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 Amendment CA_A_H225 (House)
Amends: 12 MRSA §6302-A

COMMITTEE AMENDMENT "A" to H.P. 666, L.D. 953, Bill, "An Act To 
Provide for and Recognize the Right of the Houlton Band of Maliseet Indians To Fish for 
Marine Organisms" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §6302-A, sub-§I, as amended by PL 2013, c. 8, §1, is further 
amended to read: 
1. 
Tribal exemption; commercial harvesting licenses. 
A member of the 
Passamaquoddy Tribe, Penobscot Nation ffi\ 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 ef~ 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A "to H.P. 666, L.D. 953 
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 HOMltoR BaRS of Ma:liseet IRsiaRs WHO is a resiseRt of tHe State is ROt 
reqMires to Hold aR elver fiSHiRg lieeRse MRser seetioR 6505 A to eORsuet aetiyities 
aMtHorizes MRser tHat lieeRse if tHat member Hoiss a '"alis lieeRse issMes by tHe baRS or 
tHe ageRt of tHe baRd to eORsMet tHe aetiyities autHorizes uRser tHat lieeRse. A member of 
the HOMltoR BaRS of Maliseet lRsiaRs issMes a tribal lieeRse pursMaRt to this subseetioR is 
subjeet to all laws aRs rules applieable to a persoR WHO Hoiss aR elver fiSHiRg lieeRse 
issued uRder seetioR 6505 A aRd to all the proyisions of ehapter 625, exeept that tHe 
member of the baRd may utilize elver fishiRg gear tagged with eilier fishing gear tags 
issued by the baRS or the agent of the baRS iR a maRRer eORsisteRt vlitfl tags issues 
pl:lrsl:laRt to seetioR 6505 B. A member of tHe HOl:llton BaRd of MaHseet IndiaRS is ROt 
reql:lired to pay elv:er fiSHiRg gear fees l:lHder seetioR 6505 B if the baRd or the ageRt of 
tHe band issl:les that member elver fiSHing gear tags. 
Sec. 2. 12 MRSA §6302-A, sub-§2, as amended by PL 2011, c. 598, §17, is 
further amended to read: 
2. Tribal exemption; sustenance or ceremonial tribal use. Notwithstanding any 
other provision of law, a member of the Passamaquoddy Tribe, Penobscot Nation er~ 
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 643l-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 er~ by the Aroostook Band of Micmacs Tribal Councilor 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, er 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A .. to H.P. 666, L.D. 953 
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 Sf~ 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 Sf, 
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 Sf, 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 Sf, 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. 
Sec. 3. 12 MRS A §6302-A, sub-§3, ~~A-2, C-2 and D-3 are enacted to read: 
A-2. The Houlton Band of Maliseet Indians 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 1, 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; 
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-3. The Houlton Band ofMaliseet 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; 
Sec. 4. 12 MRSA §6302-A, sub-§4, as amended by PL 2011, c. 598, § 17, is 
further amended to read: 
4. Sea urchin and scallop handfishing and tender licenses; limitations. The 
Passamaquoddy Tribe, Penobscot Nation Sf, 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 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT 'A "to H.P. 666, L.D. 953 
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.' 
SUMMARY 
This amendment replaces the bill and 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 amendment limits the number of lobster and crab 
fishing licenses issued by the band to 10, the number of sea urchin licenses to 24 and the 
number of scallop licenses to 10. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/1 0/13 ;tvac. 
LD953 
LR 1965(02) 
An Act To Provide for and Recognize the Right of the Houlton Band of Maliseet Indians To Fish for 
Marine Organisms 
Fiscal Note for Bill as Amended by Committee Amendment A' L ~ -J, as) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - General Fund 
Minor revenue decrease - Other Special Revenue Funds 
Fiscal Detail and Notes 
This bill allows the Houlton Band of Maliseet Indians to issue certain marine resources licenses to its members and 
would result in a minor reduction of General Fund and Other Special Revenue Funds revenue to the Department of 
Marine Resources not requiring any change to the budget. 
LR1965(02) - Fiscal Note - Page 1 of 1