An Act To Promote Rockweed Habitat Conservation through the Consideration of No-harvest Areas
Maine Legislature, Session 126, LD 1830
Committee: Marine Resources
Amends: 12 MRSA §6807

Legislative Document 
No. 1830 
H.P. 1318 
House of Representatives, March 18, 2014 
An Act To Promote Rockweed Habitat Conservation through the 
Consideration of No-harvest Areas 
Reported by Representative KUMIEGA of Deer Isle for the Joint Standing Committee on 
Marine Resources pursuant to Public Law 2013, chapter 169, section 2. 
Reference to the Committee on Marine Resources suggested and ordered printed pursuant 
to Joint Rule 218. 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6807, as amended by PL 2013, c. 169, §1, is further amended 
to read: 
§6807.  Seaweed harvesting rules  
The commissioner may adopt rules regulating the harvest of seaweed on a species-
specific basis, including, but not limited to, the total number of licenses that may be 
issued, the designation of a harvesting season or seasons, the quantity of the resource that 
may be harvested in a season, areas that may be open or closed to harvest, the designation 
of sectors, limitations on harvest by sector, establishment of a process for allocation to 
sectors and gear and techniques that may be used in harvesting.  Rules establishing a 
process for the allocation to sectors under this section are major substantive rules 
pursuant to Title 5, chapter 375, subchapter 2-A.  Rules All other rules adopted under this 
section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  Statewide management plan for rockweed; final report.  The 
Commissioner of Marine Resources, referred to in this section as "the commissioner," 
shall complete and present to the joint standing committee of the Legislature having 
jurisdiction over marine resources matters by January 31, 2015 a statewide management 
plan for rockweed pursuant to the Maine Revised Statutes, Title 12, section 6171, 
subsection 2-A. 
1. Recommendations; criteria; areas closed to harvest.  The plan must include 
recommendations for: 
A. The criteria used to identify areas to be closed to the commercial harvest of 
rockweed on a permanent or seasonal basis, which must include: 
(1)  The impact of harvesting rockweed on conserved lands and sensitive wildlife 
areas, including, but not limited to, shorebird and migratory waterfowl habitat, 
seal haul-outs, marine mammal habitat, state parks, federal conservation land, 
land conserved through the federal North American Wetlands Conservation Act, 
land and water contained in wildlife management areas designated and managed 
by the Department of Inland Fisheries and Wildlife and defined under the Maine 
Revised Statutes, Title 12, section 10001, subsection 74 and natural areas defined 
as critical areas under Title 12, section 544, subsection 2, paragraph B; and 
(2)  The need for reference sites along the coast and control plots in or around 
sectors under Title 12, section 6807 for the purpose of establishing research areas 
that allow for comparisons between harvested and natural areas to evaluate the 
long-term effects of harvesting rockweed; and 
B. The closure of areas identified using criteria recommended pursuant to paragraph 
A, except for reference areas that are identified for research purposes following the 
allocation to sectors. 
2. Working group convened. The commissioner shall create a working group whose 
purpose is to evaluate the impact of rockweed harvesting on sensitive wildlife habitat 
areas and conservation lands in order to generate input on no-harvest conservation areas 
and designate specific areas appropriate for closure for inclusion in the plan.  In 
establishing this working group, the commissioner shall solicit the participation of 
individuals or entities with expertise that is specific to the role of rockweed and its impact 
on the vitality of wildlife habitat and conservation land. Working group members shall 
evaluate at their meetings peer-reviewed scientific data and additional input and consider 
information submitted by pertinent stakeholders or other entities with specific expertise 
or local knowledge regarding sensitive wildlife areas or rockweed beds in support of 
closing an area to protect sensitive wildlife and wildlife habitat and from harvesters about 
harvest practices and the impacts of potential closures on industry in order to identify 
areas that may be appropriate for designation as no-harvest areas for conservation. The 
working group shall generate the criteria for designating no-harvest areas for 
conservation and prepare a list of areas to be closed to rockweed harvesting for 
conservation for the plan.   
3. Legislation. The joint standing committee of the Legislature having jurisdiction 
over marine resources matters is authorized to report out a bill to the First Regular 
Session of the 127th Legislature that is related to the rockweed plan submitted pursuant to 
this section.  
SUMMARY 
This bill changes the existing law for seaweed harvesting rules to make the rules for 
the allocation to sectors major substantive and not routine technical rules, as is currently 
the case. This bill also directs the Commissioner of Marine Resources to convene a 
working group that will identify criteria for the designation of no-harvest areas for 
conservation and to identify specific areas that are to be closed to rockweed harvesting, 
except for research purposes, on a seasonal or permanent basis according to the criteria 
identified by the working group. The commissioner is required to complete and present to 
the joint standing committee of the Legislature having jurisdiction over marine resources 
matters by January 31, 2015 a statewide management plan for rockweed. The committee 
is authorized to report out legislation to the First Regular Session of the 127th Legislature 
related to the plan.