An Act To Create a Marine Harvesting Demonstration License
Maine Legislature, Session 121, LD 1389
Committee: Marine Resources
Sponsors: DAMON, BULL
Amends: 12 MRSA §6810-A

Legislative Document 
No. 1389 
S.P.459 
In Senate, March 18,2003 
An Act To Create a Marine Harvesting Demonstration License 
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 Senator DAMON of Hancock. 
Cosponsored by Representative BULL of Freeport. 
Printed on recycled 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 §6810-A is enacted to read: 
§6810-A. 
Marine harvesting demonstration license 
1. 
License 
required. 
A 
person 
may 
not 
engage 
in 
an 
actiyity authorized under this section without a current marine 
haryesting demonstration license. 
2. 
Licensed activities. 
The holder of a marine harvesting 
demonstration license may engage in limited fishing activities 
for the purpose of proyiding an educational demonstration of 
marine haryesting techniques or of the marine ecology of the Gulf 
of Maine as part of a commercial operation. 
3. 
License limitations. 
The holder of 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. 
4. 
Gear limitations. 
The commissioner shall adopt rules 
specifying the types and amount of gear that may be used under a 
marine harvesting demonstration license. 
The number of lobster 
traps fished from a yessel may not exceed 20 traps, regardless of 
the number of marine haryesting demonstration license holders 
fishing 
from 
that 
vessel. 
Rules 
adopted 
pursuant 
to 
this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
5. 
Boat declaration. 
The license holder shall declare the 
name of the vessel to be used for fishing under the marine 
harvesting demonstration license at the time of application for 
the license and may not change that vessel during the license 
year unless the original vessel is sold and replaced, has been 
damaged and will be under repair for not less than one month or 
has been destroyed or lost. 
6. 
Eligibility. 
A marine harvesting demonstration license 
may be issued only to an indiyidual who has: 
A. 
Successfully 
completed 
a 
lobster 
and 
crab 
fishing 
written examination as proyided in section 6423. 
Once 
a 
person successfully completes 
a 
lobster and crab 
fishing written examination, that person need not repeat the 
examination to 
renew the marine haryesting demonstration 
license; or 
Page l-LRI901(1) 
B. 
Held a Class I. Class II or Class III lobster and crab 
fishing license and has landed lobster under that license. 
7. 
Prohibition. 
A person who possesses a marine harvesting 
demonstration license may not possess a 
Class I, II or III, 
apprentice. 
student or noncommercial lobster and crab fishing 
license in the same license year. 
8. 
Fee. 
The fee for 
a marine harvesting demonstration 
license is $25. 
9. 
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. 
SUMMARY 
This bill proposes 
to 
create 
a 
new 
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. 
All organisms must be liberated 
alive into the area from which they were taken. 
In order to be 
eligible 
for 
this 
license, 
an 
individual 
must 
demonstrate 
knowledge of the lobster fishery by passing the 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.