Maine Legislature, Session 124, LD 1331
Committee: Marine Resources
Sponsors: PERCY
Amends: 5 MRSA §12004, 5 MRSA §12004-I, 12 MRSA §6024, 12 MRSA §6032, 12 MRSA §6033, 12 MRSA §6034, 12 MRSA §6137, 12 MRSA §6139, 12 MRSA §6140-A, 12 MRSA §6501, 12 MRSA §6506

MAINE STATE LEGISLATURE 
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E·LEGISLATURE 
FiRST REGULAR SESSIor~-2009 
Legislative Document 
No. 1331 
H.P.935 
House of Representatives, March 31,2009 
A~ Act Regarding Saltwater Recreational Fishing 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative PERCY of Phippsburg. 
Printed on rccycJeo:J p.lper 
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111· 7llt1C~{ . 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 5 MRSA §12004·J, sub-§57-D, as enacted by PL 1999, c. 85, § 1, IS 
repealed. 
Sec. 2. 5 MRSA §12004-I, sub-§57-H is enacted to read: 
,57-H. 
Marine Resources Marine Recreational Expenses Only 
Fisheries and 
Habitat Advisory 
Council 
MRS A §6139-A 
Sec. 3. 12 MRSA §6024, sub-§l-A, as amended by PL 2007, c; 695, Pt. K, § 1, is 
further amended to read: 
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1-A. Appointment; composition; term; compensation. The Marine Resources 
Advisory Council, established by Title 5, section 12004-G, subsection 27, consists of M 
12. members. The chair of the Lobster Advisory Council, the chair of the Marine 
Recreational Fishing Fisheries and Habitat Advisory Council, the chair of the .sea Run 
FIsheries and Habitat Advisory Council, the chair of the Sea Urchin Zone Council and the 
chair of the Shellfish Advisory Council are ex officio members of the council. Each other 
member is appointed by the Governor and is subject to review by the joint standing 
committee of the Legislature having jurisdiction over marine resources matters and to 
confirmation by the Legislature. Five members must be persons who are licensed under 
this PaJi to engage in commercial harvesting activities. Those 5 members are. selected by 
. the Governor from names recommended to the Governor by groups representing 
commercial harvesting interests: Each member must represent a different commercial 
harvesting activity, except that none of those 5 members may represent lobster harvesters. 
The remaining 6 members must include one public member, 4 persons who hold a 
nonharvesting-related license under this PaJi and one person representing the aquaculture 
industry. The Governor shall select the person to represent the aquaculture industry from 
among the names recommended by the aquaculture industry. The composition of the 
council must reflect a geographical distribution along the coast. All appointed members 
are appointed for a term of 3 years, except a vacancy must be filled in the same manner as 
an original member for the unexpired portion of the term. An appointed member may not 
serve for more than2consecutive terms. Appointed members serve until their successors 
are appointed. The chair of the Lobster Advisory Council, the chair of the Marine 
Recreational Fishing Fisheries and Habitat Advisory Council, the chair of the Sea Run 
Fisheries and Habitat Advisory Council, the chair of the Sea Urchin Zone Council and the 
chair of the Shellfish Advisory Council shall serve until a new chair of the Lobster 
Advisory Council, a new chair of the Marine Recreational Fishing Fisheries and Habitat 
Advisory Council, a nev>, chair of the Sea Run Fisheries and Habitat Advisory Council, a 
new chair of the Sea Urchin Zone Councilor a new chair of the Shellfish' Advisory 
Council, respectively, is chosen. Members are compensated as provided' in Title 5, 
chapter 379. 
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Sec. 4. 12 MRSA §6032, as enacted by PL 1999, c: 85, §3, is repealed and the 
following enacted in its place: 
§6032. Marine Recreation Fishing Conservation and ManagementFund 
1. 
Fund established. 
The Marine Recreation 
Fishi~g Conservation and 
Management Fund, referred to in this seCtion as "the fund," is established within the 
department. In addition to fees derived from the. saltwater recreational fishing license 
pursuant to section 6506, subsection 6, the commissioner may receive on behalf of the 
fund funds from any source. All money received into the fund must be used for the 
purposes of the fund. Unexpended balances in the fund at the end of the fiscal year do not 
lapse but must be carried forward to the next fiscal year t~ be used for the purposes of the 
fund. Any interest earned on the money in the fund must be· credited to the fund. By 
February 1 st of each year, the commissioner shall report to the joint standing committee 
of the Legislature having jurisdiction over marine resources matters on the amount of 
money collected in the fund and all expenditures made from the fund in the previous 
fiscal year. 
2. Uses of fund. The commissioner, with the advice of the Marine Recreational 
Fisheries and Habitat Advisory Council created pursuant to section 6139-A, may 
authorize the expenditure of money from the fund for: 
A. Resource and habitat enhancement; 
B. Fisheries management research; 
C. Acquisition of land or an interest 'in land that provides for the enhancement of 
fishery habitat or public access to coastal fishing waters; 
D. Enforcement of marine resolirces laws; 
. E. Education, promotion and outreach; and 
F. Administration and operating expenses. 
Funds allocated for expenditure under paragraph C. must. be deposited in the Public 
ACC'essto Maine Waters Fund established in Title 5, section 6203-A for the purpose of 
acquisition of properties, or interests in properties, providing public access to coastal 
waters. 
Sec. 5. 12 MRSA §6033, as enacted by PL 1999, c. 85, §4, is repealed. 
Sec .. 6. 12 MRSA §6034, sub-§I, as amended by PL 2005, c. 505, § 1, is further 
amended to read: 
1. Appointment; composition. The Commercial Fishing Safety Council, referred to 
in this section as "the council" and established by Title 5,section 12004-1, subsection 
57-E, consists of 17 members, 15 of whom are appointed by the commissioner as follows: 
. A. 
One member who is a license holder under this Part and a member of the 
. Lobster' Advisory Council, recommended by the ch~ir of the Lobster Advisory 
Council; 
B. 
One member who is a license holder under this Part and a member of the Marine 
Resources Advisory Council, recommended by the chair or'the Marine Resources 
Advisory Council; 
C. 
One member who is a license holder under this Part and a member of the Sea 
Urchin Zone Council, recommended by the chair of the Sea Urchin Zone Council; 
D. . 
Five members who are license holders under this Part and whq represent 
commercial marine harvesti'.1g activities; 
E. 
An educator experienced in community-based adult education and vo.lunteer 
safety training; 
F. 
An expert in fishing industry risk analysis and occupational health; 
G. . An expert in marine safety equipment; 
H. 
A representative of the marine insurance industry; 
I. A marine surveyor; 
J. 
A spouse or domestic partner of a! Eicetmse ho·lder ooder this: Part; and' 
K. 
A merriber aftne public. 
The chair of the Marine Resources AdVIsory CO'O!rl'dU 
aJm~di the ~rlj1air of the Marine 
Recreational Fishing Fisheries and Habitat Advisory Coundr are eX officio members of 
the council. The composition of the council must reflect a geographic distribution along 
the coast of the State. The council may invite to carry mit the duties of the council other 
participants on an ad hoc basis, including representatives of private or governmental 
organizations or individuals with expertise or interest in. marine, education, labor or 
health matters. 
Sec. 7. 12 MRSA §6137, sub-§3, as enacted byPL 2007, c. 240, Pt. QQ, §4, is 
amended to read: 
3. Rules. The commission may adopt rules necessary to manage the Atlantic salmon 
fishery and to promote the conservation and propagation of the Atlantic salmon. Rules 
adopted by the commission must be enforced by the department, the Department of 
Inland. Fisheries and Wildlife and other public officials authorized by law to enforce 
marine resource laws or inland fisheries and wildlife laws. The department and the 
Departmel1t of Inland Fisheries and Wildlife retain exclusive jurisdiction over rules 
pertaining to species other than Atlantic salmon that are designed to . promote the. 
conservation and propagation of Atlantic salmon. The departments shall consult with the 
commission and the Sea Run Marine Recreational Fisheries and Habitat Adv·isory 
Council, established in section 6-89 6139-A, in adopting such rules. 
Sec. 8. 12 MRSA §6139, as enacted by PL 2007, c. 240, Pt. QQ, §6, is repealed. 
. Sec. 9. 12 MRS A §6139-A is enacted to read: . 
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§6I39-A. Marine Recreational Fisheries and Habitat Advisory Council 
1. Appointment; composition; term; compensation. The Marine Recreational 
Fisheries and Habitat Advisory Council, referred to in this section as "the. council,I' as 
established by Title 5, section I2004~I, subsection 57-H, and consists of II members 
appointed by the commissi~nen; ~1J1 Qouncil members must have a demonstrated interest 
in the restora~i2n!and'r.ecQY.eIJl.Y9fl)~ruJ~ne species or in marine recreational fishing issues. 
The c-<;)Il1_llliSS:iQ,!~n-?~aHI_aRl;~oj!1~.lliii:.'_rmtembers as follows: 
A,., 
H'-@Ull' m~~eJ1s; w.1~0; r.epresent the State's recreation ali mar.ihe. fisheries. These 
me:Iilil:IDelis:must.lD.e: aJ:\igters who target varied species along the coast; 
B., 
TW(t} members who represent the interests of inland areas witla· populations of 
anadromous species and who have significant understanding' of issues related to 
Atlantic salmon;. 
e. One memt;,er who represents tribal interests; 
D. Two memt;,ers who represent the interests of the for-hire saLtwater recreational 
fishing fleet; 
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E. One member who represents the tackle: snfl,jiJi iindlusti!iy;· antili, 
F. One member who represents the tourism in'dustry. 
Members must· be appointed to 3-year terms and may serve 2· consecutive terms. 
. Members are compensated as; provided in Title 5, chapter 379. 
2. Powers and duties; meetings; officers. The council shall give the commissioner 
information and advice concerning the development of plans and prognims for the 
protection, preservation, enhancement, restoration and management of all sea run and 
saltwater species in all waters of the State where these species were historically present, 
including Atlantic salmon. The council shall make recommendations to the commissioner 
concerning expenditures from the Marine Recreation Fishing Conservation and 
Management Fund described in section 6032. The council shall hold meetings with the 
commissioner, or the commissioner's designee. The council shall elect one of its members 
as chair, one as vice-chair and one as secretary, all for a term of one year, at the first 
regular meeting in each year. The officers have the following duties. 
A. The chair shall call and preside at all meetings of the council. 
B. The vice~chair shall call and preside at all meetings of the council in the chair's 
absence. 
C. The secretary shall cause records to be taken and preserved of all meetings of the 
council. 
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3. Quorum. A quorum is a majority of the members of the council. 
4. Council actions. An affirmative vote of a majority of the members present at a 
meeting or polled is required for any action. An action may not be considered unless a ' 
quorum is present or, if there is no meeting, by written poll of a quorum .of members 
responding. 
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Sec. 10. 12 MRSA §6140-A, sub-§4, as enacted by PL 2007, c. 240, ~t. QQ, §8, 
is amended to read: 
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4.' Open season. The commission, after consultation with and advice from the Sea 
Rtm Marine Recreational Fisheries and Habitat Adyisory Council, may establish by rule 
an open season during which a person may fish for Atlantic salmon. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. U. 12 MRSA §6501, sub-§3, as amended by PL 2001, c. 421, Pt. B, §25 
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and affected by Pt. C,§ 1, is repealed. 
Sec. 12. 12 MRSA §6506 is enacted to read: 
§6506.· Saltwater recreational fishing license 
1. License required. 
Except as otherwise provided pursuant to this Part, it is 
unlawful for an individual to engage in saltwater recreational fishing without holding at 
least one of the following: 
'A.· An annual resident saltwater recreational fishing license; 
B. An annual nonresident saltwater recreational fishingIicense; or 
C. A 2-week nonresident saltwater recreational fishing license. 
A saltwater recreational fishing license does not authorize the license holder to sell fish 
taken with the license. 
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2. Agents for purpose of selling licenses. The commissioner shall adopt rules that 
establish the criteria for selecting agents to issue saltwater recreational fishing licenses. 
Agents ap'pointed by the commissi(mer to issue licenses shall charge a fee of $i for each 
license issued. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5" chapter 375, subchapter 2-A. 
3. Licensed activities. The holder of a saltwater' recreational fishing license may 
fish for, take, transport and possess finfish and freshwater fish as defined in section 6001 
in coastal waters. 
4. Exemptions. A license is not required to engage in saltwater recreational fishing 
in coastal waters for an individual under 16 years of age or a resident 70 years of age or 
older. A license is not required for a passenger or crew member on board a vessel 
. captained by an individual who possesses a current guide license for tidewater fishing 
issued by the Department of Inland Fisheries and Wildlife in accordance with section 
12853 or on board a vessel carrying 7 or more for-hire passengers engaged in recreational 
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saltwater fishing. A license is not required for an individual renting a smelt fishing camp 
from a commercial operator. A license is hot required for an individual who possesses a 
current tidewater fishing guide license issued in accordance with section 12853. 
5. Eligibility. A saltwater recreational fishing license may be issued only to an 
individual 
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6. Fees. The fees for saltwater recreational fishinglicenses are: 
'A. Fifteen dollars for an annual resident saltwater recreational fishing license; 
, E., Thirty dollars for an annual nonresident saltwater recreational fishing license; 
C. Fifteen dollars for an annual nonresident saltwater recreational fishing license for 
applicants 70 years of age or older; and 
D. Fifteen dollars for a 2-week nonresident saltwater recreational fishing license. 
7. Disposition of fees. All fees for saltwater recreational fishing licenses collected 
pursuant to subsection 6 must be deposited in the Marine Recreation Fishing 
Conservation and Management Fund established in section 6032. 
8. Violation. Violation of this section is a civil violation for which a fine of not less 
than $100 may be adjudged. 
Sec. 13. Staggered terms. Notwithstandi~g the Maine Revised Statutes, Title 12, 
section 6139-A, subsection 1, in making initial appointments to the Marine Recreational 
Fisheries and Habitat Advisory Council, the Commissioner of Marine Resources shall 
appoint 3 members for a one-year term, 4 members for a 2-year term and 4 members for a 
3-year term. 
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SUMMARY 
This bill establishes a saltwater recreational fishing license, dedicates the fees fropl 
licensing to the Marine Recreation Fishing Conservation and Managem'ent Fund and 
gives the Commissioner of Marine Resources authority to make expenditures from the 
fund for purposes such as fisheries management research and education and outreach. 
The bill als9 removes the exemptions from the commercial license requirements for 
certain methods of fishing for personal use. 
The bill also establishes the Marine Recreational Fisheries and Habitat Advisory 
Council. It repeals the Marine Recreational Fishing Advisory Council and the Sea Run 
Fisheries and Habitat Advisory Council. The bill also corrects cross-references due to the 
repealing of the 2 councils.