An Act To Create a Commercial Pelagic and Allladromous Fishing Licelllse allld Establish the Pelagic and Allladromm.lls Fisheries Fund
Maine Legislature, Session 124, LD 1724
Committee: Marine Resources
Sponsors: DAMON, PERCY
Amends: 12 MRSA §6502-A

MAINE STATE LEGISLATURE 
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124th MAINE LE·GISLATURE 
Legislative Documelllt 
No. 1724 
. S.P. 657 
In Senate, JanuilfY 6, 2010 
An Act To Create a Commercial Pelagic and Allladromous Fishing 
Licelllse allld Establish the Pelagic and Allladromm.lls Fisheries Fund 
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 Senator DAMON of Hancock. 
Cosponsored by Representative PERCY of Phippsburg. 
PrintcLl on recycled pap.cr 
JOY 1. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRS A §6041 is eilacted to read: 
§6041. Pelagic and Anadromous Fisheries Fund 
The Pelagic and Anadromous Fisheries Fund, referred to in this section as lithe fund," 
is established within the department. Balances in the fund may not lapse and must be 
carried forward to the next fiscal year. 
1. Uses of fund. The commissioner shall use the fund for research directly related to 
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pelagiC or anadromous fishery management and the processing of landings data. The 
commissioner may authorize the expenditure of money in the fund for research and 
development programs that address the restoration, development or conservation of 
pelagic or anadromous fish resources. 
2. Sources ·of revenue. The fund is capitalized by surcharges assessed under section 
6502-A, subsection 7. In addition to those revenues, the commissioner may accept and 
deposit in the fund money from any other source, publiC or private. 
Sec. 2. 12 MRSA §6502-A is enacted to read: 
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§6502-A. Commercial pelagic and anadromous fishing license 
1. Definition. As used in this section, "pelagiC or anadromous fish" means Atlantic 
herring, Atlantic menhaden, whiting, spiny dogfish, alewife, Atlantic mackerel, blueback 
herring, squid, butterfish, scup, black sea bass, smelt and shad. 
2. License required. A person may not engage in the activities authorized under 
this section without a current: 
A. Commercial pelagic and anadromous fishing license for a resident operator; 
B. Commercial pelagic and anadromous fishing license for a resident operator and 
all crew members;. or 
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C .. Commercial pelagiC and anadromous fishing license for a nonresident operator 
and all crew members. 
3. Licensed activity. The holder of a commercial pelagic and anadromous fishing 
license may fish for or take or possess, ship, transport or sell pelagic or anadromous fish 
that the holder has taken, The license authorizes crew members aboard the licensee's boat 
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when itis engaged in fishing for pelagiC or anadromous fish to undertake these activities 
if the license provides for crew members. 
4. Exemption. The licensing requirement under subsection 1 does not apply to a 
person who fishes for, takes, possesses or transports any pelagic or anadromous fish that 
have been taken by speargun, harpoon, minnow trap or hook and line and are only for 
personal use. 
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5. Eligibility.· A commercial pelagic and anadromous fishing license may be issued 
only to an individual. 
6. Fees. Fees for commercial pelagic and anadromous fishing licenses are: 
A. Forty-one dollars for a resident operator; 
B. One hundred eleven dollars for a resident operator and all crew members; and 
C. Seven hundred and fifty dollars for a nonresident operator and all crew members. 
7. Surcharges. The following surcharges are assessed on holders of commercial 
pelagic and anadromous fishing licenses issued by the department: 
A. For a commercial pelagic and anadromous fishing license for a resident operator, 
$150;· 
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B. For a commercial pelagic and anadl:omous fishing license for a resident operator 
with crew, $100; ·and 
C. 
For a commercial pelagic and anadromous fishing license for a nonresident 
operator with crew, $100. 
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The commissioner shall deposit surcharges. collected pursuant to this subsection in the 
Pelagic and Anadromous Fisheries Fund established under section 6041. 
8. Violation. A person who violates this section commits a civil violation for which 
a fine of not less than $100 nor more than $500 may be adjudged. 
SUMMARY 
This bill creates a new license for commercial pelagic and anadromous fishing and a 
new dedicated fund to provide the revenue needed to conduct research related to pelagic 
and anadromous fisheries management and to gather fisheries. landings information 
relative to the harvest of pelagic fish and anadromous fish. 
This bill also allows the licensing fund to be used for research and development 
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programs that address restoration, development ahdconservation of pelagic and 
anadromous fish resources.