12 §6672. Green crab fencing program

Title 12: CONSERVATION

Part 9: MARINE RESOURCES

Subpart 2: LICENSING

Chapter 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES

Subchapter 1: SHELLFISH

Article 4: MUNICIPAL CONSERVATION PROGRAMS

§6672. Green crab fencing program

1. Program established. There is established a fencing program to exclude green crabs from soft shell clam growing areas. This program shall be administered by the commissioner. When the commissioner has determined that a soft shell clam growing area is adversely affected by green crab predation, he may provide funds, materials or expertise for the construction and installation of fencing to municipalities.

[ 1977, c. 661, §5 (NEW) .]

2. Regulations. The commissioner shall adopt regulations concerning the establishment of a municipal program to:

A. Assure compliance with the requirements necessary to accomplish the purpose of the program; [1977, c. 661, §5 (NEW).]

B. Provide criteria for determining which municipalities shall be awarded materials or funds, including:

(1) The extent that the resource of a community has been adversely affected;

(2) The possible effectiveness of a program in a municipality; and

(3) A municipality's ability to evaluate the program by monitoring and comparing data; and [1977, c. 661, §5 (NEW).]

C. Establish the method, forms and dates for application and the municipal reports required for implementation of this section. [1977, c. 661, §5 (NEW).]

[ 1977, c. 661, §5 (NEW) .]

3. Commissioner's powers and duties. The commissioner may enter into agreements with municipalities concerning the administration and evaluation of the effectiveness of green crab fencing programs carried out under this section. He shall notify each municipality which has soft shell clam growing areas of the program.

[ 1977, c. 661, §5 (NEW) .]

4. Funding. The commissioner may disburse to a municipality funds, materials or services to provide 50% of the total expenditures necessary to carry out the program in that municipality. He may obligate annually from the Shellfish Fund an amount not to exceed $25,000 to be used to carry out the purposes of this section.

[ 1977, c. 661, §5 (NEW) .]

5. Report to Legislature. The commissioner shall annually, by March 1st, report to the Legislature giving a complete evaluation of the program established by this section and whether the program should be continued.

[ 1977, c. 661, §5 (NEW) .]

SECTION HISTORY

1977, c. 661, §5 (NEW).