An Act To Require Noncommercial Lobster Fishing License Holders To Participate in the Conservation Efforts of the Commercial Lobster Industry
Maine Legislature, Session 122, LD 1231
Committee: Marine Resources
Sponsors: PERCY, DAMON
Amends: 12 MRSA §6448

Legislative Document 
No. 1231 
H.P.849 
House of Representatives, March 10,2005 
An Act To Require Noncommercial Lobster Fishing License Holders 
To Participate in the Conservation Efforts of the Commercial 
Lobster Industry 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative PERCY of Phippsburg. 
Cosponsored by Senator DAMON of Hancock. 
Printed on recycled paper 
1J1~ 
/J7·711dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6448, sub-§l, 1JC, as enacted by PL 1999, c. 
508, §3, is amended to read: 
C. 
"New 
zone 
entrant" 
means 
a 
person 
who 
declares 
a 
limited-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. 2. 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 e~L 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 9~L 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 
9~L Class III 
QJ'~_QJ1COIlll!Le_r~iQl lobster and crab fishing 
license that identified that zone as the person's declared 
lobster zone; or 
B. Is authorized as a new zone entrant by the 
pursuant 
to 
subsection 
to 
declare 
that 
person's declared lobster zone. 
commissioner 
zone 
as 
the 
Sec. 3. 12 MRSA §6448, sub-§5, 1J1JA and B, as enacted by PL 
1999, c. 693, §2, are amended to read: 
A. 
A person who held a Class I, Class II 
9~L Class III .9~ 
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 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 e~L Class 
III or noncommercial lobster and crab fishing license in the 
previous licensing year and wishes to be a new zone entrant 
Page l-LR1200(1) 
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 9r.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 
writing which zone the person requests to declare as the 
person's declared lobster zone within 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. 4. 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 
limi ted-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 in 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 
]0 
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 
:12 
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 
9r.L. 
Class III or noncommercial license is 
j 6 
authorized as a new zone entrant and declares the zone as that 
person's declared lobster zone, the commissioner shall change the 
zone identified on that person's license to the limited-entry 
zone for which the person is authorized. 
Sec. 5. 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 9r.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 
or 
noncommercial 
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 or Class III 
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 or Class III 
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 subjects the holder of or 
a 
noncommercial 
lobster 
or 
crab 
fishing 
limited-entry 
requirements 
of 
a 
commercial 
fishing license holder or applicant. 
person 
license 
lobster 
seeking 
a 
to 
the 
or 
crab