An Act To Create a Nonresident Lobster and Crab Fishing License
Maine Legislature, Session 121, LD 1954
Committee: Marine Resources
Sponsors: BULL
Amends: 12 MRSA §6421

Legislative Document 
No. 1954 
H.P.1454 
House of Representati ves, April 1, 2004 
An Act To Create a Nonresident Lobster and Crab Fishing License 
Reference to the Committee on Marine Resources suggested and ordered printed. 
If/~ 
/J?1l/d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BULL of Freeport. (GOVERNOR'S BILL) 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6421, sub-§5, as corrected by RR 2001, c. 2, 
Pt. A, §§14 and 15, is amended to read: 
5. 
Eligibility. 
A 
bl-a&&---J:,---G],.a-s-s---~·h---{:-l-a-s-s---i;±;h 
aFF~eBEieeT noncommercial or student lobster and crab fishing 
license may only be issued to an individual who is a resident. 
A 
Class I, Class II or Class III license may be issued to a person 
only if the person: 
A. 
Possessed a Class I, Class II or Class III lobster and 
crab fishing license in the previous calendar year; 
C. 
Meets the requirements of the apprentice program under 
section 6422 or section 6475; or 
D. 
Did not possess a Class I, Class II or Class III lobster 
and 
crab fishing license in the previous 
calendar year 
because the commissioner had suspended the person's license 
privileges for a length of time that included the previous 
calendar year. 
Sec. 2. 12 MRS A §6421, sub-§7-A, as amended by PL 2003, c. 20, 
Pt. WW, §2, is further amended to read: 
7-A. 
Fee. 
Except as provided in subsection 8, the fee for 
the license is: 
A. 
Fifty-six dollars for a resident Class 
I 
license for 
applicants under 18 years of age; 
A-I. 
Three hundred thirty-six dollars for 
a 
nonresident 
Class I license for applicants under 18 years of age; 
B. 
One hundred aBa thirteen dollars and seventy-five cents 
for a resident Class I 
license for applicants 18 years of 
age or older; 
B-1. 
Six hundred eighty-two dollars and seventy-five cents 
for a nonresident Class I license for applicants 18 years of 
age or older; 
C. 
Two hundred twenty-eight dollars and fifty cents for a 
resident Class II license; 
C-l. 
Thirteen hundred seventy-one dollars and fifty cents 
for a nonresident Class II license; 
Page l-LR285l(1) 
D. 
Three hundred forty-one dollars and twenty-five cents 
for a resident Class III license: 
D 1. 
Two thousand forty seven dollars and twenty five cents 
for a nonresident Class III license: 
E. 
Fifty-six dollars for aR a resident apprentice lobster 
and crab fishing license for applicants under 18 years of 
age: 
E 1. 
Three hundred thirty six dollars for 
apprentice lobster and crab fishing license 
under 18 years of age; 
F. 
One 
hundred 
aRa 
fourteen dollars for 
apprentice lobster and crab fishing license 
years of age or older: 
F-1. 
Six 
hundred 
eighty two 
dollars 
for 
apprentice lobster and crab fishing license 
years of age or older; 
a 
nonresident 
for applicants 
aR 
for 
a 
resident 
applicants 
a 
nonresident 
for applicants 
G. 
Fifty-six dollars for a student lobster and crab fishing 
license: and 
H. 
Fifty-six dollars for a noncommercial lobster and crab 
fishing license. 
Sec. 3. 12 MRS A §6451, sub-§l, as amended by PL 2003, c. 20, 
Pt. WW, §5, is further amended to read: 
fee, 
each 
fee, 
1. 
Allocation of license fees. 
Ten dollars of each $113.75 
$20 of each $228.50 fee, $30 of each $341.25 fee, $30 of 
$336 fee, $60 of each $682.75 fee, $120 of each $1,371.50 
$180 of each $2,047.25 fee and $5 of each $56 fee for each 
lobster and crab fishing license must be allocated to the Lobster 
Fund, which 
must be used for the purposes of lobster biology 
research, of propagation of lobsters by liberating seed lobsters 
and female lobsters in Maine coastal waters and of establishing 
and supporting lobster hatcheries. 
SUMMARY 
This bill is submitted by the Governor and the Department of 
Mar ine Resources in response to the September 30, 
2003 decision 
by the United States Court of Appeals for the Second Circuit in 
the case Volovar v. Cahill, et al. The Second Circuit's decision 
in this case found New York State's nonresident lobster law in 
violation of the Privileges and Immunities Clause of Article IV 
of the United States Constitution. 
In order to address 
the 
constitutionality issues raised by the Volovar decision, this 
bill creates a commercial lobster and crab fishing license in the 
State 
that 
would 
be 
available 
to 
individuals 
who 
are 
not 
residents of the State. 
These individuals would be eligible to 
become commercial lobstermen and fish in the waters of the State 
in the same manner as new entrants into the lobster fishery who 
are residents of this State.