An Act To Manage the Sea Urchin Fishery LR 1907(02)
Maine Legislature, Session 121, LD 1451
Committee Amendment CA_A_S99 (Senate)
Amends: 12 MRSA §6749-A

COMMITTEE AMENDMENT ,A" to S.P. 483, L.D. 1451, Bill, "An 
Act To Manage the Sea Urchin Fishery" 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the sea urchin population along the coast of Maine 
has dramatically declined over the last decade and increased 
conservation efforts are needed to maintain a viable sea urchin 
fishery; and 
Whereas, the sea urchin fishing season will begin on August 
31st and this legislation will affect that fishing season; 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,' 
Further amend the bill by striking out all of section 2 and 
inserting in its place the following: 
Page l-LRI907(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .t{ II to S.P. 483, L.D. 1451 
. Sec. 2. 12 MRSA §6749-A, as amended by PL 2001, c. 327, §9, 
is repealed and the following enacted in its place: 
§6749-A. 
Minimum size 
1. 
Zone 
prohibition. 
Except 
as 
provided 
in 
this 
subsection, a person may not take, possess, ship, transport, buy 
or sell a sea urChin having shell measurements less than the 
minimum size established by rule for Zone 1. 
A. 
A person holding a dragging license may take a 
sea 
urchin that measures less than the minimum size established 
by rule for 
Zone 
if that sea urchin is harvested by 
dragging and is immediately culled on board and liberated 
alive into the marine waters. 
B. 
A person who holds a hand-fishing license may take a sea 
urchin that measures less than the minimum size established 
by rule for Zone 1 as provided by the commissioner. 
2. Zone 2 prohibition. 
A person may not take, possess, 
ship, 
transport. 
buy 
or 
sell 
a 
sea 
urchin 
having 
shell 
measurements less than the minimum size established by rule for 
Zone 2. 
A person may take a sea urchin that measures less than 
the minimum size established by rule for Zone 2 if that sea 
urchin is culled on board immediately after harvesting and is 
liberated alive into the marine waters. 
3. Rules. 
The commissioner may adopt rules to carry out the 
purposes of this section and to provide for increases in the 
minimum shell size of sea urchins after consultation with the Sea 
Urchin Zone Council. 
Rules adopted pursuant to this section are 
routine technical rules as defined in Title 5, 
chapter 375, 
subchapter 2-A. 
4. Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates this section commits a Class D 
crime for which a fine of not less than $500 may be adjudged. 
B. 
A 
person 
who 
violates 
this 
section 
after 
having 
previously violated this section commits a Class D crime for 
which a fine of not less than $1,000 may be adjudged. 
Fines imposed under this subsection may not be suspended.' 
Further amend the bill by inserting after section 4 
the 
following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 483, L.D. 1451 
'Sec. 5. Report. 
The Department of Marine Resources shall 
report to the joint standing committee of the Legislature having 
jurisdiction over marine resources matters on the implementation 
of this Act no later than January 1, 2005. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment adds an emergency preamble and clause to the 
bill and replaces section 2 of the bill with language that 
authorizes the Commissioner of Marine Resources to adopt rules 
regarding the culling requirements for sea urchins harvested 
under 
a hand-fishing license in Zone 1. 
The 
amendment also 
imposes minimum fines for violations of sea urchin harvesting 
requirements. 
The amendment requires the Department of Marine 
Resources to report to the joint standing committee of 
the 
Legislature having jurisdiction over marine resources matters on 
the status of the implementation of the new requirements no later 
than January 1, 2005. 
FISCAL \OTt i{EQt;IRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/24/03 ;fJv'ae 
Office of Fiscal and Program Review 
LD 1451 
An Act To Manage the Sea Urchin Fishery 
LR 1907(02) 
Fiscal Note for Bill as Amended by Committee Amendment ~"5J1q 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Establishes a new Class E crime. 
LR1907(2) - Fiscal Note - Page 1 of 1