An Act To Create an Owner-operator Requirement in the Scallop Fishery
Maine Legislature, Session 121, LD 1416
Committee: Marine Resources
Amends: 5 MRSA §12004-I, 12 MRSA §6729-B, 12 MRSA §6702, 12 MRSA §6728

Legislative Document 
No. 1416 
H.P.1039 
House of Representatives, March 20, 2003 
An Act To Create an Owner-operator Requirement in the Scallop 
Fishery 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representati ve BULL of Freeport. 
Printed on recyded paper 
17/~ 
/J7.7l/tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-I, sub-§57-E is enacted to read: 
57-E. 
Marine 
Resources 
Scallop 
Advisory 
Council 
Expenses 
Qnly 
MRSA 
§6729-B 
Sec. 2. 12 MRSA §6702, as amended by PL 2001, c. 421, Pt. B, 
§4l and affected by Pt. c, §l, is repealed and the following 
enacted in its place: 
§6702. 
Sca110p draggers 1icense 
l4 
1. 
License reqpired. 
A person may 
not 
engage 
in the 
activities 
authorized 
under 
this 
section 
without 
a 
current 
scallop draggers license. 
2. 
Licensed activity. 
The holder of a scallop draggers 
license may use the vessel named on the holder's license to drag 
for 
scallops. 
The 
scallop 
draggers 
license 
authorizes 
the 
captain and crew members aboard the vessel named on the license 
to drag for and possess, 
ship, 
transport and sell scallops, 
except that the captain and 
crew members 
may 
not drag 
for 
scallops if the vessel owner or a family member of the vessel 
owner is not aboard the vessel pursuant to section 
6721-A, 
subsection I. 
3. 
Eligibility. 
A scallop draggers license is a resident 
license and may be issued only to an individual. 
4. 
Ezce.ption. 
In anyone day, a person licensed pursuant 
to section 6103 may take or possess not more than 2 bushels of 
shell scallops or 4 quarts of shucked scallops for personal use 
without a scallop license under this section. 
5. 
Fee. The fee for a scallop draggers license is $89. 
6. 
Vio1ation. 
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. 
Sec.3. 12 MRS A §6721-A is enacted to read: 
§6721-A. 
Vesse1 1imitation 
1. Owner on board. 
Except as provided by subsection 2L 
paragraph B, beginning January L 
2004, 
a person who holds a 
scallop draggers license may not fish for or take scallops from a 
vessel named on a scallop draggers license unless: 
Page l-LR1906(1) 
A. The owner of that vessel is present on that vessel and 
holds a scallop draggers license: Qr 
B. 
A family member of the vessel owner under paragraph A is 
present on that vessel and holds a scallop draggers license. 
For the purposes of this subsection, the term "family member" is 
defined under section 6431 E, subsection 1, paragraph A, and the 
term 
"owner" 
is defined under 
section 
6431 E, 
subsection 1, 
paragraph B. 
2. 
Exemptions. 
Notwithstanding 
subsection 
1, 
the 
commissioner may authorize an individual to fish for or take 
scallops from a vessel when the owner of that vessel is not on 
board if: 
A. 
The 
owner 
of that vessel holds 
a 
scallop draggers 
license, documents to the commissioner that an illness or 
disability temporarily prevents that owner from fishing for 
or taking scallops from that vessel and requests in writing 
to the commissioner that the commissioner authorize that 
person to use that vessel to fish for or take scallops; 
B. 
The vessel 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 another vessel to fish for or take 
scallops for a set period of time until the original vessel 
named 
on 
the 
license 
of 
the 
license 
holder 
is 
again 
operable; or 
C. 
The 
individual 
documents 
to 
the 
commissioner 
the 
individual has held more than one scallop draggers 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 individual if the vessel named on that license is 
unchanged from the vessel named on the owner's scallop boat 
license in 2003. 
3. Liability. 
In the case of an exemption allowed under 
subsection 
2, 
the 
vessel 
owner 
is 
liable 
for 
the 
licensed 
activities under this section of a person using that vessel to 
fish for or take scallops. 
Sec. 4. 12 MRSA §6728, sub-§2, as enacted by PL 2001, c. 192, 
§l, is amended to read: 
2. 
Cullinq required. 
In the coastal waters northerly and 
inshore 
of 
the 
international bridge that 
connects 
Lubec 
to 
Campobello Island, 
New 
Brunswick, 
Canada, it is unlawful 
to 
possess, ship, transport, buy or sell scallops that are less than 
1/2 inches in the longest diameter. 
Those scallops that are 
less than 3 
1/2 inches must be immediately liberat.ed. 
It is 
prima facie evidence of possession of illegal scallops if a 
vessel contains scallops less than 3 1/2 inches while a scallop 
bea~ draggers license holder or crew member is shucking scallops. 
Sec. 5. 12 MRSA §6728, sub-§3, 1(B, as enacted by PL 2001, c. 
192, §l, is amended to read: 
B. 
For each subsequent offense, 
a forfeiture of $250 is 
imposed, all scallops on board may be seized and the scallop 
bea~ draggers license may be suspended for one year. 
Sec.6. 12 MRSA c. 623, sub-c. 2, art. 3 is enacted to read: 
Article 3 
Scallop Research 
§6729. 
License surcharges 
1. 
License 
surcbarges. 
The 
following 
surcharges 
are 
assessed on licenses issued by the department: 
A. 
For a hand fishing scallop license, $100; 
B. 
For a scallop draggers license, $100; and 
C. 
For a scallop diving tender license, $50. 
2. 
DeRosit. 
The 
commissioner 
shall deposit 
surcharges 
assessed in this section in the Scallop Research Fund under 
section 6729-A. 
§6729-A. 
ScallQP Research Fund 
The Scallop Research Fund, referred to in this section as 
"the fund," is established in the department. 
Balances in the 
fund may not lapse and must be carried forward to the next fiscal 
year. 
1. 
Uses of fund. 
The commissioner shall use the fund for 
research 
directly 
related 
to 
scallop 
fishery 
management 
information 
needs 
and 
for 
reporting 
to 
licensed 
scallop 
harvesters 
on the results of 
research and the use 
of 
fund 
revenues. 
The 
commissioner 
may 
authorize the expenditure of 
money in the fund for research and development programs that 
address the restoration, development or conservation of scallop 
resources. 
The 
commissioner 
shall 
consult with the 
Scallop 
Advisory 
Council 
under 
section 
6729-B 
before 
deciding 
upon 
research projects and awarding grants from the fund. 
The fund 
may also be used for law enforcement and support for the Scallop 
Advisory Council, including reimbursement for travel expenses. 
2. 
Sources 
of 
revenue. 
The 
fund 
is 
capitalized 
by 
surcharges assessed under section 6729. 
In addition to those 
revenues, the commissioner may accept and deposit in the fund 
money from any other source, public or private. 
3. 
Scallop 
Adyisory 
Council. 
The 
commissioner 
shall 
consult with the Scallop Advisory Council under section 6729-B on 
the expenditure of funds under this section. 
§6729-B. 
Scallop Advisory Council 
1. 
Appointment: composition. 
The Scallop Advisory Council, 
referred to in this section as "the council," established by 
Title 
5, 
section 
12004-I, 
subsection 
57-E, 
consists 
of 
members. 
The commissioner shall appoint the members as follows: 
A. 
Four scallop harvesters who hold current hand fishing 
scallop licenses; 
B. 
Four 
scallop 
harvesters 
who 
hold 
current 
scallop 
draggers licenses; 
C. 
Two 
wholesale 
seafood 
license holders 
who 
deal 
in 
scallops; 
D. 
Two scientists who have expertise in marine resources 
management: and 
E. One person who is a public member. 
The commissioner shall ensure geographic representation in making 
appointments under paragraphs A and B. 
2. 
Term. 
A member serves for a 2-year term, except that a 
vacancy must be filled by the commissioner for the unexpired 
portion of a term. 
When a vacancy occurs, the commissioner shall 
fill the vacancy by appointing a member from the same category of 
members listed in subsection 1 as the member who vacated the 
council. 
A 
member 
continues 
to 
serve 
until 
the 
member's 
successor is appointed. 
3. 
Purpose. 
The council shall make recommendations to the 
commissioner concerning: 
A. 
Research 
projects 
and 
grants 
made 
by 
the 
Scallop 
Research Fund. 
The council may seek advice from scientists 
who 
have 
expertise 
in 
marine 
resources 
management 
in 
determining the research needs for the scallop fishery; and 
B. Other matters of interest to the scallop fish<~ 
4. 
Compensation. 
Members 
are 
entitled 
to 
expenses 
according to Title 5, chapter 379. 
5. 
Chair and officers. 
The council shall choose annually 
one of its members to serve as chair for a one-year term. 
The 
council may select other officers and designate their duties. 
6. 
Meetings. 
The council shall meet at least once a year. 
It may also meet at other times at the call of the chair or the 
chair's designee or at the call of the 
commissioner or the 
commissioner's designee. 
SUMMARY 
This bill changes the licensing for scallop dragging by 
licensing individuals rather than licensing the act.ivities of a 
boat. 
The bill also adds 
an owner-operator provision to the 
scallop license, 
requiring that the owner of the vessel or a 
family member of the owner must be on board when that vessel is 
being used to harvest scallops. 
The bill makes exemptions for 
temporary illness or disability on the part of the owner or 
temporary changes due to a boat accident or mechanical failure. 
A grandfathering exemption is added to allow for a person who 
currently 
holds 
more 
than 
one 
scallop 
dragging 
license 
to 
continue to do so, and allow other individuals to use the vessel 
for scallop harves~ing without the owner on board. 
The bill creates the Scallop Research Fund, which may be 
used for research and development of the scallop resource and is 
funded by a surcharge to the scallop draggers license, the hand 
fishing scallop license and the scallop diving tender license. 
The 
bill 
creates 
the 
Scallop 
Advisory 
Council 
to 
make 
recommendations 
to 
the 
Commissioner 
of 
Marine 
Resources 
on 
expenditures from the fund and other matters of interest to the 
scallop fishery.