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Disclaimer Some tribal laws are made available on the Internet as a public service and reliance on any such information is at the user’s own risk. The Passamaquoddy Tribe, its agencies, officers and employees do not warrant the accuracy, reliability, completeness or timeliness of any information on the tribe’s web site and may not be held liable for any losses caused by any person’s reliance on the information available on this web site. All copyrights and other rights to statutory text are reserved by the Passamaquoddy Tribe. The text included in this publication is current, but is subject to change without notice. It is a version that has not been officially certified by the Tribal Clerk. For an accurate depiction of the Tribal Law, please consult a certified copy. The tribe cannot provide legal advice or interpretation of tribal law to the public. If you need legal advice, please consult a qualified attorney. Maine Law
§6302-A. Taking
of marine organisms by Passamaquoddy
tribal members 1. Tribal exemption;
commercial harvesting licenses.
A member of the Passamaquoddy Tribe who is a resident of the State is not
required to hold a state license or permit issued under section 6421, 6501,
6505-A, 6505-C, 6535, 6536, 6601, 6701, 6702, 6703, 6731, 6745, 6746, 6748,
6748-A, 6748-D, 6751, 6803 or 6804 to conduct activities authorized under the
state license or permit if that member holds a valid license issued by the tribe
to conduct the activities authorized under the state license or permit. A
member of the Passamaquoddy Tribe issued a tribal license pursuant to this
subsection to conduct activities is subject to all laws and rules applicable to
a person who holds a state license or permit to conduct those activities and to
all the provisions of chapter 625, except that the member of the tribe: 1999, c. 491.
A. May utilize lobster traps tagged with trap tags issued by the tribe in a
manner consistent with trap tags issued pursuant to section 6431-B. A member of
the tribe is not required to pay trap tag fees under section 6431-B if the tribe
issues that member trap tags;
B. May utilize elver fishing gear tagged with elver gear tags issued by the
tribe in a manner consistent with tags issued pursuant to 6505-B. A member of
the tribe is not required to pay elver fishing gear fees under section 6505-B if
the tribe issues that member elver fishing gear tags; and
C. Is not required to hold a state shellfish license issued under section 6601
to obtain a municipal shellfish license pursuant to section 6671. 2. Tribal exemption;
sustenance or ceremonial tribal use.
Notwithstanding any other
provision of law, a member of the Passamaquoddy Tribe who is a resident of the
State may at any time take, possess, transport and distribute:
A. Any marine organism, except lobster, for sustenance use if the tribal member
holds a valid sustenance fishing license issued by the tribe. A sustenance
fishing license holder who fishes for sea urchins may not harvest sea urchins
out of season;
B. Lobsters for sustenance use, if the tribal member holds a valid sustenance
lobster license issued by the tribe. The sustenance lobster license holder’s
traps must be tagged with sustenance use trap tags issued by the tribe in a
manner consistent with trap tags issued pursuant to section 6431-B; however, a
sustenance lobster license holder may not harvest lobsters for sustenance use
with more than 25 traps; and
C. Any marine organism for noncommercial use in a tribal ceremony within the
State, if the member holds a valid ceremonial tribal permit issued to the tribal
member by the Joint Tribal Council of the Passamaquoddy Tribe or the governor
and council at either Passamaquoddy reservation. For purposes of this
subsection, “sustenance use” means all non commercial consumption or
noncommercial use by any person within the Passamaquoddy reservation at Pleasant
Point or Indian Township or at any location within the State by a tribal member,
by a tribal member’s immediate family or within a tribal member’s household.
The term “sustenance use” does not include the sale of marine organisms. A
member of the Passamaquoddy Tribe who takes a marine organism under a license or
permit issued pursuant to this subsection must comply with all laws and rules
applicable to a person who holds a state license or permit that authorizes the
taking of that organism, except that a state law or rule that sets a season for
the harvesting of a marine organism does not apply to a member of the
Passamaquoddy Tribe who takes a marine organism for sustenance use or for
noncommercial use in a tribal ceremony. A member of the Passamaquoddy Tribe
issued a license or permit under this subsection is exempt from paying elver
gear fees under section 6505-B or trap tag fees under section 6431-B and is not
required to hold a state shellfish license issued under section 6601 to obtain a
municipal shellfish license pursuant to section 6671. A member of the
Passamaquoddy Tribe who fishes for or takes lobster under a license or permit
issued pursuant to this subsection must comply with the closed periods under
section 6440. 3. Lobster and sea urchin
licenses; limitations.
The Passamaquoddy Tribe may not issue pursuant to subsection 1: A. More than 24
commercial lobster and crab fishing licenses in calendar year 1998, including
all licenses equivalent to Class I, Class II or Class III licenses and student
licenses, but not including apprentice licenses. Any lobster and crab fishing
license issued by the tribe after calendar year 1998 is subject to the
eligibility requirements of section 6421, subsection 5; and B. More than 24
commercial licenses for the taking of sea urchins in any calendar year. Sea
urchin licenses must be issued by zone in accordance with section 6749-P. 4. Sea urchin and scallop
handfishing and tender licenses; limitations.
The Passamaquoddy Tribe may
not issue a license or permit pursuant to subsection 1 or 2; A. For the
harvesting of sea urchins or scallops by hand unless the license or permit
applicant meets the diver competency requirements of section 6531; and B. For the
tending of a person who fishes for or takes scallops or sea urchins by diving
unless the applicant meets the safety training requirements of section 6533. 5. Notification.
Subsections 1 and 2 do not apply to a member of the Passamaquoddy Tribe unless a
copy of that member’s tribal license or permit is filed with the commissioner by
the tribal licensing agency or a tribal official in accordance with section
6027. 6. License suspension.
If a member of the Passamaquoddy Tribe is issued a license or permit under this
section is convicted of a violation for which a license suspension is mandatory
under chapter 617, the commissioner shall suspend that member’s license or
permit for the specified period. If a member of the Passamaquoddy Tribe issued
a license or permit under this section is convicted of a violation for which the
commissioner may suspend a license, the commissioner may suspend that member’s
license or permit in accordance with chapter 617. 7. Enforcement.
A violation of a marine resources law or rule by a member of the Passamaquoddy
Tribe who is issued a license or permit pursuant to this section must be
enforced
pursuant to chapter 609. A
member of the Passamaquoddy Tribe who is issued a license or permit pursuant to
this section must possess and exhibit that license or permit in accordance with
section 6305 and must comply with the provisions of section 6306 regarding
inspections and searches by marine patrol officers for violations related to
licensed or permitted activities. 8. Resident of the State
defined. For the purposes of this section, “resident of the State” means a
member of the Passamaquoddy Tribe who is eligible to obtain a state resident
license under section 6301, subsection 1. Sec. 2. Report.
The Maine Indian Tribal-State Commission shall study any question or issue
regarding the taking of marine resources by members of the Passamaquoddy Tribe
and the Penobscot Nation. The commission shall report any findings and
recommendations to the Joint Standing Committee on Marine Resources by December
15, 1998. Sec. 3. Relation to “An
Act to Implement the Maine Indian Claims Settlement.”
This Act is not an amendment
to the Maine Revised Statutes, Title 30, chapter 601, An Act to Implement the
Maine Indian Claims Settlement, and is not subject to ratification by the
Passamaquoddy Tribe pursuant to United State Code, Title 25, Section
1725(e)(1). If a court of competent jurisdiction finds that this Act or any
portion of this Act alters any provisions of Title 30, chapter 601 so as to
constitute an amendment to Title 30, chapter 601, this Act or that portion of
this Act, if separable, that constitutes an amendment to Title 30, chapter 601
is void. Emergency clause.
In view of the emergency cited in the preamble, this Act takes effect when
approved, except as otherwise indicated. Approved by the Governor
April 3, 1998. 1998, c. 708. |
Copyright © 2003
Passamaquoddy Tribe at Pleasant Point
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