HP0497, LD 676, item 1, An Act To Simplify Maine's Lobster Licensing System

An Act To Simplify Maine's Lobster Licensing System

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §6302-A, sub-§3, ¶A, as amended by PL 2011, c. 598, §17, is further amended to read:

A. The Passamaquoddy Tribe and Penobscot Nation may each issue to members of its tribe or nation, as the case may be, up to 24 commercial lobster and crab fishing licenses in any calendar year, including all licenses equivalent to Class I, Class II or Class III single or crew licenses and student licenses, but not including apprentice licenses. Licenses issued under this paragraph are subject to the eligibility requirements of section 6421, subsection 5;

Sec. 2. 12 MRSA §6302-A, sub-§3, ¶A-1, as enacted by PL 2011, c. 598, §17, is amended to read:

A-1. The Aroostook Band of Micmacs or its agent may issue to members of the band up to 10 commercial lobster and crab fishing licenses in any calendar year, including all licenses equivalent to Class I, Class II or Class III single or crew licenses and student licenses, but not including apprentice licenses. Licenses issued under this paragraph are subject to the eligibility requirements of section 6421, subsection 5;

Sec. 3. 12 MRSA §6302-A, sub-§3, ¶A-2, as enacted by PL 2013, c. 254, §3, is amended to read:

A-2. The Houlton Band of Maliseet Indians or its agent may issue to members of the band up to 10 commercial lobster and crab fishing licenses in any calendar year, including all licenses equivalent to Class I, Class II or Class III single or crew licenses and student licenses, but not including apprentice licenses. Licenses issued under this paragraph are subject to the eligibility requirements of section 6421, subsection 5;

Sec. 4. 12 MRSA §6310, sub-§1, as amended by PL 2011, c. 266, Pt. A, §3, is further amended to read:

1. Appeal of license denial. A person who is denied a Class I, Class II or Class III single or crew lobster and crab fishing license because that person does not meet the eligibility requirements of section 6421, subsection 5, paragraph A; a person who is denied a handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping license because that person does not meet the eligibility requirements of section 6749-O, subsection 2-A; or a person who is denied a hand fishing scallop license or a scallop dragging license because that person does not meet the eligibility requirements of section 6706, subsection 2 may appeal to the commissioner under this section for a review of that license denial.

Sec. 5. 12 MRSA §6310, sub-§2, ¶A, as amended by PL 2013, c. 319, §1, is further amended to read:

A. A Class I, Class II or Class III single or crew lobster and crab fishing license may be issued to a person on appeal only if:

(1) A substantial illness or medical condition on the part of the person or a family member prevented that person from meeting the eligibility requirements for a license in 1997, 1998 or 1999, and the person documents that the person harvested lobsters while in possession of a Class I, Class II or Class III single or crew lobster and crab fishing license within one year prior to the onset of the illness or medical condition. The person shall provide the commissioner with documentation from a physician describing the illness or other medical condition. A person may not request an appeal under this subparagraph after December 31, 2001; or

(2) A substantial illness or medical condition on the part of the person or a family member prevented that person from meeting the eligibility requirements for a license in licensing year 2000 or in subsequent years, and the person documents that the person harvested lobsters while in possession of a Class I, Class II or Class III single or crew lobster and crab fishing license within one year prior to the onset of the illness or medical condition. The person shall provide the commissioner with documentation from a physician describing the illness or other medical condition. A person must request an appeal under this subparagraph within one year of the onset of the illness or medical condition.

Sec. 6. 12 MRSA §6310-B, as enacted by PL 2017, c. 161, §2, is amended to read:

§ 6310-B. Continued eligibility for lobster and crab fishing licenses following successful appeal

A person who, upon appeal pursuant to section 6310-A, is issued a Class I, II or III single or crew lobster and crab fishing license shall submit landings data for the following 2 license years in accordance with rules adopted pursuant to section 6173. During the 2nd license year following the successful appeal in which that person holds a Class I, Class II or Class III single or crew lobster and crab fishing license, the person shall provide landings reports indicating a minimum of 50 landings days and sales of lobster to an individual licensed under section 6851 during that license year. If a person fails to meet the requirements of this section, the person is no longer eligible for a Class I, II or III single or crew lobster and crab fishing license and the commissioner shall revoke the license in accordance with the provisions of sections 6352 and 6353.

Sec. 7. 12 MRSA §6406, sub-§1, ¶C, as amended by PL 1991, c. 302, §1, is further amended to read:

C. Assist a holder of a Class II crew lobster and crab fishing license as a crew member; or

Sec. 8. 12 MRSA §6408, as enacted by PL 1999, c. 643, §2, is amended to read:

§ 6408. Suspension of lobster and crab fishing license

A person whose Class I, Class II or Class III single or crew lobster and crab fishing license has been suspended for more than one year must appear in person before the commissioner prior to being issued a Class I, Class II or Class III single or crew lobster and crab fishing license pursuant to section 6421, subsection 5, paragraph D.

Sec. 9. 12 MRSA §6413, as enacted by PL 2017, c. 197, §8, is amended to read:

§ 6413. Reduction in trap limit after certain suspensions

The commissioner may reduce the number of trap tags a person whose lobster and crab fishing license has been suspended pursuant to section 6374, subsection 3-A may purchase in the year following the suspension, except that if the person holds a Class I, Class II or Class III single or crew lobster and crab fishing license the person must be allowed to purchase at least 300 trap tags. For each following year, the license holder may purchase up to an increase of 100 trap tags each year as long as the total number purchased does not exceed the number of traps allowed under the lowest trap limit for the license or established by rule for the zones identified on that person's license pursuant to section 6446, subsection 1-A.

Sec. 10. 12 MRSA §6421, sub-§1, ¶¶A and B, as enacted by PL 2003, c. 452, Pt. F, §8 and affected by Pt. X, §2, are amended to read:

A. Class I Single lobster and crab fishing license;

B. Class II Crew lobster and crab fishing license;

Sec. 11. 12 MRSA §6421, sub-§1, ¶C, as enacted by PL 2003, c. 452, Pt. F, §8 and affected by Pt. X, §2, is repealed.

Sec. 12. 12 MRSA §6421, sub-§2, as amended by PL 1995, c. 568, §1, is further amended to read:

2. Licensed activity. The holder of a Class I, Class II, Class III single, crew, apprentice or student lobster and crab fishing license may fish for, take, possess, ship or transport within the State lobsters or crabs and sell lobsters or crabs the license holder has taken. The license does not authorize the license holder to remove lobster meat from the shell or to take, possess, transport or ship lobster parts or meat. The holder of a Class II or Class III crew license is liable for the licensed activities under this subsection of all unlicensed crew members assisting that licensee.

Sec. 13. 12 MRSA §6421, sub-§3-A, as amended by PL 2015, c. 68, §3, is further amended to read:

3-A. License limitation. A license authorizes activities by individuals as follows.

A. A Class I single license authorizes the licensed activities under subsection 2 by the individual who is named in the license. Any individual assisting or helping a Class I single license holder in these activities must also be licensed.

B. A Class II crew license authorizes the license holder to engage in the licensed activities under subsection 2. A Class II crew license holder may engage one unlicensed crew member members to assist in the licensed activities under the direct supervision of the Class II crew license holder, except as provided in section 6445-A.

C. A Class III license authorizes the license holder to engage in the licensed activities under subsection 2. A Class III license holder may engage 2 unlicensed crew members to assist in the licensed activities under the direct supervision of the Class III license holder, except as provided in section 6445-A.

D. An apprentice lobster and crab fishing license authorizes the apprentice so licensed to engage in the licensed activities under subsection 2 on that apprentice's sponsor's vessel when the apprentice's sponsor is on board the vessel. A person who holds an apprentice lobster and crab fishing license may not tend any traps unless the traps are fished by the sponsor of the apprentice so licensed. An applicant for an apprentice lobster and crab fishing license may designate up to 3 sponsors. For the purpose of this paragraph, "apprentice's sponsor" means a person who holds a Class I, Class II or Class III single or crew lobster and crab fishing license issued under this section.

E. A student license authorizes the license holder to engage in the licensed activities under subsection 2. A student license may be issued only to a person who, at the time of application, is 8 years of age or older and under 23 years of age. A person issued a student license may not submerge more than:

(1) Ten lobster traps in the coastal waters of the State if the person is 8 years of age or older and under 11 years of age;

(2) Fifty lobster traps in the coastal waters of the State if the person is 11 years of age or older and under 14 years of age; or

(3) One hundred and fifty lobster traps in the coastal waters of the State if the person is 14 years of age or older and under 23 years of age.

A person issued a student license is enrolled in the apprentice program under section 6422. When applying for a license the person must designate a sponsor and may designate up to 3 sponsors. For the purposes of this paragraph, "sponsor" means a person who holds a Class I, Class II or Class III single or crew lobster and crab fishing license issued under this section.

F. A noncommercial lobster and crab fishing license authorizes the license holder to engage in the licensed activities under subsection 2-A. A person issued a noncommercial lobster and crab fishing license may not submerge at any one time more than 5 lobster traps in the coastal waters of the State. At the time a noncommercial lobster and crab fishing license is issued or renewed, the applicant or license holder shall declare the vessel that will be used to conduct lobster and crab fishing activities under that license. The license holder's trap tags are allocated to that vessel, pursuant to the license. The department is not authorized to issue more than 10 noncommercial trap tags to the declared vessel, regardless of the number of noncommercial license holders fishing from that vessel.

Sec. 14. 12 MRSA §6421, sub-§5, as amended by PL 2011, c. 486, §1, is further amended to read:

5. Eligibility. A noncommercial or student lobster and crab fishing license may only be issued to an individual who is a resident. A Class I, Class II or Class III single or crew license may be issued to a person 17 years of age or older only if the person:

A. Possessed a Class I, Class II or Class III single or crew lobster and crab fishing license in the previous calendar year;

C. Meets the requirements of the apprentice program under section 6422; or

D. Did not possess a Class I, Class II or Class III single or crew lobster and crab fishing license in the previous calendar year because the commissioner had suspended the person's license privileges for a length of time that included the previous calendar year.

Notwithstanding the age requirements of this subsection, a person who holds held a Class I, Class II or Class III license on December 31, 2007 and who holds a single or crew license may continue to be issued a Class I, Class II or Class III single or crew license provided as long as that person continues to meet the requirements of paragraph A.

Sec. 15. 12 MRSA §6421, sub-§5-B, ¶B, as enacted by PL 2001, c. 581, §1, is amended to read:

B. Held a Class I, Class II or Class III single or crew lobster and crab fishing license and has landed lobster under that license.

Sec. 16. 12 MRSA §6421, sub-§7-B, ¶A, as amended by PL 2017, c. 320, §1, is further amended to read:

A. For a resident Class I single license for applicants under 18 years of age, $60;

Sec. 17. 12 MRSA §6421, sub-§7-B, ¶¶B to E, as enacted by PL 2017, c. 284, Pt. EEEEE, §3, are amended to read:

B. For a resident Class I single license for applicants 18 years of age or older and under 70 years of age, $125.75;

C. For a resident Class I single license for applicants 70 years of age or older, $61;

D. For a nonresident Class I single license for applicants under 18 years of age, $357;

E. For a nonresident Class I single license for applicants 18 years of age or older, $730.75;

Sec. 18. 12 MRSA §6421, sub-§7-B, ¶¶F to H, as enacted by PL 2017, c. 284, Pt. EEEEE, §3, are repealed.

Sec. 19. 12 MRSA §6421, sub-§7-B, ¶¶I to K, as enacted by PL 2017, c. 284, Pt. EEEEE, §3, are amended to read:

I. For a resident Class III crew license for applicants under 70 years of age, $377.25;

J. For a resident Class III crew license for applicants 70 years of age or older, $183;

K. For a nonresident Class III crew license, $2,189.25;

Sec. 20. 12 MRSA §6421, sub-§7-C, as amended by PL 2017, c. 320, §2, is further amended to read:

7-C. License surcharge. In addition to the license fee established in subsection 7-B, the commissioner shall assess a surcharge on each license issued under this section as follows:

A. For a resident Class I single license for applicants under 18 years of age, resident Class I single license for applicants 70 years of age or older, resident apprentice license for applicants under 18 years of age, resident apprentice license for applicants 70 years of age or older, student lobster and crab fishing license or noncommercial lobster and crab fishing license, $5;

B. For a resident Class I single license for applicants 18 years of age or older and under 70 years of age , resident Class II license for applicants 70 years of age or older or resident apprentice license for applicants 18 years of age or older, $10;

C. For a resident Class II license for applicants under 70 years of age or resident Class III crew license for applicants 70 years of age or older, $20;

D. For a resident Class III crew license for applicants under 70 years of age, nonresident Class I single license for applicants under 18 years of age or nonresident apprentice license for applicants under 18 years of age, $30;

E. For a nonresident Class I single license for applicants 18 years of age or older or nonresident apprentice license for applicants 18 years of age or older, $60; and

F. For a nonresident Class II license, $120; and

G. For a nonresident Class III crew license, $180.

The surcharge fees collected under this subsection must be deposited in the Lobster Fund established under section 6451.

Sec. 21. 12 MRSA §6431-A, sub-§1, as amended by PL 2007, c. 201, §12, is further amended to read:

1. Limit. Before March 1, 2000, the holder of a Class I, Class II or Class III single or crew license issued under section 6421 may not submerge more than 1,000 traps. After February 29, 2000, the holder of a Class I, Class II or Class III single or crew license or a nonresident lobster and crab landing permit issued under section 6421 may not submerge more than 800 traps. If a lower trap limit is adopted by rule for a zone pursuant to section 6446, a license holder who fishes in that zone may not submerge a number of traps that exceeds the lower limit.

The number of traps fished from a vessel may not exceed the applicable trap limit established in this subsection, regardless of the number of license holders fishing from that vessel.

Sec. 22. 12 MRSA §6431-E, sub-§2, as amended by PL 2009, c. 394, §7, is further amended to read:

2. Owner or family member on board. This subsection applies to a person that holds a Class I, Class II or Class III single or crew lobster and crab fishing license issued under section 6421. Except as provided in subsection 3, a vessel may not be used to fish for or take lobsters unless that vessel is owned by a Class I, Class II or Class III single or crew lobster and crab fishing license holder and:

A. The owner of that vessel is present on that vessel and has that vessel named on the owner's Class I, Class II or Class III single or crew lobster and crab fishing license; or

B. A family member of the vessel owner holds a Class I, Class II or Class III single or crew lobster and crab fishing license and is present on that vessel.

Sec. 23. 12 MRSA §6431-E, sub-§3, as amended by PL 2013, c. 468, §15, is further amended to read:

3. Exemptions; individuals. The commissioner may authorize a person to fish for or take lobsters from a vessel when an owner or family member is not on board pursuant to subsection 2 if that person holds a Class I, Class II or Class III single or crew lobster and crab fishing license and:

A. The owner of that vessel holds a Class I, Class II or Class III single or crew lobster and crab fishing license, documents to the commissioner that an illness or disability temporarily prevents that owner from fishing for or taking lobsters from that vessel , and requests in writing to the commissioner that the commissioner authorize that person to use that vessel to fish for or take lobsters and tend the owner's traps pursuant to section 6434;

B. Is the owner of a vessel that has become temporarily inoperable because of an accident or a mechanical failure and requests in writing permission from the commissioner to use that vessel to fish for or take lobsters;

B-1. Was the owner of a vessel that was named on that individual's Class I, Class II or Class III single or crew lobster and crab fishing license but is no longer the owner of that vessel due to sale or foreclosure. The individual must demonstrate immediate intent to become the owner of another vessel that will be used to fish for or take lobsters and request in writing permission from the commissioner to use the other vessel to fish for or take lobsters for a limited period of time;

C. Documents to the commissioner by December 31, 2000 that that person fished for or took lobsters during the qualifying period in each of calendar years 1995, 1996 and 1997 from the same vessel and that vessel did not have on board an individual who meets the criteria of subsection 2, paragraph A or B. A person may not qualify for the exemption under this paragraph unless that person continues to fish for or take lobsters from the vessel from which the person harvested lobsters during the qualifying period in each of calendar years 1995, 1996 and 1997, or from a replacement vessel;

D. An individual, partnership, corporation or other entity documents to the commissioner by December 31, 2000 that that individual or partnership, corporation or other entity rented, leased or otherwise made available that vessel to the holder of a Class I, Class II or Class III lobster and crab fishing license during the qualifying period in each of calendar years 1995, 1996 and 1997 for the purpose of fishing for or taking lobsters. A person authorized under this paragraph may fish for or take lobsters only from the vessel that was made available during the qualifying period in each of calendar years 1995, 1996 and 1997, or a replacement vessel; or

E. The person is licensed by the United States Coast Guard to operate a passenger-carrying vessel in coastal waters. The vessel must be inspected by the United States Coast Guard and documented and licensed by the United States Coast Guard to carry passengers. By June 30, 2001, the owner of the vessel shall document to the commissioner that the vessel was utilized to fish for or take lobsters with paying passengers on board during the qualifying period in each of calendar years 1995, 1996 and 1997. The owner of the vessel shall notify the commissioner in writing on an annual basis, prior to the vessel being utilized to fish for or take lobsters, of the name and lobster license number of any person who will be using the vessel to fish for lobster during that calendar year. A person authorized under this paragraph may fish for or take lobsters only from the vessel that was made available during the qualifying period in each of calendar years 1995, 1996 and 1997, or a replacement vessel. No more than 40 lobster traps may be fished from that vessel.

Sec. 24. 12 MRSA §6431-F, sub-§§1 and 2, as amended by PL 2005, c. 239, §2, are further amended to read:

1. Trap tag limits. The following provisions govern trap tag limits.

B. Each year, a Class I, Class II or Class III single or crew lobster and crab fishing license holder may purchase a number of trap tags that is not greater than 100 more than the number the license holder purchased for the previous license year as long as the total number purchased does not exceed the number of traps allowed under the lowest trap limit established by rule for the zones identified on that person's license pursuant to section 6446, subsection 1-A.

2. Exceptions. Notwithstanding subsection 1, the following trap tag limits apply:

A. If the license holder was issued a Class I, Class II or Class III single or crew lobster and crab fishing license for the first time after meeting the requirements of the apprentice program under section 6422, the license holder may not purchase more than 300 trap tags for the initial license year. For each following year, the license holder may purchase up to an increase of 100 trap tags each year as long as the total number purchased does not exceed the number of traps allowed under the lowest trap limit established by rule for the zones identified on that person's license pursuant to section 6446, subsection 1-A; and

C. If the license holder was issued a Class I, Class II or Class III single or crew lobster and crab fishing license on appeal, the license holder may purchase for the initial license year a number of trap tags up to the number of trap tags purchased by the person for the most recent year in which the person held a license. For each following year, the license holder may purchase up to an increase of 100 trap tags each year as long as the total number purchased does not exceed the number of traps allowed under the lowest trap limit established by rule for the zones identified on that person's license pursuant to section 6446, subsection 1-A.

Sec. 25. 12 MRSA §6431-G, as amended by PL 2013, c. 468, §§16 and 17, is further amended to read:

§ 6431-G. Vessel operation

1. Limitation. Except as provided in subsection 2, the holder of a Class I, Class II or Class III single or crew lobster and crab fishing license may not operate a vessel for the purposes of fishing for or taking lobster other than the vessel named on the holder's lobster and crab fishing license. For the purposes of this section, "operate a vessel" means steering the vessel, operating the vessel's engine throttle or gear shift or operating the mechanism used to haul lobster traps from the water. "Operating a vessel" does not include the baiting of traps or the handling of traps once they are on board the vessel.

2. Exemptions. The commissioner may authorize an individual who possesses a Class I, Class II or Class III single or crew lobster and crab fishing license to fish for or take lobsters from a vessel other than the vessel named on the holder's lobster and crab fishing license if:

A. A Class I, Class II or Class III single or crew license holder is temporarily prevented by illness or disability from fishing for or taking lobsters from the license holder's vessel and requests in writing to the commissioner that the commissioner authorize the individual to operate that vessel to fish for or take lobsters and tend the license holder's traps pursuant to section 6434;

B. The vessel named on the individual's license has become temporarily inoperable because of an accident or a mechanical failure and the individual requests in writing and is granted permission from the commissioner to use another vessel to fish for or take lobsters;

C. The individual is designated as the sponsor of a student pursuant to section 6421 and is operating the vessel named on the student's license for the purposes of providing practical lobster fishing training to the student while the student is present on the vessel; or

D. The individual was the owner of a vessel that was named on that individual's Class I, Class II or Class III single or crew lobster and crab fishing license but is no longer the owner of that vessel due to sale or foreclosure. The individual must demonstrate immediate intent to become the owner of another vessel that will be used to fish for or take lobsters and request in writing permission from the commissioner to use the other vessel to fish for or take lobsters for a limited period of time.

Sec. 26. 12 MRSA §6445-A, sub-§1, as amended by PL 2013, c. 468, §22, is further amended to read:

1. Sale prohibited; exception. An unlicensed crew member engaged by a holder of a Class II or Class III crew lobster and crab fishing license may not sell lobsters or crabs unless the unlicensed crew member:

A. Sells lobsters or crabs under the direct supervision of the holder of the Class II or Class III crew lobster and crab fishing license under whose authority the lobster lobsters or crabs were taken to a purchaser who holds a valid wholesale seafood license with a lobster permit or a valid retail seafood license; and

B. Provides to the purchaser the name and license number of the license holder with whom the crew member was engaged when the lobsters or crabs were harvested.

Sec. 27. 12 MRSA §6446, sub-§1-A, as amended by PL 2015, c. 68, §5, is further amended to read:

1-A. Declared lobster zone; authorized zones. On an application for a Class I, Class II, Class III single, crew, student or noncommercial lobster and crab fishing license or a nonresident lobster and crab landing permit, a person shall declare the lobster management zone in which that person proposes to fish a majority of that person's lobster traps and shall list all other zones in which that person proposes to fish any of that person's lobster traps. A Class I, Class II, Class III single, crew, student or noncommercial lobster and crab fishing license or a nonresident lobster and crab landing permit must identify the declared lobster zone in which the person is authorized to fish a majority of that person's lobster traps and must identify all other zones in which a the person is authorized to fish that person's traps. A person may not place any lobster traps in a zone that is not identified on that person's license. For the purposes of this subsection, the majority of a person's lobster traps must be determined from the number of trap tags issued to that person.

Sec. 28. 12 MRSA §6447, sub-§5-C, ¶¶B and C, as enacted by PL 2005, c. 202, §4 and affected by §5, are amended to read:

B. Require a sponsor of an apprentice to have held a Class I, Class II or Class III single or crew lobster and crab fishing license for at least 5 years; and

C. Require a person to complete all requirements of the apprentice program in a specific zone in order to enter that zone as a Class I, Class II or Class III single or crew lobster and crab fishing license holder. A rule proposed under this paragraph and adopted under section 6446, subsection 2 may not be applied to those portions of the apprentice program requirements a person has completed prior to the effective date of the rule.

Sec. 29. 12 MRSA §6447, sub-§7, as amended by PL 1999, c. 508, §2, is further amended to read:

7. Council member and voter qualifications. A person may not be a member of a zone's lobster management policy council or vote in a zone's council election or referendum unless that person:

A. Possesses a Class I, Class II or Class III single or crew lobster and crab fishing license issued under section 6421; and

B. Declared at the time of obtaining a Class I, Class II or Class III single or crew license the zone in which the person fishes a majority of that person's lobster traps. A person may declare only one zone as the zone in which the person fishes a majority of that person's lobster traps.

The holder of a lobster and crab fishing license issued under section 6421 may fish for lobsters in any zone.

Sec. 30. 12 MRSA §6448, sub-§1, ¶C, as enacted by PL 1999, c. 508, §3, is amended to read:

C. "New zone entrant" means a person who declares a limited-entry zone as that person's declared lobster zone but who did not hold in the previous licensing year a Class I, Class II or Class III single or crew lobster and crab fishing license that identified that zone as the person's declared lobster zone.

Sec. 31. 12 MRSA §6448, sub-§3, as amended by PL 2015, c. 68, §7, is further amended to read:

3. Fishing in limited-entry zones. A person who holds a Class I, Class II, Class III single, crew or student lobster and crab fishing license may not fish a majority of that person's lobster traps in a limited-entry zone unless that person's license identifies that zone as the declared lobster zone.

Sec. 32. 12 MRSA §6448, sub-§4, as amended by PL 2013, c. 239, §3, is further amended to read:

4. Limited-entry zone as declared lobster zone. A person may not be issued a Class I, Class II or Class III single or crew lobster and crab fishing license that identifies a limited-entry zone as the declared lobster zone unless that person:

A. Held in the previous licensing year a Class I, Class II or Class III single or crew lobster and crab fishing license that identified that zone as the person's declared lobster zone; or

B. Is authorized as a new zone entrant by the commissioner pursuant to subsection 7-A to declare that zone as the person's declared lobster zone.

Sec. 33. 12 MRSA §6448, sub-§5, as amended by PL 1999, c. 693, §2, is further amended to read:

5. Application for limited-entry zone. A person who wishes to be a new zone entrant shall indicate to the commissioner in writing a request to declare a limited-entry zone as the person's declared lobster zone, in accordance with this subsection. A person may indicate up to 2 limited-entry zones that the person requests to declare as the person's declared lobster zone. The commissioner shall stamp each request with the time and date of submission. A person may not be authorized as a new zone entrant unless that person made a request under this subsection no later than December 15th of the previous calendar year.

A. A person who held a Class I, Class II or Class III single or crew lobster and crab fishing license in the previous licensing year and wishes to be a new zone entrant shall indicate to the commissioner in writing a request to declare a limited-entry zone as the person's declared lobster zone. The person must be put on a waiting list maintained under subsection 6 according to the time and date the commissioner receives the request.

B. A person who did not hold a Class I, Class II or Class III single or crew lobster and crab fishing license in the previous licensing year and wishes to be a new zone entrant shall indicate to the commissioner in writing which zone the person requests to declare as the person's declared lobster zone. The person must be put on a waiting list maintained under subsection 6 according to the date the commissioner determines that the person is eligible for a Class I, Class II or Class III single or crew lobster and crab fishing license pursuant to section 6421, subsection 5, except that if the person does not indicate to the commissioner in writing which zone the person requests to declare as the person's declared lobster zone within 30 days of the date the commissioner determines that the person is eligible, the person must be put on the waiting list according to the time and date the commissioner receives such a written request.

Sec. 34. 12 MRSA §6448, sub-§7-A, as amended by PL 2015, c. 428, §8, is further amended to read:

7-A. Authorization of new zone entrants. The commissioner shall determine by April 1st of each licensing year the number of new zone entrants that may be authorized for each limited-entry zone. The number of new zone entrants authorized in a licensing year must be in accordance with the exit ratio established under subsection 2 for that zone. The commissioner may adopt rules consistent with subsection 2, paragraph B to implement this subsection. Upon adoption of rules, the exit ratio must be used to establish the number of new zone entrants in accordance with subsection 2, paragraph C by:

A. Dividing the number of trap tags that may be issued to new zone entrants by the zone trap limit under section 6431-A. The number of new zone entrants must be rounded down to the nearest whole number and the remaining trap tags carried over to the following year's allocation; or

B. Applying the exit ratio to the number of individuals who declared that zone as their declared lobster zone in the year prior to the previous calendar year, but who did not declare that zone as their declared lobster zone in the previous calendar year.

The commissioner shall authorize new zone entrants in chronological order of requests received under subsection 5. The commissioner shall notify the authorized new zone entrants by certified mail. If a person does not declare a zone within 30 days after receiving the notification by certified mail, that person must be taken off the waiting list and the next person on the list must be authorized as a new zone entrant. If a person has indicated a request for more than one zone pursuant to subsection 5, that person must be taken off the waiting list for the 2nd zone when the person declares one of the zones as that person's declared lobster zone after being authorized to do so. If a person who holds a current Class I, Class II or Class III single or crew lobster and crab fishing license is authorized as a new zone entrant and declares the zone as that person's declared lobster zone, the commissioner shall change the zone identified on that person's license to the limited-entry zone for which the person is authorized.

Sec. 35. 12 MRSA §6448, sub-§8, as amended by PL 2015, c. 428, §9, is further amended to read:

8. Exceptions. Notwithstanding subsection 4, the following persons may be issued a Class I, Class II or Class III single or crew lobster and crab fishing license that identifies a limited-entry zone as the declared lobster zone without meeting the requirements in subsection 4.

A. A person who is under 18 years of age who successfully completed the requirements of the apprentice program under section 6422 and who submitted documentation of completion of the apprentice program to the department before attaining 18 years of age may declare any zone as that person's declared lobster zone as long as the individual has met all apprentice program rules that may have been adopted in that zone.

A-2. A person under 20 years of age may declare any zone as that person's declared lobster zone if the person:

(1) Successfully completed the requirements of the apprentice program under section 6422;

(2) Submitted documentation of completion of the apprentice program to the department before attaining 20 years of age;

(3) Received a high school diploma or a high school equivalency diploma; and

(4) Has met all apprentice program rules that may have been adopted in that zone.

A-3. A person under 23 years of age may declare any zone as that person's declared lobster zone if the person:

(1) Has logged time fishing in the apprentice program in accordance with section 6422 before attaining 18 years of age;

(2) Successfully completed the requirements of the apprentice program under section 6422;

(3) Submitted documentation of completion of the apprentice program to the department before attaining 23 years of age;

(4) Is enrolled in and meeting the requirements of a half-time course of study as defined in section 6421, subsection 5-A at a postsecondary institution accredited by a state-recognized accrediting agency or body;

(5) Has met all apprentice program rules that may have been adopted in that zone; and

(6) Has been eligible for a student lobster and crab fishing license since before that person attained 18 years of age and has been eligible for that license in each licensing year thereafter.

B. A person who is issued a Class I, Class II or Class III single or crew lobster and crab fishing license on appeal pursuant to section 6310, subsection 2, paragraph A, subparagraph (1) or (2) may declare as that person's declared lobster zone the zone in which the person was authorized to fish a majority of that person's lobster traps in the most recent year in which the person held a license.

C. A person who is issued a Class I, Class II or Class III single or crew lobster and crab fishing license pursuant to section 6421, subsection 5, paragraph D may declare as that person's declared lobster zone the zone in which the person was authorized to fish a majority of that person's lobster traps in the most recent year in which the person held a license.

D. A person who is issued a Class I, Class II or Class III single or crew lobster and crab fishing license and is 70 years of age or older may declare any zone as that person's declared lobster zone.

E. A person who has either successfully completed the requirements of the apprentice program under section 6422 or held a Class I, Class II or Class III single or crew lobster and crab fishing license in the previous calendar year and who has registered to enter an established island limited-entry program as described under section 6449 may declare as that person's declared lobster zone the zone in which that island limited-entry program is located when the person becomes eligible to enter the island limited-entry program.

The trap tags or license issued to a person who declares a limited-entry zone as that person's declared lobster zone pursuant to this subsection may not be counted for the purposes of the exit ratio or the number of new zone entrants that may be authorized for that zone.

Sec. 36. 12 MRSA §6449, as amended by PL 2015, c. 428, §10, is further amended to read:

§ 6449. Island limited-entry programs

An island limited-entry program may be established pursuant to this section in order to maintain a number of licenses appropriate for the needs of an island community and the local lobster resource.

1. Proposal to the commissioner. Notwithstanding section 6448, subsection 7-A, a year-round island community may petition the commissioner for the establishment of an island limited-entry zone program if a minimum of 5 island residents that are holders of a Class I, Class II or Class III single or crew lobster and crab fishing license or 10% of the island residents that are holders of a Class I, Class II or Class III single or crew lobster and crab fishing license, whichever is greater, signs the petition submitted to the commissioner. If a majority of the Class I, Class II or Class III single or crew lobster and crab fishing license holders that are residents on the island voting in a referendum held pursuant to section 6447, subsection 6 support the establishment of an island limited-entry zone program, the commissioner may adopt rules to establish such a program, including a waiting list. Before establishing or amending the number of licenses available to island residents, the commissioner shall determine the number of licenses preferred by a majority of the Class I, Class II or Class III single or crew lobster and crab fishing license holders resident on the island. The commissioner may accept the preferences proposed by a majority of the license holders as reasonable and adopt those preferences or reject the preferences as unreasonable. The commissioner shall consult with the lobster management policy council for the lobster management zone in which the island is located before making the decision.

2. No longer resident. An individual who obtains a Class I, Class II or Class III single or crew lobster and crab fishing license through an island limited-entry program but who no longer wishes to maintain residency on the island is subject to the following requirements.

A. A person who held a Class I, Class II or Class III single or crew lobster and crab fishing license and maintained residency on the island for a period of not less than 8 years and who can document to the commissioner that the person harvested lobsters in each of the 8 years may end the person's residency on the island and fish elsewhere in the lobster management zone in which the island is located without going on a waiting list as established in section 6448.

B. A person who holds a Class I, Class II or Class III single or crew lobster and crab fishing license and who either has maintained residency on the island for less than 8 years or who has maintained residency on the island for at least 8 years but cannot document to the commissioner that the person harvested lobsters in each of the 8 years may end the person's residency on the island and become eligible to fish elsewhere in the lobster management zone in which the island is located if that person complies with the waiting list requirement established in accordance with section 6448.

3. Restriction. This section applies only to an island in the coastal waters with a year-round community that is not connected to the mainland by an artificial structure.

4. Rules. The commissioner shall adopt rules to implement the island limited-entry program. The rules must include but are not limited to:

A. A definition of residency on an island;

B. Allowances for the temporary absence from an island due to a medical condition or educational requirements; and

C. Providing for an opportunity for increasing the number of Class I, Class II or Class III single or crew lobster and crab fishing license holders on an island, if appropriate, based on the characteristics of the island and the lobster resource.

Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 37. 12 MRSA §6450, as amended by PL 2017, c. 352, §§1 and 2, is further amended to read:

§ 6450. Temporary medical allowance

1. Temporary medical allowance. Notwithstanding section 6421, upon request the commissioner may issue a temporary medical allowance that permits an individual to fish under the authority of the license of a Class I, Class II or Class III single or crew lobster and crab fishing license holder but not under the license holder's direct supervision if the following criteria are met:

A. The individual who will be fishing has successfully completed an apprentice program under section 6422;

B. The individual who will be fishing is the child or spouse of the individual who holds the Class I, Class II or Class III single or crew lobster and crab fishing license;

C. The holder of the Class I, Class II or Class III single or crew lobster and crab fishing license is unable to use that license due to a substantial illness or medical condition. The holder of the Class I, Class II or Class III single or crew lobster and crab fishing license shall provide the commissioner with documentation from a physician describing the illness or other medical condition; and

D. The holder of the Class I, Class II or Class III single or crew lobster and crab fishing license documents to the commissioner that the license holder harvested a minimum of 1,000 pounds of lobsters within one year prior to the request for the temporary medical allowance.

A request for a temporary medical allowance must be in writing and must specify the dates for which the temporary medical allowance is requested. The holder of the Class I, Class II or Class III single or crew lobster and crab fishing license on which the temporary medical allowance is based must maintain a valid license during the duration of the temporary medical allowance. The holder of the Class I, Class II or Class III single or crew lobster and crab fishing license is liable for the activities of the individual fishing under the temporary medical allowance.

2. Term. A temporary medical allowance may not exceed one year or, upon renewal under subsection 3, a total of 2 consecutive years.

3. Renewal. The commissioner may renew a temporary medical allowance issued under subsection 1 for a maximum of one year upon a request in writing from the holder of the Class I, Class II or Class III single or crew lobster and crab fishing license upon which the temporary medical allowance is based. A request under this subsection must be received by the commissioner before the expiration of a current temporary medical allowance issued to that license holder.

Sec. 38. 12 MRSA §6455, sub-§5-A, ¶A, as enacted by PL 2013, c. 309, §2, is repealed.

Sec. 39. 12 MRSA §6455, sub-§5-A, ¶¶B and C, as amended by PL 2013, c. 492, §5, are repealed.

Sec. 40. 12 MRSA §6455, sub-§5-A, ¶D, as amended by PL 2017, c. 368, §3, is further amended to read:

D. For the years 2016 2020 to 2021 the surcharges are, for:

(1) Class I Single lobster and crab fishing licenses for persons 18 to 69 years of age, $165.25;

(2) Class II lobster and crab fishing licenses, $330.50, except that for license holders 70 years of age or older the surcharge is $165;

(3) Class III Crew lobster and crab fishing licenses, $480.75, except that for license holders 70 years of age or older the surcharge is $240;

(4) Nonresident lobster and crab landing permits, $480.75;

(5) Wholesale seafood licenses with lobster permits if the license holders hold no supplemental wholesale seafood licenses with lobster permits, or lobster transportation licenses if the license holders hold no supplemental lobster transportation licenses, $1,200;

(6) Supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses as follows:

(a) One thousand eight hundred dollars for up to 2 supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses;

(b) Two thousand four hundred dollars for 3 to 5 supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses; and

(c) Three thousand dollars for 6 or more supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses; and

(7) Lobster processor licenses, $1,000 if less than 1,000,000 pounds of raw product is processed, and $4,000 if 1,000,000 pounds or more of raw product is processed.

Sec. 41. 12 MRSA §6473, sub-§2, ¶A, as enacted by PL 2011, c. 486, §6, is amended to read:

A. Notwithstanding subsection 1, a person registered for Monhegan Lobster Conservation Area trap tags may serve as a crew member to assist in the licensed activities under the direct supervision of a Class I, Class II or Class III single or crew lobster and crab fishing license holder outside the Monhegan Lobster Conservation Area.

Sec. 42. 12 MRSA §6474, sub-§5, as enacted by PL 1997, c. 574, §4, is amended to read:

5. License suspension and eligibility. A person eligible to register for Monhegan Lobster Conservation Area trap tags under subsection 4, paragraph A if not for the suspension of that person's Class I, Class II or Class III single or crew lobster and crab fishing license may not, for the purpose of admitting new registrants, be considered to have failed to register pursuant to section 6475, subsection 1, paragraph C, subparagraph (3). Upon reinstatement of that person's license, that person is deemed registered and the commissioner may issue trap tags to that person, unless that person notifies the commissioner before reinstatement that the person chooses to not be registered.

Sec. 43. 12 MRSA §6482, sub-§2, ¶¶B and C, as enacted by PL 2013, c. 342, §1, are amended to read:

B. Except as provided under paragraph C, the commissioner may not issue Swans Island Lobster Conservation Area trap tags to a person unless:

(1) That person's Class I, Class II or Class III single or crew lobster and crab fishing license issued in the prior calendar year identified the lobster management zone that includes the Swans Island Lobster Conservation Area as the declared lobster zone, as defined in section 6448, subsection 1, paragraph A, and that person applies to the commissioner during the period between January 1st and May 31st for Swans Island Lobster Conservation Area trap tags; or

(2) That person registered with the commissioner to purchase Swans Island Lobster Conservation Area trap tags for the prior season and applies to the commissioner during the period between January 1st and May 31st for Swans Island Lobster Conservation Area trap tags.

C. A person otherwise eligible to apply for Swans Island Lobster Conservation Area trap tags under paragraph B if not for the suspension of that person's Class I, Class II or Class III single or crew lobster and crab fishing license may apply to the commissioner for Swans Island Lobster Conservation Area trap tags during the period between January 1st and May 31st. Upon reinstatement of that person's license, the commissioner may issue trap tags to that person.

Sec. 44. 12 MRSA §6810-A, sub-§1-A, as enacted by PL 2017, c. 146, §2, is amended to read:

1-A. Eligibility. A marine harvesting demonstration license may be issued only to an individual, except that a person who holds a Class I, Class II or Class III single or crew lobster and crab fishing license or a noncommercial lobster and crab fishing license may not be issued a marine harvesting demonstration license.

Sec. 45. 12 MRSA §6810-A, sub-§2, as enacted by PL 2003, c. 169, §1 and affected by §3, is amended to read:

2. Licensed activities. An individual who holds a marine harvesting demonstration license may engage in limited fishing activities for the purpose of providing an educational demonstration of marine harvesting techniques or of the marine ecology of the Gulf of Maine as part of a commercial operation. An individual may not handle a lobster trap, warp or buoy used for the purposes of this section unless that individual meets the requirements of subsection 7.

Subject to the requirements of subsection 3, an individual who holds a Class I, Class II or Class III single or crew lobster and crab fishing license may assist a person who holds a marine harvesting demonstration license on that person's boat in the demonstration of lobster and crab fishing without obtaining a marine harvesting demonstration license.

Sec. 46. 12 MRSA §6810-A, sub-§7, ¶B, as enacted by PL 2003, c. 169, §1 and affected by §3, is amended to read:

B. Held a Class I, Class II or Class III single or crew lobster and crab fishing license and has landed lobster under that license.

Sec. 47. 12 MRSA §6851, sub-§2-A, as amended by PL 2009, c. 523, §8, is further amended to read:

2-A. Wholesale seafood license with lobster permit. At the request of the applicant, the commissioner shall issue a wholesale seafood license with a lobster permit. A person holding a wholesale seafood license with a lobster permit may engage in all the activities in subsection 2 and may buy, sell, process or ship lobster or properly licensed or lawfully imported lobster meat or parts. A person holding a wholesale seafood license with a lobster permit may transport lobster or properly licensed or lawfully imported lobster meat or parts anywhere within the state limits. A license under this subsection does not authorize a person to possess or transport lobster that person has taken unless that person is in possession of a license issued under section 6421, subsection 3-A, paragraph A, B , C or E. A license under this subsection does not authorize a person to remove lobster meat from the shell unless a license under section 6851-B is held.

Sec. 48. Effective date. This Act takes effect January 1, 2020.

summary

This bill eliminates the Class I, Class II and Class III lobster and crab fishing licenses and replaces them with single and crew lobster and crab fishing licenses. It also specifies that a crew lobster and crab fishing license authorizes a license holder to engage an unlimited number of unlicensed crew members to assist in the licensed activities allowed by the crew lobster and crab fishing license.

HP0497 LD 676	Session - 129th Maine Legislature		LR 851 Item 1
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