An Act Regarding Eligibility for a License To Harvest Marine Organisms for a Person Who Served in the United States Armed Forces or United States Coast Guard
Maine Legislature, Session 121, LD 0900
Committee: Marine Resources
Sponsors: SAVAGE, McNEIL
Amends: 12 MRSA §6310, 12 MRSA §6431-F, 12 MRSA §6448

12lst MAINE LEGISLATURE 
Legislative Document 
No. 900 
S.P.295 
In Senate, February 20, 2003 
An Act Regarding Eligibility for a License To Harvest Marine 
Organisms for a Person Who Served in the United States Armed 
Forces or United States Coast Guard 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator SAVAGE of Knox. 
Cosponsored by Representative McNEIL of Rockland. 
Printed on recyclt:d paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6310, sub-§2, 1[A, as enacted by PL 1999, c. 
643, §l, is amended to read: 
A. 
A Class I, Class II or Class III lobster and crab 
fishing license may be issued to a person on appeal only if: 
(1) 
A substantial illness or medical condition on the 
part of the person or a family member prevented that 
person from meeting the eligibility requirements for a 
license in 1997, 1998 or 1999, and the person documents 
that the person harvested lobsters while in possession 
of a Class I, Class II or Class III lobster and crab 
fishing license within one year prior to the onset of 
the illness or medical condition. 
The person shall 
provide 
the 
commissioner 
with 
documentation 
from 
a 
physician 
describing 
the 
illness 
or 
other 
medical 
condition. 
A person may not request an appeal under 
this subparagraph after December 31, 2001; 
(2) 
A substantial illness or medical condition on the 
part of the person or a family member prevented that 
person from meeting the eligibility requirements for a 
license in licensing year 2000 or in subsequent years, 
and 
the person documents 
that the person harvested 
lobsters while in possession of a Class I, Class II or 
Class III lobster and crab fishing license within one 
year prior to the onset of the illness or medical 
condi tion. 
The person shall provide the commissioner 
with 
documentation 
from 
a 
physician describing 
the 
illness or other medical condition. 
A person must 
request an appeal under this subparagraph within one 
year of the onset of the illness or medical condition: 
or 
(3) 
Service in the United States Armed Forces or the 
United States Coast Guard precluded that person from 
participating in the lobster fishery and meeting the 
eligibility requirements for a license, and the person 
documents that the person harvested lobsters while in 
possession of a Class I, Class II or Class III lobster 
and crab fishing license within one year prior to 
entering the service or that the person held a Class I, 
Class II or Class III lobster and crab fishing license 
dur ing that person' s time in the service. 
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A person must 
request 
an 
Page l-LR0867(1) 
appeal 
under 
this 
subparagraph within 
one 
year 
of 
ei6eRa~~e being 
honorably 
discharged 
from 
service. 
After 
a 
successful 
appeal, 
the 
discharged 
service 
member is authorized to harvest lobsters in a zone of 
the 
service 
member's 
choice 
regardless 
of 
zone 
restrictions. 
Sec. 2. 12 MRSA §6431-F, sub-§2, ,B, as amended by PL 1999, c. 
790, Pt. A, §12, is further amended to read: 
B. 
If the license holder was issued a Class I, Class lIar 
Class III lobster 
and crab fishing license pursuant 
to 
section 6421, 
subsection S, paragraph H or former section 
642l-A, subsection 1, paragraph D, 
the license holder may 
not purchase more than 300 trap tags for the initial license 
year. 
For 
each 
following 
year, 
the 
license 
holder 
may 
purchase up to an increase of 100 trap tags each year as 
long as the total number does not exceed the trap limit 
established by rule for the zone in which the person fishes 
a majority of that person's traps; aRe 
Sec. 3. 12 MRSA §6431-F, sub-§2, ,C, as amended by PL 1999, c. 
so 
643, §S, is further amended to read: 
C. If the license holder was issued a Class 1, Class lIar 
Class III lobster and crab fishing license on appeal, the 
license holder may purchase for the initial license year a 
number of trap tags up to the number of trap tags purchased 
by the person for the most recent year in which the person 
held a license if the person held a license in 1996 or later 
or 300 trap tags if the person did not hold a license in 
1996 or later. 
For each following year, the license holder 
may purchase up to an increase of 100 trap tags each year. 
The 
number 
of trap tags 
may not exceed the trap limit 
established by rule for the zone in which the person fishes 
a majority of that person's trapsT; and 
Sec. 4. 12 MRS A §6431-F, sub-§2"D is enacted to read: 
D. 
Notwithstanding paragraph C, if the license holder was 
issued a Class I, Class lIar Class III lobster and crab 
fishing 
license 
on 
appeal 
pursuant 
to 
section 
6310, 
subsection 2, 
paragraph A, 
subparagraph (3), 
the license 
holder may not purchase more than 300 trap tags for the 
initial license year. 
For each following year, the license 
holder may purchase up to an increase of 100 trap tags each 
year as long as the total number does not exceed the trap 
limi t established by rule for the zone in which the person 
fishes a majority of that person's traps. 
Sec. 5. 12 MRS A §6446. sub-§7 is enacted to read: 
1. 
Exception. 
Notwithstanding any rule adopted by 
the 
commissioner, a person holding a Class I, Class II or Class III 
lobster or crab fishing license issued pursuant to section 6310, 
subsection 2, paragraph A may request to fish in any lobster 
management zone regardless of any zone restrictions. 
Sec. 6. 12 MRSA §6448, sub-§8, 1fD is enacted to read: 
D. 
A person who is issued a Class I, Class II or Class III 
lobster 
and 
crab fishing license on 
appeal 
pursuant to 
section 6310, 
subsection 2, 
paragraph A, 
subparagraph (3) 
may declare any zone as that person's declared lobster zone. 
SUMMARY 
This 
bill 
amends 
the 
eligibility 
requirements 
for 
the 
issuance on appeal of a Class I, Class II or Class III lobster 
and crab fishing license to a person who served in the United 
States Armed Forces or the United States Coas t 
Guard to include 
that if a person held one of these licenses while in the service, 
that person is entitled to a license on a successful appeal. 
The 
bill also allows the service member who has won the appeal to 
choose 
a 
zone 
in 
which 
to 
fish 
regardless 
of 
the 
zone 
restrictions and to purchase not more than 300 trap tags for the 
first year with the normal increase of 100 trap tags per year up 
to the zone maximum limit of trap tags.