An Act to Allow the Sale of Lobster and Crab Fishing Licenses LR 0730(02)
Maine Legislature, Session 121, LD 0276
Committee Amendment CA_A_H628 (House)
Amends: 12 MRSA §6424

COMMITTEE AMENDMENT "ff' to H.P. 219, L.D. 276, Bill, 
Act to Allow the Sale of Lobster and Crab Fishing Licenses" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 12 MRSA §6424 is enacted to read: 
§6424. 
Sale of cOmmercial lobster and crab fishing license 
The provisions of this section govern the sale of a Class I, 
Class II or Class III lobster and crab fishing license. 
Nothing 
in this section establishes a property right in a Class I, Class 
II or Class III lobster and crab fishing license. 
1. Sale of lobster and crab fishing license. A person who 
holds a valid Class I, Class II or Class III lobster and crab 
fishing license may sell that license to 
another person as 
provided 
under 
subsection 
( 
as 
long 
as 
the 
-following 
reguirements are met. 
A. 
The seller of the lobster and crab fishing license must 
provide documentation to the department demonstrating that 
the seller has fished under that license for at least S 
years and during that time derived a minimum of SP-b of the 
seller's net annual income from lobster fishing. 
B. 
The seller may sell the lobster and crab fishing license 
only in conjunction with the sale of the seller's boat and 
Page I-LR0730(2) 
COMMITTEE AMENDMENT 
:ts-~. 
~" 
COMMITTEE AMENDMENT "f)., to H.P. 219, L.D. 276 
gear. 
A license may be sold only with a boat that by design 
is capable of being used to commercially fish for lobsters 
and that was used under the seller's license extensively for 
that purpose. 
C. 
The buyer must pass 
a written lobster fishing exam 
established 
and 
administered 
by 
the 
department 
before 
purchasing a lobster and crab fishing license under this 
subsection. 
D. 
A person may not purchase a lobster and crab fishing 
license under this subsection if that person already holds a 
Class 1, Class II or Class III lobster and crab fishing 
license. 
E. 
A person may not sell a suspended or revoked lobster and 
crab fishing license. 
2. 
Price 
and 
administration. 
The 
department 
shall 
administer the sale of a lobster and crab fishing license, and 
the buyer shall pay the purchase price of the license directly to 
the department. 
The department shall determine the price paid 
for a lobster and crab fishing license sold under this section, 
but the price may not be less than $5,000 or more than $10,000. 
The seller of the license is not entitled to the revenue derived 
from the sale of that license. 
Revenues 
raised under this 
subsection must be deposited in the Lobster Fund described in 
section 6451. 
3. 
Apprenticeship 
program. 
A 
person 
who 
purchases 
a 
lobster and crab fishing license under this section is exempt 
from the reguirements of section 6422. 
4. 
Surcharge. 
The seller and buyer of a lobster and crab 
fishing license 
under 
this section shall 
jointly pay 
a 
5% 
surcharge on the purchase price of the license, boat and gear to 
the Lobster Promotion Fund established in section 6455.' 
SUMMARY 
This 
amendment is the minority report and replaces 
the 
bill. 
This amendment authorizes the sale of a Class I, Class II 
or Class III lobster and crab fishing license by the person 
holding that license under the following circumstances: 
1. 
The seller must have fished under that license for at 
least 5 years and derived at least 5n, of that person's net 
annual income from lobster fishing; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "1/,, to H.P. 219, L.D. 276 
2. 
The seller may sell the license only as part of the sale 
of that seller's boat and gear; 
3. 
The 
buyer must 
have 
administered by the Department 
purchase of the license; and 
passed a 
of Marine 
lobster fishing 
exam 
Resources before the 
4. 
A person may not purchase a 
license if that person 
already holds a Class I, Class II or Class III lobster and crab 
fishing license. 
5. 
The license may not be suspended or revoked. 
Additionally, the amendment authorizes the department to set 
the purchase price of the license between $5,000 and $10,000 and 
requires that the revenues generated solely from the sale of the 
license go to the department. 
The seller retains the revenues 
from the sale of the boat and gear. 
Finally, 
the amendment 
establishes a 5% surcharge on the purchase price of the license, 
boat and gear to be paid jointly by the buyer 
and seller. 
Revenues generated by this surcharge must be deposited in the 
Lobster Promotion Fund. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Approved: 12123/03 ;t;?ae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD276 
An Act to Allow the Sale of Lobster and Crab Fishing Licenses 
LR 0730(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
2003-04 
2004-05 
$0 
$1,181,250 
Projections 
2005-06 
$1,181,250 
Projections 
2006-07 
$1,181,250 
Beginning in fiscal year 2004-05, allowing the sale of corrnnerciallobster and crab fishing licenses will yield an 
estimated $1,125,000 in additional annual Other Special Revenue Funds revenue for the Lobster Fund within the 
Department of Marine Resources. It is also estimated that the sale of these licenses will also generate additional annual 
surcharge revenues of $56,250 for the Lobster Promotion Council beginning in fiscal year 2004-05. 
LR0730(2) _ Fi~r.~l Notf> _ P~(yf> 1 of 1