Resolve, of Marine Resources To Review the Issuance of a Nonresident Lobster
Maine Legislature, Session 121, LD 1955
Senate Amendment SA_A_S494 (Senate)

SENATE 
AMENDMENT "A" 
Directing the Commissioner 
Issues Associated with the 
License" 
to H.P. 
1455, L.D. 1955, "Resolve, 
of Marine 
Resources To 
Review the 
Issuance of a 
Nonresident Lobster 
Amend the resolve by striking out the title and substituting 
the following: 
'Resolve, 
Directinq 
Review the Licensinq 
Marine Resources' 
the 
Commissioner 
Requirements for 
of Marine 
Resources 
To 
the Harvest of Certain 
Further amend the resolve by striking out everything after 
the title and before the summary and inserting in its place the 
following: 
I Preamble. 
Whereas, the Legislature finds that state laws 
pertaining to marine resources, including but not limited to the 
commercial utilization of lobster, scallop, sea urchins, finfish, 
marine 
worms 
and 
shellfish, 
were 
duly 
enacted 
and 
are 
constitutionally valid; and 
Whereas, it is essential for the long-term viability and 
heal th of Maine I s mar ine resources that all of Maine I s 
mar ine 
resources-related laws continue to be vigorously enforced; and 
Whereas, state laws pertaining to marine 
resources must 
function in accordance with numerous federal laws and within the 
framework established by the United States Constitution and the 
Constitution 
of 
Maine 
to 
provide 
legal 
stability 
for 
the 
long-term management of these resources; and 
SENATE AMENDMENT 
~;. 
t,,\~.:t 
SENATE >'UENDMENT "A" t 
H P 
1455 
~~ 
•• 
, L.D. 19 5 
Whereas, the periodic review 
related 
laws 
is 
necessary 
to 
effectiveness of those laws; and 
of Maine's marine resources-
improve 
the 
operation 
and 
Whereas, the Department of Marine 
Resources 
is uniquely 
situated to identify opportunities that will ensure the long-term 
conservation 
of 
Maine's 
outstanding 
marine 
resources; 
now, 
therefore, be it 
Sec. 1. 
Review of certain licenses. 
Resolved: 
That 
the 
Commissioner 
of 
Marine 
Resources 
shall 
review 
the 
State's 
licensing requirements for the commercial harvest of lobster, 
scallop, sea urchin, shrimp, shellfish, marine worm and seaweed 
resources to identify any opportunities to improve the operation 
and effectiveness of those laws in the context of federal law, 
the United States Constitution and the Constitution of Maine. 
In 
conducting the review, the commissioner shall consult with the 
Office of the Attorney General and may solicit input from other 
federal, state or municipal entities and interested parties; and 
be it further 
Sec. 2. Recommendations; report. Resolved: 
That no later than 
January 3, 2005 the Commissioner of Marine Resources shall submit 
the commissioner's report and recommendations, together with any 
necessary 
implementing 
legislation, 
to 
the 
joint 
standing 
committee of the Legislature having jurisdiction 9ver marine 
resources matters. 
The commissioner is authorized to introduce a 
bill related to the report to the First Regular Session of the 
122nd Legislature.' 
SUMMARY 
This amendment replaces the resolve and changes the title 
and requires the Commissioner of Marine Resources to review the 
licensing 
requirements 
for 
the 
harvest 
of 
certain 
marine 
resources 
and 
to 
submit 
the 
commissioner's 
report 
and 
any 
recommendations 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over marine resources matters no 
later than January 3, 2005. 
The amendment also authorizes the 
commissioner to submit a bill related to the report to the First 
Regular Session of the l22nd Legislature. 
SPONSORED BY: 
(Senator DAMON) 
COUNTY: 
Hancock 
SENATE 
AMENDMENT