An Act To Ensure the Safety of Maine's Scallop Fleet
Maine Legislature, Session 130, LD 0364
Committee: Marine Resources
Sponsors: TUELL, MOORE, ALLEY, CARMICHAEL, JAVNER, KINNEY, PERRY
Amends: 12 MRSA §6171-A

Legislative Document
No. 364
H.P. 262
House of Representatives, February 8, 2021
An Act To Ensure the Safety of Maine's Scallop Fleet
(EMERGENCY)
Received by the Clerk of the House on February 4, 2021.  Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TUELL of East Machias.
Cosponsored by Senator MOORE of Washington and
Representatives: ALLEY of Beals, CARMICHAEL of Greenbush, JAVNER of Chester, 
KINNEY of Knox, McCREIGHT of Harpswell, PERRY of Calais.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, in order to ensure the safety of the scallop fleet, this legislation needs to 
take effect immediately; and
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 enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6171-A, sub-§6 is enacted to read:
6.  Scallop fishing; weather closures.  In accordance with this subsection, the 
commissioner may adopt rules providing for hazardous weather closures of the scallop 
season established under section 6722.  For purposes of this subsection, "hazardous 
weather" includes weather for which the National Weather Service has issued a warning of 
a gale, storm or hurricane.
A.  To the extent practicable, the commissioner may provide in any rules adopted under 
this subsection that a hazardous weather closure may be specific to fishery zones and 
shall provide for appropriate extensions of the scallop season to compensate for any 
hazardous weather closures during that season.
B.  The commissioner shall ensure that any rules adopted under this subsection include 
a system to provide notice of a hazardous weather closure by appropriate direct means, 
including by telephone or other direct electronic communication, to persons holding 
scallop licenses.
C.  The commissioner may, pursuant to section 6371, suspend for the remainder of a 
scallop season the scallop license of any person found by the commissioner to have 
fished for scallops during a hazardous weather closure in violation of any rules adopted 
under this subsection.  In addition, the commissioner shall require any such person who 
causes any search and rescue activities by the State on the person's behalf to pay all 
costs directly related to the State's search and rescue activities.
Rules adopted under this subsection prior to January 1, 2022 are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.  Rules adopted under this subsection on or 
after January 1, 2022 are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 2.  Review of rules.  The Commissioner of Marine Resources shall develop 
proposed rules providing for hazardous weather closures under the Maine Revised Statutes, 
Title 12, section 6171-A, subsection 6 before September 1, 2021.  By September 1, 2021, 
the commissioner shall present to all scallop license holders the proposed rules and 
determine whether a majority of those scallop license holders support adoption of those 
rules.  The commissioner shall proceed to adopt the proposed rules if the commissioner 
finds that a majority of the scallop license holders support adoption of the rules.  If the 
commissioner finds that a majority of the scallop license holders do not support adoption 
of the proposed rules, the commissioner may not adopt the rules and shall instead direct the 
Scallop Advisory Council established under Title 12, section 6729-B to develop by January 
1, 2022 a recommendation for an alternative method of protecting the safety of scallop 
license holders during hazardous weather.  The commissioner shall present the alternative 
method recommended by the council to the Joint Standing Committee on Marine Resources 
no later than January 15, 2022.  The committee may report out a bill relating to the 
recommendations of the council to the Second Regular Session of the 130th Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill directs the Commissioner of Marine Resources to develop by September 1, 
2021 certain rules governing hazardous weather closures of the scallop season.  By 
September 1, 2021, the commissioner shall present to all scallop license holders the 
proposed rules and determine whether a majority of those scallop license holders support 
adoption of the rules.  The commissioner shall adopt the proposed rules if the commissioner 
finds that a majority of the scallop license holders support adoption of the rules.  If the 
commissioner finds that a majority of the scallop license holders do not support adoption 
of the proposed rules, the commissioner is required to direct the Scallop Advisory Council 
to review the rules and develop by January 1, 2022 a recommendation for an alternative 
method of protecting the safety of scallop license holders during hazardous weather.  The 
commissioner is required to present that alternative method recommended by the council 
to the Joint Standing Committee on Marine Resources no later than January 15, 2022, and 
the committee may report out a bill relating to the recommendations of the council to the