An Act To Provide for the Assessment of the Mahogany Quahog Resource
Maine Legislature, Session 121, LD 1749
Committee: Marine Resources
Sponsors: BULL, DAMON
Amends: 12 MRSA §6731, 36 MRSA §4718

Legislative Document 
No. 1749 
H.P. 1271 
House of Representatives, December 22,2003 
An Act To Provide for the Assessment of the Mahogany Quahog 
Resource 
(EMERGENCY) 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 17, 2003. Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative BULL of Freeport. 
Cosponsored by Senator DAMON of Hancock. 
Printed on recycled paper 
If/~ 
1/7. 7Iltl£~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the mahogany quahog fishery industry provides an 
important source of income to Maine fishermen; and 
Whereas, the mahogany quahog quota for Maine is determined 
at the federal level and is not based on current scientific 
information; and 
Whereas, a source of funding is needed to accurately assess 
Maine's mahogany quahog resource and ensure the sustainability of 
the Maine fishery; 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 §6731.A, sub·§5, as enacted by PL 1991, c. 
561, §1, is amended to read: 
5. 
Mahogany Quahog Monitoring Fund. 
The 
'±9Hin Mahogany 
Quahog Monitoring Fund is established within the department. 
The 
commissioner shall use any money credited to the '±9Hin Mahogany 
Quahog Monitoring Fund eHelQsively for the collection of samples 
required under this section to monitor the level of paralytic 
shellfish 
toxin 
in 
mahogany 
quahogs 
and 
to 
conduct 
stock 
assessments of the mahogany guahog resource. 
All money in the 
'±9Hin Mahogany Quahog Monitoring Fund is subject to allocation by 
the Legislature. 
The '±9Hin Mahogany Quahog Monitoring Fund may 
not 
lapse but must 
carry forward 
to 
be 
used 
for 
the 
same 
purpose. 
Nothing in this subsection prohibits the commissioner 
from using other funds budgeted by the department to carry out 
the purposes of this section. 
Sec. 2. 36 MRSA §4718, as amended by PL 2003, c. 20, Pt. WW, 
§28, is further amended to read: 
§4718. 
Contributions; Toxin Monitoring Fund 
The State Tax Assessor shall determine annually the total 
amount of tax revenue collected under this chapter. 
The State 
Tax Assessor shall deduct the cost of administering the mahogany 
quahog tax from those revenues and report the remainder to the 
Treasurer of Statp., who shall credit that amount to the '±9Hin 
Mahogany Quahog Monitoring Fund established in Title 12, section 
6731-A, subsection 5, except that not more than $56,000 may be 
credited to the fund in any year. 
Revenues collected that are in 
excess of $56,000 must be credited to the General Fund. 
Sec. 3. Transfers from existing accounts. 
The Department 
Marine 
Resources 
shall 
transfer 
the 
existing 
balance 
encumbrances from the Toxin Monitoring Fund at any time to 
Mahogany Quahog Monitoring Fund in order to fund any of 
activities outlined in the Maine Revised Statutes, Title 
section 6731-A, subsection 5. 
of 
and 
the 
the 
12, 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill changes the name of the Toxin Monitoring Fund to 
the "Mahogany Quahog Monitoring Fund" and expands the allowable 
uses of the fund to include conducting stock assessments of the 
mahogany quahog resource.