CHAPTER 468
H.P. 1003 - L.D. 1368
An Act Concerning Age Requirements for Student, Apprentice and Noncommercial Lobster Licenses
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6421, sub-§3-A, ¶E, as amended by PL 1999, c. 490, §1, is repealed and the following enacted in its place:
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. For the purposes of this paragraph, "sponsor" means a person who holds a Class I, Class II or Class III lobster and crab fishing license issued under this section.
Sec. 2. 12 MRSA §6421, sub-§5-A, as amended by PL 1995, c. 568, §1, is further amended to read:
5-A. Student license eligibility. A student license may only be issued to a person who, at the time of application, is a full-time student not more than 22 8 years of age or older and under 23 years of age. For the purposes of this subsection, "full-time student" means "student" as defined in Title 39-A, section 102, subsection 8, paragraph C.
Sec. 3. 12 MRSA §6421, sub-§5-B, as enacted by PL 2001, c. 581, §1, is amended to read:
5-B. Noncommercial lobster and crab fishing license eligibility. Beginning with license year 2003, a noncommercial lobster and crab fishing license may be issued only to a person who, at the time of application, is 8 years of age or older and has:
A. Successfully completed a lobster and crab fishing written examination, as provided in section 6423; or
B. Held a Class I, Class II or Class III lobster and crab fishing license and has landed lobster under that license.
Once a person successfully completes the examination, that person need not repeat the examination to renew the license.
Sec. 4. 12 MRSA §6421, sub-§5-C is enacted to read:
5-C. Apprentice lobster and crab fishing license eligibility. An apprentice lobster and crab fishing license may be issued only to a person who, at the time of application, is 8 years of age or older.
Sec. 5. 12 MRSA §6421-C is enacted to read:
§6421-C. Application of student and noncommercial license age requirements
1. Student licenses. Notwithstanding the age requirements of section 6421, subsection 3-A, paragraph E and section 6421, subsection 5-A, a person who holds a student license on October 31, 2003 may continue to be issued a student license until that person reaches 23 years of age. Notwithstanding the trap limits under section 6421, subsection 3-A, paragraph E, a person who is 8 years of age or older and who holds a student license on October 31, 2003 may not submerge at any one time more than 150 lobster traps in the coastal waters of the State. A person who holds a student license and is less than 8 years of age on October 31, 2003 may not at any one time submerge more than 10 traps in the coastal waters of the State and upon reaching 8 years of age is subject to the trap limits provided in section 6421, subsection 3-A, paragraph E. A person who holds a student license on October 31, 2003 must comply with the full-time student requirement of section 6421, subsection 5-A and the apprenticeship program and sponsor requirements of section 6421, subsection 3-A, paragraph E.
2. Noncommercial licenses. Notwithstanding the age requirements of section 6421, subsection 5-B, a person who holds a noncommercial license and is less than 8 years of age on October 31, 2003 may continue to be issued a noncommercial license subject to the examination and licensure requirements of section 6421, subsection 5-B.
3. Violation. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
Sec. 6. 12 MRSA §6422, sub-§1, as amended by PL 1999, c. 490, §2, is further amended to read:
1. Program established; experience component. By July 1, 1996, the commissioner shall establish by rule an apprentice program for entry into the lobster fishery. The program must include practical lobster fishing experience. A person must be 8 years of age or older and hold an apprentice lobster and crab fishing license or a student lobster and crab fishing license under section 6421 to enter the program.
Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.
MARINE RESOURCES, DEPARTMENT OF
Division of Administrative Services 0258
Initiative: Deappropriates funds for operational expenses.
General Fund 2003-04 2004-05
All Other ($1,271) ($1,271)
__________ __________
General Fund Total ($1,271) ($1,271)
Effective September 13, 2003, unless otherwise indicated.
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