An Act To Amend the Statutes Governing the Commercial Fishing Safety Council
Maine Legislature, Session 122, LD 1764
Committee: Marine Resources
Sponsors: DAMON, PERCY, ANDREWS, SULLIVAN, ASH, BOWEN, KAELIN, MAZUREK, PINGREE
Amends: 12 MRSA §6034, 12 MRSA §6035, 12 MRSA §6176

Legislative Document 
No. 1764 
S.P.681 
In Senate, December 30, 2005 
An Act To Amend the Statutes Governing the Commercial Fishing 
Safety Council 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
218. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative PERCY of Phippsburg and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: ANDREWS of York, SULLIVAN of York, Representatives: ASH of Belfast, 
BOWEN of Rockport, DUGA Y of Cherryfield, KAELIN of Winterport, MAZUREK of 
Rockland, PINGREE of North Haven. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6034, sub-§I, as amended by PL 2003, c. 510, 
Pt. C, §3, is further amended to read: 
1. Appointment; composition. 
The Commercial Fishing Safety 
Council, 
referred 
to 
in this 
section as 
"the 
council" 
and 
established 
by 
Title 
5, 
section 
12004-1, 
subsection 
57-E, 
consists of 17 members, 15 of whom are appointed by the Geye~Re~ 
commissioner as follows: 
A. 
One member who is a license holder under this Part and a 
member of the Lobster Advisory Council, recommended by the 
chair of the Lobster Advisory Council; 
4.6 
B. 
One member who is a license holder under this Part and a 
member of the Marine Resources Advisory Council, recommended 
by the chair of the Marine Resources Advisory Council; 
C. 
One member who is a license holder under this Part and a 
member of the Sea Urchin Zone Council, 
recommended by the 
chair of the Sea Urchin Zone Council; 
D. 
Five members who are license holders under this Part and 
who eaea represent 
a-£~~~e~eR~ commercial marine harvesting 
ae~iyi~y-~ha~-~~~~~~-memse~s-e~-~~~~&G~~r-~eeemmeRge9 
sy-~~~~-~~~-aa~yeS~iR~-~-~~~~~-iR~e~es~s 
activities; 
E. 
An 
educator 
experienced 
in 
community-based 
adult 
education and volunteer safety training; 
F. 
An 
expert 
in 
fishing 
industry 
risk 
analysis 
and 
occupational health; 
G. 
An expert in marine safety equipment; 
H. 
A representative of the marine insurance industry; 
I. 
A marine surveyor; 
J. 
A spouse or domestic partner of a license holder under 
this Part; and 
K. 
A member of the public. 
The chair of the Marine Resources Advisory Council and the chair 
of 
the 
Marine 
Recreational 
Fishing 
Advisory 
Council 
are 
ex 
officio members of the council. 
The composition of the council 
must reflect a geographic distribution along the coast of the 
Page l-LR2945(l) 
• 
State. 
The council may invite to carry out 
council 
other 
participants 
on 
an 
ad 
hoc 
representatives 
of 
private 
or 
governmental 
individuals with expertise or interest in 
labor or health matters. 
the duties of the 
basis, 
including 
organizations 
or 
marine, 
education, 
Sec. 2. 12 MRSA §6034, sub-§7, as enacted by PL 2003, c. 90, 
§2, is amended to read: 
7. Duties. 
The council shall carry out duties specifically 
delegated to the council by law or by the commissioner and give 
the commissioner information and advice concerning fishing safety 
issues, including: 
A. 
Minimum 
safety 
equipment, 
training 
and 
operational 
standards; 
B. 
Community-based 
education 
practical 
safety 
training 
and 
training; 
programs 
that 
fisheries-specific 
provide 
safety 
C. 
An outreach program to promote the culture of safety; and 
D. 
Opportunities to minimize the costs and seek alternative 
funding sources, fees, incentives, grants or partnerships to 
minimize the financial impact of safety requirementst-aHa~ 
~T--~Re-€~ffiffi€~€~~~-~~~-~~~~~~-~~~-~he-eeffiffiissieHeF 
SH9ffiits-~~~~-eeHHei~-~~~-~~-seetieH-~~~~-FepeFt 
te--~~--be~i&~a~Hre--€~~~~---~~--F~aH--~~---te 
sH9seetieH-8T 
Sec. 3. 12 MRSA §6034. sub-§8, as enacted by PL 2003, c. 90, 
§2, is repealed. 
Sec. 4. 12 MRSA §6035. as enacted by PL 2003, c. 90, §2, is 
amended to read: 
§6035. Commercial fishing safety plan 
No later than Ne .. em*F--~9t.R October 1st of each year, the 
eeffiffiissieHeF Commercial Fishing Safety Council shall submit 
a 
commercial sa'e1;y fishing safety plan to the 
belM\ereia~-Fi6RiHEJ 
Sa'e1;y--~e~Heil 
commissioner 
that 
includes 
the 
aepaFtffieHt~s 
council'S 
fishing 
safety 
initiatives, 
the 
progress 
in 
implementing those fishing safety initiatives, any revisions to 
those initiatives or their implementation and any new initiatives 
for the beffiffieFeial-~isRiHEJ-Sa'e1;y-beHHeil department to consider. 
Sec.5. 12 MRSA §6176 is enacted to read: 
§6l76. 
Commercial fishing safety 
The commissioner may adopt commercial 
fishin~fety rules 
recommended 
by 
the 
Commercial 
Fishing Safety Council. 
Rules 
Q~thorized by 
this 
section must 
be 
adopted 
and 
amended 
in 
accordance with the procedures outlined in subchapter 2 and are 
routine technical rules 
as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
SUMMARY 
This bill makes 
several minor 
changes 
to the Commercial 
Fishing 
Safety 
Council 
as 
requested 
by 
that 
council. 
In 
addition, this legislation would give the Commissioner of Marine 
Resources the authority to initiate rulemaking in order to adopt 
commercial 
fishing 
vessel 
safety 
regulations 
that 
have 
been 
proposed to the department by the safety council.