An Act To Improve the Quality of the Data Used in the Management of Maine's Fisheries
Maine Legislature, Session 126, LD 0482
Committee: Marine Resources
Sponsors: MacDONALD, LANGLEY
Amends: 12 MRSA §6173, 12 MRSA §6301, 12 MRSA §6412, 12 MRSA §6421, 12 MRSA §6535, 12 MRSA §6748, 12 MRSA §6803, 12 MRSA §6803-A, 12 MRSA §6852

Legislative Document 
No. 482 
H.P. 332 
House of Representatives, February 14, 2013 
An Act To Improve the Quality of the Data Used in the Management 
of Maine's Fisheries 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MacDONALD of Boothbay. 
Cosponsored by Senator: LANGLEY of Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6173, sub-§1, as enacted by PL 2003, c. 170, §1, is amended 
to read: 
1.  Collection and reporting of statistics.  The commissioner may, with the advice 
and consent of the advisory council, adopt rules to collect pertinent data with respect to 
the fisheries, including, but not limited to, information regarding the type and quantity of 
fishing gear used, catch by species in numbers of fish or weight, areas in which fishing 
was conducted, time of fishing, number of hauls and the estimated processing capacity of, 
and the actual processing capacity utilized by United States fish processors.  The 
commissioner may collect statistics from any source and may require reporting of these 
statistics. The information collected by or reported to the commissioner is confidential 
and may not be disclosed in a manner or form that permits identification of any person or 
vessel, except when required by court order or when specifically permitted under this 
section.  The commissioner may share data collected under this section with the National 
Marine Fisheries Service or successor organization for research or fisheries management 
purposes, provided that as long as federal laws and regulations protect the confidentiality 
of the shared data.  The commissioner may share data collected under this section with 
the Bureau of Marine Patrol when necessary for the enforcement of reporting 
requirements under this section.  The commissioner shall adopt rules to carry out the 
purposes of this section.  Rules adopted under this section are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  12 MRSA §6301, sub-§6 is enacted to read: 
6.  Ownership identified.  If a license issued under chapter 625 is issued to a firm, 
corporation or partnership, the individual who owns the highest percentage of that firm, 
corporation or partnership must be identified on the license application.   When 2 or more 
individuals own in equal proportion the highest percentages of a firm, corporation or 
partnership, each of those owners must be identified. 
Sec. 3.  12 MRSA §6412 is enacted to read: 
§6412.  Suspension of license or certificate for failure to comply with reporting 
requirements 
1.  Authority to suspend.  The commissioner may suspend a license or certificate 
issued under this Part if the license holder fails to comply with reporting requirements 
authorized pursuant to section 6173. If a license is suspended, the suspension remains in 
effect until the person is in compliance with reporting requirements, receives notice from 
the department stating that the person is in compliance with the reporting requirements 
and pays a $25 administrative fee to the department; the suspension is then rescinded, and 
the person's eligibility to obtain or hold a license is reinstated. 
2.  Process for suspension for failing to comply with weekly reporting.  If the 
commissioner determines that a person who holds a license or certificate under this Part 
has failed to submit reports in accordance with the time frame established in rules 
adopted pursuant to section 6173, the commissioner shall notify the person at the phone 
number provided in the license application and by e-mail if an address is provided.  If the 
license holder has not resolved all reporting deficiencies within the 2 days following the 
reporting deadline established in rule, the commissioner shall notify the person at the 
phone number provided in the license application, and by e-mail if an address is provided, 
that if the person has not complied within an additional 2 days, that person's license is 
suspended.  If the person has not complied within the additional 2 days, the commissioner 
shall mail notice of the suspension by first-class mail.  The notice of the suspension is 
deemed received and the suspension in effect 3 days after it has been sent. 
3.  Process for suspension for failing to comply with monthly reporting.  If the 
commissioner determines that a person who holds a license or certificate under this Part 
has failed to submit reports in accordance with the time frame established in rules 
adopted pursuant to section 6173, the commissioner shall notify the person at the phone 
number provided in the license application, and by e-mail if an address is provided, and 
by first-class mail.  If the license holder has not resolved all reporting deficiencies within 
the 30 days following the deadline established in rule, the commissioner shall notify the 
person at the phone number provided in the license application, and by e-mail if an 
address is provided, and by first-class mail that if the person has not complied within an 
additional 15 days, that person's license is suspended.  If the person has not complied 
within the additional 15 days, the commissioner shall mail notice of the suspension by 
first-class mail.  The notice of the suspension is deemed received and the suspension in 
effect 3 days after it has been sent. 
Sec. 4.  12 MRSA §6421, sub-§3-A, ¶¶B and C, as amended by PL 1995, c. 
568, §1, are further amended to read: 
B.    A Class II license authorizes the license holder to engage in the licensed 
activities under subsection 2.  A Class II license holder may engage one unlicensed 
crew member to assist in the licensed activities under the direct supervision of the 
Class II license holder, except that an unlicensed crew member may not sell lobsters 
or crabs. 
C.    A Class III license authorizes the license holder to engage in the licensed 
activities under subsection 2.  A Class III license holder may engage 2 unlicensed 
crew members to assist in the licensed activities under the direct supervision of the 
Class III license holder, except that an unlicensed crew member may not sell lobsters 
or crabs. 
Sec. 5.  12 MRSA §6535, sub-§2, as repealed and replaced by PL 2009, c. 561, 
§21, is amended to read: 
2.  Licensed activity.  A person licensed under this section may tend divers who 
harvest sea urchins and scallops by hand and operate a boat as a platform for the 
harvesting of sea urchins and scallops by hand and may possess, ship, and transport and 
sell sea urchins and scallops harvested by licensed harvesters the tender has tended.  A 
sea urchin and scallop diving tender license does not authorize the holder to harvest sea 
urchins and scallops or to sell the harvested product.  As used in this subsection, "tend" 
means to assist the diver in any way, to operate a boat as a platform for harvesting or to 
cull or otherwise handle the harvested product. 
As long as one person present on a boat engaged as a platform for the harvesting of sea 
urchins and scallops by hand has met the tender safety requirements adopted by rule 
pursuant to section 6533, all other persons present on the boat may operate the boat or 
engage in culling activities or otherwise handle the harvested product.  An individual who 
engages in harvesting activities in accordance with a license issued under section 6701 or 
6748 may not be considered as the person who has met the tender safety requirements 
adopted by rule pursuant to section 6533. 
Sec. 6.  12 MRSA §6748, sub-§2, as repealed and replaced by PL 2009, c. 561, 
§28, is amended to read: 
2.  Licensed activity.  The holder of a handfishing sea urchin license may take sea 
urchins by hand or possess, ship, or transport or sell sea urchins taken by that licensee.  
An unlicensed person acting as a tender for an individual licensed under subsection 4, 
paragraph B, in accordance with subsection 1-A, may possess, ship, and transport and sell 
sea urchins the handfishing sea urchin license holder has taken. A person may not act as a 
tender under subsection 4, paragraph B unless that person has met the tender safety 
requirements adopted by rule pursuant to section 6533. 
Sec. 7.  12 MRSA §6803, sub-§1, as amended by PL 2003, c. 452, Pt. F, §23 and 
affected by Pt. X, §2, is further amended to read: 
1.  Permit required.  Except as provided in subsections 1-A and 2, a person an 
individual may not harvest, possess, ship, transport or sell seaweed without a current: 
A.    Resident seaweed permit; or 
B.    Nonresident seaweed permit. 
Sec. 8.  12 MRSA §6803, sub-§2, ¶¶A and B, as enacted by PL 1989, c. 523, 
§2, are repealed. 
Sec. 9.  12 MRSA §6803, sub-§2, ¶C, as amended by PL 2001, c. 421, Pt. B, §50 
and affected by Pt. C, §1, is further amended to read: 
C.  A person An individual who harvests, possesses, ships or transports no more than 
pounds of seaweed a day for noncommercial purposes; 
Sec. 10.  12 MRSA §6803, sub-§5, as enacted by PL 2001, c. 421, Pt. B, §50 and 
affected by Pt. C, §1, is amended to read: 
5.  Violation.  A person An individual who violates this section commits a civil 
violation for which a forfeiture fine of not less than $100 nor more than $500 may be 
adjudged. 
Sec. 11.  12 MRSA §6803-A, sub-§1, as amended by PL 2009, c. 561, §30, is 
further amended to read: 
1.  License required.  A seaweed buyer's license is required for a person who 
purchases more than 10 wet tons or an equivalent number of dry tons annually seaweed 
for resale directly from seaweed harvesters holding a permit under section 6803.  A 
person may not engage in the activities authorized under this section without a current 
seaweed buyer's license. 
Sec. 12.  12 MRSA §6852, sub-§§1, 2 and 4, as amended by PL 2011, c. 598, 
§44, are further amended to read: 
1.  License required.  A person may not engage in the activities authorized under 
this section buy, sell, transport, ship or serve a marine organism in the retail trade without 
a retail seafood license issued under this Part authorizing the activities. 
2.  License activity.  The holder of a retail seafood license may, in the retail trade, 
buy, sell, transport, ship or serve:  
A.  Shellstock if Any marine organism, except that any shellstock must be bought 
from a wholesale seafood license holder certified under section 6856; and 
D.  Crayfish; or. 
E.  Lobsters. 
A holder of a retail 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 retail seafood license holder’s request. 
4.  Fee.  The fee for a retail seafood license under subsection 1 is $122 $100.  The fee 
for an enhanced retail certificate under subsection 2-A is $28 and must be deposited in 
the Shellfish Fund under section 6651. 
SUMMARY 
This bill makes a number of changes to various aspects of the Department of Marine 
Resources landings program with regard to reporting requirements.  It allows the 
Commissioner of Marine Resources to share confidential landings data with the 
Department of Marine Resources, Bureau of Marine Patrol when necessary for reporting 
enforcement purposes.  It requires majority shareholders in corporate entities to identify 
themselves so that noncompliant wholesale and retail license holders would not be able to 
incorporate under a new business name and continue operating without remedying their 
noncompliance.  It authorizes the commissioner to suspend licenses for noncompliance 
with reporting requirements in order to ensure effective catch monitoring and assess an 
administrative fee if licenses are suspended.  It prevents unlicensed crew members on 
lobster or crab fishing boats and scallop and sea urchin diving tenders from selling any 
catch and limits selling to certain licensed harvesters.  It expands the seaweed buyer's 
license to include anyone buying seaweed for resale and removes the ability of marine 
worm and wholesale seafood dealers to harvest seaweed without a license.  Finally, it 
expands the requirement to hold a retail license for the sale of all marine organisms 
instead of just lobster, crayfish and shellstock.