An Act To Provide Flexibility within the Monhegan Island Lobster Conservation Area To Ensure the Viability of the Island Community
Maine Legislature, Session 123, LD 1870
Committee Amendment CA_A_H279 (House)
Amends: 12 MRSA §6421, 12 MRSA §6475

COMMITTEE AMENDMENT ,/J " 
to H.P. l302, L.D. 1870, Bill, "An Act To 
Provide Flexibility within the Monhegan Island Lobster Conservation Area To Ensure the 
Viability of the Island Community" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide Flexibility within the Monhegan Lobster Conservation 
Area and To Strengthen the Eligibility Requirements for a Student Lobster 
Fishing License' 
Amend the bill before section 1 by inserting the following: 
'Sec. 1. 12 MRSA §6421, sub-§5-A, as amended by PL 2005, c. 239, §1, is 
further amended to read: 
5-A. Student license eligibility. A student license may be issued only 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: 
A. 
A person attending a public day school in accordance with the attendance 
requirement of Title 20-A, section 5001-A, subsection 1; 
B. 
A person meeting the requirements of an alternative to attendance at public day 
school in accordance with Title 20-A, section 5001-A, subsection 3; or 
C. 
A person enrolled in and meeting the requirements of a full-time course of study 
at a college or university 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% of the usual 
course load for the program in which the person is enrolled. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. ~" to H.P. 1302, L.D. 1870 
The commissioner may revoke a student license of an individual who has ceased to be a 
full-time student.' 
Amend the bill in section 1 in §6472 in subsection 2 in the 2nd line (page 1, line 19 in 
L.D.) by striking out the following: "not to exceed 270 consecutive" and inserting the 
following: 'eoRseeHti .. 'e not to exceed 250' 
Amend the bill in section 1 in §6472 in subsection 2 in the 3rd line (page 1, line 20 in 
L.D.) by striking out the following: "September" and inserting the following: 'October' 
Amend the bill in section 1 in §6472 in subsection 2 in paragraph A in the last line 
(page 1, line 25 in L.D.) by inserting after the following: "6474." the following: 'The 
commissioner may accept the preferences proposed by 2/3 of the registrants as reasonable 
and adopt those preferences or reject the preferences as unreasonable. The commissioner 
shall consult with the lobster management policy council for Zone D before making this 
decision.' 
Amend the bill in section I in '§6472 in subsection 3 in paragraph A in the last line 
(page 2, line 4 in L.D.) by inserting after the following: "6474." the following: 'The 
commissioner may accept the preferences proposed by 2/3 of the registrants as reasonable 
and adopt those preferences or reject the preferences as unreasonable. The commissioner 
shall consult with the lobster management policy council for Zone D before making this 
decision.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 12 MRSA §6475, sub-§I, ~, as enacted by PL 1997, c. 574, §4, is 
further amended to read: 
B. 
A person fulfills the time requirements of a Monhegan Lobster Conservation 
Area apprenticeship if, after November 30, 1998, that person serves for +W 200 
fishing days during a minimum period of 24 months in the Monhegan Lobster 
Conservation Area on a vessel operated by a Monhegan Lobster Conservation Area 
trap tag registrant who agrees to sponsor that person as an apprentice. 
For the 
purposes of this subsection, a "fishing day" means 5 hours or more in a calendar day 
of lobster-fishing-related activity. 
The commissioner shall administer the 
apprenticeship pursuant to rules adopted under section 6422 regarding an apprentice 
log book and educational courses. 
A person completes a Monhegan Lobster 
Conservation Area apprenticeship upon presentation to the commissioner of a 
validated log book that documents that person meets the requirements of this 
paragraph. 
Sec. 3. 12 MRSA §6475, sub-§5 is enacted to read: 
5. Registrants exiting the Monhegan Lobster Conservation Area. A person who 
is registered to fish within the Monhegan Lobster Conservation Area and who no longer 
wishes to fish there may exit the area at the end of the registration period established in 
this section in the following manner: 
A. A person who has been registered for a period of not less than 5 open seasons and 
who can document to the commissioner that that person has harvested lobsters in 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"ft " t. H.P. 1302. L.D. 187. 
each of 5 open seasons may exit the Monhegan Lobster Conservation Area and fish 
elsewhere in Zone D without going on a waiting list as established in section 6448. 
B. A person who has been registered for a period of less than 5 open seasons or who 
cannot document to the commissioner that that person harvested lobsters in at least 5 
open seasons may exit the Monhegan Lobster Conservation Area and become eligible 
to fish elsewhere in Zone D if that person complies with the waiting list requirement 
established in accordance with section 6448. 
Sec. 4. Report. The Commissioner of Marine Resources shall report on the 
implementation, enforcement and results from the changes to the lobster and crab fishing 
season and trap limits for Monhegan Lobster Conservation Area under this Act to the 
joint standing committee of the Legislature having jurisdiction over marine resources 
matters by January 15, 2011. The joint standing committee of the Legislature having 
jurisdiction over marine resources matters may submit legislation related to that report.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment: 
1. Changes the proposed start for the open season on lobster fishing in the Monhegan 
Lobster Conservation Area from September 1 st to October 1 st and limits the proposed 
number of days open to fishing from 270 to 250 and removes the requirement that those 
days be consecutive; 
2. Provides that the Commissioner of Marine Resources may accept the open season 
and trap limits for lobster fishing in the Monhegan Lobster Conservation Area 
preferences proposed by 2/3 of the registrants in that area as reasonable and adopt those 
preferences or reject the proposed preferences as unreasonable. The commissioner must 
consult with the lobster management policy council for Zone D before making a decision 
on the preferences proposed by the registrants; 
3. Increases the number of days a person must apprentice in the Monhegan Lobster 
Conservation Area from 150 days to 200 days to match the apprenticeship requirements 
in other lobster zones; 
4. Provides that a person registered to fish lobsters in the Monhegan Lobster 
Conservation Area must have harvested lobsters during 5 open seasons in that area before 
that person can fish elsewhere in Zone D without having to go on a waiting list to fish 
lobsters in that zone; and 
5. Directs the Commissioner of Marine Resources to report to the joint standing 
committee of the Legislature having jurisdiction over marine resources matters no later 
than January 15,2011 on the results of the open season and trap limit change for fishing 
lobsters in the Monhegan Lobster Conservation Area. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05115/07 
~ac 
LD 1870 
LR 2618(02) 
An Act To Provide Flexibility within the Monhegan Island Lobster Conservation Area To Ensure the 
Viability of the Island Community 
Fiscal Note for Bill as Amended by Committee Amendment" Pr" 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR2618(02) - Fiscal Note - Page 1 of 1