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Title 12 - §6021-A. Marine Products Marketing Program

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6021-A. Marine Products Marketing Program

The Marine Products Marketing Program is established to encourage, promote and provide for direct participation of Maine seafood producers in joint public and private market development programs. The commissioner may enter into agreements or cooperative arrangements with any person for the purpose of advertising and increasing the sale and consumption of seafood products. The commissioner may receive, administer and disburse any funds or contributions from these persons, either independently or in conjunction with state funds allocated to the purpose, provided that funds so contributed shall be used only for the purposes of market development programs. [1989, c. 57, §1 (new).]
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6021. Purpose

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6021. Purpose

The Department of Marine Resources is established to conserve and develop marine and estuarine resources; to conduct and sponsor scientific research; to promote and develop the Maine coastal fishing industries; to advise and cooperate with local, state and federal officials concerning activities in coastal waters; and to implement, administer and enforce the laws and regulations necessary for these enumerated purposes, as well as the exercise of all authority conferred by this Part. [1977, c. 661, § 5 (new).]
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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §6022. Commissioner's appointment, duties and powers

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6022. Commissioner's appointment, duties and powers

1. Appointment and term. The commissioner shall be appointed by the Governor and shall be subject to review by the Joint Standing Committee on Marine Resources and to confirmation by the Legislature. The commissioner shall serve at the pleasure of the Governor. [1985, c. 481, Pt. A, § 34 (amd).]

2. General powers. The commissioner shall be responsible for the administration and enforcement of all marine resources' laws and shall have all the powers of a marine patrol officer. He shall maintain records of all leases, certificates or licenses issued by the commissioner or required to be filed under section 6027. [1979, c. 541, Pt. B, § 73 (amd).]

3. Organization and personnel. The commissioner shall organize the department into the administrative units which the commissioner decides are necessary to carry out its duties. The commissioner shall hire all necessary employees of the department subject to the Civil Service Law, except that persons in the following positions shall be appointed by and serve at the pleasure of the commissioner: Deputy Commissioner; Chief, Bureau of Marine Patrol; and Assistant to the Commissioner for Public Information. The Chief of the Bureau of Marine Patrol shall be appointed from among the patrol personnel of the bureau with the rank of sergeant or higher. In the event that the Chief of the Bureau of Marine Patrol is not reappointed, that person shall have the right to be restored to the classified position from which that person shall have been promoted or to a position equivalent thereto in salary grade without impairment of that person's personnel status or the loss of seniority, retirement or other rights to which uninterrupted service in the classified position would have entitled that person. If that person's service in the position of Chief of the Bureau of Marine Patrol shall be terminated for cause, that person's right to be so restored shall be determined by the State Civil Service Appeals Board. [1989, c. 348, §3 (amd).]

4. Warden code. The commissioner shall prepare a written code governing the operating procedures of the Bureau of Marine Patrol services for submission to the Director of Human Resources. The code shall become effective when approved by the Director of Human Resources. [1985, c. 785, Pt. B, § 66 (amd).]

5. Property. The commissioner may acquire and hold any right or interest in real or personal property on behalf of the State. [1977, c. 661, § 5 (new).]

6. Enforcement agreements. The commissioner may enter into reciprocal enforcement agreements with political subdivisions of the State and with other states, regional authorities and the Federal Government. Pursuant to these agreements, the commissioner may designate and deputize federal law enforcement personnel and law enforcement personnel from other states to enforce marine resource laws and rules. In that event, the commissioner shall designate the specific laws and rules to be enforced. Agents so deputized may enforce those laws and rules so designated by the commissioner. Agents so deputized by the commissioner shall have the powers of a marine patrol officer, as defined in section 6025. [1985, c. 24, § 2 (amd).]

7. Report. The commissioner shall report to the Governor and Legislature every 2 years. This report shall include a detailed statement of the department's actions and functions and a survey of the present state of the state's fishing industries and their anticipated future, including statistics and data. The report may include those recommendations for amendments to the laws and licensing procedures of the marine resources' laws as may be necessary for the operation of the department. The report shall cover the period ending June 30th of each even-numbered year and shall be due within 6 months of the end of the period which it covers. [1977, c. 661, § 5 (new).]

8. Pamphlet laws. The commissioner shall publish a pamphlet of the sections of this Part as soon as possible after the adjournment of the first regular session of each Legislature. In addition, the commissioner may publish any other laws or regulations. [1977, c. 661, § 5 (new).]

9. Federal expenditures. The commissioner may accept federal funds for use in department programs and to do such acts as are consistent with the powers of the commissioner and as are necessary to carry out federal laws pursuant to which those funds are provided. The commissioner may accept any other funds as may be available to carry out the purposes of the department. [1977, c. 661, § 5 (new).]

10. Ecological impact. The commissioner shall advise the United States Army Corps of Engineers, the Department of Transportation, the Department of Environmental Protection and appropriate state agencies on the ecological effects of dredging, filling and depositing of soil or otherwise altering coastal wetlands, whether these actions will affect adversely estuarine or marine fisheries and what mitigation or compensatory measures are available. The commissioner shall also recommend to these agencies whether dredging, filling or otherwise altering coastal wetlands is permitted under current state and federal wetland rules and regulations. [1989, c. 501, Pt. P, §21 (amd).]

11. Interagency cooperation. The commissioner shall consult with, offer advice to and cooperate with the State Planning Office, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife and the Department of Conservation in carrying out his duties, and these agencies shall do the same in carrying out their duties. Cooperation shall include the exchange of information and the filing of copies of any application, petition, request, report or similar document which may bear upon the responsibilities of any of these departments. Details of those exchanges shall be worked out by the heads of the departments. [1977, c. 661, § 5 (new).]

12. Regulations. The commissioner may make regulations as authorized by marine resources' laws. [1977, c. 661, § 5 (new).]

13. State map. [1989, c. 502, Pt. A, §35 (rp).]

14. Brands, labels and marks. The commissioner may develop, design and register brands, labels or marks, as that term is used in Title 10, section 1521, subsection 3, for identifying marine resource products packed in accordance with official grades and standards established by the department and shall furnish information to packers and shippers as to where these labels and marks may be obtained. A written application to the commissioner requesting permission to use these brands, labels or marks and a written acceptance thereto from the commissioner shall be a condition precedent to the use of these brands, labels or marks. The right to use these brands, labels or marks may be suspended or revoked by the commissioner according to the procedures set forth in section 6101, subsections 6 to 8, whenever it appears on investigation that they have been used to identify marine resource products not conforming to the grades or standards indicated. [1981, c. 684, § 8 (new).]

15. Revolving fund. The commissioner may prepare and distribute printed and audio-visual materials on matters within his statutory jurisdiction. There is established within the department a revolving fund to cover the printing and distribution costs of these materials. The commissioner shall fix the prices at which publications of the department may be sold or delivered. The department shall retain, without charge, an appropriate number of each publication for complimentary distribution. Income from the sale of publications that were charged to the revolving fund and any other moneys the commissioner may receive, from whatever source, consistent with the purposes of this section, shall be credited to the revolving fund to be used as a continuing carrying account to carry out the purposes of the fund. [1983, c. 286, § 1 (new).]

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Augusta, Maine 04333-0007Title 12 - §6023. Deputy commissioner

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6023. Deputy commissioner

The commissioner shall designate a deputy commissioner, who shall serve at the pleasure of the commissioner. The deputy commissioner shall be responsible, under the direction of the commissioner, for the administration and enforcement of the marine resources' laws and shall have all the powers of a marine patrol officer. He shall serve as the commissioner in the commissioner's absence or disability or if the office of the commissioner becomes vacant. The commissioner may appoint an appropriate administrative officer in the department to perform the functions of the commissioner if both the commissioner and deputy commissioner are disabled or absent. [1979, c. 541, Pt. B, §73 (amd).]
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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §6024. Advisory council

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6024. Advisory council

1. Appointment; composition; term; compensation. [1989, c. 8, §1 (amd); c. 503, Pt. B, §§59, 60 (rp).]

1-A. Appointment; composition; term; compensation. The Marine Resources Advisory Council, established by Title 5, section 12004-G, subsection 27, consists of 15 members. The Chair of the Lobster Advisory Council and the chair of the Marine Recreational Fishing Advisory Council are ex officio members of the council. Each other member is appointed by the Governor and is subject to review by the joint standing committee of the Legislature having jurisdiction over marine resources and to confirmation by the Legislature. Seven members must be persons who are licensed under this Part to engage in commercial harvesting activities. Those 7 members are selected by the Governor from names recommended to the Governor by groups representing commercial harvesting interests. Each member must represent a different commercial harvesting activity, except that none of those 7 members may represent lobster harvesters. The remaining 6 members must include one public member, 4 persons who hold a nonharvesting-related license under this Part and one person representing the aquaculture industry. The Governor shall select the person to represent the aquaculture industry from among the names recommended by the aquaculture industry. The composition of the council must reflect a geographical distribution along the coast. All appointed members are appointed for a term of 3 years, except a vacancy must be filled in the same manner as an original member for the unexpired portion of the term. An appointed member may not serve for more than 2 consecutive terms. Appointed members serve until their successors are appointed. The Chair of the Lobster Advisory Council and the chair of the Marine Recreational Fishing Advisory Council shall serve until a new Chair of the Lobster Advisory Council or a new chair of the Marine Recreational Fishing Advisory Council, respectively, is chosen. Members are compensated as provided in Title 5, chapter 379. [1999, c. 85, §2 (amd).]

2. Powers and duties; meetings; officers. The council shall give the commissioner information and advice concerning the administration of the department and carry out other duties specifically delegated by marine resources' laws. The council shall hold regular quarterly meetings with the commissioner, or the commissioner's designee, and may hold special meetings at any time. The council shall elect one of its members as chair, one as vice-chair and one as secretary, all for a term of one year, at the first regular meeting in each year. The officers have the following duties.

A. The chair shall call and preside at all meetings of the council. [1995, c. 382, §3 (amd).]

B. The vice-chair shall call and preside at all meetings of the council in the chair's absence. [1995, c. 382, §3 (amd).]

C. The secretary shall cause records to be taken and to be preserved of all meetings of the council. [1977, c. 661, §5 (new).]

[1995, c. 382, §3 (amd).]

3. Quorum. A quorum shall be a majority of the current members of the council. [1977, c. 661, §5 (new).]

4. Council actions. An affirmative vote of a majority of the members present at a meeting or polled shall be required for any action. No action may be considered unless a quorum is present or, if there is no meeting, a quorum responds to a written poll. [1977, c. 661, §5 (new).]

5. Research oversight. The commissioner shall annually report to the council on the research of the department. The report shall include the present research plan and its implementation, any necessary revision of the plan and its necessary extension over the planning period. The council may appoint marine scientists, who are not employees of the department, to advise it in considering the research plan. After completing its review, the council shall report the plan, and any recommendations or comments, to the joint standing committee of the Legislature having jurisdiction over marine resources. [1985, c. 481, Pt. A, §36 (amd).]

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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6025-A. New Hampshire marine patrol (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6025-A. New Hampshire marine patrol (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2003, c. 519, §2) div>
A member of the New Hampshire marine patrol who, in the course of patrolling the waters of the Piscataqua River or Portsmouth Harbor, observes activity that the officer reasonably suspects may result in loss of life, widespread injury or widespread and severe property damage has authority to enter Maine and has the same authority to investigate, detain and execute an arrest as a Maine marine patrol officer. When a member of the New Hampshire marine patrol is engaged in Maine in carrying out the purpose of this subsection, that member has all the same privileges and immunities as Maine marine patrol officers in addition to privileges and immunities available under New Hampshire law. [2003, c. 519, §1 (new); §2 (aff).] div>
The commissioner shall immediately notify the Secretary of State of New Hampshire if this section is repealed or amended to significantly alter its application. [2003, c. 519, §1 (new); §2 (aff).] p align="center">12 §06025-A p align="center">New Hampshire marine patrol p align="center"> (WHOLE SECTION TEXT REPEALED ON CONTINGENCY: See PL 2003, c. 519, §2)
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6025. Marine patrol officers

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6025. Marine patrol officers

1. Appointment. Applicants for the position of a marine patrol officer who qualify under the officer's code and pass the examination administered by the Bureau of Human Resources may be appointed by the commissioner to hold office under Title 5, chapters 51 to 67 and under the officer's code. [1985, c. 785, Pt. B, § 67 (amd).]

2. Fees and other offices. Except before the District Court, officers are allowed the same fees as sheriffs and their deputies for like service which must be paid to the commissioner for use of the State. Officers may not hold any other state, county or municipal office for which they receive compensation, except elected positions in municipal or county government. [2001, c. 340, §1 (amd).]

3. Powers and duties. Officers shall enforce all marine resources' laws and may arrest and prosecute all violators. They may serve all process pertaining to marine resources' laws. They shall have jurisdiction and authority in all areas where the laws for which they have responsibility apply. In addition to their specified powers and duties, the marine patrol officers are vested with the authority to enforce all laws of the State and may arrest for violations of any criminal laws. Any officer may require suitable aid in the execution of the duties of his office. Marine patrol officers may receive complete law enforcement training within one year from the date of employment and in-service training privileges at the Maine Criminal Justice Academy. [1979, c. 541, Pt. B, § 14 (amd).]

4. Search powers. Any marine patrol officer, in uniform, may search without a warrant and examine any watercraft, aircraft, conveyance, vehicle, box, bag, locker, trap, crate or other receptacle or container for any marine organism when he has probable cause to believe that any marine organism taken, possessed or transported contrary to law is concealed thereon or therein. [1981, c. 433, § 2 (amd).]

5. Sheriff and police powers as marine patrol officers. A sheriff, deputy sheriff, deputy sheriff, police officer, constable or inland fisheries and wildlife warden, within their respective jurisdiction, shall be vested with the powers of a marine patrol officer, except the powers provided in sections 6306 and 6434. When an officer acts under this section, the same fees shall be paid for his services to the usual recipient of the officer's fees. [1979, c. 541, Pt. B, § 14 (amd).]

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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6026. False personation

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6026. False personation

Impersonation of a marine patrol officer shall be a violation of Title 17-A, section 457. [1979, c. 541, Pt. B, § 73 (amd).]
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6027. Other governmental units to file documents

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6027. Other governmental units to file documents

Every state department, government agency or official and municipal or political subdivision shall file with the commissioner copies of all leases, permits, grants or licenses issued to carry on activities in the coastal waters. [1977, c. 661, § 5 (new).]
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6028. Volunteer marine patrol officers

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6028. Volunteer marine patrol officers

1. Appointment. The commissioner may appoint volunteer marine patrol officers upon such conditions as the commissioner may determine. Volunteer marine patrol officers shall serve without compensation and may be paid actual automobile costs at the rate paid to state employees. [1983, c. 449 (new).]

2. Powers and duties. Volunteer marine patrol officers shall have the same powers and duties as marine patrol officers specified in section 6025, except that the exercise of these powers and duties shall be limited to marine resources laws set out in chapters 601 to 627, inclusive, and department regulations adopted pursuant to these statutes. Volunteer marine patrol officers shall complete reserve officer training at the Maine Criminal Justice Academy pursuant to Title 25, section 2805-A prior to assuming these duties. [1983, c. 449 (new).]

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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6029-A. Safety and security services

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6029-A. Safety and security services

1. Enforcement of federal safety and security zones. At the request of and as expressly provided by the United States Coast Guard in accordance with federal law, marine patrol officers may assist the United States Coast Guard in the enforcement of safety and security zones established by the United States Coast Guard Captain of the Port for Maine. Marine patrol officers may take all action necessary to assist the United States Coast Guard in enforcing security and safety zones to the extent authorized by the United States Coast Guard. [2003, c. 60, §1 (new).]

2. Memorandum of agreement. Prior to engaging in the activities authorized under this section, the Bureau of Marine Patrol must enter into a memorandum of agreement with the United States Coast Guard that establishes the appropriate procedures and protocols for enforcement activities authorized under this section. Any funds received from the Federal Government for reimbursement to the State for activities authorized under this section must be deposited in the watercraft fund pursuant to section 10202, subsection 1, paragraph D. [RR 2003, c. 2, §17 (cor).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6029. Search and rescue operations

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6029. Search and rescue operations

The Department of Marine Resources may provide search and rescue services in the coastal waters of the State and shall be the responsible state agency for those services, except when they involve lost or downed aircraft. The department shall develop a formal plan for those activities and designate one person within the department as coordinator of search and rescue to work with other search and rescue agencies, both governmental and private. The department shall attempt to establish and train regional volunteer organizations to assist with search and rescue and include them in plans and joint training exercises as appropriate. [1989, c. 489, §3 (rpr).]
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6030-A. Burnt Island; Burnt Island Living Lighthouse; rules

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6030-A. Burnt Island; Burnt Island Living Lighthouse; rules

The commissioner may adopt such rules as are necessary to protect and preserve Burnt Island and the Burnt Island Living Lighthouse. In addition, the commissioner may adopt such rules as are necessary to provide for the successful implementation of the department-authorized educational and recreational programs that are conducted on the island. The rules may include restrictions on public access to Burnt Island and the Burnt Island Living Lighthouse as determined reasonably necessary for these purposes. [2005, c. 56, §1 (new).] div>
Rules adopted pursuant to the section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. [2005, c. 56, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6030. Department of Marine Resources Educational Fund

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6030. Department of Marine Resources Educational Fund

1. Fund. There is established the Department of Marine Resources Educational Fund, referred to in this section as the "fund." The department is authorized to set and receive fees to be deposited in the fund. The fund receives all funds collected by the department from the operation of the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse, including admission fees, the proceeds of sales at the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and donations, grants or other funds presented to the department for the benefit of the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and their educational programs. All money deposited in the fund and the earnings on the money remain in the fund to be used for the management and maintenance of the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and their programs that educate the State's children, teachers and visitors about the State's marine resources. Unexpended balances in the fund at the end of the fiscal year do not lapse but must be carried forward to the next fiscal year to be used for the same purpose. [2003, c. 520, §1 (amd).]

2. Annual report. By February 1st of each year, the commissioner shall submit an annual report to the joint standing committee of the Legislature having jurisdiction over fisheries matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. The report must detail the amount of money collected in the fund over the course of the prior year and the expense of managing and maintaining the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and their programs. The commissioner shall make recommendations concerning how the fund may be increased or expenses reduced or both so that the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and their programs become increasingly financially self-sustaining. [2003, c. 520, §1 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6031. Governor's Marine Studies Fellowship Program

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6031. Governor's Marine Studies Fellowship Program

1. Fellowship program established. There is established within the department the Governor's Marine Studies Fellowship Program to encourage the study of disciplines important to the conservation, management and utilization of marine resources. Those disciplines include, but are not limited to: applied aquaculture research in culture techniques, engineering, disease prevention, diagnosis and treatment and product technology; marine science with focus on research in support of resource management and sustainability, including marine fisheries science and assessment, ecology and life history, water quality and contaminants, coastal oceanography, marine biotechnology and technology development and transfer; and marine resource policy and management. The program must provide support for undergraduate and graduate students at colleges and universities chartered in the State. [1997, c. 24, Pt. UU, §1 (new).]

2. Program administration. The commissioner shall seek the advice and participation of academic and aquaculture and fisheries industry representatives in administering the Governor's Marine Studies Fellowship Program and in the award process. The commissioner shall establish program guidelines that provide for contributing support from academic institutions and aquaculture and fishing industry organizations at a minimum matching level for non-state participation of 2 non-state dollars for each state dollar and may provide for contributions by other interests that wish to provide fellowship support. [1997, c. 24, Pt. UU, §1 (new).]

3. Fund established. There is established within the department the Governor's Marine Studies Fellowship Fund. The commissioner may receive funds from nongeneral fund sources for use in the Governor's Marine Studies Fellowship Program. All money received into the fund must be used for the purposes of the program. Unexpended balances in the fund at the end of the fiscal year do not lapse but must be carried forward to the next fiscal year to be used for the purposes of the fellowship fund. [1997, c. 24, Pt. UU, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6032. Marine Recreation Fishing Conservation and Management Fund

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6032. Marine Recreation Fishing Conservation and Management Fund

The Marine Recreation Fishing Conservation and Management Fund, referred to in this section as the "fund," is established within the department. The commissioner may receive on behalf of the fund funds from any source. The purpose of the fund is to support activities related to the management and development of marine recreation fisheries. All money received into the fund must be used for the purposes of the fund. Unexpended balances in the fund at the end of the fiscal year do not lapse but must be carried forward to the next fiscal year to be used for the purposes of the fund. Any interest earned on the money in the fund must be credited to the fund. By February 1st of each year, the commissioner shall report to the joint standing committee of the Legislature having jurisdiction over marine resource matters on the amount of money collected in the fund and all expenditures made from the fund in the previous fiscal year. [1999, c. 85, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6033. Marine Recreational Fishing Advisory Council

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6033. Marine Recreational Fishing Advisory Council

1. Appointment; composition. The Marine Recreational Fishing Advisory Council, referred to in this section as the "council" and established by Title 5, section 12004-I, subsection 57-D, consists of 9 members. The commissioner shall appoint the members as follows:

A. Four members representing the State's recreational marine fisheries. These members must reflect a geographical distribution along the coast; [1999, c. 85, §4 (new).]

B. Three members representing the party charter boat industry; [1999, c. 85, §4 (new).]

C. One member representing tackle shop owners; and [1999, c. 85, §4 (new).]

D. One member representing the commercial fishing industry. [1999, c. 85, §4 (new).]

[1999, c. 85, §4 (new).]

2. Term. A council member serves for a 3-year term and continues serving until a successor is duly appointed and qualified. An appointed member may not serve for more than 2 consecutive terms. In the case of a vacancy, the commissioner shall fill promptly the vacancy. [1999, c. 85, §4 (new).]

3. Quorum. A quorum is a majority of the current members of the council. [1999, c. 85, §4 (new).]

4. Chair and officers. The council shall annually elect one of its members to serve as chair for a one-year term. The council may select other officers and designate their duties. [1999, c. 85, §4 (new).]

5. Meetings. The council shall meet at least 4 times a year. It may also meet at other times at the call of the chair or the chair's designee or the commissioner or the commissioner's designee. [1999, c. 85, §4 (new).]

6. Purpose. The council shall advise the commissioner on activities of the department that relate to marine recreational fishing and shall make recommendations to the commissioner concerning expenditures from the Marine Recreation Fishing Conservation and Management Fund for the purposes described in section 6032. The council may investigate problems affecting marine recreational fishing and make recommendations to the commissioner and the Marine Resources Advisory Council concerning its investigations. The council may review current recreational fishing research programs and plans for research and submit to the commissioner and the Marine Resources Advisory Council, annually, its recommendations on those programs and plans. [1999, c. 85, §4 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6034. Commercial Fishing Safety Council

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6034. Commercial Fishing Safety Council

1. Appointment; composition. The Commercial Fishing Safety Council, referred to in this section as "the council" and established by Title 5, section 12004-I, subsection 57-E, consists of 17 members, 15 of whom are appointed by the Governor as follows:

A. One member who is a license holder under this Part and a member of the Lobster Advisory Council, recommended by the chair of the Lobster Advisory Council; [2003, c. 90, §2 (new).]

B. One member who is a license holder under this Part and a member of the Marine Resources Advisory Council, recommended by the chair of the Marine Resources Advisory Council; [2003, c. 90, §2 (new).]

C. One member who is a license holder under this Part and a member of the Sea Urchin Zone Council, recommended by the chair of the Sea Urchin Zone Council; [2003, c. 90, §2 (new).]

D. Five members who are license holders under this Part and who each represent a different commercial marine harvesting activity than the other members of the council, recommended by commercial marine harvesting and aquaculture interests; [2003, c. 90, §2 (new).]

E. An educator experienced in community-based adult education and volunteer safety training; [2003, c. 90, §2 (new).]

F. An expert in fishing industry risk analysis and occupational health; [2003, c. 90, §2 (new).]

G. An expert in marine safety equipment; [2003, c. 90, §2 (new).]

H. A representative of the marine insurance industry; [2003, c. 90, §2 (new).]

I. A marine surveyor; [2003, c. 90, §2 (new).]

J. A spouse or domestic partner of a license holder under this Part; and [2003, c. 90, §2 (new).]

K. A member of the public. [2003, c. 90, §2 (new).]

The chair of the Marine Resources Advisory Council and the chair of the Marine Recreational Fishing Advisory Council are ex officio members of the council. The composition of the council must reflect a geographic distribution along the coast of the State. The council may invite to carry out the duties of the council other participants on an ad hoc basis, including representatives of private or governmental organizations or individuals with expertise or interest in marine, education, labor or health matters. [2003, c. 510, Pt. C, §3 (amd).]

2. Term. The term of an appointed member is 3 years, except a vacancy of a member before the expiration of the member's term must be filled in the same manner as the original member for the unexpired portion of the member's term. An appointed member may not serve more than 2 consecutive terms. [2003, c. 90, §2 (new).]

3. Officers. The officers of the council are the chair, vice-chair and secretary. The term of the officers is one year. The Governor shall appoint the first chair of the council. Except for the appointment of the original chair, the council shall elect a member of the council for each officer position at the first regular meeting of each year. The officers have the following duties:

A. The chair shall call and preside at council meetings; [2003, c. 90, §2 (new).]

B. The vice-chair shall call and preside at council meetings when the chair is absent; and [2003, c. 90, §2 (new).]

C. The secretary shall record all meetings of the council and preserve these records. [2003, c. 90, §2 (new).]

[2003, c. 90, §2 (new).]

4. Meetings. The council shall hold regular quarterly meetings and may hold special meetings with the commissioner or the commissioner's designee. A member of the council may participate and is deemed present at a meeting of the council or of a subcommittee of the council by telephone, electronically or by any other means by which all members participating in the meeting are able to communicate with each other. The council shall ensure adequate facilities for full attendance at council meetings by the public. [2003, c. 90, §2 (new).]

5. Quorum. A quorum exists when a majority of the members of the council are present, either actually or pursuant to subsection 4. [2003, c. 90, §2 (new).]

6. Council actions. The council may act in the following ways:

A. If a quorum is present, in person or pursuant to subsection 4, by a majority vote of the members present or polled; or [2003, c. 90, §2 (new).]

B. If there is no meeting, by written poll of a quorum of members responding. [2003, c. 90, §2 (new).]

[2003, c. 90, §2 (new).]

7. Duties. The council shall carry out duties specifically delegated to the council by law or by the commissioner and give the commissioner information and advice concerning fishing safety issues, including:

A. Minimum safety equipment, training and operational standards; [2003, c. 90, §2 (new).]

B. Community-based education programs that provide practical safety training and fisheries-specific safety training; [2003, c. 90, §2 (new).]

C. An outreach program to promote the culture of safety; [2003, c. 90, §2 (new).]

D. Opportunities to minimize the costs and seek alternative funding sources, fees, incentives, grants or partnerships to minimize the financial impact of safety requirements; and [2003, c. 90, §2 (new).]

E. The commercial safety fishing plan that the commissioner submits to the council pursuant to section 6035 and report to the Legislature concerning that plan pursuant to subsection 8. [2003, c. 90, §2 (new).]

[2003, c. 90, §2 (new).]

8. Report. No later than January 15th of each year, the council shall report to the joint standing committee of the Legislature having jurisdiction over marine resources matters with regard to measures required to implement the commercial safety fishing plan that the commissioner submits to the council pursuant to section 6035. The committee is authorized to report out any necessary legislation regarding the council's report. [2003, c. 90, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6035. Commercial safety fishing plan

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6035. Commercial safety fishing plan

No later than November 15th of each year, the commissioner shall submit a commercial safety fishing plan to the Commercial Fishing Safety Council that includes the department's fishing safety initiatives, the progress in implementing those fishing safety initiatives, any revisions to those initiatives or their implementation and any new initiatives for the Commercial Fishing Safety Council to consider. [2003, c. 90, §2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §6036. Marine Fisheries Research and Development Fund

Title 12: CONSERVATION
Part 9: MARINE RESOURCES
Subpart 1: ADMINISTRATION
Chapter 603: DEPARTMENT ADMINISTRATION

§6036. Marine Fisheries Research and Development Fund

1. Fund established. The Marine Fisheries Research and Development 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. [2003, c. 520, §2 (new).]

2. Sources and uses of fund. Revenues from the total gasoline tax revenues credited to the fund under Title 36, section 2903-D may be used for research, development, propagation and management activities of the department. The commissioner may select activities and projects that will be most beneficial to the commercial fisheries of the State as well as the development of sport fisheries in the State. In addition to the revenues derived from the total gasoline tax revenues, the fund may receive money from any source for the purposes of this subsection. [2003, c. 520, §2 (new).]

3. Allocations from fund. Expenditures from the fund are subject to legislative approval in the same manner as appropriations from the General Fund. The joint standing committee of the Legislature having jurisdiction over appropriations must approve the allocations. [2003, c. 520, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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