An Act To Change the Options for a Lobster Management Zone and To Change Entry Criteria for Noncommercial Licensees
Maine Legislature, Session 121, LD 0703
Committee: Marine Resources
Sponsors: HONEY, HALL, EARLE, RINES
Amends: 12 MRSA §6421, 12 MRSA §6423, 12 MRSA §6431-C, 12 MRSA §6446, 12 MRSA §6448

Legislative Document 
No. 703 
H.P.520 
House of Representatives, February 14,2003 
An Act To Change the Options for a Lobster Management Zone and 
To Change Entry Criteria for Noncommercial Licensees 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative HONEY of Boothbay. 
Cosponsored by Senator HALL of Lincoln and 
!r/~/J7·mu~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: EARLE of Damariscotta, RINES of Wiscasset. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6421, sub-§2-A, as enacted by PL 1995, c. 
568, §l, is amended to read: 
2-A. 
Licensed activity 
and 
number 
of licenses 
issued; 
noncommercial license. 
The holder of a noncommercial lobster and 
crab 
fishing 
license 
may 
fish 
for, 
take, 
possess, 
ship 
or 
transport within the State lobsters or crabs the license holder 
has taken. 
The license does not authorize the license holder to 
sell lobsters or to remove lobster meat from the shell or to 
take, possess, transport or ship lobster parts or meat. 
The 
number of noncommercial lobster and crab licenses issued during a 
license year may not exceed the number of noncommercial lobster 
and crab licenses issued during the 2002 license year. 
Sec. 2. 12 MRS A §6421, sub-§3-A, V, as enacted by PL 1995, c. 
568, §l, is amended to read: 
F. 
A 
noncommercial 
lobster 
and 
crab 
fishing 
authorizes the license holder to engage in the 
activities 
under 
subsection 
2-A. 
A 
person 
noncommercial 
lobster 
and 
crab 
fishing 
license 
submerge at anyone time more than 
§ 
lobster 
vessel in the coastal waters of the State. 
license 
licensed 
issued 
a 
may 
not 
traps ~ 
Sec. 3. 12 MRSA §6421, sub-§5. as corrected by RR 200L c. 2, 
Pt. A, §§14 and 15, is amended to read: 
5. 
Eligibility. 
A 
Class 
I, 
Class 
II, 
Class 
III, 
apprentice, 
noncommercial or student lobster and crab fishing 
license may only be issued to an individual who is a resident. 
A 
Class 1, Class II eFL.. Class III or noncommercial license may be 
issued to a person only if the person: 
A. 
Possessed 
a 
Class 
I, 
noncommercial 
lobster 
and 
previous calendar year; 
Class 
II 
9FL.. 
Class 
crab 
fishing 
license 
III 
or 
in 
the 
C. 
Meets the requirements of the apprentice program under 
section 6422 or section 6475; or 
D. 
Did not possess a Class I, Class II 
9F.L Class III or 
noncommercial 
lobster 
and 
crab 
fishing 
license 
in 
the 
previous 
calendar 
year 
because 
the 
commissioner 
had 
suspended the person I s license privileges for a length of 
time that included the previous calendar year. 
Sec. 4. 12 MRSA §6421, sub-§5-B, as enacted by PL 200L c. 
581, §l, is repealed. 
Page l-LR0506(1) 
Sec. 5. 12 MRSA §6423, as enacted by PL 2001, c. 581, §2, is 
repealed. 
Sec. 6. 12 MRSA §6431-C, sub-§2, as amended by PL 2001, c. 
581, §3, is further amended to read: 
2. 
Purpose. 
All money credited to the Lobster Management 
Fund must be 
used to cover the costs of trap tags 
and the 
administration and enforcement of a lobster trap tag system under 
section 6431-B, 
the costs associated with lobster management 
policy councils and referenda pursuant to section 6447, 
costs 
associated with the Lobster Advisory Council not supported by the 
General 
FundT 
and 
the 
costs 
associated 
with 
determining 
eligibility for lobster and crab fishing licenses and eligibility 
to fish 
for 
or 
take 
lobsters 
from 
a 
vessel 
aaa--~Re--ees~s 
asseeia~ea-w~~~-~~-~~¥~&~~-e~-€4~~~~~~~~-~~~,--~~-wRieR 
a-~~~~-b&-ee~~ee~ea-~~~~~-ea~e~~eeT-~~-~~-see~iea 
e4n. 
Sec. 7. 12 MRSA §6446, sub-§I-A, as enacted by PL 1999, c. 
508, §l, is amended to read: 
I-A. Declared lobster zone. 
A person shall declare on an 
application 
for 
a 
Class 
I, 
Class 
II 
e~L 
Class 
III 
or 
noncommercial 
lobster 
and 
crab 
fishing 
license 
the 
lobster 
management zone in which that person proposes to fish a majority 
of that person's lobster traps. 
A license must identify the zone 
in which the person is authorized to fish a majority of that 
person's lobster traps. 
Sec.S. 12MRSA§6447.sub-§5-B is enacted to read: 
5-B. 
Zone E council authority. 
Notwithstanding any other 
provlslon in this subchapter, upon approval in a referendum under 
subsection 6, a lobster management policy council for Zone E as 
defined in rules adopted by the department may propose to the 
commissioner rules for Zone E that do any or all of the following: 
A. 
Increase the 
length of 
time 
an 
apprentice must 
be 
enrolled in the apprentice program up to a 
maximum of 
years. 
A proposal to increase the length of enrollment must 
allow 
apprentices 
enrolled 
in 
the 
program 
to 
be 
grandfatheredi 
B. 
Require a sponsor of an apprentice to have held a Class 
I, Class II or Class III lobster and crab fishing license 
for at least 5 years; 
C. 
Require an apprentice training program, before receipt 
of any new lobster and crab fishing license for fishing in 
Zone E, that consists of course work on current laws and 
rules 
and principles of 
fishing. 
A proposal 
to 
require 
course work in the apprentice training program must provide 
for transferees into the zone to be grandfathered: 
D. 
Require that an apprentice may enter Zone E only if the 
apprentice apprenticed in Zone E: 
E. 
Reguire that all transferees into Zone E go to the end 
of the waiting list: 
F. 
Reguire that all student licensees who fulfill the Zone 
E apprentice entry criteria go to the end of the apprentice 
waiting list: and 
G. 
Provide a family commercial transfer option. 
Sec. 9. 12 MRSA §6448, sub-§1, ~C, as enacted by PL 1999, c. 
508, §3, is amended to read: 
c. 
"New 
zone 
entrant" 
means 
a 
person 
who 
declares 
a 
limi ted-entry zone as that person's declared lobster zone 
but who did not hold in the previous licensing year a Class 
I, Class II 9!'L Class III or noncommercial lobster and crab 
fishing license that identified that zone as the person's 
declared lobster zone. 
Sec. 10. 12 MRS A §6448, sub·2, ~~A and C, as amended by 
PL 
1999, c. 693, §l, are further amended to read: 
A. 
After conducting a written survey in the zone, a lobster 
management policy council may propose to the commissioner an 
exit ratio to limit new zone entrants to the zone. 
The 
lobster management policy council may also propose to the 
commissioner a provision to exempt from the requirements of 
this section an individual who became eligible for but had 
not been issued 
a 
Class I, Class II 9!'L Class III or 
noncommercial license pursuant to section 6421, subsection 
5, paragraph C or H prior to January 1, 2000 and to allow 
that individual to declare the zone as that individual's 
declared 
lobster 
zone. 
The 
lobster 
management 
policy 
council is not required to submit the proposal to referendum 
and 
the 
proposed exit ratio 
does 
not 
need 
to 
receive 
approval through the survey in order to be forwarded to the 
commissioner. 
C. 
Rules adopted under this subsection must establish an 
exit ratio between the number of individuals who declared 
that zone as their declared lobster zone in the year prior 
to the previous calendar year, but who did not declare that 
zone as their declared lobster zone in the previous calendar 
year, and the number of new zone entrants authorized under 
subsection 7. 
An exit ratio established by rule under this 
subsection is not required to be the same as the exit ratio 
proposed by the lobster management policy council. 
Rules 
adopted 
under 
this 
subsection 
may 
exempt 
from 
the 
requirements 
of 
this 
section 
an 
individual 
who 
became 
eligible for but who had not been issued a Class I, Class II 
9tL Class III or noncommercial license pursuant to section 
6421, subsection 5, paragraph C or H prior to January L 
2000 and allow such an individual to declare the zone as 
that individual's declared lobster zone. 
Sec. 11. 12 MRSA §6448. sub-§§3 and 4, as enacted by PL 1999, 
c. 508, §3, are amended to read: 
3. Fishing in limited-entry zones. 
A person who holds 
a 
Class I, Class II 9tL Class III or noncommercial lobster and crab 
fishing license may not fish a majority of that person's lobster 
traps 
in 
a 
limited-entry 
zone 
unless 
that 
person's 
license 
identifies that zone as the declared lobster zone. 
4. Limited-entry zone as declared lobster zone. A person may 
not be issued a Class I, Class II 9tL Class III or noncommercial 
lobster and crab fishing license that identifies a limited-entry 
zone as the declared lobster zone unless that person: 
A. Held in the previous licensing year a Class I, Class II 
9tL Class III or noncommercial lobster and crab fishing 
license that identified that zone as the person's declared 
lobster zone; or 
B. Is authorized as a new zone 
pursuant 
to 
subsection 
to 
person's declared lobster zone. 
entrant by the commissioner 
declare 
that 
zone 
as 
the 
Sec. 12. 12 MRSA §6448. sub-§5. ~~A and B. as enacted by PL 
1999, c. 693, §2, are amended to read: 
A. 
A person who held a Class 1, Class II 9tL Class III or 
noncommercial 
lobster 
and 
crab 
fishing 
license 
ln 
the 
previous licensing year and wishes to be a new zone entrant 
shall indicate to the commissioner in writing a request to 
declare 
a 
limited-entry 
zone 
as 
the 
person's 
declared 
lobster zone. 
The person must be put on a waiting list 
maintained under subsection 6 according to the time and date 
the commissioner receives the request. 
B. 
A person who did not hold a Class I, Class II 9tL Class 
III or noncommercial lobster and crab fishing license in the 
previous licensing year and wishes to be a new zone entrant 
shall indicate to the commissioner in writing which zone the 
person requests to declare as the person's declared lobster 
zone. 
The person must be put on a waiting list maintained 
under subsection 6 according to the date the commissioner 
determines that the person is eligible for a Class I, Class 
II et-L Class III or noncommercial lobster and crab fishing 
license pursuant to section 6421. subsection 5, except that 
if the person does 
not indicate to the 
commissioner 
in 
wri ting which zone the person requests to declare as the 
person's declared lobster zone wi thin 30 days of the date 
the commissioner determines that the person is eligible, the 
person must be put on the waiting list according to the time 
and date the commissioner receives such a written request. 
Sec. 13. 12 MRSA §6448, sub-§7, as amended by PL 1999, c. 693, 
§2, is further amended to read: 
7. 
Authorization of new zone entrants. 
The commissioner 
shall determine by February 1st of each licensing year the number 
of 
new 
zone 
entrants 
that 
may 
be 
authorized 
for 
each 
limited-entry zone. 
The number of new zone entrants authorized 
in a licensing year must be in accordance with the exit ratio 
established under subsection 2 for that zone. 
The commissioner 
shall authorize 
new 
zone entrants 
1n chronological order 
of 
requests received under subsection 5. 
The 
commissioner shall 
notify the authorized new zone entrants by certified mail. 
If a 
person does not declare a zone within 30 days after receiving the 
notification by certified mail, that person must be taken off the 
waiting list and the next person on the list must be authorized 
as a new zone entrant. 
If a person has indicated a request for 
more than one zone pursuant to subsection 5, that person must be 
taken off the waiting list for the 2nd zone when the person 
declares one of the zones as that person's declared lobster zone 
after being authorized to do so. 
If a person who holds a current 
Class I, 
Class II 
et-L Class III or noncommercial license 
1S 
authorized as a new zone entrant and declares the zone as that 
person's declared lobster 
zone identified on that 
zone for which the person 
zone, the commissioner shall change the 
person's license to the limited-entry 
is authorized. 
Sec. 14. 12 MRSA §6448, sub-§8, as repealed and replaced by PL 
1999, c. 643, §7, is amended to read: 
8. Exceptions. 
Notwithstanding subsection 4, the following 
persons may be issued a 
Class I, Class II 
et-L Class III or 
noncommercial lobster and crab fishing license that identifies a 
limited-entry zone as the declared lobster zone without meeting 
the requirements in subsection 4. 
A. 
A person who 
is issued a 
Class 
I 
lobster and crab 
fishing license and who is under 18 years of age or is 70 
years of age or older may declare any zone as that person's 
declared lobster zone. 
B. 
A person who is issued a Class I, Class II 9tL Class III 
or noncommercial lobster and crab fishing license on appeal 
pursuant 
to 
section 
6310, 
subsection 
2, 
paragraph 
A, 
subparagraph 
(1) 
or 
(2) 
may 
declare 
as 
that 
person's 
declared lobster zone 
the 
zone 
in which the person was 
authorized to fish a majority of that person's lobster traps 
in the most recent year in which the person held a license. 
C. A person who is issued a Class I, Class II 9tL Class III 
or noncommercial lobster and crab fishing license pursuant 
to section 6421, subsection 5, paragraph D may declare as 
that person's declared lobster zone the zone in which the 
person was authorized to fish a majority of that person's 
lobster traps in the most recent year in which the person 
held a license. 
A person who 
declares 
a 
limited-entry zone 
as that person's 
declared lobster zone pursuant to this subsection may not be 
counted for the purposes of the exit ratio or the number of new 
zone entrants that may be authorized for that zone. 
SUMMARY 
This bill expands 
the 
authority of 
the 
Zone 
E 
council 
authority 
and 
requires 
that 
noncommercial 
lobster 
and 
crab 
license entry criteria be the same as commercial license entry 
criteria. 
The bill also sets the number of noncommercial traps 
at 10 per vessel and caps the number of noncommercial lobster and 
crab 
licenses that can be issued at 2002 license year levels.