An Act To Permit the Landing of Lobsters Harvested by Methods other than Conventional Traps
Maine Legislature, Session 123, LD 0170
Committee: Marine Resources
Sponsors: HASKELL, EDMONDS, BROMLEY, SMITH
Amends: 12 MRSA §6421, 12 MRSA §6432, 12 MRSA §6451, 12 MRSA §6455, 12 MRSA §6952-A

Legislative Document 
No. 170 
H.P.152 
House of Representatives, January 16,2007 
An Act To Permit the Landing of Lobsters Harvested by Methods 
other than Conventional Traps 
(EMERGENCY) 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative HASKELL of Portland. 
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1n·771Il£~ 
MILLICENT M. MacFARLAND 
Clerk 
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Cosponsored by President EDMONDS of Cumberland, Senator BROMLEY of Cumberland 
and Representati ves: FLETCHER of Winslow, SMITH of Monmouth. 
Printed Oil recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the ability of the groundfish industry to land lobsters in Maine caught by 
unconventional methods in certain federal waters is of vital economic importance to the 
industry and the survival of Maine businesses dependant on the groundfish industry; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
lOBe it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6421, sub-§I, as repealed and replaced by PL 2003, c. 452, 
Pt. F, §8 and affected by Pt. X, §2, is amended to read: 
1. License required. A person may not engage in the activities authorized under 
this section without a license issued under this Part authorizing the activities or without a 
current: 
A. 
Class I lobster and crab fishing license; 
B. 
Class II lobster and crab fishing license; 
C. Class III lobster and crab fishing license; 
D. 
Apprentice lobster and crab fishing license; 
E. 
Student lobster and crab fishing license; 
F. 
Noncommercial lobster and crab fishing license; or 
C. 
Other lioeAse issued uAder this Part authoriziAg the aotivities. 
H. Offshore lobster and crab landing license. 
Sec. 2. 12 MRSA §6421, sub-§2, as amended by PL 1995, c. 568, § I, is further 
amended to read: 
2. Licensed activity. The holder of a Class I, Class II, Class III, offshore lobster and 
crab landing, apprentice or student lobster and crab fishing license may fish for, take, 
possess, ship or transport within the State lobsters or crabs and sell lobsters or crabs the 
license holder has taken. The license does not authorize the license holder to remove 
lobster meat from the shell or to take, possess, transport or ship lobster parts or meat. The 
holder of a Class II ef, Class III or offshore lobster and crab landing license is liable for 
the licensed activities under this subsection of all unlicensed crew members assisting that 
licensee. 
Sec. 3. 12 MRSA §6421, sub-§3-A, ~G is enacted to read: 
G. 
An offshore lobster and crab landing license authorizes the license holder to 
engage in the licensed activities under subsection 2. An offshore lobster and crab 
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landing license holder may have 4 unlicensed crew members on board to assist in the 
licensed activities. 
Crew members must be under the direct supervision of the 
offshore lobster and crab landing license holder. 
Sec. 4. 12 MRS A §6421, sub-§7-A, ~G, as repealed and replaced by PL 2005, c. 
354, §2, is amended to read: 
G. 
Fifty-six dollars for a student lobster and crab fishing license; aOO 
Sec. 5. 12 MRSA §6421, sub-§7-A, ~, as repealed and replaced by PL 2005, c. 
354, §2, is amended to read: 
H. 
Fifty-six dollars for a noncommercial lobster and crab fishing license~~ 
Sec.6. 12 MRSA §6421, sub-§7-A, ~ is enacted to read: 
I. Two hundred sixty dollars for a resident offshore lobster and crab landing license; 
and 
Sec. 7. 12 MRSA §6421, sub-§7-A, ~J is enacted to read: 
J. Five hundred twenty dollars for a nonresident offshore lobster and crab landing 
license. 
Sec. 8. 12 MRSA §6432, sub-§I, as amended by PL 2003, c. 520, §4, is further 
amended to read: 
1. Conventional traps. A Except as provided in subsection 4-A, a person may not 
fish for or take lobster by any method other than conventional lobster traps, as defined in 
rule, or from any platform other than a vessel. A vessel does not include a dock. 
Sec. 9. 12 MRSA §6432, sub-§4-A is enacted to read: 
4-A. Offshore lobster and crab landing license. A person fishing pursuant to an 
offshore lobster and crab landing license may land lobsters and crabs harvested by a 
method other than conventional lobster traps subject to the following: 
A. A person may harvest lobsters under an offshore lobster and crab landing license 
only from the EEZ Offshore Management Area 3 as defined in 50 Code of Federal 
Regulations, Section 697.18 (2006); 
B. The number of lobsters taken pursuant to an offshore lobster and crab landing 
license may not exceed 100 lobsters for a fishing trip of 24 hours or less in duration, 
with a maximum limit of 500 lobsters within a period of 7 consecutive days; 
C. 
The vessel landing lobsters must be equipped with a functioning vessel 
monitoring system approved by the National Marine Fisheries Service as defined in 
Code of Federal Regulations, Section 648.9 (2006); and 
D. 
The vessel landing lobsters must allow the department to access the vessel's 
vessel monitoring system positioning data as determined by the department. 
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The commissioner shall adopt rules to monitor the landing of lobsters pursuant to an 
offshore lobster and crab landing license. 
The commissioner may limit by rule the 
percentage of lobsters landed pursuant to this license to no more than 6% of the total of 
lobsters landed amiually. Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 10. 12 MRSA §6432, sub-§5, as amended by PL 1999, c. 82, §2, is further 
amended to read: 
5. Penalty for possession. Possession of lobsters other than those caught by the 
method specified in subsection 1 or 4-A is a Class D crime, except that in addition to any 
punishment that may be imposed under Title 17-A, Part 3, the court shall impose a fine of 
$50 for each violation and, in addition, a fine of $1 00 for each lobster involved. 
Sec. 11. 12 MRSA §6451, sub-§I, as amended by PL 2005, c. 354, §3, is further 
amended to read: 
1. Allocation of license fees. Ten dollars of each $113.75 fee, $10 of each $114 fee, 
$20 of each $228.50 fee, $25 of each $260 fee, $30 of each $341.25 fee, $30 of each 
$336 fee, $50 of each $520 fee, $60 of each $682.75 fee, $120 of each $1,371.50 fee, 
$180 of each $2,047.25 fee and $5 of each $56 fee for each lobster and crab fishing 
license must be allocated to the Lobster Fund, which must be used for the purposes of 
lobster biology research, of propagation of lobsters by liberating seed lobsters and female 
lobsters in Maine coastal waters and of establishing and supporting lobster hatcheries. 
Sec. 12. 12 MRSA §6455, sub-§5, ~, as amended by PL 2001, c. 226, § 1, is 
further amended to read: 
D. 
Wholesale seafood licenses with lobster permits, $250; aftd 
Sec. 13. 12 MRS A §6455, sub-§5, ~, as amended by PL 2001, c. 226, § I, is 
further amended to read: 
E. 
Lobster transportation licenses, $250~; and 
Sec. 14. 12 MRSA §6455, sub-§5, W is enacted to read: 
F. Offshore lobster and crab landing licenses, $100. 
Sec. 15. 12 MRSA §6952-A, sub-§4 is enacted to read: 
4. Exception; offshore lobster and crab landing license holders. This section does 
not apply to lobsters that are fished for, taken or possessed by a holder of an offshore 
lobster and crab landing license in accordance with section 6432, subsection 4-A. 
Emergency clause. In view of the emergency cited in the preamble, this Act takes 
effect when approved. 
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SUMMARY 
This bill is an emergency measure and takes effect upon approval. It creates an 
offshore lobster and crab landing license that allows the holder to harvest lobsters other 
than by conventional lobster traps from the EEZ Offshore Lobster Management Area 3 
and land those lobsters in the State. It sets the limit for the number of lobsters that can be 
harvested under this license at 100 lobsters for a fishing trip of 24 hours or less in 
duration, with a maximum limit of 500 lobsters within a period of 7 consecutive days. 
This bill provides for the allocation of revenues raised by the new license to the Lobster 
Fund and the Lobster Promotion Fund.