An Act to Create a Marine Harvesting Demonstration License LR 1901(02) /1 q
Maine Legislature, Session 121, LD 1389
Committee Amendment CA_A_S69 (Senate)
Amends: 12 MRSA §6810

COMMITTEE AMENDMENT "A" to S.P. 459, L.D. 1389, Bill, 
Act To Create a Marine Harvesting Demonstration License" 
"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 §6810·A is enacted to read: 
§6810-A. 
Marine harvesting demonstration license 
1. 
License 
regpired. 
Notwithstanding section 6074. 
an 
individual may not engage in an activity authorized under this 
section without a valid marine harvesting demonstration license. 
2. 
Licensed activities. 
An individual who holds a marine 
harvesting demonstration license may engage in limited fishing 
activities 
for 
the 
purpose 
of 
providing 
an 
educational 
demonstration of marine harvesting techniques or of the marine 
ecology of the Gulf of Maine as part of a commercial operation. 
An individual may not handle a lobster trap. warp or buoy used 
for the purposes of this section unless that individual meets the 
requirements of subsection 7. 
Subject to the requirements of subsection 3. an individual who 
holds a Class I. Class II 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. 
Page l-LRI901(2) 
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COMMITTEE AMENDMENT .. A 
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3. 
License limitations. 
An individual who holds a marine 
harvesting demonstration license may not sell. retain. ship or 
transport 
any 
portion of 
the 
catch 
and 
shall 
release all 
organisms alive into the area from which the organisms were 
haryested. A vessel identified under subsection 6 may not be used 
for the commercial harvest of marine organisms unless otherwise 
provided by the department. 
4. 
Gear 
limitations and requirements. 
The 
commissioner 
shall specify the type and amount of gear that may be used under 
a marine harvesting demonstration license. 
A. 
The number of lobster traps fished from a vessel may not 
exceed 
traps. 
regardless 
of 
the 
number 
of 
marine 
harvesting demonstration license holders fishing from that 
vessel. 
B. 
The commissioner shall establish a lobster trap tag 
system under which a marine harvesting demonstration license 
holder must purchase a tag for the purpose of identifying 
and tracking traps. 
The commissioner may impose a per-tag 
fee to coyer the cost of the trap tags and the costs of 
administering and enforcing the lobster trap tag system. 
Trap tag fees must be deposited in the Lobster Management 
Fund established under section 6431-C. 
5. 
Boat declaration. 
The marine haryesting demonstration 
license holder shall declare the name of the vessel to be used 
for fishing under the license at the time of application for the 
license and may not change that vessel during the license year 
unless otherwise authorized by the department. 
An individual who holds a marine harvesting demonstration license 
may 
assist 
another 
person 
who 
holds 
a 
marine 
haryesting 
demonstration license on that person's vessel without declaring 
the 
name of that vessel. 
The individual who assists another 
license holder must have written permission from that license 
holder before handling that person's demonstration lobster traps. 
warps or buoys. 
6. 
Demonstration vessel identification. 
A vessel may not 
be used for the purposes of this section unless that vessel is 
clearly identified as proyided by the commissioner under this 
subsection. 
The 
commissioner 
shall 
establish 
the 
type 
and 
specifications of vessel identification to be used for purposes 
of this section. The commissioner may impose an administrative 
fee to cover costs associated with implementing this subsection. 
7. 
Additional requirements for lobster and crab harvesting 
demonstrations. 
A person may not demonstrate lobster or crab 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
.. to S.P. 459, L.D. 1389 
harvesting methods under this section unless that person holds a 
marine harvesting demonstration license and: 
A. 
Has successfully completed a lobster and crab fishing 
written examination as provided in section 6423: or 
B. 
Held a Class I, Class II or Class III lobster and crab 
fishing license and has landed lobster under that license. 
An individual who successfully completes the examination under 
paragraph A is not required to repeat that examination to renew a 
marine harvesting demonstration license. 
8. 
Fee. 
The fee for 
a 
marine harvesting demonstration 
license is $25. 
9. 
Rules. 
The commissioner may adopt rules to carry out 
the purposes of this section. Rules adopted pursuant to this 
section are routine technical rules 
as defined in Title 5, 
chapter 375, subchapter 2-A. 
10. 
Application of laws. 
Except 
as 
provided in this 
section, 
licenses issued under 
this section are 
subject to 
applicable laws under this Part. 
11. 
Violation. 
A person who violates this section commits 
a civil violation for which a fine of not less than $100 nor more 
than $1,000 may be adjudged. 
Sec. 2. Report on marine harvesting demonstration licenses. 
The 
Commissioner 
of Marine 
Resources 
shall 
report to 
the 
joint 
standing committee of the Legislature having jurisdiction over 
marine resources matters on the implementation and effectiveness 
of marine harvesting demonstration licenses issued under the 
Maine Revised Statutes, Title 12, section 6810-A no later than 
January 1, 2006. 
Sec.3. Effective date. 
This Act takes effect January 1, 2004.' 
SUMMARY 
This amendment replaces the bill and creates a new marine 
harvesting demonstration license to permit individuals to engage 
in limited fishing activities in order to demonstrate marine 
harvesting techniques as part of a commercial operation. 
It does 
not allow any portion of the catch to be sold, given away or 
transported and requires that all organisms be liberated alive 
into 
the 
area 
from 
which 
they 
were 
taken. 
The 
amendment 
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COMMITTEE AMENDMENT .. A .. to S.P. 459, L.D. 1389 
clarifies that the person who 
actually handles lobster gear 
pursuant to this license must be the holder of the license. 
The 
amendment also prohibits a person from using a different vessel 
than the vessel named for use under a marine harvesting license 
or from conducting commercial harvesting activities with that 
boat unless 
otherwise provided by the Department of Marine 
Resources. In order to demonstrate the harvest of lobster and 
crabs under this license, a person must pass a lobster and crab 
fishing written examination or have held a Class I, Class II or 
Class III lobster and crab fishing license and landed lobster 
under that license. Additionally, the amendment has an effective 
date of January 1, 2004 and requires the department to report to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over marine resources matters by January 1, 
2006 
regarding the implementation and effectiveness of this license. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/11103 ~ac 
Office of Fiscal and Program Review 
LD 1389 
An Act to Create a Marine Harvesting Demonstration License 
LR 1901(02) 
/1 
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Fiscal Note for Bill as Amended by Committee Amendment if'S- to 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - Other Special Revenue 
Correctional and Judicial Impact Statements: 
Establishes a new civil violation. 
LRI901(2) - Fiscal Note - Page 1 of 1