An Act To Create a Class II Limited Lobster and Crab Fishing License and Improve the Limited-entry System
Sec. 1. 12 MRSA §6302-A, sub-§3, ¶A, as amended by PL 2011, c. 598, §17, is further amended to read:
Sec. 2. 12 MRSA §6302-A, sub-§3, ¶A-1, as enacted by PL 2011, c. 598, §17, is amended to read:
Sec. 3. 12 MRSA §6302-A, sub-§3, ¶A-2, as enacted by PL 2013, c. 254, §3, is amended to read:
Sec. 4. 12 MRSA §6310, sub-§1, as amended by PL 2011, c. 266, Pt. A, §3, is further amended to read:
Sec. 5. 12 MRSA §6310, sub-§2, ¶A, as amended by PL 2013, c. 319, §1, is further amended to read:
(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 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 , Class II limited or Class III 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 §6406, sub-§1, ¶B, as amended by PL 1991, c. 302, §1, is further amended to read:
Sec. 7. 12 MRSA §6406, sub-§1, ¶C, as amended by PL 1991, c. 302, §1, is repealed.
Sec. 8. 12 MRSA §6408, as reallocated by RR 1999, c. 2, §13, is amended to read:
§ 6408. Suspension of lobster and crab fishing license
A person whose Class I, Class II , Class II limited or Class III 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 , Class II limited or Class III lobster and crab fishing license pursuant to section 6421, subsection 5, paragraph D.
Sec. 9. 12 MRSA §6421, sub-§1, ¶B-1 is enacted to read:
Sec. 10. 12 MRSA §6421, sub-§2, as amended by PL 1995, c. 568, §1, is further amended to read:
Sec. 11. 12 MRSA §6421, sub-§3-A, ¶B-1 is enacted to read:
Sec. 12. 12 MRSA §6421, sub-§3-A, ¶D, as amended by PL 1999, c. 490, §1, is further amended to read:
Sec. 13. 12 MRSA §6421, sub-§3-A, ¶E, as amended by PL 2015, c. 68, §3, is further amended to read:
(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 , Class II limited or Class III lobster and crab fishing license issued under this section.
Sec. 14. 12 MRSA §6421, sub-§5, as amended by PL 2011, c. 486, §1, is further amended to read:
Notwithstanding the age requirements of this subsection, a person who holds a Class I, Class II or Class III license on December 31, 2007 may continue to be issued a Class I, Class II or Class III license provided , or may be issued a Class II limited license under subsection 5-F, as long as that person continues to meet the requirements of paragraph A.
Sec. 15. 12 MRSA §6421, sub-§5-A, as amended by PL 2007, c. 219, §1, is repealed and the following enacted in its place:
(1) A person attending a public day school in accordance with the attendance requirement of Title 20-A, section 5001-A, subsection 1;
(2) A person meeting the requirements of an alternative to attendance at public day school in accordance with Title 20-A, section 5001-A, subsection 3; or
(3) A person enrolled in and meeting the requirements of a full-time course of study at a college or university accredited by a state-recognized accrediting agency or body; or
(1) Held a student lobster and crab fishing license prior to attaining 18 years of age; and
(2) Logged time fishing under the student lobster and crab fishing license under subparagph (1) in accordance with section 6455.
A person may not be considered to have ceased to be a student during any interim between school years if the interim does not exceed 5 months and if it is shown that the person has a bona fide intention of continuing to pursue a full-time course of study during the semester or other enrollment period immediately following the interim period. For purposes of this subsection, "full-time course of study" means at least 60% of the usual course load for the program in which the person is enrolled.
The commissioner may revoke a student license of an individual who has ceased to be a full-time student.
Sec. 16. 12 MRSA §6421, sub-§5-B, ¶B, as enacted by PL 2001, c. 581, §1, is amended to read:
Sec. 17. 12 MRSA §6421, sub-§5-F is enacted to read:
Sec. 18. 12 MRSA §6421, sub-§7-A, ¶¶C-2 and C-3 are enacted to read:
Sec. 19. 12 MRSA §6421, sub-§8, as amended by PL 2009, c. 213, Pt. G, §3, is repealed and the following enacted in its place:
Sec. 20. 12 MRSA §6422, sub-§5 is enacted to read:
Sec. 21. 12 MRSA §6431-A, sub-§1, as amended by PL 2007, c. 201, §12, is further amended to read:
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:
Sec. 23. 12 MRSA §6431-E, sub-§3, as amended by PL 2013, c. 468, §15, is further amended to read:
Sec. 24. 12 MRSA §6431-F, sub-§1, ¶B, as amended by PL 2005, c. 239, §2, is further amended to read:
Sec. 25. 12 MRSA §6431-F, sub-§2, as amended by PL 2005, c. 239, §2, is further amended to read:
Sec. 26. 12 MRSA §6431-G, as amended by PL 2013, c. 468, §§16 and 17, is further amended to read:
§ 6431-G. Vessel operation
Sec. 27. 12 MRSA §6445-A, sub-§1, as amended by PL 2013, c. 468, §22, is further amended to read:
Sec. 28. 12 MRSA §6446, sub-§1-A, as amended by PL 2015, c. 68, §5, is further amended to read:
Sec. 29. 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:
Sec. 30. 12 MRSA §6447, sub-§7, ¶A, as enacted by PL 1995, c. 468, §8, is amended to read:
Sec. 31. 12 MRSA §6447, sub-§7, ¶B, as amended by PL 1999, c. 508, §2, is further amended to read:
Sec. 32. 12 MRSA §6448, sub-§1, ¶C, as enacted by PL 1999, c. 508, §3, is amended to read:
Sec. 33. 12 MRSA §6448, sub-§2, ¶A-1, as enacted by PL 2013, c. 239, §2, is repealed.
Sec. 34. 12 MRSA §6448, sub-§2, ¶B, as amended by PL 2013, c. 239, §2, is further amended to read:
Sec. 35. 12 MRSA §6448, sub-§2, ¶C, as amended by PL 2013, c. 239, §2, is repealed and the following enacted in its place:
An exit ratio established by rule under this subsection is not required to be the same as the exit ratio proposed by the lobster management policy council.
Sec. 36. 12 MRSA §6448, sub-§2, ¶E, as amended by PL 2013, c. 239, §2, is further amended to read:
(1) The individual has completed the requirements of the apprenticeship program established under section 6422 by the date the commissioner receives written notification from the lobster management policy council that a majority of the council has voted to conduct a survey pursuant to paragraph D; and
(2) The individual's name is listed on the waiting list maintained under subsection 6 by the date the commissioner receives written notification from the lobster management policy council that a majority of the council has voted to conduct a survey pursuant to paragraph D.
This paragraph does not apply when the methodology by which new entrants are calculated is changed from trap tags to licenses or when an exit ratio based on the number of trap tags retired is adopted, in accordance with paragraph C, for the first time in a lobster management zone.
Sec. 37. 12 MRSA §6448, sub-§3, as amended by PL 2015, c. 68, §7, is further amended to read:
Sec. 38. 12 MRSA §6448, sub-§4, as amended by PL 2013, c. 239, §3, is further amended to read:
Sec. 39. 12 MRSA §6448, sub-§5, ¶A, as enacted by PL 1999, c. 693, §2, is amended to read:
Sec. 40. 12 MRSA §6448, sub-§5, ¶B, as enacted by PL 1999, c. 693, §2, is amended to read:
Sec. 41. 12 MRSA §6448, sub-§7-A, as enacted by PL 2013, c. 239, §5, is repealed and the following enacted in its place:
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, Class II limited or Class III 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. 42. 12 MRSA §6448, sub-§8, as amended by PL 2013, c. 239, §6, is further amended to read:
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. 43. 12 MRSA §6449, sub-§1, as amended by PL 2013, c. 239, §8, is further amended to read:
Sec. 44. 12 MRSA §6449, sub-§2, as enacted by PL 2009, c. 294, §2, is amended to read:
Sec. 45. 12 MRSA §6449, sub-§4, ¶C, as enacted by PL 2009, c. 294, §2, is amended to read:
Sec. 46. 12 MRSA §6450, sub-§1, as enacted by PL 2013, c. 239, §9, is amended to read:
A temporary medical allowance may not exceed one year. 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 , Class II limited or Class III 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 , Class II limited or Class III lobster and crab fishing license is liable for the activities of the individual fishing under the temporary medical allowance.
Sec. 47. 12 MRSA §6451, sub-§1, as amended by PL 2009, c. 561, §18, is further amended to read:
Sec. 48. 12 MRSA §6455, sub-§5-A, ¶D, as amended by PL 2013, c. 492, §5, is further amended to read:
(1) Class I 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;
(2-A) Class II limited lobster and crab fishing licenses, $165;
(3) Class III 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. 49. 12 MRSA §6473, sub-§2, ¶A, as enacted by PL 2011, c. 486, §6, is amended to read:
Sec. 50. 12 MRSA §6474, sub-§5, as enacted by PL 1997, c. 574, §4, is amended to read:
Sec. 51. 12 MRSA §6482, sub-§2, ¶¶B and C, as enacted by PL 2013, c. 342, §1, are amended to read:
(1) That person's Class I, Class II , Class II limited or Class III 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.
Sec. 52. 12 MRSA §6810-A, sub-§2, as enacted by PL 2003, c. 169, §1 and affected by §3, is amended to read:
Subject to the requirements of subsection 3, an individual who holds a Class I, Class II , Class II limited or Class III 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. 53. 12 MRSA §6810-A, sub-§7, ¶B, as enacted by PL 2003, c. 169, §1 and affected by §3, is amended to read:
Sec. 54. Transition. Rules adopted pursuant to the Maine Revised Statutes, former Title 12, section 6448, subsection 2, paragraph C, subparagraph (1) remain in effect until amended by the Commissioner of Marine Resources, except that the commissioner shall adopt rules by January 1, 2017 that establish an exit ratio in limited-entry zones that conforms to the requirements of Title 12, section 6448, subsection 2, paragraph C.
summary
This bill creates a new Class II limited lobster and crab fishing license, which provides the same benefits as a Class II lobster and crab fishing license except that the holder may fish up to 300 traps instead of the 800 traps allowed under a Class II license. The fee for the new Class II limited lobster and crab fishing license is $136 for residents and $793 for nonresidents, which is less than the fee for a resident or nonresident Class II license.
Beginning January 1, 2017, this bill requires that the Commissioner of Marine Resources adopt rules establishing that the exit ratio in limited-entry lobster and crab fishing zones be based upon retired licenses only, instead of upon either retired licenses or retired trap tags.
This bill provides that a participant in the apprentice program under 23 years of age may receive a Class I, Class II, Class II limited or Class III lobster and crab fishing license and enter a limited-entry zone if the participant has received a high school diploma or high school equivalency diploma prior to attaining 23 years of age.
This bill prohibits the adoption of rules that would require a participant in the apprentice program who has registered to enter an island limited-entry zone program to apprentice in the zone in which the island limited-entry zone program is located. This bill also reduces the support required in a referendum of island residents to establish an island limited-entry zone program from 2/3 of lobster and crab fishing license holders to a majority of license holders.
This bill removes the special licensing fees for applicants who are 70 years of age or older.