An Act To Preserve Marine Resources Licenses for Active Duty Service Members
Maine Legislature, Session 126, LD 1448
Committee Amendment CA_A_S267 (Senate)
Amends: 12 MRSA §6310, 12 MRSA §6310-A, 12 MRSA §63, 12 MRSA §6311-A

COMMITTEE AMENDMENT "A " to S.P. 530, L.D. 1448, Bill, "An Act To 
Preserve Marine Resources Licenses for Active Duty Service Members" 
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, there are military personnel being discharged that would like to take 
advantage of the provisions regarding licensure in this legislation for the upcoming 
commercial fishing seasons; and 
Whereas, the relevant fisheries are limited entry fisheries and waiting for a new 
license could take several years; 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 §6310, as amended by PL 2011, c. 266, Pt. A, §§3 and 4, is 
further amended to read: 
§6310. Appeal of license denial; illness or medical condition 
1. Appeal of license denial. A person who is denied a Class I, Class II or Class III 
lobster and crab fishing license because that person does not meet the eligibility 
requirements of section 6421, subsection 5, paragraph A; a person who is denied a 
handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking 
and trapping license because that person does not meet the eligibility requirements of 
section 6749-0, subsection 2-A; or a person who is denied a hand fishing scallop license 
or a scallop dragging license because that person does not meet the eligibility 
COMMITTEE AMENDMENT 
~~. 
~. 
COMMITTEE AMENDMENT "An to S.P. 530, L.D. 1448 
requirements of section 6706, subsection 2 may appeal to the commissioner under this 
section for a review of that license denial. 
2. Criteria for license issuance on appeal. The commissioner may issue a license 
on appeal only if the criteria in this subsection are met. 
A. A Class I, Class II or Class III lobster and crab fishing license may be issued to a 
person on appeal only if: 
(I) A substantial illness or medical condition on the part of the person or a 
family member prevented that person from meeting the eligibility requirements 
for a license in 1997, 1998 or 1999, and the person documents that the person 
harvested lobsters while in possession of a Class I, Class II or Class III lobster 
and crab fishing license within one year prior to the onset of the illness or 
medical condition. 
The person shall provide the commissioner with 
documentation from a physician describing the illness or other medical condition. 
A person may not request an appeal under this subparagraph after December 31, 
2001; or 
(2) A substantial illness or medical condition on the part of the person or a 
family member prevented that person from meeting the eligibility requirements 
for a license in licensing year 2000 or in subsequent years, and the person 
documents that the person harvested lobsters while in possession of a Class I, 
Class II or Class III lobster and crab fishing license within one year prior to the 
onset of the illness or medical condition. 
The person shall provide the 
commissioner with documentation from a physician describing the illness or 
other medical condition. 
A person must request an appeal under this 
subparagraph within one year of the onset of the illness or medical conditiont-ef~ 
(3) Serviee ia the Uaited States Anned Forees or the Uaited States Coast Guard 
pre eluded that persoa from partieipatiag is the lobster fishery aHd meetiag the 
eligibility requiremeats for a lieease, aaa the persoa aoeumeats that the persoa 
harvested lobsters while ia possessioa of a Class I, Class II or Class III lobster 
aHa erab fishiag lieease withia oae year prior to eateriag the serviee. The persoa 
may aot have served for more thaH 6 soaseeutiv:e years siaee the most res eat year 
ia vlhish the persoa hela a lisease, aHa the persoa BlUst hlWe beea hoaoraely 
aiseharged from serviee. 
A persoa must request aa appeal Haaer this 
subparagraph vt'ithia oae year of dissharge from serviee. 
B. 
A handfishing sea urchin license, a sea urchin dragging license or a sea urchin 
hand-raking and trapping license may be issued to a person on appeal only if: 
(1) A substantial illness or medical condition on the part of the person or a 
family member prevented that person from meeting the eligibility requirements 
for that license, and the person documents that the person harvested sea urchins 
while in possession of the same license within one year prior to the onset of the 
illness or medical condition. The person shall provide the commissioner with 
documentation from a physician describing the illness or other medical condition. 
A person must request an appeal under this subparagraph within one year of the 
onset of the illness or medical conditiont-ef~ 
COMMITTEE AMENDMENT 
~. 
~fb. 
COMMITTEE AMENDMENT 74::' to S.P. 530, L.D. 1448 
(2) Service in the Un-itt,d States Affiled Forces or the United States Coast Guard 
flrecluded that flerson from flarticiflating in the urchin fishery and meeting the 
eligibility reqHirements for that license and the person documents that the flerson 
harvested sea Hrohins while if! possession of the same license ","ithin one year 
prior to entering the service. The person may not have served for more than 6 
consecHti'le years since the most recent year in which the person held a license, 
and the person mHst have been honorably discharged from seFvice. A person 
must request an appeal Hnder this subparagraph within one year of discharge 
from service. 
C. A hand fishing scallop license or a scallop dragging license may be issued to a 
person on appeal only if: 
(1) A substantial illness or medical condition on the part of the person or a 
family member preventl~d that person from meeting the eligibility requirements 
for that license, and the person documents that the person harvested scallops 
while in possession of the same license within one year prior to the onset of the 
illness or medical condition. The person shall provide the commissioner with 
documentation from a physician describing the illness or other medical condition. 
A person must request an appeal under this subparagraph within one year of the 
onset of the illness or m(:dical condition-;-or~ 
(2) Service in the United States Affiled Forces or the United States Coast Guard 
precluded that person from participating in the scallop fishery and meeting the 
eligibility requirements for that license, and the person documents that the person 
harvested scallops v/hilel in possession of the same license vlithin one year prior 
to entering the service. 
The person may not hEl-ve served for more than 6 
consecutive years since the most recent year in which the person held a license, 
afld the person Iffi:lst have been honorably discharged from service. i'L person 
Iffi:lst request an appeal Hnder this subparagraph v/ithin one year of discharge 
from sePlice. 
For the purposes of this subsection, "family member" means a spouse, brother, sister, son-
in-law, daughter-in-law, parent by blood, parent by adoption, mother-in-law, father-in-
law, child by blood, child by adoption, stepchild, stepparent, grandchild or grandparent. 
3. Appeals process. A person appealing a license denial under this section must 
request the appeal in writing. The commissioner shall hold a hearing on the appeal if a 
hearing is requested in writing within 10 days of the initial request for appeal. If a hearing 
is requested, it must be held within 30 days of the request unless a longer period is 
mutually agreed to in writing, and it must be conducted in the Augusta area. 
A hearing held under this subsection is informal. At the hearing, the appellant may 
present any evidence concerning the criteria listed in subsection 2 that might justify 
issuing a license to the person, and the commissioner may request any additional 
information the commissioner considers necessary. Any medical information provided as 
part of the appeal is a confidential record for the purposes of Title 1, section 402, 
subsection 3, paragraph A. 
COMMITTEE AMENDMENT 
". 
c:t. co· 
COMMITTEE AMENDMENT:A" to S.P. 530, L.D. 1448 
4. Issuance on appeal. Issuance of a license on appeal is at the discretion of the 
commissioner, except that a license may not be issued unless the criteria in subsection 2 
are met. Decisions of the commissioner must be in writing. 
Sec.2. 12 MRSA §6310-A is enacted to read: 
§6310-A. Appeal of license denial; Armed Forces or Coast Guard service 
1. Appeal of license denial. A person who is denied a license for a limited entry 
fishery because that person does not meet the eligibility requirements due to service in the 
United States Armed Forces or the United States Coast Guard precluding that person 
from participating in the fishery may appeal to the commissioner under this section for a 
review of that license denial. A license may be granted by the commissioner under this 
section only if the person: 
A. Documents that the person harvested the relevant species while in possession of a 
fishing license for that species within one year prior to entering the service; 
B. Has not served for more than 10 consecutive years since the most recent year in 
which the person held a license; 
C. Has not been dishonorably discharged from service; and 
D. Requests an appeal under this section within one year of discharge from service. 
Notwithstanding paragraphs Band D, a license may be granted to a person pursuant to 
this section who is actively serving in the United States Armed Forces or the United 
States Coast Guard for a period of more than 10 consecutive years as long as the person 
pays a license fee for each year beyond those 10 years. 
2. Limited entry fishery. 
For purposes of this section, "limited entry fishery" 
means a fishery in which licenses are limited to individuals who have held a license in the 
previous year or a fishery that is otherwise restricted by a limited entry system. 
3. Appeals process. A person appealing a license denial under this section must 
request the appeal in writing. The commissioner shall hold a hearing on the appeal if a 
hearing is requested in writing within 10 days of the initial request for appeal. If a hearing 
is requested, it must be held within 30 days of the request unless a longer period is 
mutually agreed to in writing, and it must be conducted in the Augusta area. 
A hearing held under this subsection is informal. At the hearing, the appellant may 
present any evidence concerning the criteria listed in subsection 1 that might justify 
issuing a license to the person, and the commissioner may request any additional 
information the commissioner considers necessary. 
4. Issuance on appeal. Issuance of a license on appeal is at the discretion of the 
commissioner, except that a license may not be issued unless the criteria in subsection 1 
are met. Decisions of the commissioner must be in writing. 
Sec. 3. 12 MRSA §63U, as enacted by PL 2005, c. 111, §2, is amended to read: 
COMMITTEE AMENDMENT 
~.t.1.~. 
COMMITTEE AMENDMENT 74:," to S.P. 530, L.D. 1448 
§6311. Active duty military members 
1. Definitions. As used in this section, unless the context otherwise indicates, 
"aotive duty for a period of more than 30 days" has the same meaning as in 10 United 
gtates Code. gection 10Hd)(2) !he following terms have the following meanings. 
A. "Active duty for a period of more than 30 days" has the same meaning as in 10 
United States Code, Section 101(d)(2). 
B. 
"Limited entry fishery" means a fishery in which licenses are limited to 
individuals who have held a license in the previous year or a fishery that is otherwise 
restricted by a limited enifY system. 
2. Partial waiver of lobster apprentice requirements. Notwithstanding Title 37-
B, section 390-A or any other provision of this Part, the commissioner shall waive a 
portion of the number of days and hours of practical lobster fishing experience required 
under the apprentice program t~stablished pursuant to section 6422, subsection 1 for a 
person who is a member of the National Guard or the Reserves of the United States 
Armed Forces if: 
A. 
The person was under an order to active duty for a period of more than 30 days; 
B. 
The period of active duty conflicts with the requirements of the apprentice 
program; and 
C. 
The person was licensed pursuant to section 6421, subsection 1, paragraphs 0 
andE. 
This waiver does not apply to the 2-year minimum required under section 6422, 
subsection 2. 
3. Waiver of licensing requirements. Notwithstanding Title 37-B, section 390-A 
or any other provision of this Part, the commissioner shall waive the licensing eligibility 
requirements under seotioa 6421, subseotion 5, flaragraph A; seotioa 6505 A, subseotioa 
2, flaragraph C; aad seotioa 6749 0, subseotioa 2 A applicable to a limited enifY fishery 
for a person who is a member of the National Guard or the Reserves of the United States 
Armed Forces and was under an order to active duty for a period of more than 30 days. 
This subsection does not apply to a person who did not possess a license pursuaat to 
seotioa 6421,6505 A, 6748, 67'~8 D or 6749 for that limited entry fishery at the time of 
or in the calendar year prior to that person's being called to active duty. The waiver must 
be available for a period of up to 10 consecutive years of service, with no license fees 
being assessed during that time. 
For years consecutively served beyond 10 years, 
licensing eligibility requirements, other than licensing fees, must be waived. 
4. Limited application. This section applies only if the member's service is in 
support of: 
A. 
An operational mission for which members of the Reserves of the United States 
Armed Forces have been ordered to active duty without volunteering for that mission; 
ef 
B. 
Forces activated during a period of war declared by the United States Congress 
or a period of national emergency declared by the President of the United States or 
the United States Congress~,;" or 
COMMITTEE AMENDMENT 
~. ~ co· 
COMMITTEE AMENDMENT 'An to S.P. 530, L.D. 1448 
C. A response to a precipitating event for which the member was drafted or enlisted 
during a period of an active draft. 
Sec. 4. 12 MRSA §6311-A is enacted to read: 
§6311-A. Student licenses after military service 
An individual who is eligible for a student lobster and crab fishing license under 
section 6421, subsection 1, paragraph E either when enlisted in the United States Armed 
Forces or United States Coast Guard or when ordered to active duty in the National 
Guard or the Reserves of the United States Armed Forces may, upon that individual's 
return from service, have that individual's eligibility regarding age extended by the 
number of years that individual was not able to purchase a student license due to this 
service, for a period of up to 10 years. In order to extend eligibility under this section, 
that individual must initiate the license application within one year of that individual's 
return from service. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment strikes the bill and replaces it with amendments to existing statutes 
that provide exceptions for certain requirements for licenses issued by the Department of 
Marine Resources to persons serving or who have recently served in the United States 
Armed Forces or United States Coast Guard or the National Guard or the Reserves of the 
United States Armed Forces. 
1. The amendment changes the exception that allows individuals who are ineligible 
for a commercial fishing license in a limited entry fishery due to service in the United 
States Armed Forces or United States Coast Guard to be awarded a license, in the 
following ways: 
A. It expands the exception to all limited entry fisheries; 
B. It increases the eligibility period from 6 to 10 consecutive years of service, with 
no license fee being assessed during that time; 
C. For consecutive years of service beyond 10 years, it provides that the exception is 
available as long as a license fee is paid; and 
D. 
Instead of requiring an honorable discharge from service, it disqualifies an 
individual who has received a dishonorable discharge. 
2. 
The amendment also changes the current waiver provision regarding license 
eligibility requirements for individuals who are called to active duty in the National 
Guard or the Reserves of the United States Armed Forces and who hold a license or have 
held a license in the preceding calendar year, in the following ways: 
A. It expands the exception to all limited entry fisheries; 
B. It adds an eligibility period of 10 consecutive years of service, with no license fee 
being assessed during that time; 
COMMITTEE AMENDMENT 
~. ('j~. 
COMMITTEE AMENDMEN~" to S.P. 530, L.D. 1448 
C. For consecutive years of service beyond 10 years, it provides that the exception is 
available as long as a licens,e fee is paid; and 
D. It includes instances when the individual enters the service pursuant to a draft or 
enlistment during a period of an active draft. 
The amendment extends an individual's eligibility for a student lobster and crab 
fishing license by allowing the individual, upon the individual's return from active duty in 
the United States Armed Forces or United States Coast Guard or the National Guard or 
the Reserves of the United States Armed Forces, to have the individual's eligibility 
regarding age extended by the number of years that individual was not able to purchase a 
student license due to this military service for a period of up to 10 years. In order to take 
advantage of this extended eligi:bility, the individual must initiate the license application 
within one year of the individual's return from active duty. 
This amendment adds an emergency preamble and emergency clause to the bill. 
]wISCAL NOTE REQUIRED 
(See attached) 
COMMI1-TEE AMENDMENT 
Approved: 06/10113 
~ac 
LD 1448 
LR 2081(02) 
An Act To Preserve Marine Resources Licenses for Active Duty Service Members 
Fiscal Detail and Notes 
"Fiscal Note for Bill as ~mended b,Y Committee Amendment It fs-2t..e '=+) 
CommIttee: Marme Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - General Fund 
Minor revenue decrease - Other Special Revenue Funds 
Lengthening the existing military waiver from 6 to 10 years will result in a minor decrease in both General Fund and 
Other Special Revenue Funds revenue not requiring any change to the bUdget. 
LR2081(02) - Fiscal Note - Page 1 of 1