An Act To Create a Nonresident Lobster and Crab Landmg Pennit
Maine Legislature, Session 123, LD 0311
Committee Amendment CA_B_H258 (House)
Amends: 12 MRSA §6402, 12 MRSA §6402-B, 12 MRSA §6404, 12 MRSA §6431-A, 12 MRSA §6431-B, 12 MRSA §6432, 12 MRSA §6434, 12 MRSA §6446

COMMITTEE AMENDMENT.J3" to H.P. 255, L.D. 311, Bill, "An Act To Create 
a Nonresident Lobster and Crab Landmg Pennit" 
Amend the bill by striking out all of sections 1 to 3 and inserting the following: 
'Sec. 1. 12 MRSA §6402, as amended by PL 1993, c. 543, §1, is further amended 
by inserting after the first paragraph a new paragraph to read: 
The commissioner shall suspend the nonresident lobster and crab landing pennit of a 
permit holder convicted in court of violating section 6434. This suspension is for 3 years 
from the date of conviction. This paragraph is repealed January 1, 2010. 
Sec. 2. 12 MRSA §6402-B, as amended by PL 1995, c. 315, §1, is further 
amended by inserting after the first paragraph a new paragraph to read: 
Notwithstanding section 6401, subsection 2, the commissioner shall suspend the 
nonresident lobster and crab landing pennit of a pennit holder convicted of a 2nd or 
subsequent offense of possessing a lobster smaller than the minimum size established in 
section 6431, subsection 1 if the conviction of the 2nd or subsequent offense involved 
possession of 3 or more lobsters smaller than that minimum size. This paragraph is 
repealed January 1. 2010. 
Sec. 3. 12 MRSA §6404, as amended by PL 1995, c. 468, §2, is further amended 
by inserting after the first paragraph a new paragraph to read: 
The commissioner shall suspend the nonresident lobster and crab landing pennit of a 
permit holder convicted in court of violating section 6438-A. The suspension must be for 
one year from the date of conviction. This paragraph is repealed January 1. 2010.' 
Amend the bill in section 6 in subsection 2-B in the 2nd line (page 1, line 30 in L.D.) 
by inserting after the following: "possess" the following: " transport' 
Amend the bill in section 6 in subsection 2-B in the last line (page 1, line 33 in L.D.) 
by inserting after the following: 
"meat." the following: 'This subsection is repealed 
January 1, 2010.' 
COMMITTEE AMENDMENT 
,. 
COMMITTEE AMENDMENT 'h to H.P. 255, L.D. 311 
Amend the bill in section 7 in subsection 5-0 in paragraph B in the 2nd line (page 2, 
line 5 in L.D.) by striking out the following: "and" 
Amend the bill in section 7 in subsection 5-D in paragraph C in the 2nd line (page 2, 
line 7 in L.D.) by striking out the following: "State." and inserting the following: 'State; 
and' 
Amend the bill in section 7 in subsection 5-D by inserting after paragraph C the 
following: 
'D. Documents to the commissioner that that person has not been issued trap tags 
from a state other than Maine or federally issued trap tags that allow the individual to 
exceed a trap limit established under section 6431-A.' 
Amend the bill in section 7 in subsection 5-D by inserting at the end the following: 
'This subsection is repealed January 1, 2010.' 
Amend the bill in section 8 in subsection 5-E in the last line (page 2, line 20 in L.D.) 
by inserting after the following: 
"subsection 1." the following: 
'This subsection is 
repealed January 1, 2010.' 
Amend the bill in section 11 in paragraph I in the 2nd line (page 2, line 29 in L.D.) by 
inserting after the following: 
"permit." the following: 
'This paragraph is repealed 
January 1, 2010.' 
Amend the bill by striking out all of sections 12 to 17 and inserting the following: 
'Sec. 12. 12 MRSA §6431-A, sub-§I-A is enacted to read: 
I-A. Limit on traps under nonresident lobster and crab landing permit. The 
holder of a nonresident lobster and crab landing permit issued under section 6421 may 
not submerge more than 800 traps. If a lower trap limit is adopted by rule for a zone 
pursuant to section 6446, a license holder or permit holder who fishes in that zone may 
not submerge a number of traps that exceeds the lower limit. 
The number of traps fished from a vessel may not exceed the applicable trap limit 
established in this subsection, regardless of the number of license holders fishing from 
that vessel. 
This subsection is repealed January 1, 2010. 
Sec. 13. 12 MRSA §6431-B, as amended by PL 2003, c. 20, Pt. WW, §3, is 
further amended by inserting after the first paragraph a new paragraph to read: 
The commissioner shall establish by rule a lobster trap tag system under which 
nonresident lobster and crab landing permit holders must purchase tags for the purpose of 
identifying and tracking traps. The rules must contain provisions for replacing lost tags. 
The commissioner may impose a per-tag fee to cover the cost of trap tags, the costs of 
administering and enforcing a lobster trap tag system, the costs of management of the 
lobster fishery and the costs associated with lobster management policy councils and 
referenda pursuant to section 6447. Trap tag fees must be deposited in the Lobster 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,:fy, to H.P. 255, L.D. 311 
Management Fund established under section 6431-C. This paragraph is repealed January 
1, 2010. 
Sec. 14. 12 MRSA §6432, sub-§2-A is enacted to read: 
2-A. Markin!!: nonresident lobster and crab landin!! permit. It is unlawful to set, 
raise, lift or transfer any lobster trap or buoy unless it is clearly marked with the owner's 
nonresident lobster and crab landing permit number. This subsection is repealed January 
1, 2010. 
Sec. 15. 12 MRSA §6434, sub-§5 is enacted to read: 
5. Additional penalty: nonresident lobster and crab landing permit. If the holder 
of a nonresident lobster and crab landing permit violates this section by cutting a lobster 
trap line, the court shall: 
A. Order that person to pay to the owner of the trap line that was cut an amount 
equal to twice the replacement value of all traps lost as a result of that cutting; and 
B. 
Direct that person to provide proof of payment of that restitution to the 
commissioner as required by section 6402, subsection 1. 
A penalty imposed under this subsection is in addition to any penalty imposed under 
section 6204. 
This subsection is repealed January 1, 2010. 
Sec. 16. 12 MRSA §6446, sub-§I-B is enacted to read: 
1-B. Declared lobster zone: authorized zones; nonresident lobster and crab 
landing permit. On an application for a nonresident lobster and crab landing permit, a 
person shall declare the lobster management zone in which that person proposes to fish a 
majority of that person's lobster traps and shall list all other zones in which that person 
proposes to fish any of that person's lobster traps. A nonresident lobster and crab landing 
permit must identify the declared lobster zone in which the person is authorized to fish a 
majority of that person's lobster traps and must identify all other zones in which that 
person is authorized to fish that person's traps. A person may not place any lobster traps 
in a zone that is not identified on that person's license. For purposes of this subsection, 
the majority of a person's lobster traps must be determined from the number of trap tags 
issued to that person. This subsection is repealed January 1, 2010.' 
Amend the bill in section 20 in paragraph F by inserting after the following: 
"$93.75." the following: 'This paragraph is repealed January 1, 2010.' 
Amend the bill by inserting after section 20 the following: 
'Sec. 21. Report. The Department of Marine Resources shall report to the joint 
standing committee of the Legislature having jurisdiction over marine resources matters 
on the implementation of the nonresident lobster and crab landing permit, the number of 
permits sold and the effect of the permit on lobster fishing efforts and Maine businesses 
by January 3, 2009. The joint standing committee may submit legislation during the First 
Regular Session of the 124th Legislature related to that report.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT • .,5" to H.P. 255, L.D. 311 
Amend the bill by relettering or renwnbering any nonconsecutive Part letter or 
section nwnber to read consecutively. 
SUM~Y 
This amendment is the minority report and provides that an applicant for a 
nonresident lobster and crab landing permit must docwnent to the Commissioner of 
Marine Resources that that person has not been issued lobster trap tags from another state 
or from the federal government that would allow that person to exceed Maine's trap tag 
limit. It also provides that the holder of the permit may transport lobsters within the 
State. The amendment directs the Department of Marine Resources to report to the joint 
standing committee of the Legislature having jurisdiction over marine resources matters 
on the implementation and impact of the nonresident lobster and crab landing permit on 
the lobster resource and related businesses by January 3, 2009. It also repeals the 
nonresident lobster and crab fishing permit January 1, 2010. 
FlSLAL ~ .. 0Tr. REQURED 
(See ~ttached) 
COMMITTEE AMENDMENT 
Approved: 05/07/07 hac 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
LD 311 
LR6S4(03) 
An Act To Create a Nonresident Lobster and Crab Landing Permit 
Fiscal Note for Bill as Amended by Committee Amendment "h, 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
($19,125) 
2008-09 
($19,125) 
Projections 
2009-10 
($19,125) 
Other Special Revenue Funds 
$19,125 
($4,066) 
$19,125 
($4,066) 
$19,125 
($4,066) 
Correctional and Judicial Impact Statements 
Will reduce the occurrence of an existing Class D crime. 
The reduction in the collection of fines may decrease General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
2010-11 
$0 
$0 
$0 
Beginning in fiscal year 2007-08 and continuing through fiscal year 2009-10, establishing a nonresident lobster and 
crab landing permit will increase General Fund revenue collected by the Department of Marine Resources by an 
estimated $19,125 annually, decrease Other Special Revenue Funds revenue collected by the Department of Marine 
Resources by an estimated $2,503 annually and decrease Other Special Revenue Funds revenue collected by the 
Lobster Promotion Council by $1,563 annually. 
LR0654(03) - Fiscal Note - Page 1 of 1