HP0055, LD 68, item 1, An Act To Implement an Owner-Operator Requirement in the Scallop and Sea Urchin Fisheries

An Act To Implement an Owner-Operator Requirement in the Scallop and Sea Urchin Fisheries

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

Sec. 1. 12 MRSA §6001, sub-§14-A is enacted to read:

14-A. Family member. "Family member" means a spouse, brother, sister, son-in-law, daughter-in-law, parent by blood, parent by adoption, mother-in-law, father-in-law, child by blood, child by adoption, stepchild, stepparent, grandchild or grandparent.

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

2. Criteria for license issuance on appeal. The commissioner may issue a license on appeal only if the criteria in this subsection are met.

A. A Class I, Class II or Class III 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 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 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.

B. A handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping 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 that license, and the person documents that the person harvested sea urchins while in possession of the same 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.

C. A hand fishing scallop license or a scallop dragging 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 that license, and the person documents that the person harvested scallops while in possession of the same 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.

For the purposes of this subsection, "family member" means a spouse, brother, sister, son-in-law, daughter-in-law, parent by blood, parent by adoption, mother-in-law, father-in-law, child by blood, child by adoption, stepchild, stepparent, grandchild or grandparent.

Sec. 3. 12 MRSA §6431-E, sub-§1, ¶A, as amended by PL 1999, c. 26, §1, is repealed.

Sec. 4. 12 MRSA §6432, sub-§3, as amended by PL 2011, c. 266, Pt. A, §12, is further amended to read:

3. Color design. It is unlawful to set, raise, lift or transfer any lobster trap unless the color design of the attached buoy is the same as the color design that is on file with the license application and is displayed on the boat, or unless the person is duly licensed and possesses written permission from the rightful owner of the lobster trap or buoy. Prior notification of changes in buoy color design must be provided to the commissioner. The Bureau of Marine Patrol may require the alteration of an individual's lobster and crab fishing buoy color design if a marine patrol officer has determined that the buoy color design is not distinct and distinguishable from the buoy color designs of the individual's family members as defined by section 6431-E.

Sec. 5. 12 MRSA §6702, sub-§§1-A and 1-B are enacted to read:

1-A. Boat ownership requirement. Except as provided in subsection 1-B, a boat may not be used to drag for scallops unless that boat is owned by a scallop dragging license holder and:

A. The owner of that boat is present on that boat; or

B. A family member of the boat owner holds a scallop dragging license and is present on that boat.

1-B. Exemptions to ownership requirement. Notwithstanding subsection 1-A, the commissioner may authorize a person to drag for scallops from a boat when an owner or family member is not on board if that person holds a scallop dragging license and:

A. The owner of that boat holds a scallop dragging license, documents to the commissioner that an illness or disability temporarily prevents that owner from dragging for scallops from that boat and requests in writing that the commissioner authorize that person to use that boat to drag for scallops;

B. Is the owner of a boat that has become temporarily inoperable because of an accident or a mechanical failure and requests in writing permission from the commissioner to use another specific boat to drag for scallops;

C. Was the owner of a boat that was named on that person's scallop dragging license but is no longer the owner of that boat due to sale or foreclosure, demonstrates immediate intent to become the owner of another boat that will be used to drag for scallops and requests in writing permission from the commissioner to use the other boat to drag for scallops for a limited period of time; or

D. Documents to the commissioner by December 31, 2017 that that person dragged for scallops and recorded landings of scallops taken by dragging during each of the calendar years 2015, 2016 and 2017 from the same boat and that boat did not have on board an individual who meets the requirements of subsection 1-A, paragraph A or B. A person may not qualify for the exemption under this paragraph unless that person continues to drag for scallops from the boat from which the person dragged for scallops during each of the calendar years 2015, 2016 and 2017.

Sec. 6. 12 MRSA §6702, sub-§2, as amended by PL 2011, c. 598, §31, is repealed and the following enacted in its place:

2. Licensed activity; operation requirement. The holder of a scallop dragging license and the license holder's crew may drag for scallops in the State's territorial waters and possess, ship, sell or transport shucked scallops taken under the license. Except as provided in subsection 2-A, the holder of a scallop dragging license may not operate a boat for the purpose of dragging for scallops other than the boat named on the license holder's scallop dragging license. For the purposes of this subsection and subsection 2-A, "operate a boat" means steering the boat, operating the boat's engine throttle or gear shift or operating the mechanism used to haul scallops from the water.

Sec. 7. 12 MRSA §6702, sub-§2-A, as enacted by PL 2007, c. 607, Pt. A, §2, is amended to read:

2-A. Exemptions to operation requirement. Notwithstanding subsection 2, the commissioner may authorize a person to fish for or take scallops from a boat when the person holding a scallop dragging license that contains the name of that boat is not on board the holder of a scallop dragging license to operate a boat for the purpose of dragging for scallops other than the boat named on the license holder's scallop dragging license if:

A. The A holder of the a scallop dragging license documents to the commissioner that an illness or disability temporarily prevents the that license holder from fishing for or taking scallops from that boat operating the boat named on that license holder's scallop dragging license and requests in writing to the commissioner that the commissioner authorize another person to use operate that boat to fish for or take drag for scallops; or

B. The boat 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 operate another boat to fish for or take drag for scallops . ; or

C. The person was the owner of a boat that was named on that person's scallop dragging license but is no longer the owner of that boat due to sale or foreclosure, demonstrates immediate intent to become the owner of another boat that will be used to drag for scallops and requests in writing permission from the commissioner to operate the other boat to drag for scallops for a limited period of time.

Sec. 8. 12 MRSA §6702, sub-§§7 and 8 are enacted to read:

7. "Owner" defined. As used in this section, unless the context otherwise indicates, "owner" means an individual who is the owner of a vessel registered under chapter 935 or the owner of a vessel documented under 46 Code of Federal Regulations, Part 67; the person who owns the highest percentage of a partnership, corporation or other entity that is the owner of a vessel registered under chapter 935 or a vessel documented under 46 Code of Federal Regulations, Part 67; or, when 2 or more persons own in equal proportion the highest percentages of a partnership, corporation or other entity that owns a vessel registered under chapter 935 or a vessel documented under 46 Code of Federal Regulations, Part 67, one of the highest percentage owners as designated by the owners of that partnership, corporation or other entity.

8. Rules. The commissioner may adopt rules to implement and administer this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. 9. 12 MRSA §6706, as amended by PL 2011, c. 237, §§1 to 3 and c. 266, Pt. A, §19, is further amended to read:

§ 6706. Limited entry

1. License eligibility in 2009. The commissioner may not issue a 2009 hand fishing scallop license or a 2009 scallop dragging license to a person unless that person possessed a scallop license issued pursuant to section 6701 or a scallop boat license issued pursuant to section 6702 in either:

A. The 2005, 2006 or 2007 license year; or

B. The 2008 license year prior to May 1, 2008.

2. License eligibility. Except as provided in subsection subsections 2-A and 3, the commissioner may not issue a hand fishing scallop license or a scallop dragging license to any person in any year subsequent to 2009 unless that person possessed that license in the previous calendar year or is eligible to obtain a license in accordance with the limited entry system established under subsection 3.

2-A. License eligibility in 2018 and subsequent years. A holder of a scallop dragging license who does not meet the boat ownership requirements or exemptions of section 6702, subsection 1-A or 1-B may be issued a scallop dragging license in 2018 and in subsequent consecutive years for the purpose of maintaining eligibility for a scallop dragging license issued under subsection 2. When the holder of a scallop dragging license issued under this subsection for the purpose of maintaining eligibility for a scallop dragging license meets the requirements or exemptions of section 6702, subsection 1-A or 1-B, that person may drag for scallops in accordance with this Part.

3. Scallop license limited entry system. Notwithstanding subsection 2, the commissioner shall establish by rule a limited entry system under which a person who did not hold a hand fishing scallop license or a scallop dragging license in the previous calendar year may become eligible to obtain that license. The rules for a limited entry system must include provisions for the method and administration of the program. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 10. 12 MRSA §6748-A, as amended by PL 2011, c. 598, §§38 and 39, is further amended to read:

§ 6748-A. Sea urchin dragging license

1. License required. A person may not engage in the activities authorized under this section without a current use a boat for dragging for sea urchins in the State's territorial waters unless that person holds a sea urchin dragging license issued by the commissioner and that boat is identified on the license.

1-A. Boat ownership requirement. Except as provided in subsection 1-B, a boat may not be used to drag for sea urchins unless that boat is owned by a sea urchin dragging license holder and:

A. The owner of that boat is present on that boat; or

B. A family member of the boat owner holds a sea urchin dragging license and is present on that boat.

1-B. Exemptions to ownership requirement. Notwithstanding subsection 1-A, the commissioner may authorize a person to drag for sea urchins from a boat when an owner or family member is not on board if that person holds a sea urchin dragging license and:

A. The owner of that boat holds a sea urchin dragging license, documents to the commissioner that an illness or disability temporarily prevents that owner from dragging for sea urchins from that boat and requests in writing that the commissioner authorize that person to use that boat to drag for sea urchins;

C. Was the owner of a boat that was named on that person's sea urchin dragging license but is no longer the owner of that boat due to sale or foreclosure, demonstrates immediate intent to become the owner of another boat that will be used to drag for sea urchins and requests in writing permission from the commissioner to use the other boat to drag for sea urchins for a limited period of time; or

D. Documents to the commissioner by December 31, 2017 that that person dragged for sea urchins and recorded landings of sea urchins taken by dragging during each of the calendar years 2015, 2016 and 2017 from the same boat and that boat did not have on board an individual who meets the requirements of subsection 1-A, paragraph A or B. A person may not qualify for the exemption under this paragraph unless that person continues to drag for sea urchins from the boat from which the person dragged for sea urchins during each of the calendar years 2015, 2016 and 2017.

2. Licensed activity; operation requirement. The holder of a sea urchin dragging license may use the vessel named on the holder's license to drag for sea urchins. The license also authorizes the captain and crew members aboard the vessel named on the license to drag for and possess, ship, transport and sell sea urchins, except that the captain and crew members may not drag for sea urchins if the license holder is not aboard the vessel and the license holder's crew may drag for sea urchins in the State's territorial waters and possess, ship, sell or transport sea urchins taken under the license. Except as provided in subsection 2-B, the holder of a sea urchin dragging license may not operate a boat for the purpose of dragging for sea urchins other than the boat named on the license holder's sea urchin dragging license. For the purposes of this subsection and subsection 2-B, "operate a boat" means steering the boat, operating the boat's engine throttle or gear shift or operating the mechanism used to haul sea urchins from the water.

2-A. Change of named individual. A person who is the owner of a vessel named on a sea urchin dragging license in 2000 but not the individual named on that license may apply to the commissioner to be the individual named on that sea urchin dragging license in 2002. The person must provide written notarized documentation to the commissioner authorizing the change in license name by the individual who was named on that license in 2000. If no such request is received by the commissioner by December 1, 2001, then the individual named on the 2002 sea urchin dragging license will be the same as the individual named on the 2001 sea urchin dragging license and no future changes of the named individual will be permitted.

2-B. Exemptions to operation requirement. Notwithstanding subsection 2, the commissioner may authorize a person to fish for or take sea urchins from a vessel when the person holding a sea urchin dragging license that contains the name of that vessel is not on board the holder of a sea urchin dragging license to operate a boat for the purpose of dragging for sea urchins other than the boat named on the license holder's sea urchin dragging license if:

A. The A holder of the a sea urchin dragging license documents to the commissioner that an illness or disability temporarily prevents the that license holder from fishing for or taking sea urchins from that vessel operating the boat named on that license holder's sea urchin dragging license and requests in writing to the commissioner that the commissioner authorize another person to use operate that vessel boat to fish for or take drag for sea urchins from the vessel;

B. The vessel boat 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 operate another vessel boat to fish for or take drag for sea urchins; or

C. An individual documents to the commissioner that the individual has held or leased more than one sea urchin dragging 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 eligible individual if the vessel named on that license is unchanged from the vessel named on the license in 2000.

D. The person was the owner of a boat that was named on that person's sea urchin dragging license but is no longer the owner of that boat due to sale or foreclosure, demonstrates immediate intent to become the owner of another boat that will be used to drag for sea urchins and requests in writing permission from the commissioner to operate the other boat to drag for sea urchins for a limited period of time.

3. Eligibility. A sea urchin dragging license may be issued only to an individual who is a resident.

4. Zone 2 fee. The fee for a Zone 2 sea urchin dragging license is $152.

4-B. Zone 1 fee. The fee for a Zone 1 sea urchin dragging license is $25 per year when the season is no longer than 10 days. If the Zone 1 season is longer than 10 days, the department may by rule increase the sea urchin dragging license fee to an amount no higher than the amount specified in subsection 4. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

5. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

6. "Owner" defined. As used in this section, unless the context otherwise indicates, "owner" means an individual who is the owner of a vessel registered under chapter 935 or the owner of a vessel documented under 46 Code of Federal Regulations, Part 67; the person who owns the highest percentage of a partnership, corporation or other entity that is the owner of a vessel registered under chapter 935 or a vessel documented under 46 Code of Federal Regulations, Part 67; or, when 2 or more persons own in equal proportion the highest percentages of a partnership, corporation or other entity that owns a vessel registered under chapter 935 or a vessel documented under 46 Code of Federal Regulations, Part 67, one of the highest percentage owners as designated by the owners of that partnership, corporation or other entity.

7. Rules. The commissioner may adopt rules to implement and administer this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. 11. 12 MRSA §6749-O, sub-§2-A, ¶B, as enacted by PL 2007, c. 615, §18, is amended to read:

B. Becomes eligible to obtain that license pursuant to a limited entry system under subsection 2-B or 2-C; or

Sec. 12. 12 MRSA §6749-O, sub-§2-C is enacted to read:

2-C. License eligibility in 2018 and subsequent years. A holder of a sea urchin dragging license who does not meet the boat ownership requirements or exemptions of section 6748-A, subsection 1-A or 1-B may be issued a sea urchin dragging license in 2018 and in subsequent consecutive years for the purpose of maintaining eligibility for a sea urchin dragging license issued under subsection 2-A. When the holder of a sea urchin dragging license issued under this subsection for the purpose of maintaining eligibility for a sea urchin dragging license meets the requirements or exemptions of section 6748-A, subsection 1-A or 1-B, that person may drag for sea urchins in accordance with this Part.

Sec. 13. Rules. The Commissioner of Marine Resources shall adopt the rules required under the Maine Revised Statutes, Title 12, section 6706, subsection 3. Those rules must be provisionally adopted and submitted to the Legislature no later than January 12, 2018.

summary

This bill implements an owner-operator requirement in the scallop dragging and sea urchin dragging fisheries. The bill provides that a boat may not be used to drag for scallops unless the boat is owned by a scallop dragging license holder and the owner or a family member is on board. The bill implements the same ownership requirement for sea urchin dragging boats and license holders. The bill provides certain exceptions to the boat ownership requirement for illness or disability, for temporary inoperability of the owner's boat and for sale of the boat named on the license and to allow a license holder who meets certain requirements but who does not own a boat to continue fishing in the future. The bill allows a person who cannot meet the boat ownership requirements to hold a license to maintain eligibility for a future license in the limited entry scallop dragging fishery and in the limited entry sea urchin dragging fishery. The bill also provides that the holder of a scallop dragging license or a sea urchin dragging license may operate only the boat named on the license to drag for scallops or sea urchins. The bill provides certain exceptions to the boat operation requirement for illness or disability, for temporary inoperability of the boat and for sale of the boat named on the license. The bill requires the Commissioner of Marine Resources to provisionally adopt rules establishing a limited entry system in the scallop fishery no later than January 12, 2018.

HP0055 LD 68	Session - 128th Maine Legislature		LR 121 Item 1
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