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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 60
S.P. 458 - L.D. 1388

An Act To Expand the Mission of the Marine Patrol

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, since September 11, 2001, there has been a recognized need for increased homeland security, including improved protection of the nation's coasts; and

     Whereas, it is in the best interest of the State to protect its ports, the flow of commerce and the marine transportation system from terrorism; and

     Whereas, Maine's Marine Patrol is the only maritime resource available to assist the United States Coast Guard in providing safety and security services; 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,

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

     Sec. 1. 12 MRSA §6029-A is enacted to read:

§6029-A. Safety and security services

     1. Enforcement of federal safety and security zones. At the request of and as expressly provided by the United States Coast Guard in accordance with federal law, marine patrol officers may assist the United States Coast Guard in the enforcement of safety and security zones established by the United States Coast Guard Captain of the Port for Maine. Marine patrol officers may take all action necessary to assist the United States Coast Guard in enforcing security and safety zones to the extent authorized by the United States Coast Guard.

     2. Memorandum of agreement. Prior to engaging in the activities authorized under this section, the Bureau of Marine Patrol must enter into a memorandum of agreement with the United States Coast Guard that establishes the appropriate procedures and protocols for enforcement activities authorized under this section. Any funds received from the Federal Government for reimbursement to the State for activities authorized under this section must be deposited in the watercraft fund pursuant to section 7910, subsection 9, paragraph D.

     Sec. 2. 12 MRSA §6052, sub-§3, as enacted by PL 1977, c. 661, §5, is amended to read:

     3. Marketing. Serve as the primary state agency providing promotional and marketing assistance to the commercial fishing industries, including assisting in marketing seafood, stimulating of consumer interest in and consumption of seafood, increasing the sales of seafood domestically and abroad, supporting and expanding existing markets and developing new markets for traditional and underutilized species; and

     Sec. 3. 12 MRSA §6052, sub-§4, ¶D, as enacted by PL 1991, c. 285, §3, is amended to read:

     Sec. 4. 12 MRSA §6052, sub-§5 is enacted to read:

     5. Safety and security services. Provide safety and security services in the coastal waters of the State. The department shall coordinate with other local, state and federal agencies when the department provides such safety and security services.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective April 18, 2003.

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