An Act To Allow the Commissioner of Marine Resources To Use Discretion in Reissuing Scallop Licenses
Maine Legislature, Session 125, LD 0725
Committee: Marine Resources
Sponsors: RECTOR, WEAVER, LANGLEY, ROSEN, SNOWE-MELLO, TRAHAN, DOW, RICHARDSON, TILTON, VALENTINO
Amends: 12 MRSA §6310

Legislative Document 
No. 725 
S.P. 214 
In Senate, February 18, 2011 
An Act To Allow the Commissioner of Marine Resources To Use 
Discretion in Reissuing Scallop Licenses 
(EMERGENCY) 
Received by the Secretary of the Senate on February 18, 2011.  Referred to the Committee 
on Marine Resources pursuant to Joint Rule 308.2 and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator RECTOR of Knox. 
Cosponsored by Representative WEAVER of York and 
Senators: LANGLEY of Hancock, ROSEN of Hancock, SNOWE-MELLO of Androscoggin, 
TRAHAN of Lincoln, Representatives: DOW of Waldoboro, RICHARDSON of Warren, 
TILTON of Harrington, VALENTINO of Saco. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, persons who held lobster and crab fishing licenses and handfishing sea 
urchin licenses may have their licenses reissued upon appeal if they or their family 
members have suffered a substantial illness or medical condition that prevented those 
persons from meeting the eligibility requirements for those licenses; and 
Whereas, persons who held hand fishing scallop licenses do not have this benefit; 
and 
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to allow persons to be reissued hand fishing scallop licenses before the 
end of the scallop season; 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 of the State of Maine as follows: 
Sec. 1.  12 MRSA §6310, sub-§2, ¶C is enacted to read: 
C.  A hand fishing scallop license may be issued to a person on appeal only if a 
substantial illness or medical condition on the part of the person or a family member 
prevented that person from meeting the eligibility requirements for that license and 
the person documents that the person harvested scallops while in possession of the 
same license within one year prior to the onset of the illness or medical condition. 
The person shall provide the commissioner with documentation from a physician 
describing the illness or other medical condition. A person must request an appeal 
under this subparagraph within one year of the onset of the illness or medical 
condition. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill allows the Commissioner of Marine Resources the discretion of reissuing a 
hand fishing scallop license to a person who did not meet the eligibility requirements for 
that license because of a substantial illness or medical condition on the part of that person 
or a family member.