An Act To Expand the Authority of Lobster Management Policy Councils To Address Entry into Lobster Management Zones and To Create a Temporary Medical Allowance
Maine Legislature, Session 126, LD 1544
Committee: Marine Resources
Sponsors: KUMIEGA
Amends: 12 MRSA §6447, 12 MRSA §6448, 12 MRSA §6449, 12 MRSA §6450

Legislative Document 
No. 1544 
H.P. 1113 
House of Representatives, May 20, 2013 
An Act To Expand the Authority of Lobster Management Policy 
Councils To Address Entry into Lobster Management Zones and To 
Create a Temporary Medical Allowance 
(EMERGENCY) 
Reference to the Committee on Marine Resources suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative KUMIEGA of Deer Isle.  (GOVERNOR'S BILL) 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, immediate enactment of this legislation is necessary in order for it to be 
effective in time to assist lobster and crab fishing licensees who require the temporary 
medical allowance for this coming fishing 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 §6447, sub-§5-D, as amended by PL 2007, c. 615, §10, is 
further amended to read: 
5-D.   Council authority; under 18 waiting list.  Notwithstanding any other 
provision in this subchapter and upon approval in a referendum under subsection 6, a 
lobster management policy council in a limited-entry zone may propose to the 
commissioner that the limitation described in this subsection be placed on entry by 
individuals into that zone in accordance with rules adopted by the department.   
This limitation would require that the number of individuals who are authorized to be 
issued a lobster and crab fishing license that identifies a limited-entry zone as the 
declared lobster zone without meeting the requirements of section 6448, subsection 4, in 
accordance with section 6448, subsection 8, paragraph A, be limited to the number of 
new zone entrants who enter that zone in accordance with section 6448, subsection 7 7-A.  
This limitation may not be applied to a person who is under 18 years of age and lives on a 
year-round basis on an island within the coastal waters that is not connected to the 
mainland by any artificial structure. 
The commissioner shall maintain a waiting list of individuals who have identified the 
limited-entry zone as their declared lobster zone in accordance with section 6448, 
subsection 8, paragraph A.  For the purposes of this subsection, an individual on a waiting 
list maintained by the commissioner does not need to meet the eligibility requirements of 
section 6421, subsection 5-A in order to purchase a student license. 
The commissioner may establish by rule procedures to implement this subsection. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 2.  12 MRSA §6448, sub-§2, as amended by PL 2007, c. 204, §§4 to 6, is 
further amended to read: 
2.  Rules for limited-entry zones.  The commissioner may adopt rules establishing 
limits on new zone entrants to a lobster management zone.  These rules must be adopted 
in accordance with this subsection. 
A.    After conducting a written survey in the zone, a lobster management policy 
council may propose to the commissioner an exit ratio to limit new zone entrants to 
the zone.  The lobster management policy council is not required to submit the 
proposal to referendum and the proposed exit ratio does not need to receive approval 
through the survey in order to be forwarded to the commissioner. 
A-1.  A lobster management policy council may recommend to the commissioner 
whether the exit ratio adopted for a lobster management zone should be applied to the 
number of licenses that are not renewed or to the number of trap tags associated with 
the licenses that are not renewed.  The lobster management policy council is not 
required to submit the recommendation to referendum. 
B.    The commissioner may initiate rulemaking under this subsection only upon 
receipt of a proposal under paragraph A or a recommendation under paragraph A-1.  
The commissioner shall hold a public hearing on the proposed rules pursuant to Title 
5, section 8052.  The public hearing must be held in the zone in which the rules 
would apply and the results of the written survey regarding the exit ratio must be 
entered into the record. 
C.   In accordance with subsection 7 7-A, the commissioner shall adopt rules that 
establish an exit ratio between the number of trap tags retired by individuals who 
declared that zone as their declared lobster zone in the year prior to the previous 
calendar year, but who did not declare that zone as their declared lobster zone in the 
previous calendar year, and the number of trap tags issued to new zone entrants 
authorized under subsection 7.  An exit ratio established by rule under this subsection 
is not required to be the same as the exit ratio proposed by the lobster management 
policy council. either: 
(1)  The number of trap tags retired by individuals who declared that zone as their 
declared lobster zone in the year prior to the previous calendar year, but who did 
not declare that zone as their declared lobster zone in the previous calendar year, 
and the number of trap tags issued to new zone entrants authorized under 
subsection 7-A; or 
(2)  The number of individuals who declared that zone as their declared lobster 
zone in the year prior to the previous calendar year, but who did not declare that 
zone as their declared lobster zone in the previous calendar year, and the number 
of new zone entrants authorized under subsection 7-A. 
An exit ratio established by rule under this subsection is not required to be the same 
as the exit ratio proposed by the lobster management policy council. 
D.    Upon written notification from the lobster management policy council that a 
majority of the council has voted to conduct a survey in a zone regarding a proposal 
for an exit ratio to limit new zone entrants to the zone, the commissioner shall close 
the zone to new zone entrants until the commissioner either adopts rules under this 
subsection or declares that the commissioner will not initiate rulemaking under this 
subsection.  In no event may the zone remain closed for longer than one year unless 
the commissioner has adopted rules establishing limits on new zone entrants to the 
zone.  This paragraph does not apply to surveys conducted in accordance with 
subsection 10. 
E.  When a lobster management policy council proposes to the commissioner a 
change in the exit ratio established under paragraph C and a new exit ratio is adopted 
by rule under this subsection, the commissioner shall allow individuals who meet the 
following conditions to enter the zone in accordance with the previously existing exit 
ratio: 
(1)  The individual has completed the requirements of the apprenticeship program 
established under section 6422 by the date the commissioner receives written 
notification from the lobster management policy council that a majority of the 
council has voted to conduct a survey pursuant to paragraph D; and 
(2)  The individual's name is listed on the waiting list maintained under 
subsection 6 by the date the commissioner receives written notification from the 
lobster management policy council that a majority of the council has voted to 
conduct a survey pursuant to paragraph D. 
This paragraph does not apply when the methodology by which new entrants are 
calculated is changed from trap tags to licenses or when an exit ratio based on the 
number of trap tags retired is adopted, in accordance with paragraph C, for the first 
time in a lobster management zone. 
F.    When a lobster management policy council proposes to the commissioner to 
establish an exit ratio for the first time to limit new zone entrants under paragraph A, 
it may also propose to the commissioner a provision to exempt from the exit ratio, 
upon completion of the apprentice program, an individual who has completed at least 
92% of the hours required and at least 92% of the days required by the apprentice 
program established under section 6422 by the date the commissioner receives 
written notification from the lobster management policy council pursuant to 
paragraph D. 
Sec. 3.  12 MRSA §6448, sub-§4, ¶B, as enacted by PL 1999, c. 508, §3, is 
amended to read: 
B.  Is authorized as a new zone entrant by the commissioner pursuant to subsection 7 
7-A to declare that zone as the person's declared lobster zone. 
Sec. 4.  12 MRSA §6448, sub-§7, as amended by PL 2007, c. 204, §7, is repealed. 
Sec. 5.  12 MRSA §6448, sub-§7-A is enacted to read: 
7-A.  Authorization of new zone entrants.  The commissioner shall determine by 
February 1st of each licensing year the number of new zone entrants that may be 
authorized for each limited-entry zone.  The number of new zone entrants authorized in a 
licensing year must be in accordance with the exit ratio established under subsection 2 for 
that zone.  The commissioner may adopt rules consistent with subsection 2, paragraph B 
to implement this subsection.  Upon adoption of rules, the exit ratio must be used to 
establish the number of new zone entrants in accordance with subsection 2, paragraph C 
by: 
A.  Dividing the number of trap tags that may be issued to new zone entrants by the 
zone trap limit under section 6431-A.  The number of new zone entrants must be 
rounded down to the nearest whole number and the remaining trap tags carried over 
to the following year's allocation; or 
B.  Applying the exit ratio to the number of individuals who declared that zone as 
their declared lobster zone in the year prior to the previous calendar year, but who did 
not declare that zone as their declared lobster zone in the previous calendar year. 
The commissioner shall authorize new zone entrants in chronological order of requests 
received under subsection 5. The commissioner shall notify the authorized new zone 
entrants by certified mail. If a person does not declare a zone within 30 days after 
receiving the notification by certified mail, that person must be taken off the waiting list 
and the next person on the list must be authorized as a new zone entrant. If a person has 
indicated a request for more than one zone pursuant to subsection 5, that person must be 
taken off the waiting list for the 2nd zone when the person declares one of the zones as 
that person's declared lobster zone after being authorized to do so. If a person who holds a 
current Class I, Class II or Class III lobster and crab fishing license is authorized as a new 
zone entrant and declares the zone as that person's declared lobster zone, the 
commissioner shall change the zone identified on that person's license to the limited-entry 
zone for which the person is authorized. 
Sec. 6.  12 MRSA §6448, sub-§8, as amended by PL 2011, c. 486, §§3 and 4, is 
further amended to read: 
8.  Exceptions.  Notwithstanding subsection 4, the following persons may be issued a 
Class I, Class II or Class III lobster and crab fishing license that identifies a limited-entry 
zone as the declared lobster zone without meeting the requirements in subsection 4. 
A.   A person who is under 18 years of age who successfully completed the 
requirements of the apprentice program under section 6422 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. 
B.  A person who is issued a Class I, Class II or Class III lobster and crab fishing 
license on appeal pursuant to section 6310, subsection 2, paragraph A, subparagraph 
(1) or (2) may declare as that person's declared lobster zone the zone in which the 
person was authorized to fish a majority of that person's lobster traps in the most 
recent year in which the person held a license. 
C.  A person who is issued a Class I, Class II or Class III lobster and crab fishing 
license pursuant to section 6421, subsection 5, paragraph D may declare as that 
person's declared lobster zone the zone in which the person was authorized to fish a 
majority of that person's lobster traps in the most recent year in which the person held 
a license. 
D.  A person who is issued a Class I, Class II or Class III lobster and crab fishing 
license and is 70 years of age or older may declare any zone as that person’s declared 
lobster zone. 
E.  A person who has either successfully completed the requirements of the 
apprentice program under section 6422 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. 
The trap tags or license issued to a person who declares a limited-entry zone as that 
person's declared lobster zone pursuant to this subsection may not be counted for the 
purposes of the exit ratio or the number of new zone entrants that may be authorized for 
that zone. 
Sec. 7.  12 MRSA §6448, sub-§10, as enacted by PL 2007, c. 204, §9, is repealed. 
Sec. 8.  12 MRSA §6449, sub-§1, as enacted by PL 2009, c. 294, §2, is amended 
to read: 
1.  Proposal to the commissioner.  Notwithstanding section 6448, subsection 7 7-A, 
a year-round island community may petition the commissioner for the establishment of an 
island limited-entry zone program if a minimum of 5 island residents that are holders of a 
Class I, Class II or Class III lobster and crab fishing license or 10% of the island residents 
that are holders of a Class I, Class II or Class III lobster and crab fishing license, 
whichever is greater, signs the petition submitted to the commissioner.  If 2/3 of the Class 
I, Class II or Class III lobster and crab fishing license holders that are residents on the 
island voting in a referendum held pursuant to section 6447, subsection 6 support the 
establishment of an island limited-entry zone program, the commissioner may adopt rules 
to establish such a program, including a waiting list. Before establishing or amending the 
number of licenses available to island residents, the commissioner shall determine the 
number of licenses preferred by 2/3 of the Class I, Class II or Class III lobster and crab 
fishing license holders resident on the island. The commissioner may accept the 
preferences proposed by 2/3 of the license holders as reasonable and adopt those 
preferences or reject the preferences as unreasonable. The commissioner shall consult 
with the lobster management policy council for the lobster management zone in which 
the island is located before making the decision. 
Sec. 9.  12 MRSA §6450 is enacted to read: 
§6450.  Temporary medical allowance 
1.  Temporary medical allowance.  Notwithstanding section 6421, upon request the 
commissioner may issue a temporary medical allowance that permits an individual to fish 
under the authority of the license of a Class I, Class II or Class III lobster and crab fishing 
license holder but not under the license holder's direct supervision if the following criteria 
are met: 
A.  The individual who will be fishing has successfully completed an apprentice 
program under section 6422; 
B.  The individual who will be fishing is the child or spouse of the individual who 
holds the Class I, Class II or Class III lobster and crab fishing license; 
C.  The holder of the Class I, Class II or Class III lobster and crab fishing license is 
unable to use that license due to a substantial illness or medical condition.  The 
holder of the Class I, Class II or Class III lobster and crab fishing license shall 
provide the commissioner with documentation from a physician describing the illness 
or other medical condition; and 
D.  The holder of the Class I, Class II or Class III lobster and crab fishing license 
documents to the commissioner that the license holder harvested lobsters within one 
year prior to the request for the temporary medical allowance. 
A temporary medical allowance may not exceed one year.  A request for a temporary 
medical allowance must be in writing and must specify the dates for which the temporary 
medical allowance is requested.  The holder of the Class I, Class II or Class III lobster 
and crab fishing license on which the temporary medical allowance is based must 
maintain a valid license during the duration of the temporary medical allowance.   The 
holder of the Class I, Class II or Class III lobster and crab fishing license is liable for the 
activities of the individual fishing under the temporary medical allowance. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill expands the authority of lobster management policy councils to allow them 
to make a recommendation to the Commissioner of Marine Resources regarding the 
methodology used to calculate the number of new entrants into a lobster management 
zone.  Under existing law, the calculation is based on the number of trap tags retired; this 
bill would allow a council to recommend using the number of licenses retired instead.  
The bill also creates a temporary medical allowance so that when a parent or spouse 
holding a lobster and crab fishing license is unable to fish due to a medical condition, a 
child or spouse of the license holder who has completed the apprentice program may 
operate under the license for a limited duration of up to one year.