By August 15, 1994, the commissioner shall establish a competency training course for individuals engaged in commercial underwater handharvesting activities. The course may be taught by the department or offered by any public or private sector association or organization authorized by the commissioner to offer the course. [PL 1993, c. 604, §1 (NEW).] 1. Enrollment prerequisite. A person is not eligible for enrollment in a course offered under this section unless that person possesses a valid open water diving certification. For the purposes of this article, the term "open water diving certification" means a diving certificate issued by a SCUBA training course meeting or exceeding the basic SCUBA training standards established by the American National Standards Institute. [PL 1993, c. 604, §1 (NEW).] 2. Equipment requirements. Each person in the course must have a mask, a snorkel, fins, a buoyancy compensator jacket with low pressure inflator, an air tank and regulator, a pressure gauge, a weight belt and sufficient weights and a properly fitting wet or dry suit. The student provides that equipment if the equipment is not provided by the instructor. [PL 1993, c. 604, §1 (NEW).] 3. Recovery of costs; department. For any course taught by the department, the commissioner shall set an enrollment fee sufficient to recover all costs incurred by the department in teaching the course. [PL 1993, c. 604, §1 (NEW).] 4. Prescribing the course. In establishing the course, the commissioner may: A. Prescribe the qualifications of instructors and impose on instructors any minimum insurance liability requirements considered necessary by the commissioner; [PL 1993, c. 604, §1 (NEW).] B. Prescribe the course content and the method of instruction, including the time and place of examinations; and [PL 1993, c. 604, §1 (NEW).] C. Establish standards for certifying the commercial underwater handharvesting competency of individuals who successfully complete the course. [PL 1993, c. 604, §1 (NEW).] [PL 1993, c. 604, §1 (NEW).] 5. Allowance for waivers. The commissioner may waive any component of a course offered under this section for a person who demonstrates to the commissioner, either through documented experience or technical or professional accreditation, a level of competency for that component that is at least equal to the level of competency necessary to successfully complete the course. It is the responsibility of the person seeking a waiver under this subsection to make that request in writing to the commissioner and to provide the commissioner with any documentation the commissioner determines necessary to make a decision. [PL 1993, c. 604, §1 (NEW).]
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