An Act To Create a Class II Limited Lobster and Crab Fishing License and Improve the Limited-entry System
Maine Legislature, Session 127, LD 1503
Committee Amendment CA_A_H588 (House)
Amends: 12 MRSA §6421, 12 MRSA §6422, 12 MRSA §6447, 12 MRSA §6448, 12 MRSA §6449

COMMITTEE AMENDMENT "A" to H.P. 1026, L.D. 1503, Bill, "An Act To 
Create a Class II Limited Lobster and Crab Fishing License and Improve the Limited-
entry System" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend Lobster and Crab Fishing License Laws' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §6421, sub-§5-A, as amended by PL 2007, c. 219, §1, is 
repealed and the following enacted in its place: 
5-A. Student lobster and crab fishing license eligibility. A student lobster and 
crab fishing license may be issued to a person who, at the time of application, is 8 years 
of age or older and under 23 years of age and who is: 
A. Attending a public day school in accordance with the attendance requirement of 
Title 20-A, section 5001-A, subsection l; 
B. Meeting the requirements of an alternative to attendance at a public day school in 
accordance with Title 20-A, section 5001-A, subsection 3; or 
C. Enrolled in and meeting the requirements of a half-time course of study at a 
postsecondary institution accredited by a state-recognized accrediting agency or 
body. 
A person may not be considered to have ceased to be a student during any interim 
between school years if the interim does not exceed 6 months and if it is shown that the 
person has a bona fide intention ·of continuing to pursue a half-time course of study 
during the semester or other enrollment period immediately following the interim period. 
For purposes of this subsection, "half-time course of study" means at least 50% of the 
usual course load for the program in which the person is enrolled. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1026, L.D. 1503 
The commissioner may revoke a student lobster and crab fishing license of an individual 
who has ceased to meet the requirements of this subsection. 
Sec. 2. 12 MRSA §6422, sub-§5 is enacted to read: 
5. Prohibition. Rules adopted under this section may not require a person who has 
registered to enter an established island limited-entry zone program as described under 
section 6449 to apprentice in the zone in which the island limited-entry zone program is 
located. 
Sec. 3. 12 MRSA §6447, sub-§9 is enacted to read: 
9. Notice. When a meeting of a lobster management policy council includes as an 
agenda item a proposal that, if adopted, would affect the ability of a person who does not 
hold a lobster and crab fishing license to participate in the lobster and crab fishing 
industry, including but not limited to a proposal regarding exit ratios under section 6448, 
the agenda must be posted publicly at least 7 days in advance of the meeting. 
Sec. 4. 12 MRSA §6448, sub-§2, 1A-1, as enacted by PL 2013, c. 239, §2, is 
amended to read: 
A-1. A lobster management policy council may recommend to the commissioner 
whether the exit ratio adopted for a lobster management zone should be applied to the 
number of licenses that are not renewed or to the number of trap tags associated with 
the licenses that are not renewed. 
A lobster management policy council may 
recommend that an exit ratio applied to the number of trap tags associated with 
licenses that are not renewed that meets the requirements of paragraph C be applied 
retroactively to a licensing year in which the exit ratio in that zone was based upon 
the number of trap tags retired. 
The lobster management policy council is not 
required to submit the recommendation to referendum. 
Sec. 5. 12 MRSA §6448, sub-§2, 1C, as amended by PL 2013, c. 239, §2, is 
further amended to read: 
C. 
In accordance with subsection 7-A, the commissioner shall adopt rules that 
establish an exit ratio between either: 
(1) The number of trap tags retired by individuals who declared that zone as their 
declared lobster zone in the year prior to the previous calendar year, but who did 
not declare that zone as their declared lobster zone in the previous calendar year, 
and the number of trap tags issued to new zone entrants authorized under 
subsection 7-A; or 
(2) The number of individuals who declared that zone as their declared lobster 
zone in the year prior to the previous calendar year, but who did not declare that 
zone as their declared lobster zone in the previous calendar year, and the number 
of new zone entrants authorized under subsection 7-A. 
The number of trap tags retired under subparagraph ( 1) must be considered to be the 
total of the greatest number of trap tags purchased in any prior year under each 
license that is not renewed, up to the current zone maximum. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT ,A" to H.P. 1026, L.D. 1503 
An exit ratio established by rule under this subsection is not required to be the same 
as the exit ratio proposed by the lobster management policy council. 
Sec. 6. 12 MRSA §6448, sub-§6, as amended by PL 1999, c. 693, §2, is repealed 
and the following enacted in its place: 
6. Waiting lists. The commissioner shall maintain and make available waiting lists 
as follows: 
A. A waiting list of persons who did not hold a lobster and crab fishing license in the 
previous licensing year who have requested to declare a limited-entry zone as their 
declared lobster zone. The list must be arranged in chronological order in accordance 
with subsection 5; and 
B. A waiting list of persons who held a lobster and crab fishing license in the 
previous licensing year who have requested to declare a limited-entry zone as their 
declared lobster zone. The commissioner shall adopt rules to administer entry of 
persons on the list established under this paragraph into limited-entry zones. 
The commissioner shall create a waiting list for a zone at the time the commissioner 
closes the zone pursuant to subsection 2, paragraph D. 
Sec. 7. 12 MRSA §6448, sub-§6-A is enacted to read: 
6-A. Periodic verification of waiting list. The commissioner shall verify at least 
once every 3 years that each person who is listed on a waiting list established under 
subsection 6 wishes to remain on the waiting list. To verify that a person wishes to 
remain on a waiting list, the commissioner must attempt to contact the person by regular 
mail, telephone or e-mail. If a person does not respond within 60 days of the initial 
attempt to contact, a notice must be sent by certified mail informing the person that a 
response is required within 30 days from the date of mailing. The commissioner shall 
remove a person from a waiting list who does not respond to the notice sent by certified 
mail within 30 days after the date of mailing. The commissioner may place a person who 
has been removed from a waiting list pursuant to this subsection back on a waiting list in 
the position where the person would otherwise have been when the person shows that the 
reason for not responding was that the person was on active duty with the Armed Forces 
of the United States or the National Guard. 
Sec. 8. 12 MRSA §6448, sub-§7-A, as enacted by PL 2013, c. 239, §5, is 
amended to read: 
7-A. Authorization of new zone entrants. The commissioner shall determine by 
Feeraary April 1st of each licensing year the number of new zone entrants that may be 
authorized for each limited-entry zone. The number of new zone entrants authorized in a 
licensing year must be in accordance with the exit ratio established under subsection 2 for 
that zone. The commissioner may adopt rules consistent with subsection 2, paragraph B 
to implement this subsection. Upon adoption of rules, the exit ratio must be used to 
establish the number of new zone entrants in accordance with subsection 2, paragraph C 
by: 
A. Dividing the number of trap tags that may be issued to new zone entrants by the 
zone trap limit under section 6431-A. The number of new zone entrants must be 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"A "toH.P.1026,L.D.1503 
rounded down to the nearest whole number and the remaining trap tags carried over 
to the following year's allocation; or 
B. Applying the exit ratio to the number of individuals who declared that zone as 
their declared lobster zone in the year prior to the previous calendar year, but who did 
not declare that zone as their declared lobster zone in the previous calendar year. 
The commissioner shall authorize new zone entrants in chronological order of requests 
received under subsection 5. The commissioner shall notify the authorized new zone 
entrants by certified mail. If a person does not declare a zone within 30 days after 
receiving the notification by certified mail, that person must be taken off the waiting list 
and the next person on the list must be authorized as a new zone entrant. If a person has 
indicated a request for more than one zone pursuant to subsection 5, that person must be 
taken off the waiting list for the 2nd zone when the person declares one of the zones as 
that person's declared lobster zone after being authorized to do so. If a person who holds a 
current Class I, Class II or Class III lobster and crab fishing license is authorized as a new 
zone entrant and declares the zone as that person's declared lobster zone, the 
commissioner shall change the zone identified on that person's license to the limited-entry 
zone for which the person is authorized. 
Sec. 9. 12 MRSA §6448, sub-§8, ,r,rA-2 and A-3 are enacted to read: 
A-2. A person under 20 years of age may declare any zone as that person's declared 
lobster zone if the person: 
(1) Successfully completed the requirements of the apprentice program under 
section 6422; 
(2) Submitted documentation of completion of the apprentice program to the 
department before attaining 20 years of age; 
(3) Received a high school diploma or a high school equivalency diploma; and 
( 4) Has met all apprentice program rules that may have been adopted in that 
zone. 
A-3. A person under 23 years of age may declare any zone as that person's declared 
lobster zone if the person: . 
(1) Has logged time fishing in the apprentice program in accordance with section 
6422; 
(2) Successfully completed the requirements of the apprentice program under 
section 6422; 
(3) Submitted documentation of completion of the apprentice program to the 
department before attaining 23 years of age: 
(4) Is enrolled in and meeting the requirements of a half-time course of study as 
defined in section 6421, subsection 5-A at a postsecondary institution accredited 
by a state-recognized accrediting agency or body; 
(5) Has met all apprentice program rules that may have been adopted in that 
zone;and 
COMMITTEE AMENDMENT 
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COMMITrEE AMENDMENT ·A" to H.P. 1026, L.D. 1503 
(6) Has been eligible for a student lobster and crab fishing license since before 
that person attained 18 years of age and has been eligible for that license in each 
licensing year thereafter. 
Sec. 10. 12 MRSA §6449, sub-§1, as amended by PL 2013, c. 239, §8, is further 
amended to read: 
1. Proposal to the commissioner. Notwithstanding section 6448, subsection 7-A, a 
year-round island community may petition the commissioner for the establishment of an 
island limited-entry zone program if a minimum of 5 island residents that are holders of a 
Class I, Class II or Class III lobster and crab fishing license or 10% of the island residents 
that are holders of a Class I, Class II or Class III lobster and crab fishing license, 
whichever is greater, signs the petition submitted to the commissioner. If m a majority 
of the Class I, Class II or Class III lobster and crab fishing license holders that are 
residents on the island voting in a referendum held pursuant to section 644 7, subsection 6 
support the establishment of an island limited-entry zone program, the commissioner may 
adopt rules to establish such a program, including a waiting list. Before establishing or 
amending the number of licenses available to island residents, the commissioner shall 
determine the number of licenses preferred by ma majority of the Class I, Class II or 
Class III lobster and crab fishing license holders resident on the island. The commissioner 
may accept the preferences proposed by m a majority of the license holders as 
reasonable and adopt those preferences or reject the preferences as unreasonable. The 
commissioner shall consult with the lobster management policy council for the lobster 
management zone in which the island is located before making the decision.' 
SUMMARY 
This amendment replaces the bill. 
This amendment provides that a person who is under 23 years of age is eligible for a 
student lobster and crab fishing license if the person is attending school in accordance 
with compulsory attendance requirements or is enrolled in and meeting the requirements 
of at least a half-time course of study at an accredited postsecondary institution. 
This amendment provides that a person who is under 20 years of age, has completed 
the apprentice program and has received a high school diploma or general equivalency 
diploma may be issued a lobster and crab fishing license that identifies a limited-entry 
zone as the declared lobster zone. This amendment provides that a person who is under 
years of age, has completed the apprentice program, is enrolled in and meeting the 
requirements of at least a half-time course of study at an accredited postsecondary 
institution and has been eligible for a student lobster and crab fishing license 
continuously since before the person attained 18 years of age may be issued a lobster and 
crab fishing license that identifies a limited-entry zone as the declared lobster zone. 
This amendment, like the bill, provides that an apprentice program may not require a 
person registered to enter an established island limited-entry zone program to apprentice 
in the zone in which the island limited-entry zone program is located. This amendment, 
like the bill, reduces the support required in a referendum of island residents to establish 
an island limited-entry zone program from 2/3 of lobster and crab fishing license holders 
to a majority oflicense holders. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1026, L.D. 1503 
This amendment requires that, when calculating the number of trap tags retired for 
purposes of applying an exit ratio, the number of trap tags retired is considered to be the 
total of the greatest number of trap tags purchased in any prior year under each license 
that is not renewed, up to the zone maximum. This amendment allows a lobster 
management policy council to recommend that an exit ratio be based upon licenses that 
are not renewed or upon retired trap tags and, if the ratio is based upon retired trap tags, 
whether the exit ratio should be applied retroactively to a specific date. 
This amendment provides that a lobster management policy council must post an 
agenda publicly at least 7 days prior to the council meeting if the agenda includes items 
that would affect the ability of people who do not hold lobster and crab fishing licenses to 
participate in the lobster and crab fishing industry. 
This amendment requires the Commissioner of Marine Resources to maintain, for 
persons who have requested to declare a limited-entry zone as their declared lobster zone, 
a waiting list of persons who did not hold a lobster and crab fishing license in the prior 
year and a separate waiting list of persons who did hold a lobster and crab fishing license 
in the prior year. The commissioner must adopt rules to administer entry of persons who 
held a license in the prior year into limited-entry zones. 
This amendment requires the Commissioner of Marine Resources to verify at least 
every 3 years the waiting lists of persons wishing to enter a limited-entry zone. A person 
who does not respond to a verification request within 90 days is removed from the 
waiting list. This amendment provides the commissioner with the authority to place a 
person who does not respond back on a waiting list in the position where the person 
would have otherwise been when the person shows that the lack of response was due to 
being on active duty with the Armed Forces of the United States or the National Guard. 
This amendment changes the date by which the Commissioner of Marine Resources 
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must determine the number of new zone entrants in each limited-entry zone from 
February 1st to April 1st. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 03/18/16 
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LD 1503 
LR2423(02) 
An Act To Create a Class II Limited Lobster and Crab Fishing License and Improve the Limited-
entry System 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment A' { ~ -5&g} 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Marine Resources to make various changes to certain lobster and crab 
fishing licenses are expected to be minor and can be absorbed within existing budgeted resources. 
LR2423(02) - Fiscal Note - Page 1 of I