Prohibition of seine set within 2,000 feet of weir by Land Use Regulatory Commission

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) RICHARD S. COHEN ATTORNEY GENERAL STEPHEN L. DIAMOND JOHN S. GLEASON JOHN M. R. PATERSON ROBERT J. STOLT ]J.--{, 5 DEPUTY ATTORNEYS GENERAL S'l'ATE OF MAINE DEPARTMENT OF THE ATTORNEY GENERAL AUGUSTA. MAINE 04333 April 5, 1979 Representative Harry Vose State House Augusta, Maine 04333 Dear Representative Vose: You have asked whether a seine set within 2,000 feet of a weir authorized by the Land Use Regulatory Commission can be prohibited. Setting seines within 2,000 feet of weirs is prohibited by 12 M.R.S.A. § 6525 if the weir is licensed pursuant to 38 M.R.S.A. § 1022. Section 1022 of Title 38 establishes procedures and authorizes towns to license weir construction within their boundaries. Since the weir you are concerned about is located adjacent to an unorganized township, the permission to construct it was granted b~ LURC pursuant to 12 M.R.S.A. § 685B. Since the statute prohibiting the setting of seines limits its application to weirs licensed under Title 38 , I must conclude that there is no law which specifically prohibits the setting of a sei.ne within 2,000 feet of Mr. Turner's weir. EFB:BA Sincerely, Edward F. Assistant ' \ / \, •/-~II ,f· C. J. '.. Bradley, Jr. Attorney General