An Act To Amend the Lobster Meat Laws and Expand Economic Opportunity for Maine's Lobster Industry
Maine Legislature, Session 124, LD 1593
Committee: Marine Resources
Sponsors: PINGREE, DAMON, KENT, LANGLEY, MAZUREK, PENDLETON, PERCY, PIEH, STRANG BURGESS, WEAVER
Amends: 12 MRSA §6301, 12 MRSA §6302, 12 MRSA §6852, 12 MRSA §6854, 12 MRSA §6858, 12 MRSA §6861-A, 12 MRSA §6862

MAINE STATE LEGISLATURE 
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124th MAINE L GISLATURE 
Legislative Document 
No. 1593 
H.P.1131 
House of Representatives, December 22,2009 
An Act To Amend the Lobster Meat Laws and Expand Economic 
Opportunity for Maine's Lobster Industry 
(EMERGENCY) 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Received by the Clerk of the Honse on December 18,2009. Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Speaker PINGREE of North Haven. 
Cosponsored by Senator DAMON of Hancock and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: KENT of Woolwich, LANGLEY of Ellsworth, MacDONALD of Boothbay, 
MAZUREK of Rockland, PENDLETON of Scarborough, PERCY of Phippsburg, PIEH of 
Bremen, STRANG BURGESS of Cumberland, WEAVER of York. 
Printed lUI rccydctJ paper 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation must take effect in the spring of2010; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 12 MRSA §6301, sub-§2, ~Q, as amended by PL 1999, c. 491, § I and 
affected by §9, is further amended to read: 
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Q. A lobster transportation supplemental license issued under section 6854 expires 
on March 31 st of each year; afI-d 
Sec. 2. 12 MRSA §6301, s ab-§2, "UR, as enacted by PL 1999, c. 491, §2 and 
affected by §9, is amended to read: 
R. A wholesale seafood license with a shrimp permit issued under section 6851 
expires on March 31 st of each year,.; and 
Sec. 3. 12 MRSA §6301, sub-§2, ~S is enacted to read: 
S. A lobster processor license issued under section 6851-B expires on March 31 st of 
each year. 
Sec. 4. 12 MRS A §6302, sulb-§2, as amended by PL 1997, c. 544, § 1, is further 
amended to read: 
2. Common carrier. Carry any marine organism by a common carrier; or 
Sec. 5. 12 MRSA §6302, sub-§3, as amended by PL 1997, c. 544, §1, is further 
amended to read: 
3. Hermetically sealed containers. Buy, sell, ship or transport within or beyond the 
state limits or possess any marine organism that is in a hermetically sealed container-;--eF~ 
Sec. 6. 12 MRS A §6302, sulb-§4, as enacted by PL 1997, c. 544, § 1, is repealed. 
Sec. 7. 12 MRS A §6431, sulb-§4, as amended by PL 1985, c. 129, § 1, is further 
amended to read: 
4. Mutilation. It shall be unlawful to possess any lobster, or part thereof, which is 
mutilated in a manner which makes accurate measurement impossible, except that any 
person, firm or corporation may possess lobster tails removed under section ~ 
6851-B. 
Sec. 8. 12 MRS A §68S1, sub-§2-A, as amended by PL 2007, c. 615, §21, is 
further amended to read: 
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2-A. 
Wholesale seafood license with lobster permit. 
At the request of the 
applicant, the commissioner shall issue a wholesale seafood license with a lobster permit. 
A person holding a wholesale seafood license with a lobster permit may engage in all the 
activities in subsection 2 and may buy, sell, process or ship lobster or properly permitted 
licensed or lawfully imported lobster meat or parts. 
A person holding a wholesale 
seafood license with a lobster permit may transport lobster or properly permitted licensed 
or lawfully imported lobster meat or parts anywhere within the state limits. A license 
under this subsection does not authorize a person to possess or transport lobster that 
person has taken unless that person is in possession of a license issued under section 
6421, subsection 3-A, paragraph A, B, Cor E. A license under this subsection does not 
authorize a person to remove lobster meat from the shell unless a permit license under 
section 68-§.1 6851-B is held. 
Sec. 9. 12 MRS A §6851-B is enacted to read: 
§6851-B. Lobster processor license 
1. License required. A person may not engage in the activities authorized under 
this section without a current wholesale seafood license with a lobster permit as required 
tInder section 6851 and a current lobster processor license. 
2. Licensed activity. A lobster processor license authorizes a person to process 
lobsters and lobster meat for sale in accordance with rules adopted by the commissioner, 
including, but not limited to, the appropriate fee for the license, and under the following 
conditions: 
A. The lobster and lobster meat may be processed only at the fixed place of business 
named on the license; 
B. The lobster meat or lobster parts may come from only legal-sized lobsters; 
C. All containers in which lobster meat is packed after removal and that are to be 
sold, shipped or transported must be clearly labeled with the lobster processor license 
number of the packer; and 
D. Records must be maintained at the fixed place of business named on the license. 
The commissioner may grant waivers for specific lobster products not addressed in rules 
that are produced by holders of lobster processor licenses. Such a waiver must be in 
writing and must describe in detail the product that is not snecified in rule. 
3. Exception. A license is not required to remove lobster meat for serving in hotels 
and restaurants if the meat is removed from the shell in a hotel or restaurant for serving 
on the premises. 
4. 
License limited. A lobster processor license authorizes activities under this 
section at only one fixed place of business. 
5. Violation. A person who violates this section commits a civil violation for which 
a fine of not less than $100 nor more than $2,000 may be adjudged. 
Sec. 10. 12 MRSA §6852, sub-§2, <;fe, as amended by PL 2005, c. 434, § 11, is 
further amended to read: 
C. Lobster parts or meat, if they are permitted under section 6857, purchased from a 
wholesale seafood license holder who possesses a lobster processor license under 
section 6851-B or have been lawfully impOIted; 
Sec. 11. 12 MRSA §6852, sub-§3-A is enacted to read: 
3-A. Retail sale of certain seafood products. Notwithstanding any provision of 
law to the contrary, a license or certificate is not required for a person to sell at retail: 
A. Shucked shellfish, if the shucked shellfish is purchased from a wholesale seafood 
license holder certified under section 6856; or 
B. Lobster parts or meat, if they are purchased from a wholesale seafood license 
holder who possesses a lobster processor license under section 6851-B or if they have 
been lawfully imported. 
Sec. 12. 12 MRSA §6854,ub-§2, as amended by PL 2001, c. 421, Pt. B, §58 
and affected by Pt. C, § 1, is further lInended to read: 
2. License activity. The holder of a lobster transportation license may buy from a 
licensed wholesale seafood dealer and transport beyond the state limits lobsters or their 
parts or meat. Lobster parts or meat may be transported only if they are properly 
permitted under section 6851-B or 6857 or have been lawfully imported. 
Sec. 13. 12 MRSA §6858, as amended by PL 2003, c. 452, Pt. F, §§30 and 31 and 
affected by Pt. X, §2, is repealed. 
Sec. 14. 12 MRSA §6861-A, sub-§1, ~, as amended by PL 2003, c. 452, Pt. F, 
§32 and affected by Pt. X, §2, is further amended to read: 
B. It is prima facie evidence that lobster or crayfish meat is illegal lobster meat if the 
crayfish or lobster meat is outside the shell; is not in its original container and clearly 
labeled as crayfish, with the country or state of origin clearly disclosed; and: 
(1) Does not meet the legal length requirements for lobster established in section 
6858; or 
(2) Is unmixed with any other food and there are no receipts available to prove 
the product is crayfish. 
Sec. 15. 12 MRSA §6862, as amended by PL 2005, c. 239, § 1 0, is repealed. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect April 1, 2010. 
SUMMARY 
This bill implements some of the recommendations of the Governor's Task Force on 
the Economic Sustainability of Maine's Lobster Industry. 
It changes existing laws 
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governing the handling of lobster parts and tails in order to improve the markets for the 
lobster industry. It eliminates the lobster tail permit and fee and creates a new lobster 
processor license to allow for increased market flexibility through the rule-making 
process. 
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