Resolve, To Adjust the Sea Urchin Fishing Season and Create the Task Force To Study Sea Urchin Fishery Management Further amend the bill by striking out everything after the ti tle and before the summary and inserting in its place the following: Emergency preamble. Whereas, acts and Legislature do not become effective until adjournment unless enacted as emergencies; and resolves of the days after Whereas, rulemaking regarding the number of open days in the sea urchin harvesting season must be initiated before the 90-day period expires in order that the rules are in place for the start of the next season, which may begin on or after September 1, 2005; and Whereas, the Task Force To Study Sea Urchin Fishery Management shall examine critical issues affecting the sea urchin resource and industry: and Whereas, the study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session: and Page l-LR0770(3) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0479
Committee Amendment CA_B_H407 (House)

of the Clerk of 
Act 
COMMITTEE 
To 
Amend 
AMENDMENT B, 
Laws 
Governing 
to H.P. 354, L.D. 479, Bill, "An 
the Setting of the 
Sea Urchin 
Harvesting Season" 
Amend the bill by striking out the title and substituting 
the following: 
'Resolve, To Adjust the Sea Urchin Fishing Season and Create the 
Task Force To Study Sea Urchin Fishery Management' 
Further amend the bill by striking out everything after the 
ti tle and before the 
summary and inserting in its place the 
following: 
'Emergency preamble. Whereas, acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas, rulemaking regarding the number of open days in the 
sea urchin harvesting season must be initiated before the 90-day 
period expires in order that the rules are in place for the start 
of the next season, which may begin on or after September 1, 
2005; and 
Whereas, the 
Task 
Force 
To 
Study 
Sea 
Urchin 
Fishery 
Management shall examine critical issues affecting the sea urchin 
resource and industry: and 
Whereas, the study must 
be 
initiated before the 
90-day 
period expires in order that the study may be completed and a 
report submitted in time for submission to the next legislative 
session: and 
Page l-LR0770(3) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ./3;. to H. P. 354, L. D. 479 
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, be it 
Sec. 
1. 
Sea 
urchin 
harvesting 
season. 
Resolved: 
That, 
notwithstanding the Maine Revised Statutes, Title 12, section 
6749, 
the Commissioner of Marine Resources shall establish by 
rule the number of open days during which a person may fish for 
or take sea urchins between the effective date of this resolve 
and March 31, 2007 as follows: 
1. 
The commissioner shall initiate rulemaking to establish 
open days in Zone 1 and 45 open days in Zone 2, as those areas 
are designated under Title 12, section 6749-N, for sea urchin 
harvesting between September 1, 2005 and March 31, 2006; and 
2. 
After March 31,2006, the commissioner shall initiate 
rulemaking to establish the number of open days in Zone 1 and the 
number of open days in Zone 2, as those areas are designated 
under Title 12, section 6749-N for sea urchin harvesting between 
September 1, 2006 and March 31, 2007. 
The commissioner shall use 
the recommendations of the Task Force To Study Sea Urchin Fishery 
Management, established in section 2, as the basis for rules 
establishing the number of open days under this subsection. 
Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A; and be 
it further 
Sec. 2. Task force established. Resolved: 
That the Task Force To 
Study Sea Urchin FiShery Management, referred to in this resolve 
as "the task force," is established; and be it further 
Sec. 3. Task force membership. Resolved: 
That the task force 
consists of 9 members appointed as follows: 
1. 
One member of the Senate, appointed by the President of 
the Senate, who serves on the Joint Standing Committee on Marine 
Resources; 
2. 
One member of the House of Representatives, appointed by 
the Speaker of the House, 
who 
serves on the Joint Standing 
Committee on Marine Resources; 
3. 
Four members appointed by the President of the Senate: 
COMMITTEE AMENDMENT 
,~. 
~J' 
COMMITTEE AMENDMENT :t:S. to H.P. 354, L.D. 479 
A. 
Two members who are marine scientists with expertise in 
sea urchins, one of whom is employed by the Department of 
Marine Resources and one of whom is not; 
B. 
One 
member 
representing 
the 
sea 
urchin 
processing 
industry; and 
C. 
One member representing the Sea Urchin Zone Council; and 
4. 
Three members appointed by the Speaker of the House: 
A. 
One member who holds a Zone 1 sea urchin fishing license; 
B. 
One 
member 
who 
holds 
a 
Zone 
sea urchin fishing 
license; and 
C. 
One 
member 
representing 
the 
Department 
of 
Marine 
Resources; and be it further 
Sec. 4. Chairs. Resolved: 
That the first-named Senate member 
is the Senate chair of the task force and the first-named House 
of Representatives member is the House chair of the task force; 
and be it further 
Sec. 5. Appointments; convening of task force. Resolved: 
That all 
appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the task force, which must be no later than 
September 15, 2005; and be it further 
Sec. 6. Duties. Resolved: 
That the task force shall study the 
current management structure and strategies of the sea urchin 
fishery 
and 
make 
recommendations 
regarding 
short-term 
and 
long-term management options. 
Recommendations must address the 
sea urchin harvesting season, including the number of open days. 
The task force shall hold at least 3 meetings and may hold no 
more than 5 meetings to complete its work. 
The task force may 
study the following issues: 
1. 
Number and area of sea urchin fishing zones; 
2. 
Minimum and maximum size laws; 
3. 
Sea urchin harvesting season and open days; 
4. 
Sea 
Urchin 
Zone 
Council 
composition, 
membership 
requirements and terms; 
COMMITTEE AMENDMENT 
~c., 
'.::'. 
,.; .. ~ ..., 
, . 
COMMITTEE AMENDMENT ~, to H.P. 354, L.D. 479 
5. 
Licensing and entry issues; 
6. 
Research methods, funding and a resource recovery plan; 
7. 
Methods of sea urchin sales; and 
8. 
Any other issues to further the purposes of the task 
force; and be it further 
Sec. 7. Staff assistance. Resolved: 
That the Legislative Council 
shall provide necessary staffing services to the task force; and 
be it further 
Sec. 8. Compensation. Resolved: 
That the legislative members 
of the task force are entitled to receive the legislative per 
diem, as defined in the Maine Revised Statutes, Title 3, section 
2, 
and reimbursement for travel and other necessary expenses 
related to their attendance at authorized meetings of the task 
force. 
Public 
members 
not 
otherwise 
compensated 
by 
their 
employers or other entities that they represent are entitled to 
receive 
reimbursement 
of 
necessary 
expenses 
and, 
upon 
a 
demonstration of financial hardship, 
a per diem equal to the 
legislative per diem for their attendance at authorized meetings 
of the task force; and be it further 
Sec. 9. Report. Resolved: 
That, no later than February 1, 
2006, the task force shall submit a report that includes its 
findings 
and recommendations, 
including suggested legislation, 
for 
presentation to 
the Joint Standing 
Committee 
on Marine 
Resources and the Legislative Council. 
The task force is not 
authorized 
to 
introduce 
legislation. 
Following 
receipt 
and 
review of the report, the Joint Standing Committee on Marine 
Resources may report out a bill to the Second Regular Session of 
the 122nd Legislature; and be it further 
Sec. 10. Extension. Resolved: 
That, if the task force requires 
a limited extension of time to complete its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 11. Task force budget. Resolved: 
That the chairs of the 
task force, with assistance from the task force staff, shall 
administer the task force's budget. 
Within 10 days after its 
first meeting, 
the task force shall present a work plan and 
proposed budget to the Legislative Council for its approval. 
The 
task force may not incur expenses that would result in the task 
force's exceeding its approved budget. 
Upon request from the 
task force, the Executive Director of the Legislative Council 
shall promptly provide the task force chairs and staff with a 
COMMITTEE AMENDMENT 
.~<o. 
r • 
.-' 
. .; ~ 
.~. 
COMMITTEE AMENDMENT ,,~ to H.P. 354, L.D. 479 
status report on the task force budget, expenditures incurred and 
paid and available funds. Notwithstanding any other law, the Sea 
Urchin Research Fund, established in the Maine Revised Statutes, 
Title 12, section 6749-R, must be used to cover the costs of the 
study; and be it further 
Sec. 12. Funding. Resolved: 
That notwithstanding the Maine 
Revised Statutes, Title 12, section 6749-R, the State Controller 
shall transfer $3,790 at the beginning of fiscal year 2005-06 
from the Sea Urchin Research Fund within the Department of Marine 
Resources to the Legislature to fund the expenses of the Task 
Force To Study Sea Urchin Fishery Management; and be it further 
Sec. 13. Appropriations and allocations. Resolved: 
following appropriations and allocations are made. 
LEGISLA"l'URE 
Task Force To Study Sea Urchin Fishery Management 
0444 
That 
the 
Ini tiati ve: 
Provides funds for the per diem and expenses of 
legislative members and expenses of other eligible members of the 
Task Force To Study Sea Urchin Fishery Management. 
OTHER SPECIAL REVENUE FORDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2005-06 
$990 
$2,800 
$3,790 
2006-07 
$0 
$0 
$0 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. ' 
SUMMARY 
This amendment is the minority report of the committee. 
The 
amendment 
changes 
the title 
and 
replaces 
the bill with 
a 
resolve. 
The 
amendment 
directs 
the 
Commissioner 
of 
Marine 
Resources to initiate rulemaking to establish 10 open days in 
Zone 1 and 45 open days in Zone 2 for the upcoming 2005-2006 sea 
urchin 
harvesting 
season. 
The 
amendment 
also 
directs 
the 
commissioner 
to 
initiate 
rulemaking, 
following 
the 
2005-2006 
season, to establish the number of open days for the 2006-2007 
season based on the recommendations of the Task Force To Study 
Sea Urchin Fishery Management as established in this amendment. 
The 
9-member 
task force is required to 
examine 
the current 
management structure and strategies of the sea urchin fishery and 
make 
recommendations 
regarding 
short-term 
and 
long-term 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. 8. to H.P. 354, L.D. 479 
management 
options. 
The 
task 
force 
is 
required 
to 
make 
recommendations 
regarding 
the 
sea 
urchin 
harvesting 
season, 
including the number of open days. 
The task force is required to 
submit 
a 
report to 
the Joint Standing 
Committee 
on 
Marine 
Resour.ces and the Legislative Council by February 1, 2006. 
The 
Joint Standing Committee on Marine Resources is authorized to 
report out a bill to the Second Regular Session of the 122nd 
Legislature following the committee' s review of the task force' s 
report. 
This 
amendment 
also 
adds 
an 
appropriations 
and 
allocations section to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/11105 ~ae 
LD479 
LR0770(03) 
An Act To Amend Laws Governing the Setting of the Sea Urchin Harvesting Season 
Fiscal Note for Bill as Amended by Committee Amendment ,8 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Current costs - Legislative Study 
Projections 
Projections 
2005-06 
2006-07 
2007-08 
2008-09 
Appropriations/Allocations 
Other Special Revenue Funds 
$3,790 
$0 
$0 
$0 
Revenue 
Other Special Revenue Funds 
$3,790 
$0 
$0 
$0 
Legislative Study 
This legislation includes an Other Special Revenue allocation to the Legislature in the amount of $3,790 in fiscal year 
2005-06. This allocation provides funds for the per diem and expenses of legislative members and expenses of other 
eligible members of the Task Force to Study Sea Urchin Fishery Management. Funds within the Sea Urchin Research 
Fund will be transferred to the Legislature to cover the costs of the study. 
LR0770(3) - Fiscal Note - Page 1 of 1