CHAPTER 170
S.P. 457 - L.D. 1387
An Act Concerning the Renewal of Commercial Harvester and Dealer Licenses
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6173, as amended by PL 1985, c. 268, §2, is repealed and the following enacted in its place:
§6173. Confidentiality of statistics
1. Collection and reporting of statistics. The commissioner may, with the advice and consent of the advisory council, adopt rules to collect pertinent data with respect to the fisheries, including, but not limited to, information regarding the type and quantity of fishing gear used, catch by species in numbers of fish or weight, areas in which fishing was conducted, time of fishing, number of hauls and the estimated processing capacity of, and the actual processing capacity utilized by United States fish processors. The commissioner may collect statistics from any source and may require reporting of these statistics. The information collected by or reported to the commissioner is confidential and may not be disclosed in a manner or form that permits identification of any person or vessel, except when required by court order or when specifically permitted under this section. The commissioner may share data collected under this section with the National Marine Fisheries Service or successor organization for research or fisheries management purposes, provided that federal laws and regulations protect the confidentiality of the shared data. The commissioner shall adopt rules to carry out the purposes of this section. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
2. Renewal of licenses. If a holder of a license issued under this Part fails to provide information required under this section, the commissioner may refuse to renew that holder's license until the holder complies with the requirements of this section.
Sec. 2. 12 MRSA §6804, sub-§4, as enacted by PL 1999, c. 491, §5 and affected by §9, is repealed.
Sec. 3. 12 MRSA §6808, sub-§3, as enacted by PL 2001, c. 186, §1, is repealed.
Sec. 4. 12 MRSA §6851, sub-§2-D, as enacted by PL 1999, c. 491, §6 and affected by §9, is amended to read:
2-D. Wholesale seafood license with shrimp permit. At the request of the applicant, the commissioner shall issue a wholesale seafood license with a shrimp permit. A person holding a wholesale seafood license with a shrimp permit may engage in all of the activities in subsection 2 and may buy, sell, ship or transport shrimp.
The commissioner shall adopt rules regarding data that the holder of a wholesale seafood license with a shrimp permit must submit to the department. The commissioner may deny an application for the renewal of a wholesale seafood license with a shrimp permit if the license holder fails to report the information required pursuant to this subsection.
Sec. 5. 12 MRSA §6864, sub-§6, as enacted by PL 1999, c. 7, §15, is repealed.
Effective September 13, 2003, unless otherwise indicated.
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