An Act To Provide Flexibility within the Monhegan Island Lobster Conservation Area To Ensure the Viability of the Island Community (AFfER DEADLINE)
Maine Legislature, Session 123, LD 1870
Committee: Marine Resources
Sponsors: PERCY, DAMON, McKANE, DOW
Amends: 12 MRSA §6472

Legislative Document 
No. 1870 
H.P.1302 
House of Representatives, April 24, 2007 
An Act To Provide Flexibility within the Monhegan Island Lobster 
Conservation Area To Ensure the Viability of the Island 
Community 
(AFfER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative PERCY of Phippsburg. 
Cosponsored by Senator DAMON of Hancock and 
/J'l~ /J7·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Representative: McKANE of Newcastle, Senator: DOW of Lincoln. 
Printed on =yded paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this measure proposes to change the open season for lobstering in the 
Monhegan Lobster Conservation Area; and 
Whereas, unless this legislation is enacted as an emergency measure, the new 
season will begin before the expiration of the 90-day period; 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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6472, as enacted by PL 1997, c. 574, §4, is amended to read: 
§6472. Closed and open seasons; trap limit 
1. Closed season. It is unlawful for a person to fish for or take lobsters in the 
Monhegan Lobster Conservation Area from June 26th to November 30th August 31 st, 
both days inclusive, and on any day not included in the open season established by the 
commissioner under subsection 2. 
2. Open season. The commissioner shall annually by November 1 st establish by 
rule an open season of 180 not to exceed 270 consecutive days between December 
September 1st and the following June 25th during which a person may fish for or take 
lobsters in the Monhegan Lobster Conservation Area. 
A. 
Before establishing or amending the open season under this section, the 
commissioner shall determine the open season preferred by 2/3 of the individuals 
registered to obtain Monhegan Lobster Conservation Area trap tags under section 
6474. 
B. 
In adopting rules under this subsection, the commissioner is not required to hold 
a public hearing on the rules pursuant to Title 5, section 8052. 
C. 
A person may not petition the commissioner pursuant to Title 5, section 8055 for 
the adoption or modification of a rule establishing the open lobster season in the 
Monhegan Lobster Conservation Area. 
D. 
Notwithstanding any prOVIsions to the contrary, the commissioner may adopt 
rules under this subsection without the advice and consent of the Marine Resources 
Advisory Council. Rules adopted pursuant to this subsection are routine technical 
rules pursuant to Title 5, chapter 375, subchapter II-A 2-A. 
3. Trap limit. The commissioner shall establish by rule a trap limit for the open 
season established pursuant to subsection 2. The trap limit may not exceed 475 traps per 
individual registered to obtain Monhegan Lobster Conservation Area trap tags under 
section 6474. 
A. 
Before establishing or amending the trap limit under this subsection, the 
commissioner shall determine the trap limit preferred by 2/3 of the individuals 
registered to obtain Monhegan Lobster Conservation Area trap tags under section 
6474. 
B. In adopting rules under this subsection, the commissioner is not required to hold a 
public hearing on the rules pursuant to Title 5, section 8052. 
C. A person may not petition the commissioner pursuant to Title 5, section 8055 for 
the adoption or modification of a rule establishing the trap limit in the Monhegan 
Lobster Conservation Area. 
D. Notwithstanding any provisions to the contrary, the commissioner may adopt 
rules under this subsection without the advice and consent of the Marine Resources 
Advisory Council. Rules adopted pursuant to this subsectiori are routine technical 
rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill makes several changes to the laws governing lobstering in the Monhegan 
Lobster Conservation Area. Specifically, the bill accomplishes the following. 
1. It changes the parameters of the open season that the Commissioner of Marin~ 
Resources establishes by rule from a period of 180 days between December 1 st and June 
25th to a period of not more than 270 days between September 1 st and June 25th. 
2. It charges the commissioner with establishing by rule a trap limit for the area not to 
exceed 475 traps per individual. The same procedural guidelines in place for establishing 
the open and closed seasons will also apply to setting the trap limit: 
A. Two thirds of the individuals registered to obtain area trap tags must agree with 
the limit; 
B. A public hearing is not required; 
C. No one may petition for adoption or modification of a rule establishing the trap 
limit; and 
D. The commissioner need not have the advice and consent of the Marine Resources 
Advisory Council to adopt the limit.