reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 4: FISHWAYS › 12 §6122. Construction of new dams or other artificial obstructions

§6122. Construction of new dams or other artificial obstructions
1.  Notice required.
Prior to construction or prior to authorizing construction of a new dam or other obstruction in the coastal waters, the owner, lessee or other person in control of the dam or other artificial obstruction shall provide written notice to the commissioner, supplying information on construction plans, proposed location and date of construction of the dam or other artificial obstruction.
[PL 1983, c. 388, §2 (RPR).]
2.  Initiation of fishway proceedings.
Within 30 days of receipt of the construction notice, the commissioner shall review the plans in order to determine whether fishway construction or alteration of proposed fishway construction plans may be required pursuant to the criteria set forth in section 6121, subsection 3. If the commissioner determines that such construction or alteration may be necessary, the commissioner shall initiate fishway proceedings and follow the procedures prescribed in section 6121.
[RR 2021, c. 2, Pt. B, §33 (COR).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1983, c. 388, §2 (RPR). RR 2021, c. 2, Pt. B, §33 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 4: FISHWAYS › 12 §6123. Obstructing fishways

§6123. Obstructing fishways
A person who tampers with, damages, destroys or closes to fish migration or introduces foreign objects into any fishway without the authority of the commissioner commits a civil violation for which a forfeiture of not less than $100 and not more than $500 may be adjudged.   [PL 1999, c. 771, Pt. B, §1 (AMD); PL 1999, c. 771, Pt. D, §§1,2 (AFF).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1999, c. 771, §B1 (AMD). PL 1999, c. 771, §§D1,2 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 4: FISHWAYS › 12 §6124. Violations; penalty

§6124. Violations; penalty
A person who improperly operates a fishway required pursuant to this subchapter commits a civil violation for which a forfeiture equivalent to the value of the fish killed but not more than $10,000 for each day of that violation may be adjudged.   [PL 1999, c. 771, Pt. B, §2 (AMD); PL 1999, c. 771, Pt. D, §§1,2 (AFF).]
SECTION HISTORY
PL 1989, c. 275, §1 (NEW). PL 1999, c. 771, §B2 (AMD). PL 1999, c. 771, §§D1,2 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 4: FISHWAYS › 12 §6125. Rules

§6125. Rules
The Department of Marine Resources and the Department of Inland Fisheries and Wildlife shall jointly make rules defining "fish kill."   [PL 1989, c. 275, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 275, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 5: MISCELLANEOUS ACTIVITIES › 12 §6132. Natural Fish Die-off Clean-up Program

§6132. Natural Fish Die-off Clean-up Program
Upon the request of any affected municipality, the Department of Marine Resources shall assess the extent and severity of public nuisance and potential threats to public health posed by natural fish die-offs. The department shall provide technical advice and, subject to the limits of available funding, financial assistance to the affected municipalities in the conduct of any cleanup or other mitigating measures.   [PL 1987, c. 459 (AMD).]
SECTION HISTORY
PL 1985, c. 786 (NEW). PL 1987, c. 459 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 5: MISCELLANEOUS ACTIVITIES › 12 §6133. Inspection of documents and watercraft

§6133. Inspection of documents and watercraft
1.  Inspection powers.
Marine patrol officers may stop and board any watercraft at any time to inspect its documents, licenses and permits of the occupants of the watercraft and to conduct a safety inspection.
[PL 1987, c. 713, §1 (NEW).]
2.  Rules.
The commissioner shall adopt rules pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, which:
A. Specify safety requirements for watercraft subject to inspection. Requirements may be incorporated by reference to other state or federal watercraft safety laws, rules or regulations; and   [PL 1987, c. 713, §1 (NEW).]
B. Define the procedure for a safety inspection.   [PL 1987, c. 713, §1 (NEW).]
[PL 1987, c. 713, §1 (NEW).]
3.  Failure to submit to inspection.
Failure of an owner, operator or occupant of watercraft to submit to the inspection authorized by this section is a Class E crime and shall be grounds for the suspension, pursuant to chapter 617, of licenses issued under this Part to the person failing to submit.
[PL 1987, c. 713, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 713, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 5: MISCELLANEOUS ACTIVITIES › 12 §6134. River herring passage; fishways on the St. Croix River

§6134. River herring passage; fishways on the St. Croix River
By May 1, 2013, the commissioner and the Commissioner of Inland Fisheries and Wildlife shall ensure that the fishways on the Woodland Dam and the Grand Falls Dam located on the St. Croix River are configured or operated in a manner that allows the unconstrained passage of river herring.   [PL 2013, c. 47, §1 (NEW).]
1.  Woodland Dam.
[PL 2013, c. 47, §1 (RP).]
2.  Grand Falls Dam.
[PL 2013, c. 47, §1 (RP).]
SECTION HISTORY
PL 1995, c. 48, §1 (NEW). PL 2007, c. 587, §1 (RPR). PL 2011, c. 598, §12 (AMD). PL 2013, c. 47, §1 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 5: MISCELLANEOUS ACTIVITIES › 12 §6135. Maine Groundfish Fund

§6135. Maine Groundfish Fund
The Maine Groundfish Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing fund within the department. Unexpended balances in the fund at the end of the fiscal year may not lapse and must be carried forward to the next fiscal year and used for the purposes of this section.   [PL 2003, c. 673, Pt. GGG, §1 (NEW).]
The fund may receive money from any source for the purposes of this section. Revenues may be used for support of the groundfish industry including research, development and economic assistance to maintain access, capacity and infrastructure along the entire coast. The commissioner shall select activities and projects that will be most beneficial to the commercial groundfish industry of the State.   [PL 2003, c. 673, Pt. GGG, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 673, §GGG1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 5: MISCELLANEOUS ACTIVITIES › 12 §6137. Atlantic Salmon Commission (REPEALED)

§6137. Atlantic Salmon Commission
(REPEALED)
SECTION HISTORY
PL 2007, c. 240, Pt. QQ, §4 (NEW). PL 2009, c. 561, §5 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 5: MISCELLANEOUS ACTIVITIES › 12 §6138. Members; appointment; composition; term; compensation; meetings (REPEALED)

§6138. Members; appointment; composition; term; compensation; meetings
(REPEALED)
SECTION HISTORY
PL 2007, c. 240, Pt. QQ, §5 (NEW). PL 2009, c. 561, §6 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 5: MISCELLANEOUS ACTIVITIES › 12 §6139. Sea Run Fisheries and Habitat Advisory Council (REPEALED)

§6139. Sea Run Fisheries and Habitat Advisory Council
(REPEALED)
SECTION HISTORY
PL 2007, c. 240, Pt. QQ, §6 (NEW). PL 2019, c. 225, §4 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 5: MISCELLANEOUS ACTIVITIES › 12 §6140-A. Atlantic salmon; method of fishing; season

§6140-A. Atlantic salmon; method of fishing; season
Unless more restrictive rules are adopted by the department, the following restrictions apply to methods of fishing and the season for Atlantic salmon.   [PL 2019, c. 225, §5 (AMD).]
1.  Catch and release only.
All fishing for Atlantic salmon is catch and release, except for Atlantic salmon lawfully raised by means of aquaculture.
[PL 2007, c. 240, Pt. QQ, §8 (NEW).]
2.  Method of fishing.
A person may not fish for Atlantic salmon in waters of the State by any means other than hook and line with an unweighted artificial fly.
[PL 2007, c. 240, Pt. QQ, §8 (NEW).]
3.  Closed season.
A person may not fish for Atlantic salmon from waters of the State by any means from October 16th to April 30th.
[PL 2007, c. 240, Pt. QQ, §8 (NEW).]
4.  Open season.
The department may establish by rule an open season during which a person may fish for Atlantic salmon. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[PL 2019, c. 225, §6 (AMD).]
SECTION HISTORY
PL 2007, c. 240, Pt. QQ, §8 (NEW). PL 2019, c. 225, §§5, 6 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 5: MISCELLANEOUS ACTIVITIES › 12 §6140-B. Unlawful fishing, possession or sale of Atlantic salmon

§6140-B. Unlawful fishing, possession or sale of Atlantic salmon
1.  Prohibition.
A person may not fish for Atlantic salmon in violation of the provisions of this Part.
[PL 2007, c. 240, Pt. QQ, §9 (NEW).]
2.  Possession of parts prohibited.
A person may not possess any part of an Atlantic salmon taken from the inland or coastal waters of this State.
[PL 2007, c. 240, Pt. QQ, §9 (NEW).]
3.  Sale of Atlantic salmon prohibited.
A person may not sell or offer for sale any Atlantic salmon taken from waters of the State, except Atlantic salmon lawfully raised by means of aquaculture.
[PL 2007, c. 240, Pt. QQ, §9 (NEW).]
4.  Exemptions.
The following are exempt from the possession prohibitions of this section:
A. Atlantic salmon imported from outside the State;   [PL 2007, c. 240, Pt. QQ, §9 (NEW).]
B. Atlantic salmon imported by taxidermists solely for taxidermy purposes; and   [PL 2007, c. 240, Pt. QQ, §9 (NEW).]
C. Atlantic salmon raised by means of aquaculture, except that Atlantic salmon raised in a hatchery for the purpose of restoration are not exempt.   [PL 2013, c. 301, §7 (AMD).]
[PL 2013, c. 301, §7 (AMD).]
5.  Incidental catch.
An individual engaged in recreational or commercial fishing for species other than Atlantic salmon does not commit a violation of this section as long as any incidental catch of an Atlantic salmon results in an immediate liberation alive into the adjacent waters of the State.
[PL 2007, c. 240, Pt. QQ, §9 (NEW).]
6.  Penalty.
A person who violates this section commits a Class E crime, and the court shall impose an additional fine of $500, none of which may be suspended, for each Atlantic salmon unlawfully possessed.
[PL 2007, c. 240, Pt. QQ, §9 (NEW).]
SECTION HISTORY
PL 2007, c. 240, Pt. QQ, §9 (NEW). PL 2013, c. 301, §7 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 606: FISHERIES MANAGEMENT RESEARCH › Subchapter 1: LOBSTER RESEARCH › 12 §6141. Lobster research program

§6141. Lobster research program
The commissioner shall establish a program of lobster research within the Bureau of Resource Management. The purpose of this program is to develop reliable scientific information for use in management decisions.   [PL 1995, c. 665, Pt. M, §1 (AMD).]
1.  Research.
The lobster research program shall include investigation of lobster population dynamics, reproductive behavior and migration patterns. Specific attention shall be given to evaluating the impacts of the State's v-notch program on the reproductive potential of lobster stocks.
[PL 1985, c. 677, §1 (NEW).]
2.  Policy investigations.
The commissioner shall develop in the lobster research program the capacity to systematically analyze the effects of conservation and management options. The analysis includes both the biological and economic components of the fishery. Options for policy analysis include, without limitation, changes in the lobster measures, seasons, limitations on effort and limitations on entry to the fishery. Analysis of these options shall be conducted cooperatively with the industry and the Lobster Advisory Council.
[PL 1985, c. 677, §1 (NEW).]
3.  Data collection.
The commissioner shall continue the lobster fisheries data collection project undertaken by the department since 1967. Continuity of data collection shall be ensured.
[PL 1985, c. 677, §1 (NEW).]
4.  Cooperation.
The commissioner shall cooperatively develop and coordinate the lobster research program with the University of Maine and the lobster industry.
[PL 1985, c. 677, §1 (NEW).]
5.  Report.
[PL 2011, c. 598, §14 (RP).]
6.  Funds.
All federal and state funds obtained and used by the department for lobster research shall be utilized to achieve the objectives of this subchapter.
[PL 1985, c. 677, §1 (NEW).]
SECTION HISTORY
PL 1985, c. 677, §1 (NEW). PL 1987, c. 694, §2 (AMD). PL 1995, c. 665, §M1 (AMD). PL 2011, c. 598, §14 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 607: REGULATIONS › Subchapter 1: REGULATION POWERS › 12 §6171-A. Protection of public health and safety and prevention of gear conflicts

§6171-A. Protection of public health and safety and prevention of gear conflicts
1.  Commissioner'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 Advisory Council, may adopt or amend such rules as the commissioner considers necessary to:
A. Protect public health;   [PL 2009, c. 528, §1 (NEW).]
B. Protect public safety;   [PL 2009, c. 528, §1 (NEW).]
C. Prevent property damage; or   [PL 2009, c. 528, §1 (NEW).]
D. Prevent gear conflicts and promote the optimum development of marine organisms.   [PL 2009, c. 528, §1 (NEW).]
Rules adopted in accordance with this subsection may include, but are not limited to, rules governing area closures when necessary to address conflicts among persons who fish commercially that may cause a threat of harm to a person.
[PL 2009, c. 528, §1 (RPR).]
2.  Limitations.
The limitations of section 6171, subsection 2 also apply to rules to prevent gear conflicts.
[PL 2009, c. 528, §1 (RPR).]
3.  Considerations.
In adopting rules to prevent gear conflicts, the commissioner shall consider:
A. Traditional uses of the marine organisms;   [PL 2009, c. 528, §1 (RPR).]
B. Total economic benefits to the area in which the organisms are harvested; and   [PL 2009, c. 528, §1 (RPR).]
C. Promotion of the optimum economic and biological management of marine resources.   [PL 2009, c. 528, §1 (RPR).]
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.
[PL 2009, c. 528, §1 (RPR).]
4.  Procedure.
[PL 1987, c. 100, §1 (RP).]
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.
[PL 2009, c. 528, §1 (RPR).]
5.  Emergency regulations.
[PL 1987, c. 100, §2 (RP).]
5-A.  Procedure.
The procedures of subchapter 2 must be used in adopting or amending rules authorized by this section.
[PL 2009, c. 528, §1 (RPR).]
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 528, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 427 (NEW). PL 1983, c. 645, §1 (AMD). PL 1987, c. 100, §§1-3 (AMD). PL 2009, c. 528, §1 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 607: REGULATIONS › Subchapter 1: REGULATION POWERS › 12 §6171-C. Protection of public health (REPEALED)

§6171-C. Protection of public health
(REPEALED)
SECTION HISTORY
PL 2005, c. 44, §1 (NEW). PL 2009, c. 528, §2 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 607: REGULATIONS › Subchapter 1: REGULATION POWERS › 12 §6173. Confidentiality of statistics

§6173. Confidentiality of statistics
1.  Collection and reporting of statistics.
The commissioner may, with the advice and consent of the advisory council, adopt rules to collect pertinent data with respect to the fisheries, including, but not limited to, information regarding the type and quantity of fishing gear used, catch by species in numbers of fish or weight, areas in which fishing was conducted, time of fishing, number of hauls and the estimated processing capacity of, and the actual processing capacity utilized by United States fish processors. The commissioner may collect statistics from any source and may require reporting of these statistics. The information collected by or reported to the commissioner is confidential and may not be disclosed in a manner or form that permits identification of any person or vessel, except when required by court order or when specifically permitted under this section. The commissioner may share data collected under this section with the National Marine Fisheries Service or successor organization for research or fisheries management purposes as long as federal laws and regulations protect the confidentiality of the shared data. The commissioner may share landings data collected under this subsection with the Bureau of Marine Patrol when necessary for the enforcement of reporting requirements under this section. The commissioner shall adopt rules to carry out the purposes of this section. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2013, c. 49, §1 (AMD).]
2.  Renewal of licenses.
If a holder of a license issued under this Part fails to provide information required under this section, the commissioner may refuse to renew that holder's license until the holder complies with the requirements of this section.
[PL 2003, c. 170, §1 (NEW).]
3.  Equipment required.
The commissioner may require a person licensed under chapter 625 to purchase specific equipment that is necessary to comply with rules regarding electronic reporting adopted pursuant to this section as a condition of engaging in the licensed activities.
[PL 2015, c. 201, §1 (NEW).]
4.  Reimbursement for equipment provided.
If the holder of a license issued under chapter 625 fails to pay a fee or charge for equipment that is necessary to comply with rules regarding electronic reporting adopted pursuant to this section and that was provided by the department and either not returned to the department by the license holder or returned in poor condition, the commissioner may refuse to renew or issue any marine resources license or permit to that license holder.
[PL 2015, c. 201, §1 (NEW).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1983, c. 9 (RPR). PL 1985, c. 268, §2 (AMD). PL 2003, c. 170, §1 (RPR). PL 2013, c. 49, §1 (AMD). PL 2015, c. 201, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 607: REGULATIONS › Subchapter 1: REGULATION POWERS › 12 §6173-B. Special licenses; mandatory quality control program; shellfish sanitation and depuration certificates; confidentiality of proprietary information

§6173-B. Special licenses; mandatory quality control program; shellfish sanitation and depuration certificates; confidentiality of proprietary information
Except as provided in subsections 1 and 2, information obtained by the department under this section is a public record as provided by Title 1, chapter 13, subchapter 1.   [PL 2013, c. 512, §3 (NEW).]
1.  Confidential information.
Information submitted to the department pursuant to provisions regarding special licenses for research, aquaculture or education under section 6074, surveillance and inspection of all segments of the State's fishing industries under section 6102 or the shellfish sanitation certificate and the depuration certificate under section 6856 may be designated by the submittor as proprietary information and as being only for the confidential use of the department, its agents and employees, other agencies of State Government, as authorized by the Governor, and the Attorney General. The designation must be clearly indicated on each page or other unit of information. The commissioner shall establish procedures to ensure that information so designated is segregated from public records of the department. The department's public records must include the indication that information so designated has been submitted to the department, giving the name of the submittor and the general nature of the information. Upon a request for information the scope of which includes information so designated, the commissioner shall notify the submittor. Within 15 days after receipt of the notice, the submittor shall demonstrate to the satisfaction of the department that the designated information should not be disclosed because the information is proprietary information. Unless such a demonstration is made, the information must be disclosed and becomes a public record. The department may grant or deny disclosure for all or any part of the designated information requested and within 15 days shall give written notice of the decision to the submittor and the person requesting the designated information. A person aggrieved by a decision of the department under this subsection may appeal to the Superior Court.
[PL 2013, c. 512, §3 (NEW).]
2.  Release information.
The commissioner may not release information designated under subsection 1 prior to the expiration of the time allowed for the filing of an appeal or to the rendering of the decision on any appeal.
[PL 2013, c. 512, §3 (NEW).]
3.  Definition.
For purposes of this section, "proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available.
[PL 2013, c. 512, §3 (NEW).]
SECTION HISTORY
PL 2013, c. 512, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 607: REGULATIONS › Subchapter 1: REGULATION POWERS › 12 §6174. Rules as law; proof of rules; penalty

§6174. Rules as law; proof of rules; penalty
1.  Rules as law.
All rules adopted by the commissioner have the force of law.
[PL 2003, c. 248, §3 (AMD).]
2.  Proof of rules.
A certified copy of a rule is admissible in court to prove the rule and is prima facie evidence that the rule was properly adopted. A rule must be personally certified by the commissioner, deputy commissioner or Chief of the Bureau of Marine Patrol and must be accompanied by a signed statement that it was in force on the date of the alleged violation. The certified copy is admissible in evidence on the testimony of a marine patrol officer that the patrol officer received the certified rule after requesting it by telephone or otherwise from the department. No further foundation is necessary for the admission of the certified copy.
[PL 2003, c. 248, §3 (AMD).]
3.  Penalty.
Whoever violates a rule commits a civil violation for which a fine of not less than $100 for each violation may be adjudged, unless another penalty is provided.
[PL 2021, c. 168, §3 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 2003, c. 248, §3 (AMD). PL 2021, c. 168, §3 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 607: REGULATIONS › Subchapter 1: REGULATION POWERS › 12 §6175. Alternative bait

§6175. Alternative bait
The commissioner may adopt rules to regulate the use of alternative bait in marine fisheries. For the purposes of this section, "alternative bait" means any bait that does not naturally originate from the ocean. Rules adopted pursuant to this section must be adopted in accordance with the procedures in subchapter 2 and are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2005, c. 203, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 203, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 607: REGULATIONS › Subchapter 1: REGULATION POWERS › 12 §6176. Commercial fishing safety

§6176. Commercial fishing safety
The commissioner may adopt commercial fishing safety rules recommended by the Commercial Fishing Safety Council. Rules authorized by this section must be adopted and amended in accordance with the procedures outlined in subchapter 2 and are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2005, c. 505, §5 (NEW).]
SECTION HISTORY
PL 2005, c. 505, §5 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 607: REGULATIONS › Subchapter 2: REGULATION PROCEDURE › 12 §6191. Rulemaking

§6191. Rulemaking
1.  Procedures.
In adopting or amending any rule, the commissioner shall use the procedures required for rulemaking under the Maine Administrative Procedure Act and the additional requirements of this subchapter.
[PL 2011, c. 527, §3 (AMD).]
2.  Other requirements.
A. A public hearing may be held but is not required unless it is requested by an interested person.   [PL 1977, c. 661, §5 (NEW).]
B. The person conducting the hearing shall record and retain all relevant evidence provided at the hearing.   [PL 1977, c. 661, §5 (NEW).]
C. A rule may not be adopted or amended without the advice and consent of the advisory council, except as provided in section 6192, subsection 2.   [PL 2011, c. 527, §4 (AMD).]
[PL 2011, c. 527, §4 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 2003, c. 248, §4 (AMD). PL 2007, c. 692, §1 (AMD). PL 2011, c. 527, §§3, 4 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 607: REGULATIONS › Subchapter 2: REGULATION PROCEDURE › 12 §6193. Exemption from requirement to supply copies (REPEALED)

§6193. Exemption from requirement to supply copies
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1999, c. 790, §A11 (AMD). PL 2011, c. 527, §8 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 607: REGULATIONS › Subchapter 2: REGULATION PROCEDURE › 12 §6194. Shellfish area closure status notification (REPEALED)

§6194. Shellfish area closure status notification
(REPEALED)
SECTION HISTORY
PL 2007, c. 692, §2 (NEW). PL 2011, c. 527, §9 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 609: ENFORCEMENT › 12 §6201. Prosecution by district attorney

§6201. Prosecution by district attorney
Each district attorney shall prosecute all violations of marine resources' laws occurring within the district attorney's county when requested by the commissioner, a marine patrol officer or other person authorized to enforce any provision of marine resources' laws.   [RR 2021, c. 2, Pt. B, §36 (COR).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1979, c. 541, §B73 (AMD). RR 2021, c. 2, Pt. B, §36 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 609: ENFORCEMENT › 12 §6202. Jurisdiction

§6202. Jurisdiction
The District Court shall have concurrent original jurisdiction with the Superior Court in all prosecutions under the marine resources' laws.   [PL 1977, c. 661, §5 (NEW).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 609: ENFORCEMENT › 12 §6203. Court procedure

§6203. Court procedure
The provisions of Titles 14 and 15 relating to court procedure shall apply in all prosecutions under the marine resources' laws.   [PL 1977, c. 661, §5 (NEW).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 609: ENFORCEMENT › 12 §6204. General penalty

§6204. General penalty
A violation of any provision of marine resources' laws is a Class D crime, unless another penalty has been expressly provided. Except as otherwise specifically provided, these crimes are strict liability crimes as defined in Title 17-A, section 34, subsection 4-A.   [PL 2003, c. 452, Pt. F, §7 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 2003, c. 248, §6 (AMD). PL 2003, c. 452, §F7 (AMD). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 609: ENFORCEMENT › 12 §6205. Certificate as evidence

§6205. Certificate as evidence
A certificate of the commissioner, deputy commissioner or Chief of the Bureau of Marine Patrol stating what the records of the department show is admissible as evidence in all courts as proof of the department records. A certificate stating that the records do not show that a person held a license is prima facie evidence that the person did not hold the license on the date specified in the certificate. The certified copy is admissible in evidence on the testimony of an officer that the officer received the certificate after requesting it by telephone or otherwise from the department. A further foundation is not necessary for the admission of the certificate.   [RR 2021, c. 2, Pt. B, §37 (COR).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1979, c. 541, §B73 (AMD). RR 2021, c. 2, Pt. B, §37 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 609: ENFORCEMENT › 12 §6208. Marine resources' citation form

§6208. Marine resources' citation form
1.  Form.
The commissioner shall designate the Uniform Summons and Complaint as the citation form to be used by the Bureau of Marine Patrol, except that the commissioner may permit the use of any citation forms approved by the Chief Judge of the District Court before May 1, 1991 that are in current stock as of May 1, 1991 until those stocks are depleted.
[PL 1991, c. 459, §1 (AMD).]
2.  Responsibility for issuance and disposition.
Responsibility for issuance and disposition is as follows.
A. The commissioner is responsible for all marine resources' citation forms approved by the Chief Judge of the District Court prior to May 1, 1991. The Department of Public Safety is responsible for all Uniform Summons and Complaint forms issued by the Bureau of Marine Patrol. The commissioner or the commissioner's designee is responsible for the further issuance of Uniform Summons and Complaint books to individual law enforcement officers and the proper disposition of those books.   [PL 1991, c. 459, §1 (AMD).]
B.   [PL 1991, c. 459, §1 (RP).]
[PL 1991, c. 459, §1 (AMD).]
3.  Illegal disposition; prohibited act.
It is unlawful and official misconduct for any marine patrol officer or other public employee to dispose of an official citation form or Uniform Summons and Complaint, except in accordance with law and as provided for in any applicable official policy or procedure of the Bureau of Marine Patrol.
[PL 1991, c. 459, §1 (AMD).]
4.  When a lawful complaint.
If the citation provided for in this section or a Uniform Summons and Complaint is duly sworn to as required by law and otherwise legally sufficient in respect to the form of a complaint and charging an offense, it may be filed in a court having jurisdiction and constitutes a lawful complaint for the purpose of the commencement of any criminal prosecution or civil violation proceeding.
[PL 1991, c. 459, §1 (AMD).]
5.  When a lawful summons.
A citation as provided for in this section or a Uniform Summons and Complaint, when served upon a person by a law enforcement officer, acts as a summons to appear in court or to otherwise respond in accordance with law on or before the date specified in the summons. Any person who fails to appear in court as directed by the summons or to otherwise respond in accordance with law on or before the date specified in the summons commits a Class E crime. Upon that person's failure to appear or to respond in accordance with law, the court may issue a warrant of arrest. It is an affirmative defense to prosecution under this subsection that the failure to appear or to respond resulted from just cause.
[PL 1991, c. 459, §1 (AMD).]
6.  Refusal to sign; prohibited act.
Any person who refuses to sign a citation or Uniform Summons and Complaint after having been ordered to do so by a law enforcement officer commits a Class E crime.
[PL 1991, c. 459, §1 (AMD).]
SECTION HISTORY
PL 1985, c. 481, §A37 (NEW). PL 1987, c. 513, §3 (AMD). PL 1991, c. 459, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 609: ENFORCEMENT › 12 §6209. Commissioner to keep records

§6209. Commissioner to keep records
The commissioner shall collect and maintain criminal history record information pertinent to violations of chapters 601 to 627. The commissioner may collect and maintain other records and information pertinent to other functions of the department, including the enforcement of civil violations.   [RR 2021, c. 2, Pt. B, §47 (COR).]
SECTION HISTORY
PL 1987, c. 281, §1 (NEW). RR 2021, c. 2, Pt. B, §47 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 611: SALMON COMMISSION (REPEALED) › 12 §6251. Commission; members; compensation; chairman (REPEALED)

§6251. Commission; members; compensation; chairman
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1981, c. 433, §5 (AMD). PL 1983, c. 812, §§82,83 (AMD). PL 1985, c. 481, §A38 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 611: SALMON COMMISSION (REPEALED) › 12 §6251-A. Atlantic Sea Run Salmon Commission (REPEALED)

§6251-A. Atlantic Sea Run Salmon Commission
(REPEALED)
SECTION HISTORY
PL 1985, c. 481, §A39 (NEW). PL 1985, c. 785, §B68 (AMD). PL 1987, c. 526, §§3-6 (AMD). PL 1995, c. 406, §6 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 611: SALMON COMMISSION (REPEALED) › 12 §6252. Purchase of lands and rights; dams and other structures (REPEALED)

§6252. Purchase of lands and rights; dams and other structures
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1985, c. 481, §A40 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 611: SALMON COMMISSION (REPEALED) › 12 §6252-A. Powers (REPEALED)

§6252-A. Powers
(REPEALED)
SECTION HISTORY
PL 1985, c. 481, §A41 (NEW). PL 1995, c. 406, §6 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 611: SALMON COMMISSION (REPEALED) › 12 §6253. Conservation regulations (REPEALED)

§6253. Conservation regulations
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1981, c. 433, §6 (AMD). PL 1983, c. 680, §2 (AMD). PL 1985, c. 481, §A42 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 611: SALMON COMMISSION (REPEALED) › 12 §6254. Head of tide; Union River (REPEALED)

§6254. Head of tide; Union River
(REPEALED)
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1995, c. 406, §6 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 611: SALMON COMMISSION (REPEALED) › 12 §6255. Atlantic salmon license (REPEALED)

§6255. Atlantic salmon license
(REPEALED)
SECTION HISTORY
PL 1983, c. 680, §3 (NEW). PL 1985, c. 268, §§3,4 (AMD). PL 1985, c. 703, §§2-4 (AMD). PL 1987, c. 690, §§2-4 (AMD). PL 1989, c. 463 (AMD). PL 1993, c. 419, §1 (AMD). PL 1995, c. 406, §6 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 611: SALMON COMMISSION (REPEALED) › 12 §6256. Registration of Atlantic salmon (REPEALED)

§6256. Registration of Atlantic salmon
(REPEALED)
SECTION HISTORY
PL 1985, c. 703, §5 (NEW). PL 1987, c. 690, §§5-8 (AMD). PL 1995, c. 406, §6 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 615: GENERAL LICENSE PROVISIONS › 12 §6302. General exceptions

§6302. General exceptions
Notwithstanding any licensing provision, a license or certificate is not required for a person to:   [PL 1997, c. 544, §1 (AMD).]
1.  Personal use.
Possess or transport any marine organism that has been lawfully acquired and is for personal use. A receipt or bill of sale is required for lawful acquisition;
[PL 1997, c. 544, §1 (AMD).]
2.  Common carrier.
Carry any marine organism by a common carrier; or
[PL 2009, c. 523, §4 (AMD).]
3.  Hermetically sealed containers.
Buy, sell, ship or transport within or beyond the state limits or possess any marine organism that is in a hermetically sealed container.
[PL 2009, c. 523, §5 (AMD).]
4.  Retail sale of certain seafood products.
[PL 2009, c. 523, §6 (RP).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1997, c. 544, §1 (AMD). PL 2009, c. 523, §§4-6 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 615: GENERAL LICENSE PROVISIONS › 12 §6303. Application

§6303. Application
1.  Forms.
Application shall be made on forms furnished by the commissioner.
[PL 1977, c. 661, §5 (NEW).]
2.  Misrepresentation or error.
Any license issued through misrepresentation or misstatement shall be void. Any license issued through error shall be void after notice to the holder.
[PL 1977, c. 661, §5 (NEW).]
3.  Satisfactory answers.
Failure or refusal to satisfactorily answer any question on or about the application shall be a basis for denying the application.
[PL 1977, c. 661, §5 (NEW).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 615: GENERAL LICENSE PROVISIONS › 12 §6304. Fees

§6304. Fees
1.  One-half fee after September 30th.
[PL 1993, c. 499, §1 (RP).]
2.  Duplication.
Licenses that have been lost or destroyed must be reissued at a cost of $6.
[PL 2009, c. 213, Pt. G, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1993, c. 499, §1 (AMD). PL 2003, c. 20, §WW1 (AMD). PL 2009, c. 213, Pt. G, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 615: GENERAL LICENSE PROVISIONS › 12 §6304-A. Coastal Fisheries, Research Management and Opportunity Fund

§6304-A. Coastal Fisheries, Research Management and Opportunity Fund
The Coastal Fisheries, Research Management and Opportunity Fund, referred to in this section as "the fund," is established within the department. For each license or permit issued under this Part, 30% of the fee charged must be deposited into the fund. The fund must be used to fund scientific research, management or enforcement activities related to marine resources. Unexpended balances in the fund at the end of a fiscal year do not lapse but must be carried forward to the next fiscal year. Any interest earned by the fund must be credited to the fund.   [PL 2017, c. 284, Pt. EEEEE, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 284, Pt. EEEEE, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 615: GENERAL LICENSE PROVISIONS › 12 §6305. Possession of license, photo identification and transaction card

§6305. Possession of license, photo identification and transaction card
1.  Exhibit on demand.
When any person is engaged in an activity that is licensed under marine resources' laws, that person shall have that license in that person's actual possession and shall, on the request of a marine patrol officer or other authorized person, exhibit that person's license.
[PL 2013, c. 468, §9 (AMD).]
1-A.  Photo identification.
When a person is engaged in an activity for which a license is required under section 6302‑A, subsection 3, paragraph E, E‑1, F or G or section 6505‑A, that person shall have a government-issued identification card with that person's photograph and date of birth in that person's actual possession and shall, on the request of a marine patrol officer or other authorized person, present the government-issued identification card with that person's photograph and date of birth.
[PL 2013, c. 468, §9 (AMD).]
1-B.  Elver transaction card.
When a person is engaged in an activity for which a license is required under section 6302‑A, subsection 3, paragraph E, E‑1, F or G or section 6505‑A, that person shall have the elver transaction card issued by the department under section 6505‑A to that person in that person's actual possession and shall, on the request of a marine patrol officer or other authorized person, present the elver transaction card.
[PL 2013, c. 468, §9 (NEW).]
2.  Prima facie evidence.
A failure to exhibit a license and an elver transaction card if an elver transaction card is required within a reasonable time, when requested, is prima facie evidence that the person is not licensed.
[PL 2013, c. 468, §9 (AMD).]
3.  Crew members.
If crew members are included in the license for any operation, any bona fide crew member may carry out that operation if the license is in that crew member's possession.
[PL 2013, c. 468, §9 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 2013, c. 49, §2 (AMD). PL 2013, c. 468, §9 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 615: GENERAL LICENSE PROVISIONS › 12 §6306. Consent to inspection; violation

§6306. Consent to inspection; violation
1.  Consent to inspection.
Any person who signs an application for a license or aquaculture lease or receives a license or aquaculture lease under this Part has a duty to submit to inspection and search for violations related to the licensed activities by a marine patrol officer under the following conditions.
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.   [PL 2009, c. 229, §14 (AMD).]
B. Any other location where activities subject to this Part are conducted may be inspected or searched during the hours when those activities occur.   [PL 1987, c. 713, §2 (NEW).]
C. A location specified in paragraph B may be inspected at any time if a marine patrol officer has a reasonable suspicion of a violation of this Part.   [PL 1987, c. 713, §2 (NEW).]
D. No residential dwelling may be searched without a search warrant unless otherwise allowed by law.   [PL 1987, c. 713, §2 (NEW).]
[PL 2009, c. 229, §14 (AMD).]
2.  Seizure of evidence.
Any person who signs an application for a license or aquaculture lease or receives a license or aquaculture lease under this Part has a duty to permit seizure of evidence of a violation of marine resources laws found during an inspection or search.
[PL 2009, c. 229, §14 (AMD).]
3.  Refusal.
Refusal to permit inspection or seizure is a basis for suspension of any or all licenses under this chapter or revocation of aquaculture leases.
[PL 2009, c. 229, §14 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1987, c. 713, §2 (AMD). PL 1989, c. 348, §4 (AMD). PL 2009, c. 229, §14 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 615: GENERAL LICENSE PROVISIONS › 12 §6307. Misstatement or misrepresentation

§6307. Misstatement or misrepresentation
It shall be unlawful to intentionally or knowingly make a misstatement or misrepresentation on an application for a license or certificate.   [PL 1977, c. 661, §5 (NEW).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 615: GENERAL LICENSE PROVISIONS › 12 §6308. Compliance with support orders; license qualifications and conditions

§6308. Compliance with support orders; license qualifications and conditions
In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as prescribed by the various acts of the department, applicants for licensure or registration, licensees renewing their licenses and existing licensees must also comply with the requirements of Title 19-A, section 2201.   [PL 1997, c. 537, §4 (AMD); PL 1997, c. 537, §62 (AFF).]
SECTION HISTORY
PL 1993, c. 410, §V2 (NEW). PL 1995, c. 694, §D9 (AMD). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 537, §4 (AMD). PL 1997, c. 537, §62 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 2: LICENSING › Chapter 615: GENERAL LICENSE PROVISIONS › 12 §6309. Licensees not in compliance with a court order of support; enforcement of parental support obligations

§6309. Licensees not in compliance with a court order of support; enforcement of parental support obligations
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Compliance with a support order" means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:
(1) No more than 60 days in arrears in making any of the following payments:
(a) Payments in full for current support;
(b) Periodic payments on a support arrearage pursuant to a written agreement with the Department of Health and Human Services; and
(c) Periodic payments as set forth in a support order; and
(2) No more than 30 days in arrears in making payments as described in subparagraph (1) if the obligor has been in arrears for more than 30 days in making payments as described in subparagraph (1) at least 2 times within the past 24 months.   [PL 2003, c. 396, §3 (RPR); PL 2003, c. 689, Pt. B, §6 (REV).]
B. "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief.   [PL 2003, c. 396, §3 (RPR).]
[PL 2003, c. 396, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
2.  Noncompliance with a support order.
An applicant for the issuance or renewal of a license or an existing licensee regulated by the department under this subpart who is not in compliance with a support order is subject to the requirements of Title 19‑A, section 2201.
[PL 2003, c. 396, §4 (AMD).]
SECTION HISTORY
PL 1993, c. 410, §V2 (NEW). PL 1995, c. 694, §D10 (AMD). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 537, §5 (AMD). PL 1997, c. 537, §62 (AFF). PL 2003, c. 396, §§3,4 (AMD). PL 2003, c. 689, §B6 (REV).