CHAPTER 202
S.P. 303 - L.D. 895
An Act To Expand the Authority of Maine's Lobster Management Policy Councils
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6446, sub-§2, as repealed and replaced by PL 1995, c. 568, §4, is amended to read:
2. Rules for zones. The commissioner may adopt rules for a zone established under subsection 1 that place limits on lobster and crab fishing license holders who fish in that zone regarding the number of lobster traps fished and the time periods allowed for complying with that number, the number of lobster traps allowed on a trawl and the time of day when lobster fishing may occur are proposed pursuant to section 6447, subsection 5 or section 6447, subsection 5-C 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.
Sec. 2. 12 MRSA §6446, sub-§2-B, as enacted by PL 2003, c. 466, §3, is repealed.
Sec. 3. 12 MRSA §6447, sub-§5-B, as enacted by PL 2003, c. 466, §4, is repealed.
Sec. 4. 12 MRSA §6447, sub-§5-C is enacted to read:
5-C. Apprentice program rules. Notwithstanding any other provision of this subchapter, upon approval in a referendum under subsection 6, a lobster management policy council may propose to the commissioner rules for a zone that do any of the following:
A. Increase the minimum length of time an apprentice must be enrolled in the apprentice program beyond the period established in section 6422, subsection 2. The minimum enrollment period may not exceed 5 years.
B. Require a sponsor of an apprentice to have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years; and
C. Require a person to complete all requirements of the apprentice program in a specific zone in order to enter that zone as a Class I, Class II or Class III lobster and crab fishing license holder. A rule proposed under this paragraph and adopted under section 6446, subsection 2 may not be applied to those portions of the apprentice program requirements a person has completed prior to the effective date of the rule.
A rule proposed under paragraph A or B and adopted by the commissioner under section 6446, subsection 2 does not apply to persons who are enrolled in the apprentice program on the date the rule takes effect.
Sec. 5. Retroactivity. That portion of this Act that enacts the Maine Revised Statutes, Title 12, section 6447, subsection 5-C applies retroactively to January 1, 2005.
Effective September 17, 2005.
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