An Act To ·10 Clarify the Marine Resources Laws To Provide for the Protection of Public Safety and II Welfare
Maine Legislature, Session 124, LD 1604
Committee Amendment CA_A_S385 (Senate)
Amends: 12 MRSA §6171-A, 12 MRSA §6171-C, 12 MRSA §6172

COMMITTEE AMENDMENT "A " to S.P. 611, L.D. 1604, Bill, "An Act To 
·10 
Clarify the Marine Resources Laws To Provide for the Protection of Public Safety and 
II 
Welfare" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §6171-A, as amended by PL 1987, c. 100, §§ I to 3, is repealed 
and the following enacted in its place: 
§6171-A. Protection of public health and safety and prevention of gear conflicts 
1. Commissionel:'s powers. The commissioner may investigate conditions affecting 
public safety, public health or property and conflicts among harvesters of marine 
organisms. The commissioner, with the advice and consent of the Marine Resources 
AdvisOlY Council, may adopt or amend such rules as the commissioner considers 
necessary to: 
A. Protect public health; 
B. Protect public safety; 
C. Prevent property damage; or 
D. 
Prevent gear conflicts and promote the optimum development of marrne 
organisms. 
Rules adopted in accordance with this subsection may include, but are not limited to, 
rules governing area closures when necessary to address confl icts among persons who 
fish commercially that may cause a threat of harm to a person. 
2. Limitations. The limitations of section 617 I, subsection 2 also apply to rules to 
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prevent gear conflicts. 
3. COllsidemtions. In adopting rules to prevent gear conflicts, the commissioner 
shall consider: 
Page I - 124LR2227(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 611, L.D. 1604 
A. Trad itionaluses of the marine organ isms; 
B. Total economic benefits to the area in which the organisms are harvested; and 
C. 
Promotion of the optimum economic and biological management of marine 
resources. 
In each case, the commissioner shall accommodate the needs of all interested parties to 
the maximum extent possible, through provisions for joint use, alternate use or other 
methods.' 
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4-A. 
Emergency rules. 
The commissioner may adopt or amend rules on an 
emergency basis if immediate action is necessary to protect the public health or public 
safety or to prevent property damage or serious economic harm to the area in which 
marine resources are harvested. 
5-A. Procedure. The procedures of subchapter 2 must be used in adopting or 
amending rules authorized by this section. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2. 12 MRSA §6171-C, as enacted by PL 2005, c. 44, § I, is repealed. 
Sec. 3. 12 MRSA §6172, sub-§l-B, as enacted by PL 2005, c. 44, §2, is amended 
to read: 
I-B. AdVisory council. Notwithstanding section 6171 C 6171-A, the advice and 
consent of the Marine Resources Advisory Council is not required prior to adoption of a 
rule under this section. 
Sec. 4. 12. MRSA §6192, sub-§l, as amended by PL 2005, c. 44, §3, is further 
amended to read: 
1. Procedures. In an emergency adoption of a rule or amendment to a rule, the 
commissioner may modify the procedures required under the Maine Administrative 
Procedure Act and section 6191 in the following manner. 
A. In an emergency adoption of a rule or amendment to a rule relating to the public 
health and safety, including rules authorized under sections 6171 C 6171-A and 
6172, prior public notice and hearing is not required. 
B. [n an emergency adoption of a rule or amendment to a rule relating to the general 
'""elfare, as authorized by section 6171 or 6171-A, the rule is effective immediately, 
as provided in subsection 4. 
A public hearing must be held in the affected area 
immediately thereafter after the rule takes effect if requested of the commissioner in 
writing by 5 persons. The hearing must be held within 30 days of the comm issioner 
receiving the written request. Notice of that hearing must be published once, not less 
than 5 days prior to the hearing,' in a newspaper of general circulation in the affected 
area. In an emergency adoption of a rule or amendment to a rule relating to gear 
conflicts, as authorized by section 6171-A, the commissioner shall decide within 5 
business days after the hearing whether to continue or repeal an emergency closure. 
The commissioner's findings of fact must include the justification for the repeal or 
continuance of the closure, an· analysis of the objections expressed at the public 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "fr" to s.p. 611, L.D. 1604 
hearing and the date for the end of the closure. Emergency rules under this paragraph 
may be repealed by the Marine Resources Advisory Council. . 
C. 
In an emergency adoption of a rule or amendment to a rule relating to gear 
conflicts, as authorized by section 6171 A, the rule is effective immediately, as 
provided in subsection 4. 
Prior public notice and hearing is 110t requireEh 
Not'Nithstanding any other provisions of law, a public hearing must be held in the 
affected area immediately if requested of the commissioner in ',."riting by 5 persons. 
The hearing must be held \vithin 30 days of the commissioner receiving the written 
request. Notice of that hearing must be published once, not less than 5 days prior to 
the hearing,· in a nevt'spaper of general circulation in the affected area. 
The 
commissioner shall decide 'rVithin 5· business days after the hearil~g '.",hether to 
continue or repeal the emergency closure. The commissioner's findings of fact must 
include the justification for the repeal or continuance of the closure, an analysis ofthe 
objections e)(pressed at the public hearing and the date for the end of the closure. 
Emer2'encv rules under this nara2'ranh ma", be;:epenlRCllw thfl nAvi!'lAFV CAllAciL 
D. 
Within 48 hours after the adoption of an emergency rule or an emergency 
amendment to a rule authorized under section 6171-A, subsection I, paragraph B or 
C, . the commissioner shall hold a public meeting in the area affected by the 
emergency rule. A public meeting convened pursuant to this paragraph is not a 
public hearing for purposes of the Maine Administrative Procedure Act.' 
SUMMARY 
This amendment consolidates the existing rule-making authority of the Commissioner 
of Marine Resources with regard to gear conflicts, public health and the provisions 
proposed in the bill regarding the protection of public safety. 
rt also authorizes the 
commissioner to adopt emergency rules to prevent propeliy damage and provides that the 
commissioner must hold a public meeting within 48 hours of adopting an emergency rule 
regarding the protection of public safety or the protection of propeliy. The amendment 
provides that the public meeting is not a public hearing for purposes of the Maine 
Administrative Procedure Act. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/18/1 0 Mac:.. 
LD 1604 
LR 2227(02) 
An Act To Clarify the Marine Resources Laws To Provide for the Protection of Public Safety and 
Welfare 
Fiscal Detail and Notes 
Fiscal Note for Bill as Ame,nded by Committee Amendment ,A" 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Marine Resources can be absorbed within existing budgeted resources. 
LR2227(02) - Fiscal Note - Page I of I 
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