An Act Regarding Enforcement of Marine Resources Laws and Suspensions of Marine Resources Licenses
Maine Legislature, Session 128, LD 1379
Committee: Marine Resources
Sponsors: KUMIEGA
Amends: 12 MRSA §6025-B, 12 MRSA §6306, 12 MRSA §6351, 12 MRSA §6371, 12 MRSA §6374

Legislative Document
No. 1379
H.P. 958
House of Representatives, April 11, 2017
An Act Regarding Enforcement of Marine Resources Laws and 
Suspensions of Marine Resources Licenses
Submitted by the Department of Marine Resources pursuant to Joint Rule 204.
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative KUMIEGA of Deer Isle.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6025-B is enacted to read: 
§6025-B.  Use of covert electronic surveillance 
If the Chief of the Bureau of Marine Patrol delivers to the commissioner a written 
statement signed by the chief under oath that the chief has probable cause to suspect that 
a civil violation of any law or rule relating to the deployment or retrieval of lobster gear 
has been committed, the commissioner shall immediately examine the affidavit and 
determine if the use of covert electronic surveillance is warranted.  If the commissioner 
determines the use of covert electronic surveillance is warranted, the commissioner may 
authorize the use of covert electronic surveillance. 
Sec. 2.  12 MRSA §6306, sub-§1, ¶A, as amended by PL 2009, c. 229, §14, is 
further amended to read: 
A.  Watercraft or vehicles and the equipment located on watercraft or vehicles used 
primarily in a trade or business requiring a license or aquaculture lease under this Part 
may be searched or inspected at any time.  This inspection includes covert electronic 
surveillance to monitor and enforce any law or rule relating to the deployment or 
retrieval of lobster gear for which the violation of the law or rule is classified as a 
civil violation. 
Sec. 3.  12 MRSA §6351, sub-§1, ¶B-2 is enacted to read: 
B-2.  A conviction for a violation of Title 17-A, chapter 33; 
Sec. 4.  12 MRSA §6371, sub-§§4 to 7 are enacted to read: 
4.  Suspensions for violations of Title 17-A, chapter 31.  Violation of Title 17-A, 
chapter 31 is grounds for suspension under section 6374 of any licenses or certificates 
issued under this Part. 
5.  Suspensions for violations of Title 17-A, chapter 15.  Violation of Title 17-A, 
chapter 15 is grounds for suspension under section 6374 of any licenses or certificates 
issued under this Part. 
6.  Suspensions for violations of Title 17-A, chapter 33.  Violation of Title 17-A, 
chapter 33 is grounds for suspension under section 6374 of any licenses or certificates 
issued under this Part. 
7.  Suspensions for criminal offense against a marine patrol officer.  A criminal 
offense against a marine patrol officer while that officer is engaged in the performance of 
official duty is grounds for suspension under section 6374 of any licenses or certificates 
issued under this Part. 
Sec. 5.  12 MRSA §6374, first ¶, as enacted by PL 2011, c. 311, §4, is amended 
to read: 
Except as provided in section 6371, subsections 1 and 2, the procedure for 
suspending a license or certificate for a violation of marine resources law or a violation 
under section 6371, subsections 4 to 7 without a criminal conviction or civil adjudication 
is governed by this section. 
SUMMARY 
This bill amends the marine resources licensing consent to inspection provision to 
allow marine patrol to place covert electronic surveillance equipment on lobster vessels 
for the purpose of determining if a license holder is violating any laws or rules regarding 
the hauling of lobster gear.  It also creates a process under which the covert electronic 
surveillance equipment may be used, including the requirement for probable cause. It 
expands the violations for which a marine resources license may be administratively 
suspended to include the Maine Revised Statutes, Title 17-A, chapter 15, theft, chapter 
31, offenses against public administration, and criminal offense against a marine patrol 
officer.  These are already included in the list of violations for which a license may be 
suspended following conviction.  Violations of Title 17-A, chapter 33, arson and other 
property destruction, are added to both license suspension provisions, administrative 
suspension and following conviction.