An Act To Protect Fishing Families by Authorizing Certain Transfers of Lobster and Crab Fishing Licenses
Maine Legislature, Session 124, LD 0585
Committee: Marine Resources
Sponsors: FLAHERTY, BLISS, BERRY, CONNOR, MAZUREK, MORRISON, O'BRIEN, PENDLETON, BARTLETT
Amends: 12 MRSA §6421, 12 MRSA §6424, 12 MRSA §6431-F

Legislative Document 
No. 585 
H.P.423 
House of Representatives, February 17, 2009 
An Act To Protect Fishing Families by Authorizing Certain 
Transfers of Lobster and Crab Fishing Licenses 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative FLAHERTY of Scarborough. 
Cosponsored by Senator BLISS of Cumberland and 
rl/A-f1v~ 1n.17ltfC~~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Bowdoinham, CONNOR of Kennebunk, MAZUREK of 
Rockland, MORRISON of South POliland, O'BRIEN of Lincolnville, PENDLETON of 
Scarborough, Senator: BARTLETT of Cumberland. 
Printed LIJl rCL:ydt:J Pi.lpCI 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRS A §6421, sub-§5, Il[C, as corrected by RR 2001, c. 2, Pt. A, § 14, 
is amended to read: 
C. Meets the requirements of the apprentice program under section 6422 or section 
6475;er 
Sec. 2. 12 MRSA §6421, sub-§5,~, as corrected by RR 2001, c. 2, Pt. A, §15, 
is amended to read: 
D. Did not possess a Class I, Class II or Class III lobster and crab fishing license in 
the previous calendar year because the commissioner had suspended the person's 
license privileges for a length of time that included the previous calendar year~~ 
Sec. 3. 12 MRSA §6421, sub-§5, Il[I is enacted to read: 
1. Is eligible to receive a license by transfer under section 6424. 
Sec. 4. 12 MRSA §6424 is enacted to read: 
§6424. Transfer of commercial lobster and crab fishing license 
A person who holds a valid Class 1, Class II or Class III lobster and crab fishing 
license may transfer the license to that person's child, grandchild or spouse as long as that 
child, grandchild or spouse has completed the apprentice program under section 6422 or 
section 6475 and the license holder and the transferee notify the department in writing of 
the transfer. By January 30, 2012, the department shall review the transfer of licenses 
and shall issue a written report that includes its findings and recommendations for the 
transfer of licenses under this section. That report must be forwarded to the commissioner 
and to the joint standing committee of the Legislature having jurisdiction over marine 
resources matters and recommend whether or not to continue allowing transfers under 
this section. 
Sec. 5. 12 MRSA §6431-F, sub-§2, Il[A, as amended by PL 2005, c. 239, §2, is 
further amended to read: 
A. 
If the license holder was issued a Class I, Class II or Class III lobster and crab 
fishing license for the first time after meeting the requirements of the apprentice 
program under section 6422 or after receiving a license by transfer under section 
6424, the license holder may not purchase more than 300 trap tags for the initial 
license year. For each following year, the license holder may purchase up to an 
increase of 100 trap tags each year as long as the total number purchased does not 
exceed the number of traps allowed under the lowest trap limit established by rule for 
the zones identified on that person's license pursuant to section 6446, subsection I -A; 
and 
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SUMMARY 
This bill authorizes the transfer of a Class I, Class II or Class III lobster and crab 
fishing license by the license holder to that person's child, grandchild or spouse under 
celiain circumstances. The relative who is receiving the license by transfer must have 
completed a Department of Marine Resources' apprentice program for entry into the 
lobster fishery, and the license holder and the transferee must notify the depmiment in 
writing of the transfer. It also adds a provision to limit a recipient of a license by transfer 
to 300 traps in the initial year and an increase of 100 traps each subsequent year up to the 
trap limit, and it requires the Department of Marine Resources to review the transfer of 
licen',cs in 3 years, and annually thereafter, and to make recommendations on whether or 
not to continue allowing transfers.