An Act To Cap Certain Marine Resources Licenses Issued by the Passamaquoddy Tribe
Maine Legislature, Session 126, LD 0451
Committee Amendment CA_A_H8 (House)
Amends: 12 MRSA §6302-A

COMMITTEE AMENDMENT "A" to H.P. 301, L.D. 451, Bill, "An Act To Cap 
Certain Marine Resources Licenses Issued by the Passamaquoddy Tribe" 
Amend the bill by striking out the title and substituting the following: 
'An Act Relating to Certain Marine Resources Licenses' 
Amend the bill by striking out everything after the title and before the summary and 
inserting 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 elver fishing season begins March 22, 2013, and changes made to 
elver fishing licensing regulations by this legislation must be made prior to the beginning 
of this 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 §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 
1. 
Tribal exemption; commercial harvesting licenses. 
A member of the 
Passamaquoddy Tribe, Penobscot Nation or Aroostook Band of Micmacs 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, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 301, L.D. 451 
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 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. 
A member of the Houlton Band of Maliseet Indians who is a resident of the State is not 
required to hold an elver fishing license under section 6505-A to conduct activities 
authorized under that license if that member holds a valid license issued by the band or 
the agent of the band to conduct the activities authorized under that license. A member of 
the Houlton Band of Maliseet Indians issued a tribal license pursuant to this subsection is 
subject to all laws and rules applicable to a person who holds an elver fishing license 
issued under section 6505-A and to all the provisions of chapter 625, except that the 
member of the band may utilize elver fishing gear tagged with elver fishing gear tags 
issued by the band or the agent of the band in a manner consistent with tags issued 
pursuant to section 6505-B. A member of the Houlton Band of Maliseet Indians is not 
required to pay elver fishing gear fees under section 6505-B if the band or the agent of 
the band issues that member elver fishing gear tags. 
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 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to H.P. 301, L.D. 451 
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 
Councilor by the Aroostook Band of Micmacs Tribal Councilor 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 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 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 
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 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 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-I. 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; 
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; 
COMMITTEE AMENDMENT 
"'" o~ ~ COMMITTEE AMENDMENT "A" to H.P. 301, L.D. 451 
I 
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-l. 
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; 
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-l. 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 Passamaquoddy Tribe may not issue to members of the tribe more than 20 
commercial licenses for the taking of scallops in any calendar year, except that the 
commissioner shall by rule allow the Passamaquoddy Tribe to issue additional 
commercial licenses to members of the tribe 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 
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; aa6 
E-l. The Passamaquoddy Tribe may not issue to members of the tribe commercial 
licenses for the taking of elvers in any calendar year that exceed the following limits: 
(1) One hundred twenty-four licenses that allow the taking of elvers with one 
piece of gear only, consisting of either an elver fyke net or a dip net; 
(2) An additional 26 licenses that allow the taking of elvers with 2 pieces of 
gear, consisting of an elver fyke net and a dip net; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 301, L.D. 451 
(3) An additional 50 limited licenses that allow the taking of elvers only in the 
St. Croix River and only with a dip net; 
F. The Aroostook Band of Micmacs or its agent may not issue to members of the 
band more than 8 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 commercial licenses for the taking of elvers in any calendar year that exceed 
the following limits: 
(1) Eight licenses that allow the taking of elvers with an elver fyke net only; and 
(2) Eight licenses that allow the taking of elvers with a dip net only. 
The commissioner shall by rule allow the Houlton Band of Maliseet Indians 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. 
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 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 fish(:s 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 Ma1iseet 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 301, L.D. 451 
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 u!!der this section. 
11. Renewal of licenses. If a holder of a license issued under this section fails to 
provide information required under section 6173, the license may not be renewed until 
the holder complies with the requirements of that section. 
Sec. 2. 12 MRS A §6505-A, suh-§2-B, as enacted by PL 2011, c. 549, §4, is 
amended to read: 
2-B. Elver lotteries. The commissioner shall establish a dual lottery system under 
which the number of pieces of gear authorized does not exceed the number of pieces of 
gear authorized as of December 31, 2011, except that beginning in 2013 that number 
must be increased to include an additional 25 dip nets. 
A. 
The commissioner shall establish an elver gear lottery under which gear 
authorizations for use under a license issued under subsection 1 that is not renewed 
become available to other license holders in the elver gear lottery. 
(1) The elver gear lottery must be held on or before February 15th of each 
calendar year beginning in 2013. 
COMMITTEE AMENDMENT 
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o~ ~ COMMITTEE AMENDMENT ,A "to H.P. 301, L.D. 451 
(2) In order to be eligible for the elver gear lottery, a person must hold an elver 
fishing license pursuant to subsection 1 and must have authorization to use only a 
dip net. 
(3) In order to be eligible for the elver gear lottery, a person must submit to the 
Commissioner of Marine Resources a lottery application together with a $25 
nonrefundable application fee no later than January 15th for the lottery to be held 
by the following February 15th. 
(4) A person may submit no more than one elver gear lottery application per 
lottery year. 
(5) 
A person selected in the elver gear lottery must relinquish a dip net 
authorization that person holds in exchange for authorization to use an elver fyke 
net. 
B. The commissioner shall establish an elver fishing license lottery under which a 
person who did not hold an elver fishing license in the previous calendar year may 
become eligible to obtain that license. The number of persons issued licenses under 
this paragraph may not exceed the number of individual gear authorizations 
remaining after the elver gear lottery. 
(1) The elver fishing license lottery must take place after the elver gear lottery. 
(2) The elver fishing license lottery must be held on or before February 15th of 
each calendar year beginning in 2013. 
(3) In order to be eligible for the elver fishing license lottery, a person must 
submit a lottery application together with a $25 nonrefundable application fee no 
later than January 15th of the same calendar year as the lottery. 
(4) 
A person may submit no more than one elver fishing license lottery 
application per lottery year. 
The commissioner shall adopt rules no later than December 31, 2012 to implement the 
elver gear lottery and the elver fishing license lottery. The rules must include provisions 
for the method and administration of the lotteries. The elver gear lottery must be set up so 
that gear authorizations associated with a license that is not renewed go into the elver 
gear lottery. If a person who held a license that is not renewed has 2 authorized pieces of 
gear, the gear authorizations must be divided and made available to 2 lottery entrants. 
Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A. 
Application fees collected under this subsection must be deposited in the Eel and Elver 
Management Fund established in section 6505-D. 
Sec. 3. 
MRS A §6505-A, sub-§3, as amended by PL 1999, c. 7, §3, is 
repealed. 
Sec. 4. Additional lottery. Notwithstanding the provisions of the Maine Revised 
Statutes, Title 12, section 6505-A, subsection 2-B, paragraph A, subparagraph (1), for the 
2013 elver fishing season the Commissioner of Marine Resources shall reopen the 2013 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A "to H.P. 301, L.D. 451 
elver gear lottery to make available the additional 25 dip nets required to be made 
available in 2013 under Title 12, section 6505-A, subsection 2-B. 
Sec. 5. Examination of elver fishery; report. The Commissioner of Marine 
Resources shall examine the elver fishery, including harvesting levels and fishery 
management plans affecting the elver fishery proposed or adopted by the Atlantic States 
Marine Fisheries Commission, and, consistent with the commissioner's findings from the 
examination, shall develop recommendations for any appropriate modifications of the 
State's regulation of elver fishing, including licensing and gear use. 
In undertaking the examination under this section, the commissioner, pursuant to the 
Maine Revised Statutes, Title 12, section 6173, shall collect and analyze pertinent 
information regarding elver fishing, including pertinent information regarding elver 
fishing by persons issued tribal licenses under Title 12, section 6302-A. 
As soon as practicable after making findings from the examination conducted under 
this section, the commissioner shall discuss with representatives of the Passamaquoddy 
Tribe, the Penobscot Nation, the Aroostook Band of Micmacs and the Houlton Band of 
Maliseet Indians those findings and shall seek through such discussions to develop a 
mutually agreeable structure for elver fishing licensing by those tribes. 
No later than January 1, 2014, the commissioner shall provide to the Joint Standing 
Committee on Marine Resources a report of the commissioner's findings and 
recommendations under this section, including a summary of the commissioner's 
discussions with representatives of the Passamaquoddy Tribe, the Penobscot Nation, the 
Aroostook Band of Micmacs and the Houlton Band of Maliseet Indians seeking to 
develop a mutually agreeable structure for elver fishing licensing by those tribes. The 
report must include any draft legislation necessary to implement the commissioner's 
recommendations. The Joint Standing Committee on Marine Resources may report out a 
bill to the Second Regular Session of the 126th Legislature relating to the subject matter 
of the commissioner's report. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment makes the following changes to the bill. 
1. It provides that the Passamaquoddy Tribe may not issue to members of the tribe 
commercial licenses for the taking of elvers in any calendar year that exceed the 
following limits: 
A. One hundred twenty-four licenses that allow the taking of elvers with one piece of 
gear only, consisting of either an elver fyke net or a dip net; 
B. An additional 26 licenses that allow the taking of elvers with 2 pieces of gear, 
consisting of an elver fyke net and a dip net; and 
C. An additional 50 limited licenses that allow the taking of elvers only in the St. 
Croix River and only with a dip net. 
COMMITTEE AMENDMENT 
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2. It provides that the Houlton Band of Maliseet Indians may issue to members of the 
band commercial licenses for the taking of elvers, as long as in any calendar year the 
number of licenses issued does not exceed 8 licenses that allow the taking of elvers with 
an elver fyke net only and 8 licenses that allow the taking of elvers with a dip net only, 
except as otherwise permitted by the Commissioner of Marine Resources by rule. 
3. It provides that an additional 25 dip nets must be made available through an 
additional Department of Marine Resources state elver gear lottery for the 2013 elver 
fishing season. 
4. It directs the commissioner to examine the elver fishery, including harvesting 
levels and fishery management plans affecting the elver fishery proposed or adopted by 
the Atlantic States Marine Fisheries Commission, and, consistent with the commissioner's 
findings from the examination, to develop recommendations for modifications of the 
State's regulation of elver fishing, including licensing and gear use. The commissioner is 
also directed to discuss with representatives of the Passamaquoddy Tribe, the Penobscot 
Nation, the Aroostook Band of Micmacs and the Houlton Band of Maliseet Indians the 
findings from the commissioner's examination and to seek through such discussions to 
develop a mutually agreeable structure for elver fishing licensing by those tribes. No 
later than January I, 2014, the commissioner is directed to provide to the Joint Standing 
Committee on Marine Resources a report of the commissioner's findings and 
recommendations, including any draft legislation necessary to implement the 
commissioner's recommendations. The Joint Standing Committee on Marine Resources is 
authorized to report out a bill to the Second Regular Session of the 126th Legislature 
relating to the subject matter of the commissioner's report. 
5. It adds an emergency preamble and emergency clause to the bill. 
For clarity, the amendment reallocates, but retains the substance of, the provision of 
the bill that provides that the Passamaquoddy Tribe may not issue to members of the tribe 
more than 20 commercial licenses for the taking of scallops in any calendar year, except 
as otherwise permitted by the commissioner by rule. 
The amendment also retains the provision of the bill that provides that if a holder of a 
tribal commercial fishing license fails to provide information required under Title 12, 
section 6173, the license may not be renewed until the holder complies with the 
requirements of that section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03114113 
~ac 
LD451 
LR 466(02) 
An Act To Cap Certain Marine Resources Licenses Issued by the Passamaquoddy Tribe 
Fiscal Note for Bill as Amended by Committee Amendment A" (J..I-8) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Marine Resources associated with examining the elver fishery, developing 
recommendations for any appropriate modifications to the state's regulation of elver fishing and reporting the results 
can be absorbed within existing budgeted resources. 
LR0466(02) - Fiscal Note - Page 1 of 1