An Act To Manage the Sea Urchin Fishery
Maine Legislature, Session 121, LD 1451
Committee: Marine Resources
Sponsors: DAMON, BULL
Amends: 12 MRSA §6404-E, 12 MRSA §6749-A, 12 MRSA §6749, 12 MRSA §6749-R

Legislative Document 
No. 1451 
S.P.483 
In Senate, March 27, 2003 
An Act To Manage the Sea Urchin Fishery 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative BULL of Freeport. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6404-E is enacted to read: 
§6404-E. 
Suspension based on 3 or more convictions of possessing 
small sea urchins 
The 
commissioner 
shall 
suspend 
the 
sea 
urchin 
fishing 
license of any license holder convicted in court of a 
3rd or 
subsequent offense of possessing sea urchins smaller than the 
minimum 
size 
established 
pursuant 
to 
section 
6749-A. 
The 
suspension must be 
for at least one year 
from 
the date of 
conviction and may be up to 3 years. 
Any conviction occurring 
more than 5 years before the last conviction may not be counted 
in determining the suspension. 
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is repealed and the following enacted in its place: 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. 
Prohibition. 
It is unlawful for 
a 
person to take, 
possess, ship, transport, buy or sell a sea urchin having a shell 
measuring less than 2 inches in the longest diameter, exclusive 
of spines. 
The department may adopt rules to provide for an 
increase in the minimum size after consultation with the Sea 
Urchin Zone Council. 
Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
2. 
Penalty. 
A person who violates this subsection commits 
a Class D crime that is punishable by a fine of not less than 
$500 for the first offense and not less than $1, 000 for the 2nd 
offense. 
The fine may not be suspended. 
Sec. 3. 12 MRSA §6749-0, sub-§S is enacted to read: 
5. 
Protection from depletion. 
The 
commission may adopt 
rules for sea urchin license limited entry system to prohibit a 
new entry in a year when it is necessary to protect or conserve 
the urchin fishery from imminent depletion. 
Sec. 4. 12 MRSA §6749-R, sub-§I, 
as amended by PL 2001, c. 
327, §15, is further amended to read: 
1. 
Uses of fund. 
The commissioner shall use the fund for 
research 
directly 
related 
to 
sea 
urchin 
fishery 
management 
information 
needs 
and 
for 
reporting 
to 
licensed 
sea 
urchin 
harvesters, boat tenders, processors and buyers on the results of 
research and the use of fund revenues. 
The purpose of that 
Page l-LR1907(1) 
research must 
be 
to determine, 
with the highest reliability 
possible given available resources, the greatest level of effort 
that may be applied to the sea urchin fishery without harming the 
long-term 
economic 
and biological 
sustainability of 
the 
sea 
urchin fishery. 
The commissioner shall consult with the Sea 
Urchin Zone Council under section 6749-X before deciding upon 
research projects and awarding grants from the fund. 
The fund 
may 
be 
used 
to 
provide 
for 
safety education 
and 
training 
requirements 
for 
the 
sea 
urchin 
fishery 
and 
to 
administer 
management measures 
for 
the fishery. 
The 
commissioner shall 
consult with the Sea Urchin Zone Council on the expenditure of 
funds for these purposes. 
The fund may also be used to cover 
the costs associated with ,determining eligibility for licenses 
under this subchapter, for law enforcement and support for the 
Sea 
Urchin 
Zone 
Council, 
including 
reimbursement 
for 
travel 
expenses. 
Up to 
30°1> of allotted revenues may be used for law 
enforcement purposes. 
SUMMARY 
This bill makes it a Class D crime to possess small sea 
urchins and establishes a 
minimum fine of $500 for a first 
offense and $1,000 for a 2nd offense and a mandatory one-year 
suspension for 
a 
3rd or subsequent offense. 
It expands the 
allowable uses of the Sea Urchin Research Fund to include safety 
education 
and 
training 
and 
the 
implementation of 
management 
measures, 
following consultation by the Commissioner of Marine 
Resources with the Sea Urchin Zone Council. 
It also allows the 
Commissioner of Marine Resources to prohibit new entry into the 
urchin fishery in years when it is necessary to protect the 
fishery from imminent depletion.