An Act To Improve Lobster Licensing
Maine Legislature, Session 127, LD 0896
Committee: Marine Resources
Sponsors: ALLEY, BURNS, BURSTEIN, COREY, HUBBELL, MAKER, SAWICKI, SHORT, STANLEY, TUELL
Amends: 12 MRSA §6421, 12 MRSA §6431-A, 12 MRSA §6445

Legislative Document 
No. 896 
H.P. 615 
House of Representatives, March 12, 2015 
An Act To Improve Lobster Licensing 
Reference to the Committee on Marine Resources suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative ALLEY of Beals. 
Cosponsored by Senator BURNS of Washington and 
Representatives: BURSTEIN of Lincolnville, COREY of Windham, HUBBELL of Bar 
Harbor, MAKER of Calais, SAWICKI of Auburn, SHORT of Pittsfield, STANLEY of 
Medway, TUELL of East Machias. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6421, sub-§5, as amended by PL 2011, c. 486, §1, is further 
amended to read: 
5.  Eligibility.  A noncommercial or student lobster and crab fishing license may only 
be issued only to an individual who is a resident.  A Class I, Class II or Class III license 
may be issued to a person 17 years of age or older only if the person: 
A.  Possessed a Class I, Class II or Class III lobster and crab fishing license in the 
previous calendar year; 
C.  Meets the requirements of the apprentice program under section 6422; or 
D.  Did not possess a Class I, Class II or Class III lobster and crab fishing license in 
the previous calendar year because the commissioner had suspended the person's 
license privileges for a length of time that included the previous calendar year.; or 
I.  Is a retired marine patrol officer who qualifies for a service retirement benefit 
under section 17851 or 17851-A of Title 5. 
Notwithstanding the age requirements of this subsection, a person who holds a Class I, 
Class II or Class III license on December 31, 2007 may continue to be issued a Class I, 
Class II or Class III license provided that person continues to meet the requirements of 
paragraph A. 
Sec. 2.  12 MRSA §6421, sub-§5-F is enacted to read: 
5-F.  Transfer of license upon sale of vessel and lobster and crab fishing traps.  A 
holder of a Class I, Class II or Class III lobster and crab fishing license may transfer the 
license to a person who has completed the apprentice program under section 6422, as 
long as the transferor notifies the department and the following conditions are met: 
A.  The transferor holds a valid Class I, Class II or Class III lobster and crab fishing 
license as of the date of the sale; 
B.  The transferor of the license sells to the transferee of the license the vessel used 
for lobster and crab fishing under the transferor's license, as described in section 
6431-E; 
C.  The transferee of the license purchases at least as many lobster and crab fishing 
traps from the transferor as the number of trap tags the transferee is eligible to 
purchase in the current license year; and 
D.  The transferor transfers the license, vessel and lobster and crab fishing traps to the 
transferor's 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, grandparent, nephew or niece. 
Notwithstanding section 6448, the transferee of a lobster and crab fishing license under 
this section may be issued the license the transferee is eligible for at the date of sale 
without going on a waiting list.  The commissioner shall adopt rules to implement the 
provisions of this subsection.  Rules adopted pursuant to this subsection are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 3.  12 MRSA §6431-A, sub-§1-A is enacted to read: 
1-A.  Limit; retired marine patrol officer.  A person who is eligible for a lobster 
and crab fishing license solely under section 6421, subsection 5, paragraph I may not 
submerge more than 400 traps. 
Sec. 4.  12 MRSA §6445, as amended by PL 1999, c. 771, Pt. B, §3 and affected 
by Pt. D, §§1 and 2, is further amended to read: 
§6445.  Logbooks for lobster harvesters 
The commissioner shall adopt rules requiring any person holding a lobster and crab 
fishing license to maintain a logbook.  The rules must indicate the type of data that must 
be recorded in the logbook, the manner for producing the logbooks and the method for 
analyzing data from the logbooks.  The commissioner may not require that a logbook 
maintained under this section be produced for inspection more than 4 times during any 
10-year period. The commissioner shall charge a fee for the logbook that is sufficient to 
recover all costs associated with the production of the logbook and the analysis of the 
data.  Fees received by the department from the sale of logbooks are dedicated revenue 
and must be used by the department for the purposes of this section.  The logbook and 
data analysis may be produced and conducted by the department or may be produced and 
conducted by a public or private entity under contract with the department.  Disclosure of 
any data collected under this section is subject to the confidentiality provisions of section 
6173.  A person who fails to maintain a logbook when required to do so commits a civil 
violation for which a forfeiture of not less than $100 and not more than $500 may be 
adjudged.  Rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill provides that the holder of a Class I, Class II or Class III lobster and crab 
fishing license may transfer the license to the buyer of the transferor's vessel and lobster 
and crab fishing traps if the transferee has completed the apprentice program under the 
Maine Revised Statutes, Title 12, section 6422.  This bill further provides that a retired 
marine patrol officer is eligible for a lobster and crab fishing license with a 400 trap limit.  
This bill also provides that a logbook maintained by a holder of a lobster and crab fishing 
license may not be inspected by the Commissioner of Marine Resources more than 4 
times in any 10-year period.