An Act To Clarify Maine's Authority To Enforce Its Marine Resources Laws
Maine Legislature, Session 122, LD 0434
Committee: Marine Resources
Sponsors: KAELIN, EDMONDS, ADAMS, KOFFMAN, PERCY, RECTOR
Amends: 12 MRSA §600

Legislative Document 
No. 434 
H.P.319 
House of Representatives, January 27,2005 
An Act To Clarify Maine's Authority To Enforce Its Marine 
Resources Laws 
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 Representative KAELIN of Winterport. 
Cosponsored by President EDMONDS of Cumberland and 
!7J~ 
1J7·771u£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, KOFFMAN of Bar Harbor, PERCY of Phippsburg, 
RECTOR of Thomaston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §600l, sub-§13-1 is enacted to read: 
13-1. 
Establisb,ed base of operations. 
"Established base of 
operations" means the location where a vessel has its primary 
relationship. 
Among 
the 
factors 
identifying 
a 
primary 
relationship are the locations at which the vessel is primarily 
moored or docked, where it prepares for expeditions and hires a 
crew and to which it regularly returns for repairs, supplies and 
activities relating to its business or trade. 
The fact that a 
vessel carries on one or more of these activities at more than 
one location within this State or at a 
location or locations 
outside 
this 
State 
does 
not 
prevent 
the 
vessel 
from 
being 
considered to have an established base of operations within the 
State if a substantial portion of these activities are carried on 
at a location or locations wi thin this State. 
For purposes of 
this subsection, "substantial portion" means a period exceeding 
days in any calendar year. 
Sec. 2. 12 MRS A §600l, sub-§36, as enacted by PL 1977, c. 661, 
§5, is repealed and the following enacted in its place: 
36. 
Registered vessel. 
"Registered vessel" means: 
A. 
A vessel that is owned or operated by a person licensed 
under this Part; 
B. 
A vessel that is used to brin.g a marine organism into 
the State or its territorial waters; 
C. 
A vessel that is 
registered or has 
been 
issued 
a 
certificate of number under chapter 935; 
D. 
A vessel documented in accordance with 46 United States 
Code, Chapter 121 that has designated a Maine port of hail: 
E. 
A vessel that has been issued a certificate of number by 
the United States Coast Guard under 46 United States Code, 
Chapter 
that has 
identified Maine 
as 
the state of 
principal use; or 
F. 
A vessel that has 
an established base of operations 
within this State. 
Sec. 3. 12 MRSA §600l, sub-§37 -A, as enac ted by PL 1979, c. 
590, §l, is amended to read: 
37-A. 
Rigged. 
"Rigged" 
means 
to 
have 
on 
board 
the 
equipment necessary to undertake the activity. 
The commissioner 
Page l-LR0633(1) 
shall determine by rulemaking what equipment is necessary to 
undertake the activity. 
Rules adopted un<;ler this subsection are 
routine 
technical 
rules 
pursuant 
to 
Title 
5, 
chapter 
375, 
subchapter 2-A. 
SUMMARY 
This bill creates 
a 
definition for "established base of 
operations" in the marine resources statutes. 
The definition of 
"registered vessel" is amended to include a vessel that has an 
established base of operations within the State. 
The definition 
of 
"rigged" 
is 
amended 
to 
allow the 
Commissioner 
of Marine 
Resources to adopt rules to further define what equipment is 
necessary to have on board.