An Act To Provide for and Recognize the Right of the Houlton Band of Maliseet Indians To Fish for Marine Organisms
Maine Legislature, Session 126, LD 0953
Committee: Marine Resources
Sponsors: BEAR
Amends: 12 MRSA §6302-A

Legislative Document 
No. 953 
H.P. 666 
House of Representatives, March 12, 2013 
An Act To Provide for and Recognize the Right of the Houlton Band 
of Maliseet Indians To Fish for Marine Organisms 
Reference to the Committee on Marine Resources suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BEAR of the Houlton Band of Maliseet Indians. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6302-A, as amended by PL 2011, c. 598, §17, is further 
amended to read: 
§6302-A.  Taking of marine organisms by federally recognized Indian tribes in the 
State 
1.  Tribal exemption; commercial harvesting licenses.  A member of the 
Passamaquoddy Tribe, Penobscot Nation or, Aroostook Band of Micmacs or Houlton 
Band of Maliseet Indians 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, 
6602, 6701, 6702, 6703, 6731, 6745, 6746, 6748, 6748-A, 6748-D, 6751, 6803, 6804 or 
6808 to conduct activities authorized under the state license or permit if that member 
holds a valid license issued by the tribe, nation or band or the agent of the band to 
conduct the activities authorized under the state license or permit.  A member of the 
Passamaquoddy Tribe, Penobscot Nation or, Aroostook Band of Micmacs or Houlton 
Band of Maliseet Indians 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, nation or band: 
A.  May utilize lobster traps tagged with trap tags issued by the tribe, nation or band 
or the agent of the band in a manner consistent with trap tags issued pursuant to 
section 6431-B.  A member of the tribe, nation or band is not required to pay trap tag 
fees under section 6431-B if the tribe, nation or band or the agent of the band issues 
that member trap tags; 
B.  May utilize elver fishing gear tagged with elver gear tags issued by the tribe, 
nation or band or the agent of the band in a manner consistent with tags issued 
pursuant to section 6505-B.  A member of the tribe, nation or band is not required to 
pay elver fishing gear fees under section 6505-B if the tribe, nation or band or the 
agent of the band 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, Penobscot Nation or, 
Aroostook Band of Micmacs or Houlton Band of Maliseet Indians 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, nation or band or the 
agent of the band.  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, nation or band or the agent of the band.  The sustenance 
lobster license holder's traps must be tagged with sustenance use trap tags issued by 
the tribe, nation or band or the agent of the band 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, by the Penobscot Reservation Tribal 
Council or, by the Aroostook Band of Micmacs Tribal Council or its agent or by the 
Houlton Band of Maliseet Indians Tribal Council or its agent. 
For purposes of this subsection, "sustenance use" means all noncommercial consumption 
or noncommercial use by any person within Passamaquoddy Indian territory, as defined 
in Title 30, section 6205, subsection 1, Penobscot Indian territory, as defined in Title 30, 
section 6205, subsection 2, or Aroostook Band Trust Land, as defined in Title 30, section 
7202, subsection 2, or Houlton Band Trust Land, as defined in Title 30, section 6203, 
subsection 2-A, 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, Penobscot Nation or, Aroostook Band of 
Micmacs or Houlton Band of Maliseet Indians 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, Penobscot Nation or, 
Aroostook Band of Micmacs or Houlton Band of Maliseet Indians who takes a marine 
organism for sustenance use or for noncommercial use in a tribal ceremony.  A member 
of the Passamaquoddy Tribe, Penobscot Nation or, Aroostook Band of Micmacs or 
Houlton Band of Maliseet Indians 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, Penobscot Nation or, Aroostook Band of Micmacs or Houlton 
Band of Maliseet Indians 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, sea urchin, scallop and elver licenses; limitations.  Pursuant to 
subsection 1: 
A.  The Passamaquoddy Tribe and Penobscot Nation may each issue to members of 
its tribe or nation, as the case may be, up to 24 commercial lobster and crab fishing 
licenses in any calendar year, including all licenses equivalent to Class I, Class II or 
Class III licenses and student licenses, but not including apprentice licenses.  
Licenses issued under this paragraph are subject to the eligibility requirements of 
section 6421, subsection 5;  
A-1.  The Aroostook Band of Micmacs or its agent may issue to members of the band 
up to 10 commercial lobster and crab fishing licenses in any calendar year, including 
all licenses equivalent to Class I, Class II or Class III licenses and student licenses, 
but not including apprentice licenses.  Licenses issued under this paragraph are 
subject to the eligibility requirements of section 6421, subsection 5;  
A-2.  The Houlton Band of Maliseet Indians or its agent may issue to members of the 
band up to 25 commercial lobster and crab fishing licenses in any calendar year, 
including all licenses equivalent to Class I, Class II or Class III licenses and student 
licenses, but not including apprentice licenses.  Licenses issued under this paragraph 
are subject to the eligibility requirements of section 6421, subsection 5; 
B.  The Passamaquoddy Tribe may not issue to members of the tribe 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; 
C.  The commissioner shall adopt rules authorizing the Penobscot Nation to issue to 
members of the nation commercial sea urchin licenses if the commissioner 
determines that sea urchin resources are sufficient to permit the issuance of new 
licenses.  The commissioner may not authorize the Penobscot Nation to issue more 
than 24 commercial sea urchin licenses to members of the nation in any calendar 
year; 
C-1.  The commissioner shall adopt rules authorizing the Aroostook Band of 
Micmacs or its agent to issue to members of the band commercial sea urchin licenses 
if the commissioner determines that sea urchin resources are sufficient to permit the 
issuance of new licenses.  The commissioner may not authorize the Aroostook Band 
of Micmacs or its agent to issue more than 24 commercial sea urchin licenses to 
members of the band in any calendar year; 
C-2.  The commissioner shall adopt rules authorizing the Houlton Band of Maliseet 
Indians or its agent to issue to members of the band commercial sea urchin licenses if 
the commissioner determines that sea urchin resources are sufficient to permit the 
issuance of new licenses.  The commissioner may not authorize the Houlton Band of 
Maliseet Indians or its agent to issue more than 24 commercial sea urchin licenses to 
members of the band in any calendar year; 
D.  The Penobscot Nation may not issue to members of the nation more than 20 
commercial licenses for the taking of scallops in any calendar year, except that the 
commissioner shall by rule allow the Penobscot Nation to issue additional 
commercial licenses to members of the nation for the taking of scallops if the 
commissioner determines that scallop resources are sufficient to permit the issuance 
of new licenses;  
D-1.  The Aroostook Band of Micmacs or its agent may not issue to members of the 
band more than 10 commercial licenses for the taking of scallops in any calendar 
year, except that the commissioner shall by rule allow the Aroostook Band of 
Micmacs or its agent to issue additional commercial licenses to members of the band 
for the taking of scallops if the commissioner determines that scallop resources are 
sufficient to permit the issuance of new licenses; 
D-2.  The Houlton Band of Maliseet Indians or its agent may not issue to members of 
the band more than 10 commercial licenses for the taking of scallops in any calendar 
year, except that the commissioner shall by rule allow the Houlton Band of Maliseet 
Indians or its agent to issue additional commercial licenses to members of the band 
for the taking of scallops if the commissioner determines that scallop resources are 
sufficient to permit the issuance of new licenses; 
E.  The Penobscot Nation may not issue to members of the nation more than 8 50 
commercial licenses for the taking of elvers in any calendar year, except that the 
commissioner shall by rule allow the Penobscot Nation to issue additional 
commercial licenses to members of the nation for the taking of elvers if the 
commissioner determines that elver resources are sufficient to permit the issuance of 
new licenses; and 
F.  The Aroostook Band of Micmacs or its agent may not issue to members of the 
band more than 8 25 commercial licenses for the taking of elvers in any calendar 
year, except that the commissioner shall by rule allow the Aroostook Band of 
Micmacs or its agent to issue additional commercial licenses for the taking of elvers 
to members of the band if the commissioner determines that elver resources are 
sufficient to permit the issuance of new licenses.; and 
G.  The Houlton Band of Maliseet Indians or its agent may not issue to members of 
the band more than 25 commercial licenses for the taking of elvers in any calendar 
year, except that the commissioner shall by rule allow the Houlton Band of Maliseet 
Indians or its agent to issue additional commercial licenses to members of the band 
for the taking of elvers if the commissioner determines that elver resources are 
sufficient to permit the issuance of new licenses. 
The Passamaquoddy Tribe, Penobscot Nation, Aroostook Band of Micmacs, Houlton 
Band of Maliseet Indians and Department of Marine Resources shall report on the status 
of the sea urchin, scallop and elver fisheries to the joint standing committee of the 
Legislature having jurisdiction over marine resources matters by January 15th of each 
even-numbered year.  
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
4.  Sea urchin and scallop handfishing and tender licenses; limitations.  The 
Passamaquoddy Tribe, Penobscot Nation or, Aroostook Band of Micmacs or its agent or 
Houlton Band of Maliseet Indians or its agent 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, Penobscot Nation, Houlton Band of Maliseet Indians or 
Aroostook Band of Micmacs unless a copy of that member's tribal license or permit is 
filed with the commissioner by the tribal licensing agency or its agent or a tribal official 
in accordance with section 6027. 
6.  License suspension.  If a member of the Passamaquoddy Tribe, Penobscot 
Nation, Houlton Band of Maliseet Indians or Aroostook Band of Micmacs 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, Penobscot Nation, Houlton Band of Maliseet Indians or Aroostook Band of 
Micmacs 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, Penobscot Nation, Houlton Band of Maliseet Indians or 
Aroostook Band of Micmacs who is issued a license or permit pursuant to this section 
must be enforced pursuant to chapter 609.  A member of the Passamaquoddy Tribe, 
Penobscot Nation, Houlton Band of Maliseet Indians or Aroostook Band of Micmacs 
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, Penobscot Nation, Houlton Band of 
Maliseet Indians or Aroostook Band of Micmacs 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, the Penobscot Nation, the Houlton Band of Maliseet Indians or 
the Aroostook Band of Micmacs is a political subdivision of the State. 
10.  Agent.  For purposes of this section, an agent of the Aroostook Band of Micmacs 
is any entity authorized by the Aroostook Band of Micmacs Tribal Council to act on its 
behalf under this section and an agent of the Houlton Band of Maliseet Indians is any 
entity authorized by the Houlton Band of Maliseet Indians Tribal Council to act on its 
behalf under this section.  The Aroostook Band of Micmacs Tribal Council shall certify 
to the department any agent it has designated to act on its behalf under this section.  The 
Houlton Band of Maliseet Indians Tribal Council shall certify to the department any 
agent it has designated to act on its behalf under this section. 
SUMMARY 
This bill provides the Houlton Band of Maliseet Indians the same rights regarding the 
taking of marine organisms as are provided to the other federally recognized Indian tribes 
in this State, including the right to issue certain commercial licenses and permits for the 
taking of marine organisms and the right of members of the band to take, possess, 
transport and distribute marine organisms for sustenance and ceremonial uses.  The bill 
limits the number of lobster and crab fishing licenses issued by the band to 25, the 
number of sea urchin licenses to 24, the number of scallop licenses to 10 and the number 
of elver licenses to 25.  The bill also increases the number of elver licenses that may be 
issued by the Penobscot Nation to 50 and the number that may be issued by the 
Aroostook Band of Micmacs to 25.