An Act To Allow Family Members of an Island Community to Share a Lobster and Crab Fishing License
Maine Legislature, Session 124, LD 1128
Committee: Marine Resources
Sponsors: DAMON, EATON, PERCY, PINGREE
Amends: 12 MRSA §6421, 12 MRSA §6424, 12 MRSA §6431-E

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
FIRST RE'GULAR SESSION-2009 
Legislative Document-
No. 1128 
S.P.419 
In Semite, March 25,2009 
An Act To Allow Family Members of an Island Community to Share 
a Lobster and Crab Fishing License 
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Reference to the Committee on Marine Resources suggested and 0fdered printed . 
Presented by Senator DAMON of Hancock. 
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9t~(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: EATON of Sullivan, McKANE of Newcastle, PERCY of 
Phippsburg, Speaker PINGREE of North Haven .. 
Printed on recycled paper 
Be it enacted by the People of the ,State of Maine as follows: 
Sec. 1. 12 MRSA §6421, sub-§l, as amended by PL 2007, c, 201, §§4 and 5, is 
further f\mended to read: 
,1. License required. --A- .Except as provided in section 6424, a person may not 
engage inthe activities authorized under this section without a current: 
A. Class I lobster and crab fishing license; 
B. Class II lobster and crab fishing license; 
C. Class III lobster and crab fishing license; 
D. Apprentice lob,ster and crab fishing license; 
E. Student lobster 'and crab fishing license; 
II' 
F. Noncommercial lobster and crab fishing license; 
F -1. Nomesident lobster and crab landing permit; or 
G. Other license issued under this Part authorizing the activities. 
Sec. 2. 12 MRSA §6421, sub-§2, as amended by PL 1995, c. 568, §1, is further 
amended to read: 
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2. ,'Licensed activity. The holder of a Class I, Class II, Class III, apprentice or 
student lobster and crab fishing license or the farriily member of a license, holder, as 
provided in section 6424 may fish for, take, possess, ship or transport within the State 
lobsters or crabs and sell lobsters or crabs the license holder has taken. The license does 
not authorize the license holder to remove lobster meat from the shell or to take, possess, 
transport or ship lobster parts or meat. The holder of a Class II or Class III license is 
, liable for the licensed activities under this subsection of all unlicensed crew members 
assisting that licensee. 
Sec. 3. 12 MRS A §6421, sub-§5, as amended by PL 2007, c. 204, § 1, is further 
amended to read: 
5. Eligibility. A noncommercial or student lobster and crab fishing license may only 
be issued to an individual who is a resident. A Class I, Class II or Class III license may 
be issued to a person 17 years of age or older only if the person: 
A. Possessed a Class I, Class II or Class III lobster and crab fishing license in the 
previous calendar year; 
C. Meets the requirements of the apprentice program under secti<?n 6422 or section 
6475; or 
D. Did not possess a Class I, Class II or Class III lobster and crab fishing license in 
the previous calendar year because the commissioner had suspended the person's 
license privileges for a length of time that included the previous calendar year. 
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Notwithstanding the age requirements of this subsection, a person who holds a Class I, 
Class II or Class III license on December 31, 2007 may continue to be issued a Class I, 
Class II or Class III license provided that person continues to meet the requirements of 
paragraph A 
A person sharing a Class I, Class II or Class III commercial lobster and 
crab fishing license under section 6424 is not required to meet the requirements of this 
section to fish under that license. 
Sec. 4. 12 MRSA §6424 is enacted to read: 
§6424. Island resident; sharing lobster and crab license with family members 
1. Definitions. For purposes of this section the following terms have the following 
meanings. 
. . . 
A. 
"Fanlily member"means a spouse, brother, sister, nephew, niece, son-in-law, 
daughter-in-law, parent by blood, parent by adoption, mother-in-law, father-in-law, 
child by blood, child by adoption, stepchild, stepparent, grandchild, grandparent or 
first cousin. 
B. "Nonbridged island" means an isIand that is not connected to the mainland by a 
natural or artificial bridge that can reasonably be used for ground transportation 
between the mainland and the island. 
C. "Permanent residence" means that place where an individual has a true, fixed and 
permanent home and prirtcipalestablishment to which the individual, whenever 
absent, has the intention of returning. An individual may have only one permanent 
residence at a time and, once a permanent residence is established, that residence is 
presumed to continue until circumstances indicate otherwise. 
D. "Permanent resident" means a person who has established a pef!TIanent' residence 
on an island and resides at that residence fora majority of the year. 
E. '''Primary license holder" means a person who holds a Class I, Class II or Class III 
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lobster and crab fishing license issued pursuant to section 6421. 
2. Sharing a commercial lobster and crab fishing license. The holder of a current 
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Class I, Class II or Class III lobster and crab fishing license issued pursuant to section 
6421 who is a: permanent resident on a nonbridged island may share that license with 
family members who are permanent residents of the same island or another nonbridged 
island. within' the same municipality. Except as otherwise provided, family members 
sharing a license are subject to the same privileges, restrictions and requirements as the 
primary license holder. 
Family members may fish under the shared license without 
completing the licensing requirements under section 6421, subsection 5, section 6422 and 
section 6475 and, notwithstanding section 6448, may fish in the same zone or zones in 
. which the primary license holder is authorized to fish. Notwithstanding section 6431-E, 
subsection 2, the primary license holder is not required to be present on the bOat of a 
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. family member fishing under that license. 
3. Family member list. The primary license holder shall provide a list of family 
members who share that license to the department. A family member may not share that 
license unless that person's name appears on the family member list provided to the 
department by the primary license holder. 
4.  Eligibility.  If the primary license holder no longer meets the requirements of 
subsection 2, family members may not continue to fish for lobster or crab under that 
license.  A family member who is not a permanent resident on the nonbridged island or 
another nonbridged island within the same municipality on which the primary license 
holder is a permanent resident may not fish under that license. 
5.  Trap tag reduction.  The maximum number of trap tags allowable under the 
primary license holder's license pursuant to section 6431-F is reduced by 20% for each 
family member fishing pursuant to that license.  A family member may not be issued trap 
tags in addition to those available to the primary license holder.  If the number of family 
members fishing under a primary license holder's license decreases, the maximum 
number of trap tags permitted under that license may not increase until 3 years after the 
primary license holder notifies the department of the reduction in family members using 
that license.  In that event, the number of trap tags may only increase by 40 trap tags per 
year until the maximum number of trap tags allowable pursuant to section 6431-F is 
reached for the primary license holder’s license. 
6.  Successor primary license holder.  If the primary license holder is deceased or 
retires from commercially fishing for lobster and crab, a family member sharing that 
license must be named as the primary license holder within a reasonable amount of time 
or the license must be returned to the State. 
Sec. 5.  12 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 and 
section 6424, beginning January 1, 2000 a person who holds a Class I, Class II or Class 
III lobster and crab fishing license may not fish for or take lobsters from a vessel unless: 
A.  The owner of that vessel is present on that vessel and holds a Class I, Class II or 
Class III lobster and crab fishing license; 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. 
SUMMARY 
This bill allows the holder of a current Class I, Class II or Class III lobster and crab 
fishing license who is a permanent resident on an island not connected to the mainland by 
a bridge to share that license with family members who are permanent residents of the 
same island or another nonbridged island within the same municipality.  A family 
member sharing the Class I, Class II or Class III lobster and crab fishing license is subject 
to the same privileges and restrictions as the primary license holder.  It provides that for 
each family member sharing a Class I, Class II or Class III lobster and crab fishing 
license, the number of trap tags the primary license holder is eligible to receive under that 
license is reduced by 20%.  This bill also provides that, if the primary license holder is 
deceased or retires from commercially fishing for lobster and crab, a family member 
sharing the license must be named as the primary license holder or the license lapses back 
to the State.