B.__A family member of the vessel owner under paragraph A is present on that vessel and holds a scallop draggers license.

For the purposes of this subsection, the term "family member" is defined under section 6431-E, subsection 1, paragraph A, and the term "owner" is defined under section 6431-E, subsection 1, paragraph B.

2.__Exemptions.__Notwithstanding subsection 1, the commissioner may authorize an individual to fish for or take scallops from a vessel when the owner of that vessel is not on board if:

A.__The owner of that vessel holds a scallop draggers license, documents to the commissioner that an illness or disability temporarily prevents that owner from fishing for or taking scallops 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 scallops;

B.__The vessel named on the license of a license holder is temporarily inoperable because of an accident or a mechanical failure and the license holder requests in writing to the commissioner that the commissioner authorize the license holder to use another vessel to fish for or take scallops for a set period of time until the original vessel named on the license of the license holder is again operable; or

C.__The individual documents to the commissioner the individual has held more than one scallop draggers license for 3 consecutive years, was the owner of the vessels named on those licenses during those same years and is currently the owner of the vessels named on those licenses.__Under this paragraph, the commissioner may renew each license held by the individual if the vessel named on that license is unchanged from the vessel named on the owner's scallop boat license in 2003.

3. Liability.__In the case of an exemption allowed under subsection 2, the vessel owner is liable for the licensed activities under this section of a person using that vessel to fish for or take scallops.

Sec. 4. 12 MRSA §6728, sub-§2, as enacted by PL 2001, c. 192, §1, is amended to read: