An Act Regarding the Swans Island Lobster Fishing Zone
Maine Legislature, Session 126, LD 1020
Committee: Marine Resources
Sponsors: KUMIEGA

Legislative Document 
No. 1020 
H.P. 718 
House of Representatives, March 14, 2013 
An Act Regarding the Swans Island Lobster Fishing Zone 
(EMERGENCY) 
Reference to the Committee on Marine Resources suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative KUMIEGA of Deer Isle. 
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 trap limit in the Swans Island Lobster Conservation Area is 475 per 
individual and the rest of Zone B allows 800 traps; and 
Whereas, it is necessary to raise the maximum number of allowed traps in the 
Swans Island Lobster Conservation Area in order to increase economic opportunity for 
license holders fishing in the Swans Island Lobster Conservation Area in order to sustain 
commercial lobster fishing as a viable economic pursuit for residents of Swans Island and 
keep the community's population sustainable; and 
Whereas, the Maine lobster industry faces a critical opportunity for branding and 
marketing; and 
Whereas, it is necessary that this Act take effect by June 2013 in order to take 
advantage of the plentiful summer harvest, in order to provide needed support to persons 
who fish for lobster and the lobster industry; 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 c. 619, sub-c. 6 is enacted to read: 
SUBCHAPTER 6 
SWANS ISLAND LOBSTER CONSERVATION AREA 
§6481.  Swans Island Lobster Conservation Area 
1.  Swans Island Lobster Conservation Area.  The following territorial waters of 
the State in the vicinity of Swans Island are known as the Swans Island Lobster 
Conservation Area: 
Beginning at the northern tip of Long Point, Marshall Island, Hancock County, Maine; 
then northerly to the navigational buoy at the western entrance to Toothacker Bay, 
located at the intersection of Loran lines 9960-W-12492.0 and 9960-X-25800.0; then 
northeasterly to West Point, Swans Island, Hancock County, Maine; then from Phinney 
Point on the northeastern shore of Swans Island southeasterly to the intersection of Loran 
lines 9960-W-12445.6 and 9960-X-25780.9, 68º22.40' W. Longitude, 44º08.79' N. 
Latitude, Hancock County, Maine; then southwesterly to the intersection of Loran lines 
9960-W-12468.0 and 9960-X-25773.0, 68º23.6' W. Longitude, 44º06.4' N. Latitude; then 
south-southwesterly to the intersection of Loran lines 9960-W-12482.2 and 9960-X-
25766.4, 68º24.01' W. Longitude, 44º04.8' N. Latitude; then southerly to the intersection 
of Loran lines 9960-W-12493.5 and 9960-X-25758.4, 68º23.9' W. Longitude, 44º03.1' N. 
Latitude, and the intersection with the 3-nautical-mile line of the territorial waters, as 
shown on United States Department of Commerce, National Oceanic and Atmospheric 
Administration, National Ocean Service, Office of Coast Survey Chart #13312; then 
southwesterly along the 3-nautical-mile line of the territorial waters approximately 3.5 
miles to a point where a line drawn southeasterly 165º True from the center of Black 
Ledges intersects the 3-nautical-mile line  of the territorial waters at Loran lines 9960-W-
12524.5 and 9960-X-25765.5, 68º28.6' W. Longitude, 44º01.9' N. Latitude; then 
northwesterly 345º True to the center of Black Ledges; then northwesterly to the most 
southerly point of Marshall Island; thence along the westerly shore of Marshall Island to 
the point of beginning. 
§6482.  Fishing in Swans Island Lobster Conservation Area 
1.  Placing and maintaining traps.  A person may not place or maintain any trap for 
lobsters, or otherwise fish for or take lobsters, within the Swans Island Lobster 
Conservation Area except in accordance with this section. 
A.  An individual registered to obtain Swans Island Lobster Conservation Area trap 
tags under this section may not place or maintain in the Swans Island Lobster 
Conservation Area more than 550 traps.  Each trap must bear the appropriate tag. 
B.  A person may not place or maintain a lobster trap in the Swans Island Lobster 
Conservation Area unless a trap tag designated for use in the Swans Island Lobster 
Conservation Area is affixed to the trap. 
2.  Trap tags; eligibility; expiration; suspension. The commissioner shall issue tags 
for traps in the Swans Island Lobster Conservation Area in accordance with this 
subsection.  The commissioner shall charge and deposit fees for Swans Island Lobster 
Conservation Area trap tags in accordance with section 6431-B. 
A.  Trap tags issued for use in the Swans Island Lobster Conservation Area expire 
after one year as determined by the commissioner by rule. 
B.  Except as provided under paragraph C, the commissioner may not issue Swans 
Island Lobster Conservation Area trap tags to a person unless that person: 
(1)  Registered with the commissioner to purchase Swans Island Lobster 
Conservation Area trap tags for the prior season, documents to the commissioner 
that the person harvested lobsters from the Swans Island Lobster Conservation 
Area in the prior season and applies to the commissioner during the period 
between January 1st and May 31st for Swans Island Lobster Conservation Area 
trap tags; or 
(2)  Registered with the commissioner to purchase Swans Island Lobster 
Conservation Area trap tags for the prior calendar year, documents to the 
commissioner that the person did not harvest lobsters from the Swans Island 
Lobster Conservation Area in the prior season because of an illness or medical 
condition and applies to the commissioner during the period between January 1st 
and May 31st for Swans Island Lobster Conservation Area trap tags. 
C.  A person otherwise eligible to apply for Swans Island Lobster Conservation Area 
trap tags under paragraph B if not for the suspension of that person's Class I, Class II 
or Class III lobster and crab fishing license may apply to the commissioner for Swans 
Island Lobster Conservation Area trap tags during the period between January 1st and 
May 31st.  Upon reinstatement of that person's license, the commissioner may issue 
trap tags to that person. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill establishes in statute the Swans Island Lobster Conservation Area.  Under 
this bill, the maximum allowable number of lobster traps and tags per individual 
registered to obtain Swans Island Lobster Conservation Area trap tags is 550.