2010 Maine Code
TITLE 12: CONSERVATION
Chapter 607: REGULATIONS
12 §6171. Conservation and propagation of marine organisms

Part 9: MARINE RESOURCES

Subpart 1: ADMINISTRATION

Subchapter 1: REGULATION POWERS

§6171. Conservation and propagation of marine organisms

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Commissioner's powers. The commissioner may investigate conditions affecting marine resources and, with the advice and consent of the advisory council, may adopt or amend such regulations as he deems necessary to promote the conservation and propagation of marine organisms.

[ 1977, c. 661, §5 (NEW) .]

2. Limitations. A regulation authorized under this section may only limit the taking of marine organisms by one or more of the following:

A. Time; [1977, c. 661, §5 (NEW).]

B. Method; [1977, c. 661, §5 (NEW).]

C. Number; [1977, c. 661, §5 (NEW).]

D. Weight; [1977, c. 661, §5 (NEW).]

E. Length; or [1977, c. 661, §5 (NEW).]

F. Location. [1977, c. 661, §5 (NEW).]

[ 1985, c. 703, §1 (AMD) .]

2-A. Management plans. The commissioner may only adopt a management plan or other policy on the conservation or regulation of marine organisms after prior notice and public hearing and with the advice and consent of the advisory council.

[ 1979, c. 404, (NEW) .]

3. Emergency regulations. The commissioner may adopt or amend regulations under the emergency procedures, if immediate action is necessary to protect or conserve any marine organism from unusual damage or imminent depletion. An unusually large concentration of fishermen which might deplete the supply of any marine organism shall justify adopting emergency regulations.

[ 1977, c. 661, §5 (NEW) .]

4. Procedure. The procedures of subchapter II shall be used in adopting or amending regulations authorized by this section.

[ 1977, c. 661, §5 (NEW) .]

5. Rules to limit taking of marine organisms. The commissioner may adopt rules that limit the taking of a marine organism for the purpose of protecting another marine organism.

A. Rules adopted pursuant to this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. [2007, c. 574, §1 (NEW).]

B. (TEXT EFFECTIVE UNTIL 7/31/12) (TEXT REPEALED 7/31/12) If the commissioner determines that for biological reasons a rule adopted under this section must take effect prior to final adoption under paragraph A, the commissioner may adopt the rule as a routine technical rule pursuant to Title 5, chapter 375, subchapter 2-A. A rule adopted under this paragraph is effective until 90 days after the adjournment of the next regular session of the Legislature. Rules adopted pursuant to this paragraph must also be submitted to the Legislature under paragraph A. The commissioner may not adopt rules under Title 5, section 8054 pursuant to this paragraph.

This paragraph is repealed July 31, 2012. [2007, c. 574, §1 (NEW).]

[ 2007, c. 574, §1 (RPR) .]

SECTION HISTORY

1977, c. 661, §5 (NEW). 1979, c. 404, (AMD). 1983, c. 680, §1 (AMD). 1985, c. 703, §1 (AMD). 1997, c. 123, §2 (AMD). 2007, c. 157, §1 (AMD). 2007, c. 574, §1 (AMD).