An Act To Provide for Improved Reporting of Marine Resources Landings
Maine Legislature, Session 127, LD 1227
Committee: Marine Resources
Sponsors: KRUGER, BAKER, SAWICKI, MIRAMANT
Amends: 12 MRSA §6173, 12 MRSA §6535, 12 MRSA §6701, 12 MRSA §6748, 12 MRSA §6851

Legislative Document 
No. 1227 
H.P. 845 
House of Representatives, April 7, 2015 
An Act To Provide for Improved Reporting of Marine Resources 
Landings 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative KRUGER of Thomaston. 
Cosponsored by Senator BAKER of Sagadahoc and 
Representative: SAWICKI of Auburn, Senator: MIRAMANT of Knox. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6173, sub-§§3 and 4 are enacted to read: 
3.  Equipment required.  The commissioner may require a person licensed under 
chapter 625 to purchase specific equipment that is necessary to comply with rules 
regarding electronic reporting adopted pursuant to this section as a condition of engaging 
in the licensed activities. 
4.  Reimbursement for equipment provided.  If the holder of a license issued under 
chapter 625 fails to pay a fee or charge for equipment that is necessary to comply with 
rules regarding electronic reporting adopted pursuant to this section and that was 
provided by the department and either not returned to the department by the license 
holder or returned in poor condition, the commissioner may refuse to renew or issue any 
marine resources license or permit to that license holder. 
Sec. 2.  12 MRSA §6535, sub-§2, as amended by PL 2013, c. 492, §6, is further 
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 platform 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 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, "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 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 or sells scallops to a 
purchaser who holds a valid wholesale seafood license 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, 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, 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. 3.  12 MRSA §6701, sub-§2, as repealed and replaced by PL 2009, c. 561, 
§22, is amended to read: 
2.  Licensed activity.  The holder of a hand fishing scallop license may take scallops 
by hand or possess, ship, transport or sell shucked scallops the holder has taken.  An 
unlicensed person acting as a tender for an individual licensed under subsection 5, 
paragraph B, in accordance with subsection 4, may possess, ship, transport and sell 
shucked scallops the hand fishing scallop license holder has taken.  A person may not act 
as a tender under subsection 5, paragraph B unless that person has met the tender safety 
requirements adopted by rule pursuant to section 6533. 
Sec. 4.  12 MRSA §6748, sub-§2, as corrected by RR 2013, c. 1, §23, is amended 
to read: 
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 1-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: 
(1)  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. 
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 with 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. 
Sec. 5.  12 MRSA §6851, sub-§2, ¶A, as amended by PL 2011, c. 598, §41, is 
further amended to read: 
A.  Within or beyond the state limits, buy, sell, process, ship or transport any marine 
species or their parts, except lobsters and sea urchins; scallops purchased directly 
from harvesters; and shrimp purchased directly from harvesters; 
Sec. 6.  12 MRSA §6851, sub-§2-E is enacted to read: 
2-E.  Wholesale seafood license with a scallop permit.  At the request of the 
applicant, the commissioner shall issue a wholesale seafood license with a scallop permit.  
A person holding a wholesale seafood license with a scallop permit may engage in all of 
the activities in subsection 2, may buy scallops from harvesters and may sell, process, 
ship or transport scallops. 
SUMMARY 
This bill changes the marine resources licensing laws to facilitate the expansion of the 
use of the transaction card system for electronic dealer reporting that was successfully 
implemented in Maine's elver fishery in 2014.  Specifically, it provides that an individual 
who holds a dealer's license may be required to obtain equipment specified by the 
Department of Marine Resources in order to engage in licensed activities.  Additionally, 
it specifies that in the sea urchin and scallop fisheries the license holder must be the 
individual who sells the harvested product.  This change is necessary because only the 
license holder will be issued a transaction card. 
It also prohibits a holder of a wholesale seafood license from dealing in scallops 
without the holder's obtaining from the Commissioner of Marine Resources a scallop 
permit, which permits the holder to buy scallops from harvesters and to sell, process, ship 
or transport scallops.