An Act To Make Technical Changes to Marine Resources Laws
Maine Legislature, Session 125, LD 1522
Committee Amendment CA_A_S215 (Senate)
Amends: 12 MRSA §6302-A, 12 MRSA §6431

COMMITTEE AMENDMENT" A "to S.P. 483, LD. 1522, Bill, "An Act To Make 
Technical Changes to Marine Resources Laws" 
Amend the bill in Part A by striking out all of section 1 and inserting the following: 
'Sec. A-I. 12 MRS A §6022, sub-§18 is enacted to read: 
18. Commissioner's authority. The State assents to the provisions of the Federal 
Aid in Sport Fish Restoration Act, 16 United States Code, Chapter lOB, as amended. The 
commissioner may perfonn all acts necessary for the establishment and implementation 
of cooperative fish restoration and management projects as defined by that Act and the 
implementing regulations promulgated under that Act. 
Sec. A-2. 12 MRSA §6302-A, sub-§I, as amended by PL 2011, c. 137, § 1, is 
further amended to read: 
1. 
Tribal exemption; commercial harvesting licenses. 
A member of the 
·21 
Passamaquoddy Tribe or Penobscot Nation who is a resident of the State is not required 
to hold a state license or permit issued under section 6421, 6501, 6502-A, 6505-A, 
6505-C, 6535,6601,6701,6702,6703,6731,6745,6746,6748, 6748-A, 6748-0, 6751, 
6803 or 6804 to conduct activities authorized under the state license or permit if that 
member holds a valid license issued by the tribe or nation to conduct the activities 
authorized under the state license or permit. A member of the Passamaquoddy Tribe or 
Penobscot Nation issued a tribal license pursuant to this subsection to conduct activities is 
subject to all laws and rules applicable to a person who holds a state license or permit to 
conduct those activities and to all the provisions of chapter 625, except that the member 
of the tribe or nation: 
A. May utilize lobster traps tagged with trap tags issued by the tribe or nation in a 
manner consistent with trap tags issued pursuant to section 6431-B. A member of the 
tribe or nation is not required to pay trap tag fees under section 6431-B if the tribe or 
nation issues that member trap tags; 
B. May utilize elver fishing gear tagged with elver gear tags issued by the tribe or 
nation in a manner consistent with tags issued pursuant to section 6505-B. A member 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 483, L.D. 1522 
of the tribe or nation is not required to pay elver fishing gear fees under section 
6505-B if the tribe or nation issues that member elver fishing gear tags; and 
C. Is not required to hold a state shellfish license issued under section 6601 to obtain 
a municipal shellfish license pursuant to section 6671.' 
Amend the bill in Part A by inserting after section 7 the following: 
'Sec. A-8. 12 MRSA §6431, sub-§l, as amended by PL 2005, c. 6, § 1, is further 
amended to read: 
1. 
Minimum and maximum length. A person may not buy, sell, give away, 
transport, ship or possess any lobster that is less than the minimum size established in this 
subsection or more than 5 inches in length, as determined by the state dOltbls gauge 
lobster measure certified in accordance with subsection 3. 
Except as provided in 
subsection I-A, the minimum lobster size is 3 8/32 inches.' 
Amend the bill in Part A by striking out all of sections 9 and 10 (page 3, lines 8 to 30 
in L.D.) 
Amend the bill in Part A by inserting after section 19 the following: 
'Sec. A-20. 12 MRS A §6851, sub-§§2-B and 2-C, as enacted by PL 1993, c. 
740, §4, are amended to read: 
2-B. Wholesale seafood license with a sea urchin buyer's permit. At the request 
of the applicant, the commissioner shall issue a wholesale seafood license with a sea 
urchin buyer's permit. A person holding a wholesale seafood license with a sea urchin 
buyer's permit may engage in all the activities in subsection 2 and may buy, sell, ship or 
transport whole sea urchins or sea urchin parts. A license under this subsection does not 
authorize a person to engage in the processing of sea urchins Of to buy, sell, ship or 
transport sea ufChin parts. 
2-C. Wholesale seafood license with a sea urchin processor's permit. At the 
request of the applicant, the commissioner shall issue a wholesale seafood license with a 
sea urchin processor's permit. A person holding a wholesale seafood license with a sea 
urchin processor's permit may engage in all the activities in subsection 2 and may buy, 
sell, process, ship or transport whole sea urchins or sea urchin parts processed under that 
license.' 
Amend the bill in Part B in section 6 in §6042 in subsection 5 by striking out all of 
the first sentence (page 7, lines 26 to 29 in L.D.) and inserting the following: The 
commissioner shall retain a pennanent right of first refusal on any working waterfront 
property acquired in fee or protected by working waterfront covenant or other 
less-than-fee interests under Title 5, section 6203-B.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 483, L.D. 1522 
1. It provides that the State assents to the Federal Aid in Sport Fish Restoration Act 
and that the Commissioner of Marine Resources may perform acts necessary for the 
establishment and implementation of cooperative fish restoration and management 
projects defined in that Act. 
2. It corrects a reference in current law to "double gauge" as the State's lobster 
measure to provide consistency with a similar change made by the bill. 
3. It removes the definition of "temporarily" added by the bill to 2 provisions of law 
related to the commissioner's authority to allow a person to take lobsters from a vessel 
other than the vessel listed on the person's license. This removal gives the commissioner 
discretion to continue to make determinations on a case-by-case basis when necessary. 
4. It adds sea urchin parts to what a person holding a wholesale seafood license with 
a sea urchin buyer's permit may buy, sell, ship or transport. It removes language that 
restricts a license holder from buying, selling, shipping or transporting sea urchin parts. 
5. It specifies that activities a person holding a wholesale seafood license with a sea 
urchin processor's permit may engage in include sea urchins or sea urchin parts processed 
under that license. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OSl281l1 
fra~ 
LD 1522 
LR 236(02) 
An Act To Make Technical Changes to Marine Resources Laws 
Fiscal Note for Bill as Amended by Committee Amendment" A" '3- 2..1 S 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
No net impact on civil violations and Class E crimes. 
Minor impact on fine revenue. 
Fiscal Detail and Notes 
This bill makes changes to the commercial fishing and pelagic and anadromous fishing licenses and would result in a 
minor increase in General Fund and Other Special Revenue Funds revenue not requiring any change to the budget. 
LR0236(02) - Fiscal Note - Page I of I