An Act To Bring Equity to the Sea Urchin License Fees
Maine Legislature, Session 124, LD 0278
Committee Amendment CA_A_S123 (Senate)
Amends: 12 MRSA §6535, 12 MRSA §6536, 12 MRSA §6701, 12 MRSA §6748, 12 MRSA §6748-A, 12 MRSA §6748-D

COMMITTEE AMENDMENT" A" to S.P. 95, L.D. 278, Bill, "An Act To Bring 
Equity to the Sea Urchin License Fees" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRS A §6302-A, sub-§l, as amended by PL 1999, c. 491, §3 and 
affected by §9, is further amended to read: 
1. 
Tribal exemption; commercial harvesting licenses. 
A member of the 
Passamaquoddy Tribe who is a resident of the State is not required to hold a state license 
or permit issued under section 6421, 6501, 6505-A, 6505-C, 6535, 6£.6.; 6601, 6701, 
6702, 6703, 6731, 6745, 6746, 6748, 6748-A, 6748-D, 6751, 6803 or 6804 to conduct 
activities authorized under the state license or permit if that member holds a valid license 
issued by the tribe to conduct the activities authorized under the state license or permit. 
A member of the Passamaquoddy Tribe issued a tribal license pursuant to this subsection 
to conduct activities is subject to all laws and rules applicable to a person who holds a 
state license or permit to conduct those activities and to all the provisions of chapter 625, 
except that the member of the tribe: 
A. May utilize lobster traps tagged with trap tags issued by the tribe in a manner 
consistent with trap tags issued pursuant to section 6431-B. A member of the tribe is 
not required to pay trap tag fees under section 6431-8 if the tribe issues that member 
trap tags; 
B. May utilize elver fishing gear tagged with elver gear tags issued by the tribe in a 
manner consistent with tags issued pursuant to 6505-8. A member of the tribe is not 
required to pay elver fishing gear fees under section 6505-8 if the tribe issues that 
member elver fishing gear tags; and 
C. Is not required to hold a state shellfish license issued under section 660 I to obtain 
a municipal shellfish license pursuant to section 6671. 
Sec. 2. 12 MRS A §6533, as amended by PL 1997, c. 158, §§ I and 2, is further 
amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A " 
to S.P. 95, L.D. 278 
§6533. Training required to act as a scallop or sea urchin tender 
Except as provided under subsection 3, the The commissioner may not issue a sea 
urchin and scallop diving tender license under section 6535 or a scallop diving tender 
license under section 6536 to aRj' E! person or allow a person to act as a tender under a 
license issued pursuant to section 6701, subsection 5" paragraph 8 or section 6748, 
subsection 4, paragraph 8 unless that person has attended a sarety training session offered 
under this section met the diving tender safety requirements established in rule. 
1. Tender safety training session. The commissioner shall establish ~ boat tender 
safety training session to provide basic safety training for persons ""ho seele to obtain a 
sea urchin and scallop diving tender license. The training session may be taught by the 
department or offered by any public or pri'iate sector association or organization 
authorized by the commissioner to offer the training session. At a minimum, the training 
session must familiarize participants with basic cardiovascular pulmonary resuscitation 
techniques and risk factors, including hypothermia, associated '""ith the handharvesting of 
sea urchins and scallops. 
For any training session taught by the department, the 
commissioner shall charge a fee for that session to recover all costs incurred by the 
deoartment in teaching the training session. 
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A lIowanee for waiYers. The commissioner may 'Naive the requirement to atterd 
a trai~i~" session offered under this section for any person ]Nho. demonstrates t~ t 1e 
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commissfoner, either through documented experience or techAical Dr professl~~al 
d't fo 
a le"el of knowledge at least equal to that e)(pected from a perso~ ,:ho 
accre I [PI n, 
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h a nral"er to 
completed the session. It is the responsibility of t e person .see (lAg suc .." ~~;,.t1 
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request that 'Naiver m WFltlAg to. t e commls~lOner an 
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anv documentation the commiSSIOner determmes necessaF\ to make a deCISion. 
3. 
Requirement for 30 day license. 
The commissioner may issue a 30 day 
. temponiry sea urchin and scallop diving tender license under section 6535, subsection 2 
/\ to a person ifthat person provides a current certificate documenting that the person has 
received training in cardicioulmonaF\' resuscitation. 
Sec. 3. 12 MRSA §6535, as amended by PL 2003, c. 20, Pt. WW, §9, is further 
amended to read: 
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§6535. Sea urchin and scallop diving tender license 
. 1. 
License required. 
A person may not operate a boat as a platform for the 
harvesting of sea urchins and scallops by hand, act as a diving tender on a boat engaged 
as a platform for the harvesting of sea urchins and scallops by hand or possess, ship, 
transport or sell scallops or sea urchins unless that person is licensed under this section; 
section 6701 or section 6748. 
2. Licensed activity. A person licensed under this section may tend divers who 
harvest sea urchins and scallops by hand and operate a boat as a platform for the 
harvesting of sea urchins and scallops by hand and may possess, ship, transport and sell 
sea urchins and scallops harvested by licensed harvesters the tender has tended. A sea 
urchin and scallop diving tender license does not authorize the holder to harvest sea 
urchins and scallops. AS.used in this subsection, "tend" means to assist the diver in any 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 95, L.D. 278 
way, to operate a boat as a platform for harvesting or to cull or otherwise handle the 
harvested product. 
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,1 ... Thirty day temporary Iieense. A person may be issued a 30 day temporary 
sea urohin and soallop diving tender lioense. A person may be issued a license only one 
time under this subsection. /\ license issued under this subsection may not be rene'.ved. 
3. Eligibility. A sea urchin and scallop diving tender license and a 30 day temporary 
sea urchin and scallop diving tender license may be issued only to an individual who is a 
resident. 
4. Fee. Fees for licenses issued under this section are: The fee for a sea urchin and 
scallop diving tender license is $1 il. 
II 
A. For a sea urchin and scallop diving tender license, $111; and 
B. For a 30 day temporary sea urohin and soallop diving tender Iioense. $31. 
5. Prima fade evidence .. The fai lure of at least one person on board the boat 
operated as a platform during periods of diving to harvest scallops or sea urchins to have 
a license issued under section 6701 or 6748 is prima facie evidence ora violation of this 
section. 
. 
6. Violation. A person who violates this section commits a civil violation for which 
a forfeiture fine of not less than $100 nor more than $500 may be adjudged. 
Sec. 4. 
MRSA §6536, as amended by PL 2003, c. 20, Pt. WW, § I 0, is 
repealed. 
Sec. 5. 12 MRS A §6.701, sub-§I, as amended by PL 2001, c. 421, Pt. B, §40 and 
affected by Pt. C, § I, is further amended to read: 
1. License required. A person may not engage in the activities authorized under 
this section without a current hand fishing scallop license or other license issued under 
this Part authorizing the activities. The hand fishing scallop license with tender issued 
under subsection 5, paragraph B authorizes a person to engage in the activities described 
in section 6535, subsection 2 aboard the licensee's boat when it is engaged in the 
harvesting of scallops. 
Sec. 6. 12 MRSA §6701, sub-§2, as amended by PL 2003, c. 248, §7, is further 
amended to read: 
2. Licensed activity. The holder of a hand fishing scallop I icense may take scallops 
by hand or possess, ship, transpOIi or sell shucked scallops the holder has taken. A tender 
authorized under subsecdon 5, paragraph B may possess, ship, transport and sell shucked· 
scallops the hand fishing scallop license holder has taken. A person may not act as a 
tender under subsection 5, paragraph B unless that person has met the tender safety 
requirements adopted by rule pursuant to section 6533. 
Sec. 7. 12 MRS A §6701, sub-§5, as amended by PL 2003, c. 20, Pt. WW, § 13, is 
repealed and the following enacted in its place: 
5. Fee. Fees for hand fishing scallop licenses are: 
A. For an individual hand fishing scallop license, $11 I; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·'A ,. to S.P. 95, L.D. 278 
B. For a hand fishing scallop license with tender, $161. 
Sec. 8. 12 MRSA §6748, as amended by PL 2003, c. 20, Pt. WW, § 19, is further 
amended to read: 
§6748. Handfishing sea urchin license 
1. License required. A person may not engage in the activities authorized under 
this section without a current handfishing sea urchin license or other license issued under 
this Part authorizing the activities. The handfishing sea urchin license with tender issued 
under subsection 4, paragraph B authorizes a person to engage in the activities described· 
in section 6535, subsection 2 aboard the licensee's boat when it is engaged in the 
harvesting of sea urchins. 
2. Licensed activity: 'The holder of a handfishing sea urchin license may take sea 
urchins by hand or possess, ship, transport or sell sea urchins taken by that licensee. A 
tender authorized under subsection 4, paragraph B may possess, ship, transport and sell 
sea urchins the haridfishing sea urchin license holder has taken. A person may not act as a 
tender under subsection 4,. paragraph B unless that person has met the tender safety 
requirements adopted by rule pursuant to section 6533. 
.. Eligibility. A handfishing sea urchin license may be issued only to an individual 
who is a resident. 
4. Fee. The fee for a handfishing sea urchin license is $111. Fees for hand fishing sea 
urchin licenses are: 
A. For an individual handfishing sea urchin license, $111; and 
B. For a handfishing sea urchin license with tender, $161. 
4-A. 
Temporary Zone 1 fee. 
Notwithstanding subsection 4, the fees for a 
handfishing sea urchin license and a handfishing sea urchin license with tender issued for 
calendar year 2010 or 2011 to handfish for sea urchins within the area designated as Zone 
under section 6749-N are $25 and $50 per year, respectively. 
This subsection is repealed December 31, 2011. 
5. Rebuttable presumption. It is unlawful for an individual to dive from a vessel 
with sea urchins on board unless that individual i's licensed under this section. It is a 
rebuttable presumption that an individual diving from a vessel with sea urchins on board 
at any time of the year is diving for the purpose offishing for or taking sea urchins. 
6. Violation. A person who violates this section commits a civil violation for which 
a forfeiture fine of not less than $100 nor more than $500 may be adjudged. 
Sec. 9. 12 MRSA §6748-A, sub-§4-A is enacted to read: 
4-A. Temporary Zone 1 fee. Notwithstanding subsection 4, the fee for a sea urchin 
dragging license issued for calendar year 2010 or 2011 to drag for sea urchins within the 
area designated as Zone 1 under section 6749-N is $25 per year. 
This subsection is repealed December 31, 2011. 
Sec. 10. 12 MRSA §6748-D, sub-§4-A is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A .. to S.P. 95, L.D. 278 
4-A. Temporary Zone 1 fee. Notwithstanding subsection 4, the fee for a sea urchin 
hand-raking and trapping license issued for calendar year 20 I 0 or 2011 to hand-rake or 
trap sea urchins within the area designated as Zone 1 under section 6749-N is $25 per 
year. 
This subsection is repealed December 31, 2011.' 
SUMMARY 
This amendment replaces the bill. 
I. It creates a temporary license fee structure for sea urchin harvesting in the area of 
the coast designated as Zone I by the Department of Marine Resources by reducing the 
fees for that zone from $111 annually to $25 annually for a handfishing sea urchin license 
and from $161 annually to $50 annually for the newly created handfishing sea urchin 
license with tender and repeals the reduced fee structure on December 31, 20 II. 
2. 
It authorizes the Commissioner of Marine Resources to establish safety training 
requirements by rule for someone engag'ed in sea urchin or scallop diving tender 
activities. 
3. 
It creates a new category of hand fishing scallop license and handfishing sea 
urchin license that includes the tender activities so that a person who has completed the 
tender safety requirements will not need to possess a separate hand fishing scallop or sea 
urchin tender license to work with a harvester. 
4. It repeals the language that allows a 30-day temporary sea urchin and scallop 
diving tender license and the language that makes it prima facie evidence of a violation of 
being a tender without the appropriate license when no one on board the boat being 
operated as a platform for scallop or sea urchin handfishing has the proper license for that 
activity. 
FISCAL .\OTE kE(JLl1{£D 
(Se~ ,~tt~c~ed) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Approved: 04/30109 Mac. 
LD278 
LR 645(02) 
An Act To Bring Equity to the Sea Urchin License Fees 
Fiscal Note for Bill as Amended by CommitteeAmendment "4,, 
Committee.: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$3,665 
2010-11 
$7,329 
Projections 
2011-12 
$7,329 
Projections 
2012-13 
$802 
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Revenue 
General Fund 
($3,665) 
($7,329) 
($7,329) 
($80:L
J .) 
Fiscal Detail and Notes 
This legislation temporarily (effective through December 31,2011) reduces the Zone 1 sea urchin license fee and will 
result in a reduction in General Fund revenue of $3 ,264 in fiscal year 2009-10 and $6,527 in fiscal years 2010-11 and 
2011-12. The legislation also creates a new category of hand fishing scallop and hand fishing sea urchin license with 
tender activities which will result in a reduction of General Fund revenues of $40 1 in fiscal year 2009-10 and $802 
beginning in fiscal year 2010-11. 
LR0645(02) - Fiscal Note - Page 1 of 1 
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