An Act To Expand the Authority of Maine's Lobster Management Policy Councils
Maine Legislature, Session 122, LD 0895
Committee Amendment CA_A_S153 (Senate)
Amends: 12 MRSA §6446, 12 MRSA §6447

COMMITTEE AMENDMENT "A to S.P. 303, L.D. 895, Bill, "An 
Act To Expand the Authority of Maine's Lobster Management Policy 
Councils" 
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'Sec. 1. 12 MRSA §6446, sub-§2, as repealed and replaced by PL 
1995, c. 568, §4, is amended to read: 
2. 
Rules for zones. 
The commissioner may adopt rules for a 
zone established under subsection 1 that p*aee-~~~~~~-*9&S~er 
aBa-€~a~~~~~-~~-h&~~&-wae-~4££-~~~~-~~-re~ara~B~ 
~ae-~-~-*9&S~e~-~~ap£-~~-aa4-~ae-~~~~~~-a**9wea 
~er-~~~y~~-~it~-~~--B~&et7--~ae-~~-~--~~~e£--~raF6 
a**ewea-~-~-~~~-aBa-~£€-~~~~~-aay-w£e£-~~~--~~&&~~-may 
eeeHr are proposed pursuant to section 6447, 
subsection 5 or 
section 6447, subsection 5-C only when the rules were proposed by 
the lobster management policy council established for that zone 
pursuant to section 6447, subsection 1 and the proposed rules 
were 
approved 
in 
a 
referendum 
pursuant 
to 
section 
6447, 
subsection 6. 
The commissioner may accept the rules proposed by 
a lobster management policy council as reasonable and adopt those 
rules or reject the council's proposed rules as unreasonable. 
The rules adopted under this subsection by the commissioner must 
accurately reflect the intent of the rules proposed by a lobster 
management policy council but are not required to be a verbatim 
rendition of the proposed rules. 
Page l-LRI987(2) 
COMMITTEE AMENDMENT 
,~. 
''''.. .. 
-. 
COMMITTEE AMENDMENT ,~ to S.P. 303, L.D. 895 
Sec. 2. 12 MRSA §6446, sub-§2-B, as enacted by PL 2003, c. 
466, §3, is repealed. 
Sec. 3. 12 MRSA §6447, sub-§5-B, as enacted by PL 2003, c. 
466, §4, is repealed. 
Sec.4. 12 MRSA §6447, sub-§5-C is enacted to read: 
5-C. 
Apprentice program ru1es. Notwithstanding any other 
prov~s~on of this subchapter, upon approval in a referendum under 
subsection 6, a lobster management policy council may propose to 
the commissioner rules for a zone that do any of the following: 
A. Increase the minimum length of time an apprentice must be 
enrolled 
in 
the 
apprentice 
program 
beyond 
the 
period 
established in section 6422, 
subsection 2. 
The 
minimum 
enrollment period may not exceed 5 years. 
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; and 
C. 
Require a person to complete all requirements of the 
apprentice program in a specific zone in order to enter that 
zone as a Class I, Class II or Class III lobster and crab 
fishing 
license 
holder. 
A 
rule 
proposed 
under 
this 
paragraph and adopted under section 6446, subsection 2 may 
not be applied to those portions of the apprentice program 
requirements a person has completed prior to the effective 
date of the rule. 
A rule proposed under paragraph A or 
B and adopted by the 
commissioner under section 6446, subsection 2 does not apply to 
persons who are enrolled in the apprentice program on the date 
the rule takes effect. 
Sec. 5. Retroactivity. 
That portion of this Act that enacts 
the Maine Revised Statutes, Title 12, section 6447, subsection 
5-C applies retroactively to January 1, 2005.' 
SUMMARY 
This amendment replaces the bill. The amendment retains the 
substance of the bill to allow lobster management policy councils 
the authority to propose zone-specific rules to increase the 
enrollment period of the apprenticeship program, to require a 
sponsor to have held a lobster license for at least 5 years and 
to limit entry to a zone to persons who have apprenticed in the 
zone. 
The 
amendment adds 
a provision to make this authority 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A to S.P. 303, L.D. 895 
apply retroactively to January 1, 2005. The amendment clarifies 
the application of rules for apprentices who are enrolled in the 
program when the rule takes effect. The amendment makes several 
technical changes to account for existing provisions of law. 
FISCAL NOTE REQIDRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/25/05 ;t;?'ac 
LD895 
LR 1987(02) 
An Act To Expand the Authority of Maine's Lobster Management Policy Councils 
Fiscal Note for Bill as Amended by Committee Amendment ~ 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR1987(2) - Fiscal Note - Page 1 of 1