An Act To Provide Equal Treatment to Members of the Penobscot Nation with Regard to Marine Resources Licenses
Maine Legislature, Session 125, LD 0558
Committee Amendment CA_A_H211 (House)

COMMITTEE AMENDMENT "11,, to H.P. 441, L.D. 558, Bill, "An Act To 
Provide Equal Treatment to Members of the Penobscot Nation with Regard to Marine 
Resources Licenses" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide Members of the Penobscot Nation with Marine Resources 
Licenses' 
Amend the bill in section 1 in §6302-A by striking out all of subsection 3 (page 2, 
lines 34 to 42 in L.D.) and inserting the following: 
'3. 
Lobster, sea urchin, scallop and elver licenses; limitations. 
Passamaquoddy Tribe may not issue pursuant Pursuant to subsection 1: 
A. More than The Passamaquoddy Tribe and Penobscot Nation may each issue up to 
commercial lobster and crab fishing licenses in any calendar year +99&, including 
all licenses equivalent to Class I, Class II or Class III licenses and student licenses, 
but not including apprentice licenses. Any lobster and crab fishing license issued by 
the tribe after calendar year 1998 is Licenses issued under this paragraph are subject 
to the eligibility requirements of section 6421, subsection 5; and 
B. Mere The Passamaquoddy Tribe may not issue more than 24 commercial licenses 
for the taking of sea urchins in any calendar year. Sea urchin licenses must be issued 
by zone in accordance with section 6749-P7~ 
C. The commissioner shall adopt rules authorizing the Penobscot Nation to issue 
commercial sea urchin licenses if the commissioner determines that sea urchin 
resources are sufficient to permit the issuance of new licenses. The commissioner 
may not authorize the Penobscot Nation to issue more than 24 commercial sea urchin 
licenses in any calendar year; 
D. The Penobscot Nation may not issue more than 20 commercial licenses for the 
taking of scallops in any calendar year, except that the commissioner shall by rule 
allow the Penobscot Nation to issue additional commercial licenses for the taking of 
COMMITTEE AMENDMENT 
X\. 1-~. 
COMMITTEE AMENDMENT "A" to H.P. 441, L.D. 558 
scallops if the commissioner determines that scallop resources are sufficient to permit 
the issuance of new licenses; and 
E. The Penobscot Nation may not issue more than 8 commercial licenses for the 
taking of elvers in any calendar year, except that the commissioner shall by rule allow 
the Penobscot Nation to issue additional commercial licenses for the taking of elvers 
if the commissioner determines that elver resources are sufficient to permit the 
issuance of new licenses. 
The Passamaquoddy Tribe, Penobscot Nation and Department of Marine Resources shall 
report on the status of the sea urchin, scallop and elver fisheries to the joint standing 
committee of the Legislature having jurisdiction over marine resources matters by 
January 15th of each even-numbered year. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.' 
SUMMARY 
This amendment changes the title of the bill and clarifies that the Passamaquoddy 
Tribe and the Penobscot Nation each may issue up to 24 lobster and crab fishing licenses 
annually to their members. 
The amendment also provides that the Penobscot Nation may issue commercial sea 
urchin licenses to its members when the sea urchin resource recovers and new entry is 
allowed in the fishery. As specified by the Commissioner of Marine Resources in rule, 
the Penobscot Nation may issue 20 or fewer commercial sca!lop licenses in a calendar 
year and additional commercial scallop licenses if the scallop fishery opens to new entry 
and 8 or fewer commercial elver licenses in a calendar year and additional commercial 
elver licenses if the commercial elver fishery opens to new entry. 
The amendment also requires the Passamaquoddy Tribe, the Penobscot Nation and 
the Department of Marine Resources to report on the status of sea urchin, scallop and 
elver fisheries to the joint standing committee of the Legislature having jurisdiction over 
marine resources matters by January 15th of each even-numbered year. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/21/11 
haC':.-
LD558 
LR 519(02) 
An Act To Provide Equal Treatment to Members of the Penobscot Nation with Regard to Marine 
Resources Licenses 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment t~, 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - General Fund 
Minor revenue decrease - Other Special Revenue Funds 
Allowing members of the Penobscot Nation to engage in certain marine resources harvesting activities with a tribal 
license could result in a minor reduction in General Fund revenue not requiring any change to the budget. 
LR0519(02) - Fiscal Note - Page I of 1