An Act To Improve the Quality of the Data Used in the Management of Maine's Fisheries
Maine Legislature, Session 126, LD 0482
Committee Amendment CA_A_H335 (House)
Amends: 12 MRSA §6421, 12 MRSA §6445-A, 12 MRSA §6535, 12 MRSA §6748

COMMITTEE AMENDMENT ,,{1 " to H.P. 332, L.D. 482, Bill, "An Act To 
Improve the Quality of the Data Used in the Management of Maine's Fisheries" 
Amend the bill by striking out all of section 1. 
Amend the bill by striking out all of sections 3 to 6 and inserting the following: 
'Sec. 3. 12 MRS A §6412 is enacted to read: 
§6412. Suspension of license or certificate for failure to comply with reporting 
requirements 
1. Authority to suspend. The commissioner, in accordance with this section, may 
suspend a license or certificate issued under this Part if the holder of the license. or 
certificate fails to comply with reporting requirements established by rule pursuant to 
section 6173. A license or certificate suspended under this section remains suspended 
until the suspension is rescinded by the commissioner. The commissioner shall rescind a 
suspension when: 
A. The commissioner determines and provides notice to the holder of the suspended 
license or certificate that the holder has come into compliance with the reporting 
requirements established by rule pursuant to section 6173; and 
B. The holder pays to the department a $25 administrative fee. 
When a suspension is rescinded, the license or certificate is reinstated. 
Until the 
suspension is rescinded, the holder of the suspended license or celtificate is not eligible to 
hold, apply for or obtain that license or certificate. 
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 comply with a weekly reporting requirement established by rule pursuant to 
section 6173, the commissioner shall notify the person at the telephone number provided 
on the application for the license or certificate and bye-mail if an e-mail address is 
provided on the application. If the license or certificate holder has not complied with the 
reporting requirements within 2 days after the commissioner has provided the notice, the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 332, L.D. 482 
commissioner shall mail a notice of suspension to the license or certificate holder by 
certified mail or the notice must be served in hand. The notice must: 
A. 
Describe the information that the license or certificate holder is required to 
provide pursuant to this Part that the department has not received; and 
B. State that, unless all the information described in paragraph A is provided to the 
department or the license or certificate holder requests a hearing, the license or 
certificate will be suspended in 3 business days after the license or certificate holder's 
receipt of the notice. 
If the license or certificate holder has not complied with the reporting requirements or 
requested a hearing within 3 business days after receipt of the notice, the commissioner 
shall suspend the license or certificate. 
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 comply with a monthly reporting requirement established by rule pursuant to 
section 6173, the commissioner shall notify the person at the telephone number provided 
on the application for the license or certificate and bye-mail if an e-mail address is 
provided on the application. If the license or certificate holder has not complied with the 
reporting requirements within 45 days after the commissioner has provided the notice, the 
commissioner shall mail a notice of suspension to the license or certificate holder by 
certified mail or the notice must be served in hand. The notice must: 
A. 
Describe the information that the license or certificate holder is required to 
provide pursuant to this Part that the department has not received; and 
B. State that, unless all the information described in paragraph A is provided to the 
department or the license or certificate holder requests a hearing, the license or 
certificate will be suspended in 3 business days after the license or certificate holder's 
receipt of the notice. 
If the license or certificate holder has not complied with the reporting requirements or 
requested a hearing within 3 business days after receipt of the notice, the commissioner 
shall suspend the license or certificate. 
4. Hearing. A license or certificate holder receiving a written notice of suspension 
pursuant to this section may request a hearing on the suspension by contacting the 
department within 3 business days of receipt of the notice. If a hearing is requested, the 
suspension is stayed until a decision is issued following the hearing. The hearing must be 
held within 3 business days of the request, unless another time is agreed to by both the 
department and the license or certificate holder. The hearing must be conducted in the 
Augusta area. The hearing must be held in accordance with: 
A. Title 5, section 9057, regarding evidence, except the issues are limited to whether 
the license or certificate holder has complied with reporting requirements established 
by rule pursuant to section 6173; 
B. Title 5, section 9058, regarding notice; 
C. Title 5, section 9059, regarding records; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 332, L.D. 482 
I 
D. 
Title 5, section 9061, regarding decisions, except the deadline for making a 
decision is one business day after completion of the hearing; and 
E. Title 5, section 9062, subsections 3 and 4, regarding a presiding officer's duties 
and reporting requirements, except that notwithstanding Title 5, section 9062, 
subsection 1, the presiding officer must be the commissioner or the commissioner's 
designee. 
Sec. 4. 12 MRSA §6421, sub-§3-A, ~~ 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 as provided in section 6445-A. 
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 as provided in section 6445-A. 
Sec. 5. 12 MRSA §6445-A is enacted to read: 
§644S-A. Selling of lobsters or crabs by unlicensed crew members 
1. Sale prohibited; exception. An unlicensed crew member engaged by a holder of 
a Class II or Class III lobster and crab fishing license may not sell lobsters or crabs unless 
the unlicensed crew member: 
A. Sells lobsters or crabs to a purchaser who holds a valid wholesale seafood license 
with a lobster pennit or a valid retail seafood license; and 
B. Provides to the purchaser the name and license number of the license holder with 
whom the crew member was engaged when the lobsters or crabs were harvested. 
2. Requirements for purchaser. A holder of a wholesale seafood license with a 
lobster permit or a retail seafood license who purchases lobsters or crabs from an 
unlicensed crew member may not purchase the lobsters or crabs except by check or 
cashier's check unless there is a written receipt associated with the transaction, and the 
holder of a wholesale seafood license with a lobster permit or a retail seafood license who 
purchases lobsters or crabs from an unlicensed crew member shall report the infonnation 
provided by the unlicensed crew member under subsection 1, paragraph B in accordance 
with section 6173. 
Sec. 6. 12 MRSA §6535, sub-§2, as repealed and replaced by PL 2009, c. 561, 
§2l, 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 platfonn for the 
harvesting of sea urchins and scallops by hand and may possess, ship, transport and sell 
sea urchins and scallops harvested by licensed harvesters the tender has tended subject to 
the requirements of paragraph A. A sea urchin and scallop diving tender license does not 
authorize the holder to harvest sea urchins and scallops. As used in this subsection, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "n "to H.P. 332, L.D. 482 
"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. 
A. A diving tender licensed under this section may not sell sea urchins or scallops 
unless the person: 
(1) Sells sea urchins or scallops to a purchaser who holds a valid wholesale 
seafood license with a sea urchin buyer's permit or a valid wholesale seafood 
license with a sea urchin processor's pennit or a valid retail seafood license; and 
(2) Provides to the purchaser the name and license number of the license holder 
with whom the person was engaged when the sea urchins or scallops were 
harvested. 
B. A holder of a wholesale seafood license with a sea urchin buyer's permit or a 
wholesale seafood license with a sea urchin processor's permit or a retail seafood 
license who purchases scallops or sea urchins from a diving tender licensed under this 
section may not purchase the sea urchins or scallops except by check or cashier's 
check unless there is a written receipt associated with the transaction, and the holder 
of a wholesale seafood license with a sea urchin buyer's permit or a wholesale 
seafood license with a sea urchin processor's permit or a retail seafood license who 
purchases scallops or sea urchins from a licensed diving tender shall report the 
information provided by the person under paragraph A, subparagraph (2) in 
accordance with section 6173. 
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. 7. 12 MRSA §6748, sub-§2, as repealed and replaced by PL 2009, c. 561, 
§28, is repealed and the following enacted in its place: 
2. Licensed activity. The holder of a handfishing sea urchin license may take sea 
urchins by hand or possess, ship, transport or sell sea urchins. An unlicensed person 
acting as a tender for an individual licensed under subsection 4, paragraph B, in 
accordance with subsection I-A, may possess, ship, transport and sell sea urchins the 
handfishing sea urchin license holder has taken subject to the requirements of paragraph 
A. 
A. 
An unlicensed person acting as a tender may not sell sea urchins unless the 
person: 
0) Sells sea urchins to a purchaser who holds a valid wholesale seafood license 
with a sea urchin buyer's permit or a valid wholesale seafood license with a sea 
urchin processor's permit or a valid retail seafood license; and 
(2) Provides to the purchaser the name and license number of the license holder 
with whom the person was engaged when the sea urchins were harvested. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A " 
to H.P. 332, L.D. 482 
B. A holder of a wholesale seafood license with a sea urchin buyer's permit or a 
wholesale seafood license with a sea urchin processor's permit or a retail seafood 
license who purchases sea urchins from an unlicensed person acting as a tender must 
purchase the sea urchins by check or cashier's check unless there is a written receipt 
associated with the transaction, and the holder of a wholesale seafood license with a 
sea urchin buyer's permit or a wholesale seafood license wtih a sea urchin processor's 
permit or a retail seafood license who purchases sea urchins from an unlicensed 
person acting as a tender shall report the information provided by the person under 
paragraph A, subparagraph (2) in accordance with section 6173. 
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.' 
Amend the bill by striking out all of section 11. 
Amend the bill in section 12 by striking out all of subsection 1 (page 4, lines 5 to 7 in 
L.D.) and inserting the following: 
'I. 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 other 
than an ornamental marine organism used for exhibition in a marine aquarium without a 
retail seafood license issued under this Part authorizing the activities. For purposes of 
this section, "marine organism" means an organism that may not be harvested in this State 
without a commercial harvesting license issued under this Part.' 
Amend the bill by adding after section 12 the following: 
'Sec. 13. Effective date. That section of this Act that amends the Maine Revised 
Statutes, Title 12, section 6852, subsections 1,2 and 4 takes effect April 1,2014.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes the section of the bill allowing the Commissioner of Marine 
Resources to share confidential landings data with the bureau of marine patrol within the 
Department of Marine Resources because that provision duplicates another bill that has 
already been passed. This amendment provides, in the section authorizing the 
Commissioner of Marine Resources to suspend licenses for noncompliance with reporting 
requirements, the person whose license is being suspended with an opportunity to request 
a hearing. This amendment allows unlicensed crew members to sell lobsters and crabs 
and licensed scallop and sea urchin diving tenders and holders of handfishing sea urchin 
licenses to sell scallops and sea urchins as long as they report to the dealer the license 
under which it was harvested. This amendment strikes the provision that requires a 
seaweed buyer's license to purchase 10 wet tons or an equivalent number of dry tons of 
seaweed from harvesters for resale. This amendment clarifies that beginning April 1, 
2014 the expansion of retail licenses for the sale of all marine organisms excludes 
ornamental marine organisms used for exhibition in marine aquaria. 
FISCAL ='iOTE REQllRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/03/13 .;t;?ac:.. 
LD482 
LR471(02) 
An Act To Improve the Quality of the Data Used in the Management of Maine's Fisheries 
Fiscal Note for Bill as Amended by Committee Amendment 'k (11-:335) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases Class D crimes and civil violations. 
The collection of additional fmes may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Marine Resources associated with establishing a license suspension process for 
noncompliance with reporting requirements can be absorbed within existing budgeted resources. General Fund 
revenues may be increased by minor amounts not requiring any change to the budget from collection of administrative 
fees to remove the license suspension. 
LR0471(02) - Fiscal Note - Page 1 of 1