An Act To Amend the Marine Resources Suspension Laws·
Maine Legislature, Session 124, LD 1211
Committee: Marine Resources
Amends: 12 MRSA §6353, 12 MRSA §6402

124th MAINE LEGISLATURE. 
Legislative Document 
No. 1211 
H.P.836 
House of Representatives, March 26, 2009 
I 
An Act To Amend the Marine Resources Suspension 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 Represent(~.tive WEAVER of York. 
~ Printed on recycled paper 
'7Y/~ 1/1. 71lt2C~ 
Mll.-LICENT M. MacFARLAND 
Clerk 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRS A §63S2, as amended by PL 1991, c. 390, §3, is repealed and the 
following enacted in its place: 
§6352. Notice 
The commissioner shall give notice of a suspension or a revocation and may give an 
opportunity'for a hearing to the holder in the case of a suspension. 
1. Time of notice. Notice must be given within 60 days of the conviction or 
adjudication pursuantto section 6351 and must be mailed to the last 1m own address as 
provided in the department's marine resources licensing and enforcement database or be 
served in hand. 
2. Nature of notice. The notice must contain: 
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A. A statement of the conviction or adjudication pursuant to section 6351; 
B. The reason 'and statutory grounds for the suspension or revocation; 
C. The effective date of the suspension or revocation; and 
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D. The opportunity for a hearing; should one exist. 
4. Receipt date. The notice is deemed received 3 days after the mailing. 
5.' Effective i:late of suspension or revocation. A suspension or revocation is 
effective on the date specified by the conimissioner on the notice, which may not be leSs 
than 10 days after the mailing of the notice of suspension or revocation by the 
commissioner. 
Sec. 2. 12 MRSA §6353, sub-§l, as enacted by PL 1977, c. 661, §5, is repealed 
and the following enacted in its place: 
1. Request for hearing; place of hearing. A'hearing must be requested in writing 
within 10 days from the effective date of the suspension. If requested, it must be held 
within 10 days of the request unless a longer period of time is mutually agreed to in 
writing. The hearing must be conducted in the Augusta area. 
Sec. 3. 12 MRSA §6353, sub-§2, as enacted by PL 1977, c. 661, §5, is amended 
to read: 
2. Evidence. At the hearing, the holder or the department may present any evidence 
concerning the violation which might justify reinstatement of his license or certificate, or 
reduction of the suspension period. 
Sec., 4. 12 MRS A §6372, sub-§3, '\fA, as enacted by PL 1977, c. 661, §5, is 
amended to read: 
A. Evidence, Title 5, section 9057, except the issues shall be linited are limited to 
whether the licensee had a license and whether he the licensee refused inspection; 
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Sec. 5.' 12 MRSA §6402, as amended by PL 2007, c. 201, §1, is further amended 
to read: 
§6402. Suspension based on adjudication of molesting 
The commissioner shall suspend the lobster and crab fishing license of a license 
holder or the nonresident lobster and crab landing permit of a permit holder convicted 
adjudicated in court of violating section 6434. This suspension is for 3 years from the 
date of conviction adjudication. 
1. Adjudications for cutting lobster trap lines. A person convicteq adjudicated 
under section 6434 of molesting lobster gear by cutting a lobster trap line shall, upon 
maldng full payment as ordered by the court under section 6434, subsection 4, paragraph 
A, provide the commissioner with proof of that payment. If the commissioner does not 
receive . that proof within 3 years after the date of conviction adjudication, the 
commissioner shall continue that license suspension until such time as that proof is 
received. 
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Sec. 6. 
MRS A §6406, sub-§I, as amended by PL 1991, c. 302, §1 and 
affected by § 2, is further amended to read: 
1. Prohibited acts. It· is unlawful for any person whose license or right to obtain a 
license is under suspension to: 
A. 
Engage in any licensed activity; 
B. Give another person permi~sion to raise, lift, transfer or possess lobster traps or 
cars marked with the suspended person's lobster and crab fishing license number or 
lobster traps with buoys that carry the color design on file with the suspended license; 
C. A.ssist a holder of a Class II lobster and crab fishing license as a crew member; or 
E. For any violation occurring on or after the effective date of this paragraph, assist 
any license holder as a crew member in any activity authorized by the suspended 
license. 
SUMMARY 
This bill amends the laws governing the notice requirements for a suspension or 
revocation of a marine resources license. It amends the laws governing procedures for a 
hearing to appeal a suspension. It changes the reference to a violation of the laws against 
molesting lobster gear to refer to an adjUdication rather than a: conviction, since it is now 
a civil offense. It clarifies that an individual who has had the right to obtain a license 
suspended is subject to the same prohibitions as an individual who has had a license 
suspended.