An Act To Make Technical Changes to Maine's Marine Resources Laws
Maine Legislature, Session 127, LD 0730
Committee: Marine Resources
Sponsors: BAKER, KUMIEGA, ALLEY, DEVIN, HAWKE, SAWICKI, TUELL
Amends: 12 MRSA §6072, 12 MRSA §6301, 12 MRSA §6421, 12 MRSA §6439-A, 12 MRSA §6446, 12 MRSA §6447, 12 MRSA §6448, 12 MRSA §6481, 12 MRSA §6601, 12 MRSA §6851-A, 12 MRSA §6856

Legislative Document 
No. 730 
S.P. 260 
In Senate, March 5, 2015 
An Act To Make Technical Changes to Maine's Marine Resources 
Laws 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BAKER of Sagadahoc. 
Cosponsored by Representative KUMIEGA of Deer Isle and 
Representatives: ALLEY of Beals, DEVIN of Newcastle, HAWKE of Boothbay Harbor, 
McCREIGHT of Harpswell, SAWICKI of Auburn, TUELL of East Machias. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6072, sub-§10, ¶A, as repealed and replaced by PL 2003, c. 
247, §6, is repealed. 
Sec. 2.  12 MRSA §6301, sub-§2, ¶U, as amended by PL 2013, c. 492, §1, is 
repealed. 
Sec. 3.  12 MRSA §6421, sub-§3-A, ¶E, as repealed and replaced by PL 2003, c. 
468, §1, is amended to read: 
E.    A student license authorizes the license holder to engage in the licensed activities 
under subsection 2.  A student license may be issued only to a person who, at the time 
of application, is 8 years of age or older and under 23 years of age.  A person issued a 
student license may not submerge more than: 
(1)  Ten lobster traps in the coastal waters of the State if the person is 8 years of 
age or older and under 11 years of age; 
(2)  Fifty lobster traps in the coastal waters of the State if the person is 11 years 
of age or older and under 14 years of age; or 
(3)  One hundred and fifty lobster traps in the coastal waters of the State if the 
person is 14 years of age or older and under 23 years of age. 
A person issued a student license is enrolled in the apprentice program under section 
6422.  When applying for a license the person must designate a sponsor and may 
designate up to 3 sponsors.  For the purposes of this paragraph, "sponsor" means a 
person who holds a Class I, Class II or Class III lobster and crab fishing license 
issued under this section. 
Sec. 4.  12 MRSA §6439-A, as amended by PL 2001, c. 272, §4, is repealed. 
Sec. 5.  12 MRSA §6446, sub-§1-A, as amended by PL 2007, c. 201, §16, is 
further amended to read: 
1-A.  Declared lobster zone; authorized zones.  On an application for a Class I, 
Class II, Class III, student or noncommercial lobster and crab fishing license or a 
nonresident lobster and crab landing permit, a person shall declare the lobster 
management zone in which that person proposes to fish a majority of that person's lobster 
traps and shall list all other zones in which that person proposes to fish any of that 
person's lobster traps.  A Class I, Class II, Class III, student or noncommercial lobster and 
crab fishing license or a nonresident lobster and crab landing permit must identify the 
declared lobster zone in which the person is authorized to fish a majority of that person's 
lobster traps and must identify all other zones in which a person is authorized to fish that 
person's traps.  A person may not place any lobster traps in a zone that is not identified on 
that person's license.  For the purposes of this subsection, the majority of a person's 
lobster traps must be determined from the number of trap tags issued to that person. 
Sec. 6.  12 MRSA §6447, sub-§5, as amended by PL 2009, c. 499, §2 and 
affected by §3, is further amended to read: 
5.  Council authority.  Upon approval in a referendum under subsection 6, a lobster 
management policy council may propose to the commissioner rules for a zone to place 
the following limitations on lobster and crab fishing license holders that fish in that zone, 
as long as the proposed limitations are equal to or stricter than the limitations under 
section 6431-A, 6439-A or 6440: 
A.  The number of lobster traps fished and the time periods allowed for complying 
with that number; 
B.  The number of lobster traps allowed on a trawl; and 
C.  The time of day when lobster fishing may occur. 
Sec. 7.  12 MRSA §6448, sub-§3, as enacted by PL 1999, c. 508, §3, is amended 
to read: 
3.  Fishing in limited-entry zones. A person who holds a Class I, Class II or, Class 
III or student lobster and crab fishing license may not fish a majority of that person's 
lobster traps in a limited-entry zone unless that person's license identifies that zone as the 
declared lobster zone. 
Sec. 8.  12 MRSA §6481, sub-§1, as enacted by PL 2013, c. 342, §1, is amended 
to read: 
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 
68º30.657' W. Longitude, 44º08.063' N. Latitude; 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 then along the westerly shore of Marshall Island to the point of beginning. 
Sec. 9.  12 MRSA §6601, sub-§3, as amended by PL 2005, c. 434, §4, is further 
amended to read: 
3.  Eligibility.  A commercial shellfish license may be issued only to an individual 
who is a resident, except that a nonresident who is the holder of a lease issued under 
section 6072, 6072-A or 6072-B or a license issued under section 6072-C may be issued a 
commercial shellfish license that authorizes the individual to engage in the licensed 
activities under subsection 2-A for cultured shellfish the individual has removed from the 
leased area or the licensed gear. 
Sec. 10.  12 MRSA §6851-A, as amended by PL 2009, c. 213, Pt. G, §37, is 
repealed. 
Sec. 11.  12 MRSA §6856, sub-§1, as amended by PL 2005, c. 508, §2, is further 
amended to read: 
1.  Shellfish sanitation certificate.  A person may not undertake the processing, 
buying, selling, shipping, transporting or shucking of shellfish or whole scallops without 
a shellfish sanitation certificate unless authorized under section 6701 or 6702.  The 
commissioner may issue a shellfish sanitation certificate to a wholesale seafood license 
holder, a limited wholesale shellfish harvester's license holder or a shellfish transportation 
license holder that authorizes the holder to undertake the activities expressly authorized 
therein, which may include buying and selling, shipping, transporting, shucking or other 
processing of shellfish or whole scallops.  A wholesale seafood license, limited wholesale 
shellfish harvester's license or shellfish transportation license is also necessary to 
undertake the activities authorized under those licenses. 
Sec. 12.  12 MRSA §6856, sub-§3-D, ¶A, as enacted by PL 2011, c. 175, §5, is 
amended to read: 
A.  Using the following general guidelines to identify whether pollution abatement 
activities are likely to succeed in a shellfish growing area, the commissioner may 
close a shellfish growing area pursuant to section 6172 for municipal pollution 
abatement activities.  
(1)  Pollution abatement activities are likely to succeed in shellfish growing areas 
affected by identified failing residential septic systems and other identified 
localized sources of human or animal fecal contamination when funding for 
abatement is available. 
(2)  Pollution abatement activities are not likely to succeed in shellfish growing 
areas affected by wastewater treatment plant outfall or other point sources of 
treated or partially treated sewage unless complete removal of pollution sources 
has been achieved. 
(3)  Abatement activities are not likely to succeed in shellfish growing areas 
affected by chronic nonpoint source contamination from rivers or streams. 
At the request of the municipality, the commissioner may allow soft-shelled clam 
depuration harvesting in a shellfish growing area closed under this paragraph. 
SUMMARY 
This bill makes several technical and clarifying changes to Maine's marine resources 
laws.  The bill: 
1. Eliminates the requirement to record a research or aquaculture lease in the county 
registry of deeds; 
2. Clarifies that a student lobster and crab fishing license holder may designate up to 
sponsors; 
3. Deletes the Kittery lobster trawl limit from statute.  All other trawl limits are in 
department rule; 
4.  Clarifies that a student lobster and crab fishing license holder must declare a 
lobster management zone and may not fish a majority of the license holder's gear outside 
the declared zone; 
5.  Provides that the coordinates for the Swans Island Lobster Conservation Area are 
presented in latitude and longitude format and not Loran format; 
6.  Allows nonresidents who hold aquaculture leases or limited-purpose aquaculture 
licenses to be issued commercial shellfish licenses. Current law restricts commercial 
shellfish licenses to Maine residents; 
7. Eliminates the limited wholesale shellfish harvester's license; and 
8.  Clarifies the method for closing a municipal flat to depuration harvesting when the 
municipality is conducting pollution abatement activities.