and $5 of each $56 fee for each lobster and crab fishing license must be allocated to the Lobster Fund, which must be used for the purposes of lobster biology research, of propagation of lobsters by liberating seed lobsters and female lobsters in Maine coastal waters and of establishing and supporting lobster hatcheries.
Sec. 7. 12 MRSA §6621, sub-§3, ¶B, as amended by PL 1995, c. 323, §1, is repealed.
Sec. 8. 12 MRSA §6728-A, as reallocated by RR 2003, c. 1, §7, is reallocated to §6721-A.
Sec. 9. 12 MRSA §6743, sub-§3, as enacted by PL 1981, c. 297, §4, is amended to read:
3. Exception. This section shall does not apply to the taking of quahogs under the authority of section 6856 or to quahogs kept or washed in waters sterilized with a system which has been approved in writing by the commissioner, provided that the waters are also approved for that use.
Sec. 10. 12 MRSA §6747, sub-§3, as enacted by PL 1987, c. 328, §3, is amended to read:
3. Exception. This section shall does not apply to:
A. The taking of mussels under the authority of section 6856; or.
B. Mussels kept or washed in waters sterilized with a system that has been approved in writing by the commissioner, provided that the waters are also approved for that use.
Sec. 11. 12 MRSA §6804, sub-§4, as repealed by PL 2003, c. 170, §2 and amended by c. 248, §10, is repealed.
Sec. 12. Transfers from Aquarium and Resource Center at West Boothbay Harbor Fund. The Department of Marine Resources may transfer the existing balance and encumbrances from the Aquarium and Resource Center at West Boothbay Harbor Fund, at any time prior to its lapsing, to the Department of Marine Resources Educational Fund, in order to fund any of the activities outlined in the Maine Revised Statutes, Title 12, section 6030.
Sec. 13. Transfers from gas tax fund. The Department of Marine Resources may transfer the existing balance and encumbrances from the gas tax fund that was authorized by the Maine Revised Statutes, Title 36, section 2903-A, and was repealed by Public Law 2001, chapter 693, at any time prior to its lapsing, to the Marine Fisheries Research and Development Fund, in order to fund any of the activities outlined in Title 12, section 6036.
Sec. 14. Appropriations and allocations. The following appropriations and allocations are made.
MARINE RESOURCES, DEPARTMENT OF
Bureau of Resource Management 0027
Initiative: Provides a base allocation for the Marine Fisheries and Research Development Fund.
Other Special Revenue Funds 2003-04 2004-05
All Other $0 $500
__________ __________
Other Special Revenue
Funds Total $0 $500
Effective July 30, 2004, unless otherwise indicated.
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