Maine Legislature, Session 122, LD 1231
Committee Amendment CA_A_H405 (House)

COMMITTEE AMENDMENT "A" to H.P. 849, L.n. 1231, Bill, "An 
Act To Require Noncommercial Lobster Fishing License Holders To 
Participate in the Conservation Efforts of the Commercial Lobster 
Industry" 
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 MRS A §6449 is enacted to read: 
§6449. Limited ent~: noncommercial 
1. 
Definitions. As used in this section, unless the context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following 
meanings. 
A. 
"Declared lobster zone" means the zone identified on a 
lobster and crab fishing license pursuant to section 6446, 
subsection I-A. 
B. 
"Limited-entry zone" 
means 
a 
lobster management 
zone 
established 
pursuant 
to 
section 
6446 
for 
which 
rules 
establishing limits on new zone entrants, as defined in 
section 6448, subsection 1. have been adopted pursuant to 
section 6448, subsection 2. 
C. 
"Noncommercial 
new 
zone entrant" means 
a 
person who 
declares 
a 
limited-entry zone as that person's declared 
lobster zone for a noncommercial lobster and crab fishing 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A.. to H. P. 849, L . D. i2:~} 
license but who did not hold in the previous licensing year 
a 
noncommercial 
lobster 
and 
crab 
fishing 
license 
that 
identified that zone as the person's declared lobster zone. 
2. 
HoncoDlllercia1 
limited 
entx:y. 
The 
commissioner 
may 
establish limits on noncommercial new zone entrants to a lobster 
management zone. 
For each limited-entry zone, the commissioner 
shall establish an exit ratio to apply to noncommercial new zone 
entrants that is equal to the exit ratio adopted pursuant to 
section 6448, subsection 2. 
3. 
Honconmercial fishing in limited-entx:y zones. A person 
who holds a 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 lobs~er zone. 
4. 
Limited-enta zone as declared lobster zone. 
A person 
may not be 
issued a 
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 
noncommercial 
lobster and crab fishing license that identified that zone 
as the person's declared lobster zone: or 
B. Is authorized as a noncommercial new zone entrant by the 
commissioner pursuant to subsection 7 to declare that zone 
as the person's declared lobster zone. 
5. 
Application for limited-entx:y zone. A person who wishes 
to be a 
noncommercial 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, in accordance with this 
subsection. 
A person may indicate up to 
limited-entry zones 
that the person requests to declare as the person's declared 
lobster zone. The commissioner shall stamp each request with the 
time and date of Submission. A person may not be authorized as a 
noncommercial new zone entrant unless that person made a request 
under this subsection no later than December 15th of the previous 
calendar year. 
A. 
A person who 
held 
a 
noncommercial 
lobster 
and crab 
fishing license in the previous licensing year and wishes to 
be a noncommercial 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 noncommercial license waiting list maintained 
under 
subsection 
according to the time 
and date the 
commissioner receives the request. 
COMM/rrEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
. to H.P. 849, L.D. 1231 
B. 
A person who did not hold a noncommercial lobster and 
crab fishing license in the previous licensing year and 
wishes to be a noncommercial 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 noncommercial license waiting 
list maintained under subsection 6 according to the date the 
commissioner determines that the person is eligible for a 
noncommercial lobster and crab fishing license pursuant to 
section 6421, subsection 5-5, except that. if the person 
does not indicate to the commissioner in writing which zone 
the person requests to declare as the person's declared 
lobster zone within 30 days of the date 4the commissioner 
determines that the person is eligible, the person must be 
put on the waitin~ list according to the time and date the 
commissioner receives such a written request. 
6. 
Chronological 
waiting 
list: 
noncommercial. 
The 
commissioner shall maintain and make available a waiting list of 
people who have requested to declare a 
limited-entry zone as 
their declared lobster zone under a 
noncommercial lobster and 
crab fishing license. The list must be arranged in chronological 
order in accordance with subsection 5. 
The commissioner shall 
create a noncommercial license waiting list for a zone at the 
time the commissioner closes the zone pursuant to section 6448, 
subsection 2, paragraph D. 
7. 
Authorization of nonconmercial new zone entrants. The 
commissioner shall determine by February 1st of each licensing 
year the number of noncommercial new zone entrants that may be 
authorized 
for 
each 
limited-entry 
zone. 
The 
number 
of 
noncommercial 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 
noncommercial 
new 
zone 
entrants 
in 
chronolOgical 
order 
of 
requests 
received Under subsection 5. 
The 
commissioner shall 
notify 
the 
authorized 
noncommercial 
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 noncommercial license waiting list 
and 
the 
next 
person 
on 
the list must 
be 
authorized 
as 
a 
noncommercial 
new zone entrant. If a 
person has indicated a 
reguest 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 
noncommercial 
license 
is 
authorized 
as 
a 
noncommercial new zone entrant and declares the zone as that 
person's declared lobster zone, the commissioner shall change the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 849, L.D. 1231 
zone identified on that person' s 
noncommercial license to the 
limited-entry zone for which the person is authorized. 
8. 
Rules. The commissioner may adopt rules to implement 
this section. 
Rules 
adopted pursuant to this subsection are 
routine technical rules as defined in Title S, 
chapter 
37S, 
subchapter 2-A.· 
SUMMARY 
This amendment replaces the bill and is the minority report 
of 
the 
committee. 
The 
amendment 
establish~s 
limited-entry 
prov~s~ons for noncommercial lobster fishing. 
~iFor each lobster 
management zone for which an exit ratio has been established to 
limit 
new 
entrants 
to 
the 
commercial 
lobster 
fishery, 
the 
amendment requires the Commissioner of Marine Resources to adopt 
an 
equal 
exit 
ratio 
to 
apply 
to 
entry into 
a 
zone 
for 
noncommercial 
license 
holders. 
The 
amendment 
establishes 
procedures for application, waiting lists and authorization of 
new 
entry 
of 
noncommercial 
lobster 
license 
holders 
into 
a 
limited-entry 
zone. 
These 
procedures 
are 
parallel 
to 
the 
limited-entry procedures for commercial lobster fishing. 
COMMITTEE AMENDMENT