PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 505
S.P. 681 - L.D. 1764

An Act To Amend the Statutes Governing the Commercial Fishing Safety Council

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

     Sec. 1. 12 MRSA §6034, sub-§1, as amended by PL 2003, c. 510, Pt. C, §3, is further amended to read:

     1. Appointment; composition. The Commercial Fishing Safety Council, referred to in this section as "the council" and established by Title 5, section 12004-I, subsection 57-E, consists of 17 members, 15 of whom are appointed by the Governor commissioner as follows:

A. One member who is a license holder under this Part and a member of the Lobster Advisory Council, recommended by the chair of the Lobster Advisory Council;
B. One member who is a license holder under this Part and a member of the Marine Resources Advisory Council, recommended by the chair of the Marine Resources Advisory Council;
C. One member who is a license holder under this Part and a member of the Sea Urchin Zone Council, recommended by the chair of the Sea Urchin Zone Council;
D. Five members who are license holders under this Part and who each represent a different commercial marine harvesting activity than the other members of the council, recommended by commercial marine harvesting and aquaculture interests activities;
E. An educator experienced in community-based adult education and volunteer safety training;
F. An expert in fishing industry risk analysis and occupational health;
G. An expert in marine safety equipment;
H. A representative of the marine insurance industry;
I. A marine surveyor;
J. A spouse or domestic partner of a license holder under this Part; and
K. A member of the public.

The chair of the Marine Resources Advisory Council and the chair of the Marine Recreational Fishing Advisory Council are ex officio members of the council. The composition of the council must reflect a geographic distribution along the coast of the State. The council may invite to carry out the duties of the council other participants on an ad hoc basis, including representatives of private or governmental organizations or individuals with expertise or interest in marine, education, labor or health matters.

     Sec. 2. 12 MRSA §6034, sub-§7, as enacted by PL 2003, c. 90, §2, is amended to read:

     7. Duties. The council shall carry out duties specifically delegated to the council by law or by the commissioner and give the commissioner information and advice concerning fishing safety issues, including:

A. Minimum safety equipment, training and operational standards;
B. Community-based education programs that provide practical safety training and fisheries-specific safety training;
C. An outreach program to promote the culture of safety; and
D. Opportunities to minimize the costs and seek alternative funding sources, fees, incentives, grants or partnerships to minimize the financial impact of safety requirements; and.
E. The commercial safety fishing plan that the commissioner submits to the council pursuant to section 6035 and report to the Legislature concerning that plan pursuant to subsection 8.

     Sec. 3. 12 MRSA §6034, sub-§8, as enacted by PL 2003, c. 90, §2, is repealed.

     Sec. 4. 12 MRSA §6035, as enacted by PL 2003, c. 90, §2, is amended to read:

§6035. Commercial fishing safety plan

     No later than November 15th October 1st of each year, the commissioner Commercial Fishing Safety Council shall submit a commercial safety fishing safety plan to the Commercial Fishing Safety Council commissioner that includes, but is not limited to, the department's council's fishing safety initiatives, the progress in implementing those fishing safety initiatives, any revisions to those initiatives or their implementation and any new initiatives for the Commercial Fishing Safety Council department to consider.

     Sec. 5. 12 MRSA §6176 is enacted to read:

§6176. Commercial fishing safety

     The commissioner may adopt commercial fishing safety rules recommended by the Commercial Fishing Safety Council. Rules authorized by this section must be adopted and amended in accordance with the procedures outlined in subchapter 2 and are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

     Sec. 6. Report. The Commissioner of Marine Resources and the Commercial Fishing Safety Council shall jointly report to the joint standing committee of the Legislature having jurisdiction over marine resources matters by January 2, 2007 regarding any rule-making activity conducted pursuant to the Maine Revised Statutes, Title 12, section 6176.

Effective August 23, 2006.

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