An Act To Amend the Lobster Fishing Laws of Maine
Maine Legislature, Session 122, LD 1510
Committee: Marine Resources
Sponsors: DAMON
Amends: 12 MRSA §6421, 12 MRSA §6431-F, 12 MRSA §6446, 12 MRSA §6448, 12 MRSA §6465, 12 MRSA §6851, 12 MRSA §6862

Legislative Document 
No. 1510 
S.P.526 
In Senate, March 30, 2005 
An Act To Amend the Lobster Fishing Laws of Maine 
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. 
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 §6421, sub-§5-A, as amended by PL 2003, c. 
468, §2, is further amended to read: 
5-A. 
Student license eliqibility. 
A student license may 
eB~y be issued ~ 
to a person who, at the time of application, 
is a full-time student 8 years of age or older and under 23 years 
of age. 
For the purposes of this subsection, "full-time student" 
means ~se~aeBe~-as-Qe~4~eQ-~~~~~~~-~r~~~&-~@br-s~BseeeieB 
8T--p&l"-aqc-aph--b a person regularly attending a public sChool in 
accordance with Title 20-A, section 5001-A, subsection 1 or in 
accordance with an alternative to attendance at a public school 
pursuant to Title 20-A, section 5001-A, subsection 3 or a college 
or university that has been accredited by a 
state-recognized 
accrediting agency or body. 
A person may not be considered to have ceased to be a student 
during any interim between school years if the interim does not 
exceed 5 months and if it is shown that the person has a bona 
fide intention of continuing to pursue a full-time course of 
study during the semester or other enrollment period immediately 
following the interim period. 
For purposes of this subsection, 
"full-time course of study" means at least 
60°i> 
of the usual 
course load for the program in which the person is enrolled. 
Sec. 2. 12 MRSA §6431-F, as amended by PL 2003, c. 510, Pt. 
A, §6, is further amended to read: 
§6431-F. Trap taqs 
1. Trap taq limits. 
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~aF-e~~h-~~~~-~~r-~ae Each year, a Class I, Class II 
or Class III lobster and crab fishing license holder may 
purchase a number of trap tags that is not greater than 100 
more than the number the license holder purchased for the 
previous license year as long as the 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. 
2. Exceptions. 
Notwithstanding subsection 1, the following 
trap tag limits apply: 
A. If the license holder was issued a Class I, Class II or 
Class III lobster and crab fishing license for the first 
time 
after 
meeting 
the 
requirements 
of 
the 
apprentice 
program 
under 
section 6422, 
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: and 
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C. If the license holder was issued a Class I, Class II or 
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 
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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 traps. 
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4. Trap limit for zone. 
A person may not purchase a number 
of trap tags greater than the trap limit established by rule for 
a lobster management zone iB-wRieR-~Ra~-pe~6aB-£i6Re6 declared on 
that person's lobster and crab fishing license. 
Sec. 3. 12 MRSA §6446, sub-§I-A, as amended by PL 2003, c. 
466, §2 and affected by §5, is further amended to read: 
l-A. Declared lobster zone. 
A person shall declare on an 
application for a Class I, Class II, Class III or noncommercial 
lobster and crab fishing license 
~Re Qll lobster management Bane 
zones in which that person proposes to fish 
a-.ffi.a-j.o.r-it.-y--e~ that 
person's lobster traps. 
A license must identify the zone in 
which the person 
is--aut~-iee4-~a ~ 
fish a majority of that 
person's lobster traps. 
For the purposes of this section, the 
majority of a person's lobster traps must be determined from the 
number of trap tags issued to that person. 
The license must also 
identify all zones in which a person is authorized to fish that 
person's lobster traps. 
It is unlawful for a person to place any 
lobster traps in a 
zone that has not been identified on that 
person's license. 
Sec. 4. 12 MRSA §6448. sub-§2, as amended by PL 2003, c. 510, 
Pt. A, §7, is further amended to read: 
2. 
Rules for limited-entry zones. 
The commissioner may 
adopt rules establishing limits on new zone entrants to a lobster 
management zone. 
These rules must be adopted in accordance with 
this subsection. 
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. 
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Qee±ateQ--~~~---BeneT 
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. 
B. 
The 
commissioner 
may initiate rulemaking 
under this 
subsection only upon receipt of a proposal under paragraph 
A. 
The commissioner shall hold a 
public hearing on the 
proposed rules pursuant to Title 
5, 
section 8052. 
The 
public hearing must be held in the zone in which the rules 
would apply and the results of the written survey must be 
entered into the record. 
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. 
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D. 
Upon written notification from the lobster management 
policy council that a majority of the council has voted to 
conduct a survey in a zone regarding a proposal for an exit 
ratio 
to 
limit 
new 
zone 
entrants 
to 
the 
zone, 
the 
commissioner shall close the zone to new zone entrants until 
the commissioner either adopts rules under this subsection 
or 
declares 
that 
the 
commissioner 
will 
not 
initiate 
rulemaking under this subsection. 
In no event may the zone 
remain 
closed 
for 
longer 
than 
one 
year 
unless 
the 
commissioner has adopted rules establishing limits on new 
zone entrants to the zone. 
E. 
When a lobster management policy council proposes to the 
commissioner a change in the exit ratio established under 
paragraph C, the lobster management policy council may also 
propose to the commissioner a provision to allow individuals 
who 
meet the following conditions to enter the 
zone 
in 
accordance with the previously existing exit ratio: 
(1) 
The individual has completed the requirements of 
the apprenticeship program established under 
section 
6422 
by 
the 
date 
the 
commissioner 
receives written 
notification from the lobster management policy council 
that a majority of the council has voted to conduct a 
survey pursuant to paragraph Di and 
(2) 
The individual's name is listed on the waiting 
list maintained under subsection 
by the date the 
commissioner 
receives written notification 
from 
the 
lobster management policy council that a majority of 
the council has voted to conduct a survey pursuant to 
paragraph D. 
Sec. 5. 12 MRSA §6465, sub-§§l and 2, as enacted by PL 2001, c. 
623, §l, are amended to read: 
1. 
Sources and uses of fund. 
Revenues from lobster special 
registration plate fees credited to the fund under Title 29-A, 
section 456-A may be used for research and education to support 
the development of the lobster industry in this State. 
Revenues 
may also be 
used to 
support the operation of the 
research, 
education 
and 
development 
board 
described 
in 
subsection 
2, 
including reimbursement for travel expenses of its members. 
2. 
Research, 
education 
and 
development 
board. 
The 
commissioner shall appoint a research, education and development 
board and consult with the board regarding the expenditures from 
the fund. 
The board is composed of one member from each of the 
following organizations: 
A. 
A statewide association representing the interests of 
persons who harvest lobster commercially; 
B. 
An association representing the interests of persons who 
harvest 
lobster 
commercially 
in 
Washington 
and 
Hancock 
counties; 
C. 
A southern Maine association representing the interests 
of persons who harvest lobster commercially; 
D. 
A statewide import-export lobster dealers' association; 
E. 
A statewide lobster pound owners' association; 
F. 
A statewide lobster processors' association; 
G. 
The Lobster Promotion Council under section 6455; 
H. 
The Lobster Advisory Council established by Title 5, 
section 12004-1, subsection 58; and 
I. 
An international lobster institute. 
This member must be 
a resident of the State. 
Members 
are entitled to 
compensation 
according 
to Title 
5, 
chapter 379. 
Sec.6. 12 MRS A §6473, sub-§2 is enacted to read: 
2. 
Exception. 
Notwithstanding 
subsection 
1, 
a 
person 
registered for Monhegan Lobster Conservation Area trap tags may 
serve as a crew member to assist in the licensed activities under 
the direct supervision of a 
Class I, Class II or Class III 
license holder outside the Monhegan Lobster Conservation Area. 
Sec. 7. 12 MRSA §6851, sub-§2-A, as enacted by PL 1991, c. 
523, §3, is amended to read: 
2-A. 
Wholesale seafood license with lobster permit. 
At the 
request 
of 
the 
applicant, 
the 
commissioner 
shall 
issue 
a 
wholesale 
seafood 
license with 
a 
lobster 
permit. 
A person 
holding a wholesale seafood license with a lobster permit may 
engage in all the activities in subsection 2 and may buy, sell, 
process, 
ship or transport lobster or properly permitted or 
lawfully imported lobster meat or parts anywhere within the state 
limits. 
A license under this subsection does not authorize a 
person to possess or transport lobster that person has taken 
unless that person is in possession of a license issued under 
section 6421, subsection 3-A, paragraph A, a, C or E. 
A license 
under this subsection does 
not authorize 
a 
person to 
remove 
lobster meat from the shell unless a permit under section 6857 is 
held. 
Sec. 8. 12 MRSA §6851, sub-§4, as amended by PL 2001, c. 421, 
Pt. a, §53 and affected by Pt. C, §l, is further amended to read: 
4. 
License 
limited. 
A 
license 
under 
this 
section 
authorizes activities at only one establishment or with only one 
vehicle, but not on a vessel rigged to fish, provided that this 
license also authorizes the sale and transportation of scallops 
from any vessel. 
The limitation in this subsection does not 
apply to holders of licenses issued under section 6421 when they 
are transporting lobsters on the vessel they have declared on 
their lobster license application. 
Sec. 9. 12 MRSA §6862, sub-§§2 and 4, 
as 
amended 
by 
PL 
2001, c. 421, Pt. B, §6l and affected by Pt. C, §l, are further 
amended to read: 
2. 
Permitted activity. 
A lobster tail permit authorizes a 
wholesale seafood license holder to remove a lobster tail from a 
lobster and to process that whole lobster tail 
eF-~-t.-ions--eE 
~hat-~e9s~eF-tai~ under the following conditions. 
A. 
The 
lobster tail 
eF--~e9s~eF--~ai~--~eF~ieas may 
be 
processed only at the establishment named in the permit. 
B. 
The lobster tail eF-~~~~--t.~~~-~eF~ieas may come from 
only a legal-sized lobster, as defined in section 6431. 
c. 
All containers in which lobster tails 
eF--l-Qb.s..t.-e-r--~ai± 
~eF~ieas are packed to be sold, shipped or transported must 
be clearly labeled with the name, address and permit number 
of the packer. 
4. 
Rules. 
The commissioner, in accordance with Title 5, 
chapter 375, 
may adopt rules necessary for implementation and 
enforcement of this section. 
These rules may include provisions 
for 
determining that lobster tails 
eF--±e9s~eF--~ai±--~eF~ieas 
processed 
by 
a 
wholesale 
seafood 
license 
holder 
under 
this 
section were 
removed by that wholesale seafood license holder 
from 
legal-sized 
lobsters 
and 
other 
provisions 
as 
may 
be 
determined necessary. 
SUMMARY 
This bill amends the laws governing lobster and crab fishing 
in the following ways. 
1. 
It provides a definition of "full-time student" to be 
used to determine eligibility for obtaining a student lobster and 
crab fishing license. 
2. 
It amends the trap tag program to remove the December 
31, 2005 repeal on the build-up provisions and strikes language 
no longer relevant regarding initial trap tag allocations. 
3. 
It requires that all zones that a person declares on a 
license application be on that person's license, and states that 
a person may not place any traps in a zone that is not identified 
on that person's license. 
It states that the number of trap tags 
sold will be used to determine the majority of a person's traps, 
rather than the number of traps fished. 
4. 
It removes language that provides an exemption from an 
exit ratio for an individual who became eligible for but who had 
not been issued a Class I, Class II or Class III license prior to 
January 1, 2000. 
It also provides that when a lobster management 
policy council proposes 
to the 
commissioner 
a 
change 
in 
an 
established exit ratio, the lobster management policy council may 
also propose to the commissioner a provision to allow certain 
indi viduals to enter the zone in accordance with the previously 
existing exit ratio. 
5. 
It provides that the members of 
education and development board may 
be 
expenses for board meetings. 
the lobster research, 
reimbursed for travel 
6. 
It creates an exception to allow persons registered for 
Monhegan Lobster Conservation Area trap tags to work as crew 
members outside the Monhegan Lobster Conservation Area. 
7. 
It amends the wholesale seafood license with lobster 
permit to prevent individuals 
from possessing or transporting 
lobster they have taken unless they possess a Class I, II or III 
or student lobster and crab fishing license. 
It clarifies that 
license holders licensed under the Maine Revised Statutes, Title 
12, section 6421 may transport lobsters they have not taken if 
they are using the vessel declared on their license. 
8. 
It 
amends 
the 
lobster 
processing of only whole 
lobster 
lobster tails. 
tail 
permit 
to 
allow 
the 
tails and not portions 
of