An Act Regarding Violations of Lobster Conservation Laws
Maine Legislature, Session 124, LD 0246
Committee: Marine Resources
Sponsors: RECTOR, PRESCOTT, DAMON, EATON, PERCY, PINGREE, TILTON
Amends: 12 MRSA §63, 12 MRSA §6402, 12 MRSA §6402-B, 12 MRSA §6431, 12 MRSA §6431-E, 12 MRSA §6431-G, 12 MRSA §6438-A, 12 MRSA §6447, 12 MRSA §6952-A, 12 MRSA §6953

MAINE STATE LEGISLATURE 
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124th MAl 
LEGISLATURE 
FIRST REGULAR SESSIOf'i-2009 
Legislative Document 
No. 246 
S.P.87 
January 27, 2009 
An Act Regarding Violations of Lobster Conservation Laws 
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 RECTOR of Knox. 
Cosponsored by Representative PRESCOTT of Topsham and 
9r8(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: DAMON of Hancock, Representatives: EATON of Sullivan, PERCY of Phippsburg, 
Speaker PINGREE of North Haven, TILTON of Harrington. 
Printed on recycled pnpcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRS A §63S1, slIlb-§l, as enacted by PL 2001, c. 421, Pt. B, §15 and 
affected by Pt. C, § I, is amended to read: 
1. Grounds for suspension. Any of the following is grounds for suspension of a 
license, the right to obtain a license or.!! celtificate issued under this Palt: 
A. 
A conviction for a violation of a marine resources law; 
B. 
A conviction for a violation of Title 17-A, chapter 31; 
B-1. A conviction for a violation of Title 17-A, chapter IS; 
C. 
A conviction for a criminal offense against a marine patrol officer while that 
officer is engaged in the performance of official duty; ef 
D. 
A civil adjudication of having violated a marine resources law7~ 
E. A suspension authorized under section 6409 or 6410. 
Sec. 2. 12 MRSA §63S1, sub-§3 is enacted to read: 
3. Denial of license. An applicant for any license or celtificate as set out in this 
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chapter may be denied a license or certificate in the same manner as provided for in this 
section. 
Sec. 3. 12 MRSA §6402, first ~, as amended by PL 2007, c. 20 I, § I, is further 
amended to read: 
The commISSIOner shall suspend the lobster and crab fishing license of a license 
holder or the nonresident lobster and crab landing pelmit of a permit holder convicted in 
court of violating section 6434. This suspension is for 3 years from the date of conviction. 
For a 3rd or subsequent conviction, the commissioner may permanently revoke the 
license holder's license. 
Sec. 4. 
MRSA §6402-B, as amended by PL 2007, c. 201, §2, is further 
amended to read: 
§6402-B. Suspension based on 2 or more convictions of possessing illegal lobsters 
Notwithstanding section 6401, subsection 2, the commISSIOner shall suspend the 
lobster and crab fishing license of any license holder or the nonresident lobster and crab 
landing permit of a permit holder convicted of a 2nd or subsequent offense of possessing 
a lobster smaller than the minimum size established in section 6431, subsection 1 in 
violation of section 6431, 6436, 6438-A or 6952-A if the conviction of the 2nd or 
subsequent offense involved possession of 3- 2. or more illegal lobsters smaller than that 
minimum size. If the 2nd offense occurs on the same day as the first offense, the 
commissioner may waive the mandatOlY suspension. 
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1. Second offense. For a 2nd conviction the commissioner shall suspend the license 
for at least one year from the date of conviction and may suspend the license for up to 3 
years. 
2. 
Third or subsequent offense. 
For a 3rd or subsequent conviction, the 
commissioner shall suspend the license for 3 years from the date of conviction and may 
permanently revoke the license holder's license. 
l~nses after.July 1, 1994. Subseetions 1 and 2 apply only if that person's first 
eon i whon fo~ possessmg a lobster smaller than the minimum size established in seetion 
6431. subseetlOn 1 was for an offense that oeeurred after .Tul", J _ 1994_ 
Sec. 5. 12 MRS A §6406, sub-§2, as repealed and replaced by PL 1989, c. 455, 
§ 1, is amended to read: 
2. Penalty. Violation of this section shall be i.§. a Class 0 crime, except that the court 
shall impose a fine of not less than $+00 $500 nor more than $+;-GOO $2,000. 
Sec. 6. 12 MRSA §6431, sub-§7, as amended by PL 1999, c. 82, §1, is fUliher 
amended to read: 
7. Penalty. Possession of lobsters in violation of this section is a Class 0 crime, 
except that the court shall impose a fine of ~ 
$500 for each violation and, in addition, a 
fine of $2-§- $100 for each lobster involved, up to and including the first 5, and a fine of 
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$200 for each lobster in excess of 5, or, if the number of lobsters cannot be 
detellnined, a fine of not more than $2,GOO $5,000. A court may not suspend a fine 
imposed under this subsection. 
Sec. 7. 
MRSA §6431-E, sub-§2, as enacted by PL 1997, c. 693, §1 and 
affected by §3, is amended to read: 
2. 
Owner or family member on board. Except as provided in subsection 3, 
beginning Januat)' 1, 2000 a person "",ho holds a Class I, Class II or Class III lobster and 
erab fishing lieense a vessel may not be used to fish for or take lobsters frem-a unless that 
vessel tmless is owned by a Class I, Class II or Class III lobster and crab fishing license 
holder and: 
A. 
The owner of that vessel is present on that vessel and holds a and has that vessel 
named on the owner's Class I, Class II or Class III lobster and crab fishinglicense; or 
B. 
A family member of the vessel owner under paragraph A is present on that 
vessel and holds a Class I, Class II or Class III lobster and crab fishing license and is 
present on that vessel. 
Sec. 8. 12 MRSA §6431-G is enacted to read: 
§6431-G. Vessel operation 
1. Limitation. Except as provided in subsection 2, the holder of a Class I, Class II 
or Class III lobster and crab fishing license may not operate a vessel for the purposes of 
fishing for or taking lobster other than the vessel named on the holder's lobster and crab 
fishing license. For the purposes of this section, "operate a vessel" means steering the 
vessel, operating the vessel's engine throttle or gear shift or operating the mechanism used 
to haul lobster traps from the water. "Operating a vessel" does not include'the baiting of 
traps or the handling of traps once they are on board the vessel. 
2. Exemptions. The commissioner may authorize an individual who possesses a 
Class 1, Class II or Class III lobster and crab fishing license to fish for or take lobsters 
from a vessel other than the vessel named on the holder's lobster and crab fishing license 
if: 
A. A Class 1, Class II or Class III license holder is temporarily prevented by illness 
or disability from fishing for or taking lobsters from the license holder's vessel and 
requests in writing to the commissioner that the commissioner authorize the 
individual to operate that vessel to fish for or take lobsters and tend the license 
holder's traps pursuant to section 6434; 
B. The vessel named on the individual's license has become temporarily inoperable 
because of an accident or a mechanical failure and the individual requests in writing 
and is granted permission from the commissioner to use another vessel to fish for or 
take lobsters; or 
C. The individual is designated as the sponsor of a student pursuant to section 6421 
and is operating the vessel named on the student's license for the purposes of 
providing practical lobster fishing training to the student while the student is present 
on the vessel. 
Sec. 9. 12 MRS A §6432, sub-§5, as amended by PL 1999, c. 82, §2, is further 
amended to read: 
5. Penalty for possession. Possession of lobsters other than caught by the method 
specified in subsection 1 is a Class D crime, except that in addition to any punishment 
that may be imposed under Title 17-A, PaIt 3, the court shall impose a fine of $-W $500 
for each violation and, in addition, a fine of $100 for each lobster involved, up to and 
including the first 5, and a fine of $200 for each lobster in excess of 5, or, if the number 
of lobsters cannot be determined, a fine of not more than $5,000. 
A court may not 
suspend a fine imposed under this subsection. 
Sec. 10. 12 MRS A §6436, sub-§5, as amended by PL 1999, c. 82, §3, is repealed 
and the following enacted in its place: 
5. 
Penalty for possession of e!?:!?:-bearing lobsters. 
Possession of lobsters in 
violation of subsection 1, paragraph A is a Class D crime, except that in addition to any 
punishment that may be imposed under Title 17-A, PaIt3, the court shall impose a fine of 
$1,000 for each violation and, in addition, a fine of $200 for each lobster involved, up to 
and including the first 5, and a fine of $400 for each lobster in excess of 5, or, if the 
number of lobsters cannot be determined, a fine of not more than $10,000. A court may 
not suspend a fine imposed under this subsection. 
Sec. U. 12 MRS A §6436, sub-§6 is enacted to read: 
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6. Penalty for possession of v-notched lobsters. Possession of lobsters in violation 
of subsection 1, paragraph B is a Class D crime, except that in addition to any punishment 
that may be imposed under Title 17-A, Pali 3, the court shall impose a fine of $500 for 
each violation and, in addition, a fine of $100 for each lobster involved, up to and 
including the first 5, and a fine of $400 for each lobster in excess of 5, or, if the number 
of lobsters cannot be deteJmined, a fine of not more than $5,000. A court may not 
suspend a fine imposed under this subsection. 
Sec. 12. 12 MRSA §6438-A, sub-§2, as amended by PL 1999, c. 82, §4, IS 
further amended to read: 
2. Penalty. A violation of this section is a Class D crime, except that the court shall 
impose a fine of ~ 
$1,000 for each violation and, in addition, a fine of ~ 
$300 for 
each lobster involved or, if the number of lobsters cannot be determined, a fine of not 
more than $5,000. A court may not suspend a fine imposed under this subsection. 
Sec. 13. 12 MRSA §6447, sub-§3, as enacted by PL 1995, c. 468, §8, is amended 
to read: 
3. 
Council members appointment; election. 
Upon establishing a lobster 
management policy council, the commissioner shall appoint members to the council to 
equitably represent lobster harvesters throughout a zone. 
Members appointed by the 
commissioner serve one-year terms. An election of subsequent council members must be 
held within one year of the commissioner's appointments. Council members are elected 
by plurality vote. An individual who has been convicted or adjudicated of a lobster 
violation within the previous 7 years is not eligible for election as a council member 
unless a waiver from this limitation has been granted by the commissioner for good cause 
as determined by the commissioner in the commissioner's discretion. 
Sec. 14. 12 MRSA §6952-A, sub-§4 is enacted to read: 
4. Penalty for possession. A violation of this section is a Class D crime, except that 
in addition to any punishment that may be imposed under Title 17-A, Part 3, the court 
shall impose a fine of $500 for each violation and, in addition, a fine of $100 for each 
lobster involved, up to and including the first 5, and a fine of $200 for each lobster in 
excess of 5, or, if the number of lobsters cannot be determined, a fine of not more than 
$5,000. A cOUli may not suspend a fine imposed under this subsection. 
Sec. 15. 12 MRSA §6953, 2nd~, as enacted by PL 1977, c. 661, §5, is amended 
to read: 
Violation of this section shall be ill a Class .g D crime, except that the court shall 
impose a fine of not less than $-WG $500. A court may not suspend a fine imposed under 
this section. 
SUMMARY 
This bill adds theft to the list of offenses for which a marine resources license may be 
suspended. It provides that for a 3rd or subsequent offense of lobster trap molesting the 
Commissioner of Marine Resources may permanently revoke a license holder's license. 
It expands the types of illegal lobsters for which a 2nd offense will result in a mandatory 
suspension. 
It also creates a requirement that a lobster and crab fishing license holder 
fishing for or taking lobsters may operate only the vessel listed on the license holder's 
license. This is meant to address an existing loophole in Maine's owner-operator 
requirements for lobster fishing. This bill increases the monetary fines for conviction of 
violation of certain lobster conservation laws. Finally, it provides that an individual is not 
eligible for election as a lobster management policy council member if that individual has 
been convicted of a lobster law violation within the past 7 years. 
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