An Act To Protect the Long-term Viability ofIsland Lobster Fishing Communities II
Maine Legislature, Session 124, LD 1231
Committee Amendment CA_A_H401 (House)
Amends: 12 MRSA §6449

COMMITTEE AMENDMENT" 1+" to H.P. 851, L.D. 1231, Bill, "An Act To 
Protect the Long-term Viability ofIsland Lobster Fishing Communities" 
II 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRS A §6448, sub-§8, ~ 
is enacted to read: 
E. 
A person who has either successfully completed the requirements of the 
IS 
apprentice program under section 6422 or 6475 or held a Class I, Class II or Class III 
lobster and crab fishing license in the previous calendar year and who has registered 
to enter an established island limited-entry program as described under section 6449 
may declare as that person's declared lobster zone the zone in which that island 
limited-entry program is located when the person becomes eligible to enter the island 
limited-entry program. 
Sec. 2. 12 MRSA §6449 is enacted to read: 
§6449. Island limited-entry programs 
An island limited-entry program may be established pursuant to this section in order 
to maintain a number of licenses appropriate for the needs of an island community and 
the local lobster resource. 
1. Proposal to the commissioner. Notwithstanding section 6448, subsection 7, a 
year-round island community may petition the commissioner for the establishment of an 
island limited-entry zone program if a minimum of 5 island residents that are holders of a 
Class I, Class II or Class III lobster and crab fishing license or 10% of the island residents 
that are holders of a Class I, Class II or Class III lobster and crab fishing license, . 
whichever is greater, signs the petition submitted to the commissioner. If2/3 of the Class 
I, Class II or Class III lobster and crab fishing license holders that are residents on the 
island voting in a referendum held pursuant to section 6447, subsection 6 support the 
establishment of an island limited-entry zone program, the commissioner may adopt rules 
to establish such a program, including a waiting list. Before establishing or amending the 
number of licenses available to island residents, the commissioner shall determine the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 851, L.D. 1231 
number of licenses preferred by 2/3 of the Class I, Class II or Class III lobster and crab 
fishing license holders resident on the island. The commissioner may accept the 
preferences proposed by 2/3 of the license holders as reasonable and adopt those 
preferences or reject the preferences as unreasonable. The commissioner shall consult 
with the lobster management policy council for the lobster management zone in which 
the island is located before making the decision. 
2. No longer resident. An individual who obtains a Class I, Class II or Class III 
lobster and crab fishing license through an island limited-entry program but who no 
longer wishes to maintain residency on the island is subject to the following 
requirements. 
A. A person who held a Class I, Class II or Class III lobster and crab fishing license 
and maintained residency on the island for a period of not less than 8 years and who 
can document to the commissioner that the person harvested lobsters in each of the 8 
years may end the person's residency on the island and fish elsewhere in the lobster 
management zone in which the island is located without going on a waiting list as 
established in section 6448. 
B. A person who holds a Class I, Class II or Class III lobster and crab fishing license 
and who either has maintained residency on the island for less than 8 years or who 
has maintained residency on the island for at least 8 years but cannot document to the 
commissioner that the person harvested lobsters in each of the 8 years may end the 
person's residency on the island and become eligible to fish elsewhere in the lobster 
management zone in which the island is located if that person complies with the 
waiting list requirement established in accordance with section 6448. 
3. Restriction. This section applies only to an island in the coastal waters with a 
year-round community that is not connected to the mainland by an artificial structure. 
4. Rules. The commissioner shall adopt rules to implement the island limited-entry 
program. The rules must include but are not limited to: 
A. A definition of residency on an island; 
B. Allowances for the temporary absence from an island due to a medical condition 
or educational requirements; and 
C. Providing for an opportunity for increasing the number of Class I, Class II or 
Class III lobster and crab fishing license holders on an island, if appropriate, based on 
the characteristics of the island and the lobster resource. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.' 
SUMMARY 
This committee amendment replaces the bill. 
1. It provides that a year-round island community on an island in the coastal waters 
that is not connected to the mainland by an artificial structure may petition the 
Commissioner of Marine Resources for the establishment of a limited-entry program for 
that island if a minimum of 5 Class I, Class II or Class III lobster and crab fishing license 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"ft "to H.P. 851, L.D. 1231 
holders who are residents on the island or 10% of the island's resident Class I, Class II or 
Class III lobster and crab fishing license holders, whichever is greater, signs the petition. 
2. It provides that if 2/3 of the Class I, Class II or Class III lobster and crab fishing 
license holders who are residents of the island voting in a referendum support the 
establishment of an island limited-entry program, the commissioner may adopt rules to 
establish such a program. 
3. It requires that before establishing or amending the number of licenses available to 
island residents, the Commissioner of Marine Resources must determine the number of 
licenses preferred by 2/3 of the Class I, Class II or Class III lobster and crab fishing 
license holders who are residents on the island but retains the discretion to accept or 
reject that preference. 
4. It requires the Commissioner of Marine Resources to consult with the applicable 
lobster management policy council before making a decision on the number of licenses to 
be made available. 
5. It authorizes the Commissioner of Marine Resources to adopt rules to implement 
the program to define residency and to provide exceptions to the island residency 
requirement for temporary absences from an island for medical or educational purposes 
and to allow, when appropriate, for an increase in the number of licenses available to an 
island community over time. 
6. It provides that a person who obtains a Class I, Class II or Class III lobster and 
crab fishing license through an island limited-entry program and was a resident of the 
island for at least 8 years and harvested lobsters for each of those years and who no 
longer wishes to maintain residency on that island may fish elsewhere in the lobster 
management zone in which the island is located without having to go on the waiting list. 
meAL ~OTE RF:(~:':·.~~D 
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COMMITTEE AMENDMENT 
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Approved: 05124/09 frac::.. 
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LD 1231 
LR 1280(02) 
AIll Act To Protect the LOllllg-term Viability of Island Lobster Fishing Communities 
Fiscal Detail and Notes 
Fiscal Note for Bm as Amended by Committee Amelllldment "R" 
Committee: Marme Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
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Additional costs to the Department of Marine Resources associated with rulemaking can be absorbed within existing 
budgeted resources.""·" 
LR1280(02} - Fiscal Note - Page 1 of 1 
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