May 10, 2017 — A bill that would authorize the Department of Marine Resources to conduct surreptitious electronic surveillance of lobster boats drew mixed reviews at a hearing by the Legislature’s Marine Resources Committee in April.
But at a work session last Wednesday, the committee voted to recommend passage of an amended version of the bill.
Introduced by Rep. Walter Kumiega (D-Deer Isle) at the request of the Department of Marine Resources, LD 1379 — as initially formulated — would have given the DMR commissioner authority to approve installation of electronic tracking devices on lobster boats without first getting a warrant from a judge. The approval would have been based on an affidavit from the chief of the Marine Patrol that he had “probable cause” to believe that a civil violation of the laws regulating the placement or hauling of lobster gear had occurred.
At its work session last week, the committee scrapped the idea of authorizing the commissioner to approve installation of tracking devices and took a new approach.
According to committee Co-chairman Kumiega, the committee opted to make four kinds of conduct “associated with fishing over the limit” of traps allowed Class D misdemeanors.
As of now, these violations are civil offenses.
The reason for the change, Kumiega said, is that Marine Patrol officers could not obtain sealed warrants from a judge when the offenses were handled as civil violations.
As criminal offenses, that all would change. Marine Patrol officers would be able to obtain warrants without giving notice to the subject of an investigation.