An Act To Amend the Limited-entry Program for Taking Lobsters in the Monhegan Lobster Conservation Area
Maine Legislature, Session 125, LD 1709
Committee: Marine Resources
Sponsors: WEAVER
Amends: 12 MRSA §6421, 12 MRSA §6422, 12 MRSA §6448, 12 MRSA §6472, 12 MRSA §6473, 12 MRSA §6474, 12 MRSA §6475, 12 MRSA §6476

Legislative Document 
No. 1709 
H.P. 1261 
House of Representatives, December 23, 2011 
An Act To Amend the Limited-entry Program for Taking Lobsters 
in the Monhegan Lobster Conservation Area 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WEAVER of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6421, sub-§5, ¶C, as corrected by RR 2001, c. 2, Pt. A, §14, 
is amended to read: 
C.  Meets the requirements of the apprentice program under section 6422 or section 
6475; or 
Sec. 2.  12 MRSA §6422, sub-§4, as amended by PL 1999, c. 281, §1 and c. 490, 
§3, is repealed. 
Sec. 3.  12 MRSA §6448, sub-§8, ¶A, as amended by PL 2007, c. 204, §8, is 
further amended to read: 
A.   A person who is under 18 years of age who successfully completed the 
requirements of the apprentice program under section 6422 or 6475 and who 
submitted documentation of completion of the apprentice program to the department 
before attaining 18 years of age may declare any zone as that person's declared 
lobster zone as long as the individual has met all apprentice program rules that may 
have been adopted in that zone. 
Sec. 4.  12 MRSA §6448, sub-§8, ¶E, as enacted by PL 2009, c. 294, §1, is 
amended to read: 
E.  A person who has either successfully completed the requirements of the 
apprentice program under section 6422 or 6475 or held a Class I, Class II or Class III 
lobster and crab fishing license in the previous calendar year and who has registered 
to enter an established island limited-entry program as described under section 6449 
may declare as that person's declared lobster zone the zone in which that island 
limited-entry program is located when the person becomes eligible to enter the island 
limited-entry program. 
Sec. 5.  12 MRSA §6472, sub-§3, as enacted by PL 2007, c. 219, §2, is amended 
to read: 
3.  Trap limit.  The commissioner shall establish by rule a trap limit for the open 
season established pursuant to subsection 2. The trap limit may not exceed 475 for the 
open season established pursuant to subsection 2 is 400 traps per individual registered to 
obtain Monhegan Lobster Conservation Area trap tags under section 6474. 
A.  Before establishing or amending the trap limit under this subsection, the 
commissioner shall determine the trap limit preferred by 2/3 of the individuals 
registered to obtain Monhegan Lobster Conservation Area trap tags under section 
6474.  The commissioner may accept the preferences proposed by 2/3 of the 
registrants as reasonable and adopt those preferences or reject the preferences as 
unreasonable.  The commissioner shall consult with the lobster management policy 
council for Zone D before making this decision. 
B.  In adopting rules under this subsection, the commissioner is not required to hold a 
public hearing on the rules pursuant to Title 5, section 8052. 
C.  A person may not petition the commissioner pursuant to Title 5, section 8055 for 
the adoption or modification of a rule establishing the trap limit in the Monhegan 
Lobster Conservation Area. 
D.  Notwithstanding any provisions to the contrary, the commissioner may adopt 
rules under this subsection without the advice and consent of the Marine Resources 
Advisory Council. Rules adopted pursuant to this subsection are routine technical 
rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 6.  12 MRSA §6473, sub-§2, as enacted by PL 2005, c. 239, §7, is repealed 
and the following enacted in its place: 
2.  Exceptions.  The following exceptions apply to a person registered for Monhegan 
Lobster Conservation Area trap tags under section 6474. 
A.  Notwithstanding subsection 1, a person registered for Monhegan Lobster 
Conservation Area trap tags may serve as a crew member to assist in the licensed 
activities under the direct supervision of a Class I, Class II or Class III lobster and 
crab fishing license holder outside the Monhegan Lobster Conservation Area. 
B.  Notwithstanding subsection 1, a person registered for Monhegan Lobster 
Conservation Area trap tags who holds a federal lobster permit with a Lobster 
Management Area 3 designation may fish for or take lobsters from Lobster 
Management Area 3, as identified in the Atlantic States Marine Fisheries 
Commission Interstate Fishery Management Plan for American Lobster. 
Sec. 7.  12 MRSA §6474, sub-§3, as enacted by PL 1997, c. 574, §4, is repealed. 
Sec. 8.  12 MRSA §6474, sub-§4, as enacted by PL 1997, c. 574, §4, is amended 
to read: 
4.  Trap tag eligibility.  Except as provided under subsection 5, the commissioner 
may not issue Monhegan Lobster Conservation Area trap tags to a person after July 31, 
1999 unless that person: 
A.  Registered with the commissioner to purchase Monhegan Lobster Conservation 
Area trap tags for the prior open season, documents to the commissioner that the 
person harvested lobsters from the Monhegan Lobster Conservation Area in the prior 
open season and registers with the commissioner during the period between June 26th 
and August 1st immediately following the prior open season for Monhegan Lobster 
Conservation Area trap tags for the subsequent open season; 
B.  Registered with the commissioner to purchase Monhegan Lobster Conservation 
Area trap tags for the prior open season, documents to the commissioner that that 
person did not harvest lobsters from the Monhegan Lobster Conservation Area in the 
prior open season because of an illness or medical condition and registers with the 
commissioner during the period between June 26th and August 1st immediately 
following the prior open season for Monhegan Lobster Conservation Area trap tags 
for the subsequent open season; or 
C.  Becomes registered for trap tag registration pursuant to section 6475 Meets the 
requirements of section 6448, subsection 8, paragraph E to enter a limited-entry 
program established for Monhegan Island pursuant to section 6449 and registers for 
Monhegan Lobster Conservation Area trap tags. 
Sec. 9.  12 MRSA §6474, sub-§6, as enacted by PL 1997, c. 574, §4, is amended 
to read: 
6.  Limit on number of registrants.  The total number of individuals registered to 
obtain Monhegan Lobster Conservation Area trap tags may not exceed the number of 
individuals initially eligible pursuant to subsection 3, paragraphs A, B and C 17. 
Sec. 10.  12 MRSA §6474, sub-§7, ¶A, as enacted by PL 1997, c. 574, §4, is 
repealed. 
Sec. 11.  12 MRSA §6474, sub-§9 is enacted to read: 
9.  Exception.  Notwithstanding subsection 1, a person may submerge a lobster trap 
in the Monhegan Lobster Conservation Area that does not have a trap tag designated for 
use in the Monhegan Lobster Conservation Area if that person holds a noncommercial 
lobster and crab fishing license issued pursuant to section 6421, subsection 1, paragraph F 
and does not otherwise hold a lobster and crab fishing license. 
Sec. 12.  12 MRSA §6475, as amended by PL 2007, c. 219, §§3 and 4, is further 
amended to read: 
§6475.  New participants 
1.  New participants.  A person who is not registered to obtain Monhegan Lobster 
Conservation Area trap tags may obtain trap tags if that person becomes registered for 
Monhegan Lobster Conservation Area trap tags pursuant to this section. 
A.  The If a Monhegan Island limited-entry program is established pursuant to section 
6449, the commissioner shall maintain a registry of persons who have completed the 
Monhegan Lobster Conservation Area apprenticeship under paragraph B waiting list 
of persons who have requested a Monhegan Island limited-entry lobster and crab 
fishing license.  Each person included in the registry must be listed chronologically 
according to the time and date the commissioner received a validated log book under 
paragraph B. 
B.  A person fulfills the time requirements of a Monhegan Lobster Conservation Area 
apprenticeship if, after November 30, 1998, that person serves for 200 fishing days 
during a minimum period of 24 months in the Monhegan Lobster Conservation Area 
on a vessel operated by a Monhegan Lobster Conservation Area trap tag registrant 
who agrees to sponsor that person as an apprentice.  For the purposes of this 
subsection, a "fishing day" means 5 hours or more in a calendar day of lobster-
fishing-related activity.  The commissioner shall administer the apprenticeship 
pursuant to rules adopted under section 6422 regarding an apprentice log book and 
educational courses.  A person completes a Monhegan Lobster Conservation Area 
apprenticeship upon presentation to the commissioner of a validated log book that 
documents that person meets the requirements of this paragraph. 
C.  A person listed in the registry on the waiting list under paragraph A may register 
for Monhegan Lobster Conservation Area trap tags if: 
(1)  That person possesses a Class I, Class II or Class III lobster and crab fishing 
license; 
(2)  That person has been listed in the registry longer than all other persons listed; 
and 
(3)  A person registered for trap tags in an open season does not register to obtain 
trap tags for the subsequent open season under section 6474, subsection 4, 
paragraph A or B.  The commissioner has established that the number of 
individuals registered to fish in the Monhegan Lobster Conservation Area for the 
upcoming season is less than the allowable number of registrants established 
pursuant to section 6474, subsection 6. 
The commissioner shall by August 15th notify a person who becomes eligible for 
registration under this paragraph.  If that person does not register with the 
commissioner within 30 days, that person becomes ineligible for registration and the 
commissioner shall immediately notify the next individual who has been listed for the 
longest period of time in the registry on the waiting list.  That individual must register 
within 30 days. 
2.  Registration in later years.  A person who registers for Monhegan Lobster 
Conservation Area trap tags under subsection 1 must follow the provisions of section 
6474, subsection 4, paragraph A or B to register for trap tags for each subsequent open 
season. 
3.  License requirements; apprenticeship.  License requirements for an 
apprenticeship in the Monhegan Lobster Conservation Area are as follows. 
A.  A person who does not possess a Class I, Class II or Class III lobster and crab 
fishing license must possess an apprentice license issued under section 6421 to be an 
apprentice in the Monhegan Lobster Conservation Area.  The waiver provisions of 
the apprentice program under section 6422, subsection 4 do not apply to an 
apprentice in the Monhegan Lobster Conservation Area. 
B.  A person who possesses a Class I, Class II or Class III lobster and crab fishing 
license is not required to possess an apprentice license issued under section 6421 to 
be an apprentice in the Monhegan Lobster Conservation Area. 
4.  Issuance of commercial lobster license.  A person who does not possess a Class 
I, Class II or Class III lobster and crab fishing license may be issued a Class I, Class II or 
Class III lobster and crab fishing license upon completion of the apprenticeship under 
subsection 1, paragraph B. 
5.  Registrants exiting the Monhegan Lobster Conservation Area.  A person who 
is registered to fish within the Monhegan Lobster Conservation Area and who no longer 
wishes to fish there may exit the area at the end of the registration period established in 
this section in the following manner: 
A.  A person who has been registered for a period of not less than 5 open seasons and 
who can document to the commissioner that that person has harvested lobsters in 
each of 5 open seasons may exit the Monhegan Lobster Conservation Area and fish 
elsewhere in Zone D without going on a waiting list as established in section 6448. 
B.  A person who has been registered for a period of less than 5 open seasons or who 
cannot document to the commissioner that that person harvested lobsters in at least 5 
open seasons may exit the Monhegan Lobster Conservation Area and become eligible 
to fish elsewhere in Zone D if that person complies with the waiting list requirement 
established in accordance with section 6448. 
Sec. 13.  12 MRSA §6476, as enacted by PL 1997, c. 574, §4, is amended to read: 
§6476.  Former registrants 
A person whose registration to obtain Monhegan Lobster Conservation Area trap tags 
has lapsed may be listed in the registry on the waiting list under section 6475, subsection 
1, paragraph A and may purchase trap tags if the person becomes registered pursuant to 
section 6475, subsection 1, paragraph C.  A person included in the registry on the waiting 
list pursuant to this subsection must be listed chronologically according to the time and 
date the commissioner received written notification from that person requesting that 
person be listed in the registry on the waiting list. 
SUMMARY 
This bill changes the limited-entry program for taking lobsters in the Monhegan 
Lobster Conservation Area, including by: 
1.  Limiting the number of traps per registered individual to 400; 
2.  Allowing a person who holds a federal lobster permit and Monhegan Lobster 
Conservation Area trap tags to take lobsters from Lobster Management Area 3, as 
identified by the Atlantic States Marine Fisheries Commission; 
3.  Limiting the number of individuals that may be registered to obtain Monhegan 
Lobster Conservation Area trap tags to 17; 
4.  Allowing a person who does not hold a Monhegan Lobster Conservation Area trap 
tag to fish for lobster in the Monhegan Lobster Conservation Area as long as that person 
holds a noncommercial lobster and crab fishing license but does not hold a commercial 
lobster and crab fishing license; 
5.  Requiring the Commissioner of Marine Resources to maintain a waiting list of 
persons who have requested but not obtained a Monhegan Island limited-entry lobster and 
crab fishing license, instead of a registry of persons who have completed the Monhegan 
Lobster Conservation Area apprenticeship program as in current law.  Persons on the 
waiting list may obtain Monhegan Lobster Conservation Area trap tags as they become 
available; and 
6.  Eliminating the Monhegan Lobster Conservation Area apprenticeship program.