An Act To Correct Certain Errors and Inconsistencies in Marine Resources Laws
Maine Legislature, Session 121, LD 1758
Committee: Marine Resources
Sponsors: BULL
Amends: 12 MRSA §6030, 12 MRSA §6036, 12 MRSA §6432, 12 MRSA §6434, 12 MRSA §6451, 12 MRSA §6556, 12 MRSA §6621, 12 MRSA §6728-A, 12 MRSA §6804

Legislative Document 
No. 1758 
H.P.1280 
House of Representatives, December 22,2003 
An Act To Correct Certain Errors and Inconsistencies in Marine 
Resources Laws 
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 40l. 
Presented by Representative BULL of Freeport. 
Printed on recycled paper 
!r/~ 
1n.11lQ£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6030, as enacted by PL 1995, c. 507, §l, is 
amended to read: 
§6030. Department of Marine Resources Educationa1 Fund 
1. 
Fund. 
There, is established the 
A~1:.laFi1:.lm--and--ReS9tH'ee 
Geat;eF--a1::---We6-t.--8ee-t.h5a.y--liaFB9F Department of Marine Resources 
Educational Fund, referred to in this section as the "fund." 
The 
department is authorized to set and receive fees to be deposited 
in the fund. 
The 
fund receives all funds 
collected by the 
department from the operation of the Aquarium and Resource Center 
at West Boothbay Harbor and the Burnt Island Living Lighthouse, 
including admission fees, the proceeds of sales at the Aquarium 
and Resource Center at West Boothbay Harbor and the Burnt Island 
Living Lighthouse and donations, grants or other funds presented 
to the department for the benefit of the Aquarium and Resource 
Center at West 
Boothbay Harbor 
and the 
Burnt Island Living 
Lighthouse 
and 
it;s ~ 
educational 
programs. 
All 
money 
deposited in the fund and the earnings on the money remain in the 
fund 
to be 
used for 
the 
management 
and maintenance of 
the 
Aquarium and Resource Center at West Boothbay Harbor and the 
Burnt 
Island Living Lighthouse 
and 
it;s 
their 
programs 
that 
educate the State's children, teachers and visitors about the 
State's marine resources. 
Unexpended balances in the fund at the 
end of the fiscal year do not lapse but must be carried forward 
to the next fiscal year to be used for the same purpose. 
2. 
Annua1 
report. 
By 
February 1st of 
each year L 
the 
commissioner shall submit an annual report to the joint standing 
committee of the Legislature having jurisdiction over fisheries 
matters 
and the 
joint standing committee of the Legislature 
having jurisdiction over appropriations and financial affairs. 
The report must detail the amount of money collected in the fund 
over the course of the prior year and the ~xpense of managing and 
maintaining the Aquarium and Resource Center at West Boothbay 
Harbor 
and the Burnt Island Living Lighthouse 
and it;s their 
programs. 
The commissioner shall make recommendations concerning 
how the fund may be increased or expenses reduced or both so that 
the Aquarium and Resource Center at West Boothbay Harbor and the 
Burnt Island Living Lighthouse 
and 
i1:s their programs become 
increasingly financially self-sustaining. 
Sec.2. 12 MRSA §6036 is enacted to read: 
§6036. 
Marine Fisheries Research and Development Fund 
1. 
Fund established. 
The Marine Fisheries Research and 
Development Fund, referred to in this section as the "fund," is 
Page l-LR2616(1) 
established 
as 
a 
dedicated, 
nonlapsing 
fund 
within 
the 
department. 
Unexpended balances in the fund at the end of the 
fiscal year may not lapse and must be carried forward to the next 
fiscal year and used for the purposes of this section. 
2. 
Sources and uses of fund. 
Revenues 
from the total 
gasoline tax 
revenues credited to the 
fund 
under Title 
36, 
section 2903 D may be used for research, development, propagation 
and management activities of the department. 
The commissioner 
may select activities and projects that will be most beneficial 
to 
the 
commercial 
fisheries 
of 
the 
State 
as 
well 
as 
the 
development of sport fisheries in the State. 
In addition to the 
revenues derived from the total gasoline tax revenues, the fund 
may 
receive money 
from 
any source for the purposes of this 
subsection. 
3. 
Allocations from fund. 
Expenditures from the fund are 
subject 
to 
legislative 
approval 
in 
the 
same 
manner 
as 
appropriations 
from 
the 
General 
Fund. 
The 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
appropriations must approve the allocations. 
Sec.3. 12 MRS A §6410 is enacted to read: 
§6410. 
Su~pension of license for failure to comply with court 
order of sqpport 
If a license or registration is suspended pursuant to Title 
19-A, section 2201, the suspension remains in effect until the 
person is in compliance with a 
court order of support. 
On 
condition 
of 
payment 
of 
a 
$25 
reinstatement 
fee 
to 
the 
department, 
the 
suspension 
is 
rescinded 
and 
the 
license 
reinstated. 
Sec. 4. 12 MRSA §6432, sub-§I, as enacted by PL 1977, c. 661, 
§5, is amended to read: 
1. 
Conventional traps. ±~-sRall-be-QBlaw~Ql-~e A person may 
not 
fish 
for 
or 
take 
lobster 
by 
any 
method 
other 
than 
conventional lobster traps, 
as defined in rule, 
or 
from 
any 
platform other than a vessel. 
A vessel does not include a dock. 
Sec. 5. 12 MRSA §6434, as amended by PL 1993, c. 543, §2, is 
further amended to read: 
§6434. Molesting lobster gear 
Ne-pe~seB A person may not raise, lift, transfer, possess or 
in any manner molest any lobster trap, warp, buoy or car except 
as provided in this section. 
1. 
Permitted activities. 
Lobster traps, warps, buoys and 
cars may be raised, lifted, transferred, possessed or otherwise 
molested by the following: 
A. 
A marine patrol officer; 
B. 
The licensed owner; 
c. 
Any person having written permission from the 
;!,~eeR6ea 
eWRe~ commissioner; 
D. 
Any person authorized by rule pursuant to subsection 2. 
2. 
Adoption of rules required. 
The 
commissioner 
shall 
p~em\i;!,~at;e 
adopt 
rules, 
no 
later 
than 
January 
1, 
1990, 
authorizing the removal of traps, warps, buoys or cars that are 
washed up above the mean low tide mark or are otherwise abandoned 
or lost. 
3. 
Prohibition. 
Traps, warps, 
buoys or cars may not be 
used for fishing by any person other than the licensed owner 
unless 
with 
written 
permission 
from 
the 
;!,~eeR6ea---ewRe~ 
commissioner. 
4. 
Additional pe:nalty. 
If the holder of a lobster and crab 
fishing license 
violat~es this section by cutting a lobster trap 
line, the court shall: 
A. 
Order that person to pay to the owner of the trap line 
that was cut an amount equal to twice the replacement value 
of all traps lost as a result of that cutting; and 
B. 
Direct that person to provide proof of payment of that 
restitution 
to 
the 
bemm~66~eRe~--~~--~~~--Re6e\i~ee6 
commissioner as rE~quired by section 6402, subsection 1. 
A penalty imposed under this subsection is in addition to any 
penalty imposed under section 6204. 
Sec. 6. 12 MRSA §6451, sub-§I, as amended by PL 2003, c. 20, 
Pt. WW, §5, is further amended to read: 
1. 
Allocation of license fees. 
Ten dollars of each $113.75 
fee, $10 of each $114 ~ 
$20 of each $228.50 fee, $30 of each 
$341. 25 fee and $5 of each $56 fee for each lobster and crab 
fishing license must be allocated to the Lobster Fund, which 
must be used for the purposes of lobster biology research, of 
propagation of lobsters by liberating seed lobsters and female 
lobsters 
in 
Maine 
coastal 
waters 
and 
of 
establishing 
and 
supporting lobster hatcheries. 
Sec. 7. 12 MRSA §6556, as amended by PL 2001, c. 272, §10, is 
further amended to read: 
§6556. 
Striped bass; limits; personal use 
I~-is-~R~aw~~~-Ee~-aRY A person ~e may not fish for e~L take 
or possess striped bass, except for personal use. 
Sec. 8. 12 MRSA §6621, sub-§3, 1[B, as amended by PL 1995, c. 
323, §1, is repealed. 
Sec. 9. 12 MRSA §6728-A, as reallocated by RR 2003, c. 1, §7, 
is reallocated to §672l-A. 
Sec. 10. 12 MRSA §6804, sub-§4, as repealed by 2003, c. 170, 
§2 and amended by c. 248, §10, is repealed. 
Sec. 11. Transfers from Aquarium and Resource Center at West 
Boothbay Harbor Fund. 
The Department of Marine Resources may 
transfer the existing balance and encumbrances from the Aquarium 
and Resource Center at West Boothbay Harbor Fund, at any time 
prior to its lapsing, 
to the Department of Marine 
Resources 
Educational Fund, in order to fund any of the activities outlined 
in the Maine Revised Statutes, Title 12, section 6030. 
Sec. 12. Transfers from gas tax fund. 
The Department of Marine 
Resources may transfer the existing balance and encumbrances from 
the 
gas 
tax 
fund 
that 
was 
authorized by 
the 
Maine 
Revised 
Statutes, Title 36, section 2903-A, and was repealed by Public 
Law 2001, chapter 693, at any time prior to its lapsing, to the 
Marine Fisheries Research and Development Fund, in order to fund 
any of the activities outlined in Title 12, section 6036. 
SUMMARY 
This bill does the following. 
1. 
It Changes the name of the Aquarium and Resource Center 
at 
West 
Boothbay 
Harbor 
Fund 
to 
the 
Department 
of 
Marine 
Resources Educational Fund. 
2. 
It creates the Marine Fisheries Research and Development 
Fund. 
3. 
It creates a reinstatement fee of $25 in order for the 
Department of Marine Resources to rescind a license suspension 
that is the result of failing to comply with a court order of 
support. 
4. 
It clarifies that it is unlawful to fish for or take 
lobster from any platform other than a vessel. 
5. 
It states that lobster traps, warps, buoys or cars may 
not be used for fishing by any person other than the licensed 
owner unless with written permission from the Commissioner of 
Marine Resources. 
6. 
It corrects the inadvertent omission of the allocation 
of one type of lobster license fee. 
7. 
It clarifies that it is 
unlawful 
for 
a 
person 
to 
possess, as well as to fish for or take, striped bass except for 
personal use. 
8. 
It strikes an exemption on the prohibition of washing or 
holding shellfish in closed areas. 
9. 
It reallocates section 6728-A to section 6721-A. 
10. 
It strikes language that was repealed during the First 
Regular Session of the 121st Legislature, but was inadvertently 
restored in a subsequent bill. 
11. 
The bill also allows the transfer of funds 
from the 
Aquarium and Resource Center at West Boothbay Harbor Fund to the 
Department of Marine Resources Educational Fund and allows the 
transfer of funds from the gas tax fund to the newly created 
Marine Fisheries Research and Development Fund.