An Act To Establish the Lobster License Appeal Committee and To
Maine Legislature, Session 121, LD 0277
Committee Amendment CA_A_H331 (House)
Amends: 12 MRSA §6421, 12 MRSA §6424

COMMITTEE AMENDMENT ·R" to H.P. 220, L.n. 277, BilL "An 
Act to Amend the Eligibility Requirements for a Lobster and Crab 
Fishing License" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Establish the Lobster License Appeal Committee and To 
Amend the Apprenticeship Requirements for a 
Lobster and Crab 
Fishinq License' 
Further 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 §6421, sub-§5-C is enacted to read: 
5-C. 
Waiver of a2Prenticeship regpirement. 
Notwithstanding 
subsection 5 and upon the recommendation of the Lobster License 
AEEeal Committee established under section 6424, the commissioner 
shall waive the aEErenticeshiE requirement and: 
A. 
If the aEElicant' s zone does not have a waiting list. 
issue that aEElicant a 
lobster and crab fishing license 
within 2 years of the waiver; or 
B. 
If the aEElicant' s zone has a waiting list. Elace that 
applicant at the end of the waiting list 2 years after the 
waiver is granted. 
This subsection is repealed on July 1, 2008. 
Page l-LR0731(2) 
COMMITTEE AMENDMENT 
c~rTTEE AMENDMEIIT "R' to H,P, 220, L,D, 277 
Sec. 2. 12 MRSA §6424 is enacted to read: 
§6424. 
Lobster License Appeal CODDittee 
The Lobster License Appeal Committee, referred to in this 
section 
as 
"the 
committee," 
is 
established 
within 
the 
department. 
The department shall administer the appeals process 
and provide funding from existing department resources to cover 
costs 
associated with the 
committee. 
All 
lobster and 
crab 
fishing license applications for review must be made to the 
department as reg;uired by the commissioner. 
The provisions of 
Title 1, chapter 13, subchapter 1 do not apply to meetings of the 
committee. 
1. 
Reviews. 
The committee shall review applications for 
lobster and crab fishing licenses from persons who held valid 
commercial lobster fishing licenses in the State for at least 4 
consecutive years in the past but who failed to renew those 
licenses for reasons that constitute extraordinary circumstances 
and who are not eligible to renew those licenses without meeting 
the apprenticeship reg;uirement under section 6421. 
The committee 
shall 
review 
each 
application 
to 
determine 
whether 
the 
circumstances surrounding the applicant's failure to renew the 
license constitutes extraordinary circumstances and whether or 
not the commissioner should exercise the commissioner's authority 
under section 6421. subsection 5-C to waive the apprenticeship 
reg;uirement. 
For 
the 
purpose 
of 
this 
section, 
the 
term 
"extraordinary circumstances" includes, but is not limited to, 
poor health, military service, financial hardship and inability 
to find work under the apprentice program. 
The committee may not 
meet more than twice in any 12-month period. 
2. 
Duties. 
If 
the 
committee 
determines 
that 
the 
cirCumstances that caused an applicant's failure to renew a 
license constitute extraordinary cirCumstances. the committee may 
recommend 
that 
the 
commissioner 
exercise 
the 
commissioner's 
authority 
under 
section 
6421. 
subsection 
5-C 
to 
waive 
the 
apprenticeship reg;uirement. 
The committee's reCOmmendation to 
the 
commissioner 
must 
be 
in 
writing 
and 
must 
include 
documentation of all the facts upon which the committee based its 
decision. 
3. 
Members. 
The 
commissioner 
shall 
appoint 
committee 
members. 
Committee membership consists of a deputy commissioner. 
one member from each lobster management policy council and 3 
members 
representing the 
lobs~er industry. 
Only 
one 
member 
representing a lobster management policy council may serve on the 
committee at anyone time and that member must be from the 
lobster 
management 
zone 
affected 
by 
the 
application 
under 
COMMITTEE AMENDMENT 
.~-,. 
COMMITTEE AMENDMENT .. If to H.P. 220, L.D. 277 
review. 
The 
deputy 
commissioner 
shall 
notify 
the 
member 
representing the appropriate lobster management policy council 
when that member's zone has an application pending before the 
committee. 
A lobster management policy council member may not 
attend meetings or vote on applications that do not affect that 
member's 
zone. 
Members 
are not entitled to 
a 
per diem or 
reimbursement of expenses for meetings of the committee. 
This section is repealed July I. 2008.' 
SUMMARY 
This amendment is the minority report of the Committee on 
Marine Resources. 
The amendment replaces the bill and allows the 
commissioner 
to 
waive 
the 
apprenticeship 
requirements 
for 
purchasing a lobster and crab fishing license for a person who 
held such a license in the past if the Lobster License Appeal 
Committee determines that the person failed to renew the previous 
license due to extraordinary circumstances, such as poor health, 
military service, financial hardship or inability to find work 
under the apprentice program. 
This amendment includes a sunset 
provision that repeals these provisions on July 1, 2008. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05107 103 ~ac. 
Office of Fiscal and Program Review 
LD277 
An Act to Establish the Lobster License Appeal Committee and to 
Amend the Apprenticeship Requirements for a Lobster and Crab 
Fishing License 
LR0731(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Current biennium cost increase - General Fund 
The requirement that the Department of Marine Resources shall provide funding for the newly established Lobster 
License Appeal Committee within existing resources may have the effect of reducing the level of currently budgeted 
services. The ultimate effect on departmental services and programs could be significant if a large number of appeals 
are made; the number of appeals that may be filed can not be determined at this time. 
LR0731 (2) - Fiscal Note - PaQ:e 1 of 1