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: Marine Resources
Sponsors: MITCHELL, SCHNEIDER, BEAVERS, CLARK, JOHNSON, PICCHIOTTI, SOCTOMAH, TUTTLE, WEAVER, WOOD
Amends: 12 MRSA §6302-A

Legislative Document 
No. 558 
H.P. 441 
House of Representatives, February 15, 2011 
An Act To Provide Equal Treatment to Members of the Penobscot 
Nation with Regard to Marine Resources Licenses 
(EMERGENCY) 
Reference to the Committee on Marine Resources suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MITCHELL of the Penobscot Nation. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
Representatives: BEAVERS of South Berwick, CLARK of Millinocket, JOHNSON of 
Greenville, PICCHIOTTI of Fairfield, SOCTOMAH of the Passamaquoddy Tribe, TUTTLE of 
Sanford, WEAVER of York, WOOD of Sabattus. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation expands the availability of marine resources licenses for 
members of the Penobscot Nation; and 
Whereas, it is important that these licenses be available during the summer to take 
advantage of the seasonal nature of harvesting certain marine species; 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 §6302-A, as amended by PL 2009, c. 396, §1, is further 
amended to read: 
§6302-A.  Taking of marine organisms by Passamaquoddy tribal members and 
members of the Penobscot Nation 
1.  Tribal exemption; commercial harvesting licenses.  A member of the 
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, 6505-A, 6505-C, 6535, 
6601, 6701, 6702, 6703, 6731, 6745, 6746, 6748, 6748-A, 6748-D, 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 6505-B.  A member 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. 
2.  Tribal exemption; sustenance or ceremonial tribal use.  Notwithstanding any 
other provision of law, a member of the Passamaquoddy Tribe or Penobscot Nation who 
is a resident of the State may at any time take, possess, transport and distribute: 
A.    Any marine organism, except lobster, for sustenance use if the tribal member 
holds a valid sustenance fishing license issued by the tribe or nation.  A sustenance 
fishing license holder who fishes for sea urchins may not harvest sea urchins out of 
season; 
B.    Lobsters for sustenance use, if the tribal member holds a valid sustenance lobster 
license issued by the tribe or nation.  The sustenance lobster license holder's traps 
must be tagged with sustenance use trap tags issued by the tribe or nation in a manner 
consistent with trap tags issued pursuant to section 6431-B; however, a sustenance 
lobster license holder may not harvest lobsters for sustenance use with more than 25 
traps; and 
C.    Any marine organism for noncommercial use in a tribal ceremony within the 
State, if  the member holds a valid ceremonial tribal permit issued to the tribal 
member by the Joint Tribal Council of the Passamaquoddy Tribe or the governor and 
council at either Passamaquoddy reservation or by the Penobscot Reservation Tribal 
Council. 
For purposes of this subsection, "sustenance use" means all noncommercial consumption 
or noncommercial use by any person within the Passamaquoddy reservation at Pleasant 
Point or Indian Township, the Penobscot Indian Reservation or at any location within the 
State by a tribal member, by a tribal member's immediate family or within a tribal 
member's household.  The term "sustenance use" does not include the sale of marine 
organisms.  A member of the Passamaquoddy Tribe or Penobscot Nation who takes a 
marine organism under a license or permit issued pursuant to this subsection must comply 
with all laws and rules applicable to a person who holds a state license or permit that 
authorizes the taking of that organism, except that a state law or rule that sets a season for 
the harvesting of a marine organism does not apply to a member of the Passamaquoddy 
Tribe or Penobscot Nation who takes a marine organism for sustenance use or for 
noncommercial use in a tribal ceremony.  A member of the Passamaquoddy Tribe or 
Penobscot Nation issued a license or permit under this subsection is exempt from paying 
elver gear fees under section 6505-B or trap tag fees under section 6431-B and is not 
required to hold a state shellfish license issued under section 6601 to obtain a municipal 
shellfish license pursuant to section 6671.  A member of the Passamaquoddy Tribe or 
Penobscot Nation who fishes for or takes lobster under a license or permit issued pursuant 
to this subsection must comply with the closed periods under section 6440. 
3.  Lobster and sea urchin licenses; limitations.  The Passamaquoddy Tribe or 
Penobscot Nation may not issue pursuant to subsection 1: 
A.    More than 24 commercial lobster and crab fishing licenses in calendar year 
1998, 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 or nation after calendar year 1998 is subject to the 
eligibility requirements of section 6421, subsection 5; and 
B.    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-P. 
4.  Sea urchin and scallop handfishing and tender licenses; limitations.  The 
Passamaquoddy Tribe or Penobscot Nation may not issue a license or permit pursuant to 
subsection 1 or 2: 
A.    For the harvesting of sea urchins or scallops by hand unless the license or permit 
applicant meets the diver competency requirements of section 6531; and 
B.    For the tending of a person who fishes for or takes scallops or sea urchins by 
diving unless the applicant meets the safety training requirements of section 6533. 
5.  Notification.  Subsections 1 and 2 do not apply to a member of the 
Passamaquoddy Tribe or Penobscot Nation unless a copy of that member's tribal license 
or permit is filed with the commissioner by the tribal licensing agency or a tribal official 
in accordance with section 6027. 
6.  License suspension.  If a member of the Passamaquoddy Tribe or Penobscot 
Nation issued a license or permit under this section is convicted or adjudicated of a 
violation for which a license suspension is mandatory under chapter 617, the 
commissioner shall suspend that member's license or permit for the specified period.  If a 
member of the Passamaquoddy Tribe or Penobscot Nation issued a license or permit 
under this section is convicted or adjudicated of a violation for which the commissioner 
may suspend a license, the commissioner may suspend that member's license or permit in 
accordance with chapter 617. 
7.  Enforcement.  A violation of a marine resources law or rule by a member of the 
Passamaquoddy Tribe or Penobscot Nation who is issued a license or permit pursuant to 
this section must be enforced pursuant to chapter 609.  A member of the Passamaquoddy 
Tribe or Penobscot Nation who is issued a license or permit pursuant to this section must 
possess and exhibit that license or permit in accordance with section 6305 and must 
comply with the provisions of section 6306 regarding inspections and searches by marine 
patrol officers for violations related to licensed or permitted activities. 
8.  Resident of the State defined.  For the purposes of this section, "resident of the 
State" means a member of the Passamaquoddy Tribe or Penobscot Nation who is eligible 
to obtain a state resident license under section 6301, subsection 1. 
9.  Political subdivision.  Nothing in this section may be construed to indicate that 
the Passamaquoddy Tribe or the Penobscot Nation is a political subdivision of the State. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill permits a member of the Penobscot Nation to engage in certain marine 
resources harvesting activities if that member holds a tribal license in the same manner as 
currently provided for members of the Passamaquoddy Tribe.