An Act To Make Technical Changes to Marine Resources Laws
Maine Legislature, Session 126, LD 1604
Committee Amendment CA_A_H682 (House)
Amends: 12 MRSA §6455, 12 MRSA §6535, 12 MRSA §6702, 12 MRSA §6703, 12 MRSA §6, 12 MRSA §6864

COMMITTEE AMENDMENT "A" to H.P. 1176, L.D. 1604, Bill, "An Act To 
Make Technical Changes to Marine Resources Laws" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the 2014 elver fishing season begins at noon on March 22, 2014, and this 
legislation makes changes to the elver fishing licensing laws that need to take effect in 
time for the 2014 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,' 
Amend the bill by striking out all of section 1. 
Amend the bill in section 5 in §6407 by striking out all of subsection 1 (page 1, lines 
and 23 in L.D.) and inserting the following: 
'I. 
Conviction or adjudication. 
A judgmeRt of guilt shall be eORsidered a A 
conviction of a crime is considered a conviction and an adjudication of a civil violation is 
considered an adjudication during the pendency of appeal;' 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. 12 MRSA §6455, sub-§5-A, ~~B, C and D, as enacted by PL 2013, c. 
309, §2, are amended to read: 
B. For the year 2014 the surcharges are, for: 
( 1) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, 
$55.25; 
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COMMITTEE AMENDMENT·A "to H.P. 1176, L.D. 1604 
(2) Class II lobster and crab fishing licenses, $110.50, except that for license 
holders 70 years of age or older the surcharge is $55; 
(3) Class III lobster and crab fishing licenses, $160.75, except that for license 
holders 70 years of age or older the surcharge is $80; 
(4) Nonresident lobster and crab landing pennits, ~ 
$160.75; 
(5) Wholesale seafood licenses with lobster penn its if the license holders hold no 
supplemental wholesale seafood licenses with lobster pennits, or lobster 
transportation licenses if the license holders hold no supplemental lobster 
transportation licenses, $400; 
(6) 
Supplemental wholesale seafood licenses with lobster permits or 
supplemental lobster transportation licenses as follows: 
(a) Six hundred dollars for up to 2 supplemental wholesale seafood licenses 
with lobster pennits or supplemental lobster transportation licenses; 
(b) Eight hundred dollars for 3 to 5 supplemental wholesale seafood licenses 
with lobster pennits or supplemental lobster transportation licenses; and 
(c) One thousand dollars for 6 or more supplemental wholesale seafood 
licenses with lobster pennits or supplemental lobster transportation licenses; 
and 
(7) 
Lobster processor licenses, $333 if less than 1,000,000 pounds of raw 
product is processed, and $1,333 if 1,000,000 pounds or more of raw product is 
processed. 
C. For the year 2015 the surcharges are, for: 
(I) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, 
$110.25; 
(2) Class II lobster and crab fishing licenses, $220.50, except that for license 
holders 70 years of age or older the surcharge is $110; 
(3) Class III lobster and crab fishing licenses, $320.75, except that for license 
holders 70 years of age or older the surcharge is $160; 
(4) Nonresident lobster and crab landing pennits, $&W $320.75; 
(5) Wholesale seafood licenses with lobster pennits if the license holders hold no 
supplemental wholesale seafood licenses with lobster pennits, or lobster 
transportation licenses if the license holders hold no supplemental lobster 
transportation licenses, $800; 
(6) 
Supplemental wholesale seafood licenses with lobster pennits or 
supplemental lobster transportation licenses as follows: 
(a) One thousand two hundred dollars for up to 2 supplemental wholesale 
seafood licenses with lobster permits or supplemental lobster transportation 
licenses; 
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"to H.P. 1176, L.D. 1604 
(b) One thousand six hundred dollars for 3 to 5 supplemental wholesale 
seafood licenses with lobster permits or supplemental lobster transportation 
licenses; and 
(c) Two thousand dollars for 6 or more supplemental wholesale seafood 
licenses with lobster permits or supplemental lobster transportation licenses; 
and 
(7) 
Lobster processor licenses, $666 if less than 1,000,000 pounds of raw 
product is processed, and $2,666 if 1,000,000 pounds or more of raw product is 
processed. 
D. For the years 2016 to 2018 the surcharges are, for: 
(1) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, 
$165.25; 
(2) Class II lobster and crab fishing licenses, $330.50, except that for license 
holders 70 years of age or older the surcharge is $165; 
(3) Class III lobster and crab fishing licenses, $480.75, except that for license 
holders 70 years of age or older the surcharge is $240; 
(4) Nonresident lobster and crab landing permits, $-l--,m $480.75; 
(5) Wholesale seafood licenses with lobster permits if the license holders hold no 
supplemental wholesale seafood licenses with lobster permits, or lobster 
transportation licenses if the license holders hold no supplemental lobster 
transportation licenses, $1,200; 
(6) 
Supplemental wholesale seafood licenses with lobster permits or 
supplemental lobster transportation licenses as follows: 
(a) One thousand eight hundred dollars for up to 2 supplemental wholesale 
seafood licenses with lobster permits or supplemental lobster transportation 
licenses; 
(b) Two thousand four hundred dollars for 3 to 5 supplemental wholesale 
seafood licenses with lobster permits or supplemental lobster transportation 
licenses; and 
(c) Three thousand dollars for 6 or more supplemental wholesale seafood 
licenses with lobster permits or supplemental lobster transportation licenses; 
and 
(7) Lobster processor licenses, $1,000 if less than 1,000,000 pounds of raw 
product is processed, and $4,000 if 1,000,000 pounds or more of raw product is 
processed. 
Sec. 7. 12 MRSA §6535, sub-§2, ~~A and B, as enacted by PL 2013, c. 282, 
§5, are amended to read: 
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COMMITTEE AMENDMENT 'A "to H.P. 1176, L.D. 1604 
A. A diving tender licensed under this section may not sell sea urchins or scallops 
unless the person: 
(1) Sells sea urchins or scallops to a purchaser who holds a valid wholesale 
seafood license with a sea urchin buyer's permit or a valid wholesale seafood 
license with a sea urchin processor's permit or a valid retail seafood license or 
sells scallops to a purchaser who holds a valid wholesale seafood license or a 
valid retail seafood license; and 
(2) Provides to the purchaser the name and license number of the license holder 
with whom the person was engaged when the sea urchins or scallops were 
harvested. 
B. A holder of a wholesale seafood license, a wholesale seafood license with a sea 
urchin buyer's permit or a wholesale seafood license with a sea urchin processor's 
permit or a retail seafood license who purchases scallops or sea urchins from a diving 
tender licensed under this section may not purchase the sea urchins or scallops except 
by check or cashier's check unless there is a written receipt associated with the 
transaction, and the holder of a wholesale seafood license, a wholesale seafood 
license with a sea urchin buyer's permit or a wholesale seafood license with a sea 
urchin processor's permit or a retail seafood license who purchases scallops or sea 
urchins from a licensed diving tender shall report the information provided by the 
person under paragraph A, subparagraph (2) in accordance with section 6173. 
Sec. S. 12 MRSA §6702, sub-§4, as amended by PL 2013, c. 301, §15, is further 
amended to read: 
4. Personal use exception. In anyone day, a person licensed pursuant to section 
6703 may take or possess not more than one bushel 1 112 bushels of shell scallops or one 
gallon of shucked scallops for personal use without a scallop dragging license under this 
section. 
Sec. 9. 12 MRSA §6703, sub-§3, as amended by PL 2013, c. 301, §16, is further 
amended to read: 
3. License limitation; quantity. In anyone day, the holder of a noncommercial 
scallop license may not take or possess more than one bushel 1 112 bushels of shell 
scallops or one gallon of shucked scallops. 
Sec. 10. 12 MRSA §6S0S, sub-§4, as amended by PL 2009, c. 229, §19, is 
further amended to read: 
4. Exemptions. Notwithstanding subsection 1, a license is not required to fish for, 
take, possess or transport green crabs for personal use if the green crabs are taken by a 
method exempted under section 6501, subsection 3, paragraph A. A municipality or the 
holder of an aquaculture lease or license that harvests green crabs under authorization 
from the department is not required to have a commercial green crab only license as long 
as the harvesting of green crabs occurs under supervision of the municipality or the 
holder of an aquaculture lease or license. Notwithstanding subsection 1, any individual 
licensed to fish for lobster and crab pursuant to section 6421, subsection 1, paragraph A, 
B, C or E may also fish for or take green crabs and possess, ship, transport or sell green 
crabs that the license holder has taken. In accordance with section 6853, the holder of a 
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COMMITTEE AMENDMENT ,A" to H.P. 1176, L.D. 1604 
marine worm dealer's license is not required to have a commercial green crab only license 
to buy, possess, ship, transport or sell green crabs for a purpose other than for human 
consumption. In accordance with section 6851, the holder of a wholesale seafood dealer's 
license is not required to have a commercial green crab only license to buy, possess, ship, 
transport or sell green crabs.' 
Amend the bill by inserting after section 7 the following: 
'Sec. 8. 12 MRS A §6851, sub-§2, as amended by PL 2011, c. 598, §41, is further 
amended to read: 
2. 
License activities. 
The holder of a wholesale seafood license may, in the 
wholesale or retail trade: 
A. Within or beyond the state limits, buy, sell, process, ship or transport any marine 
species or their parts, except lobsters and sea urchins and shrimp purchased directly 
from harvesters; 
B. Within or beyond the state limits, buy, sell, shuck, pack, ship or, within the state 
limits, transport fresh or frozen shellfish, except lobsters, to the extent these activities 
are expressly authorized by a shellfish certificate issued under section 6856; ef 
D. Buy, sell, process, ship or, within the state limits, transport crayfish~; and 
E. Within or beyond the state limits, buy, possess, ship, transport or sell green crabs 
without a commercial green crab only license issued under section 6808. 
A holder of a wholesale seafood license when buying directly from a harvester may buy 
only from a harvester who possesses the license or permit for that species as required 
under this Part. The harvester shall make the applicable marine resources license or 
permit available for inspection upon the wholesale seafood license holder's request.' 
Amend the bill by inserting after section 8 the following: 
'Sec. 9. 12 MRS A §6853, as amended by PL 2009, c. 213, Pt. G, §39 and c. 478, 
§4, is further amended to read: 
§6853. Marine worm dealer's license; green crab authorizations 
1. License required. A person may not engage in the activities authorized under 
this section without a current: 
A. Marine worm dealer's license; 
B. Supplemental marine worm dealer's license; or 
C. Other license issued under this Part authorizing the activities. 
2. 
Licensed activity. The holder of a marine worm dealer's license may buy, 
possess, ship, transport or sell marine worms. The holder of a marine worm dealer's 
license may also buy, possess, ship, transport or sell green crabs for a purpose other than 
for human consumption without a commercial green crab only license issued under 
section 6808. 
3. License limited, A license authorizes these activities at only one establishment or 
with only one vehicle. 
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COMMITTEE AMENDMENT 'A" to H.P. 1176, L.D. 1604 
4. 
Supplemental license. A supplemental license must be obtained for each 
additional establishment or vehicle. 
5. Eligibility. The marine worm dealer's license is a resident license. 
6. 
Fee. The fee for a marine worm dealer's license is $64 and the fee for a 
supplemental license is $26. 
7. Violation. A person who violates this section commits a civil violation for which 
a forfeiture of not less than $100 nor more than $500 may be adjudged. 
A holder of a license required under this section when buying marine worms directly 
from a harvester may buy only from a harvester who possesses a marine worm digger's 
license under section 6751, and when buying green crabs from a harvester may buy only 
from a harvester who possesses a commercial green crab only license issued under 
section 6808. The harvester shall make the marine worm digger's license or commercial 
green crab only license available for inspection upon the license holder's request. 
Sec. 10. 12 MRSA §6864, sub-§I-A, as enacted by PL 2013, c. 301, §20, is 
amended to read: 
1-A. Limits on issuance. The department may not issue an elver dealer's license or 
a supplemental license for the following licensing year after February 1 st of the current 
licensing year. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds an emergency preamble and clause to the bill. 
This amendment amends a provision in the bill to clarify that a conviction of a .crime 
is considered a conviction and an adjudication of a civil violation is considered an 
adjudication during the pendency of appeal. 
The amendment lowers the license surcharge for a nonresident lobster and crab 
landing permit beginning in 2014. 
The amendment clarifies that licensed diving tenders may sell scallops to a wholesale 
seafood license holder regardless of whether the license holder holds a sea urchin buyer's 
or processor's permit. 
The amendment adjusts the amount of shell scallops permitted in the personal use 
exemption in the scallop licensing laws from one bushel to 1 112 bushels. 
The amendment allows the holder of a marine worm dealer's license and a wholesale 
seafood dealer's license to purchase and sell green crabs without a green crab only 
license. It also authorizes a holder of a Class I, Class II, Class III, or student lobster and 
crab fishing license to fish for or take green crabs without a commercial green crab only 
license and to sell green crabs without a commercial green crab only license. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A "to H.P. 1176, L.D. 1604 
Finally, the amendment sets February 1st as the deadline for issuing an elver dealer's 
license for the current licensing year. Currently, the law sets February 1st of the current 
year as the deadline for issuing an elver dealer's license for the following licensing year. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/05/14 frae 
LD 1604 
LR2540(02) 
An Act To Make Technical Changes to Marine Resources Laws 
Fiseal Note for Bill as Amended by Committee Amendment it, (I-t -lo~ J-) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - Other Special Revenue Funds 
The bi11lowers fiscal year 2014, fiscal year 2015 and fiscal years 2016 through 2018 surcharges for nonresident 
lobster and crab landing permits from $425 to $160.75, $850 to $320.75 and $1,275 to $480.75 respectively. This biP 
lowers fees for commercial green crab only licenses from $38 to $10 for residents and from $76 to $20 for 
nonresidents. The bill allows the holder of a marine worm dealer's license to buy, possess, ship, transport or sell green 
crabs for non-human consumption purposes without a commercial green crab only license. The Department of Marine 
Resources has indicated that very few of these permits and licenses are currently sold and that lowering the price 
should increase the number sold, offsetting most of the fee reductions. 
LR2540(02) - Fiscal Note - Page 1 of 1