An Act To Amend the Law Regarding Temporary Medical Allowances for Lobster and Crab Fishing License Holders
Maine Legislature, Session 128, LD 1720
Committee: Marine Resources
Sponsors: McCREIGHT, VITELLI, BATTLE, DEVIN, KUMIEGA, LANGLEY
Amends: 12 MRSA §6450, 12 MRSA §6450-A

Legislative Document
No. 1720
H.P. 1200
House of Representatives, December 22, 2017
An Act To Amend the Law Regarding Temporary Medical 
Allowances for Lobster and Crab Fishing License Holders
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 19, 2017.  Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: BATTLE of South Portland, DEVIN of Newcastle, KUMIEGA of Deer Isle, 
Senator: LANGLEY of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6450, as enacted by PL 2013, c. 239, §9, is amended to read:
§6450.  Temporary medical allowance
1.  Temporary medical allowance.  Notwithstanding section 6421, upon request the 
commissioner may issue a temporary medical allowance that permits an individual to fish 
under the authority of the license of a Class I, Class II or Class III lobster and crab fishing 
license holder but not under the license holder's direct supervision if the following criteria 
are met:
A.  The individual who will be fishing has successfully completed an apprentice 
program under section 6422;
B.  The individual who will be fishing is the child or spouse of the individual who 
holds the Class I, Class II or Class III lobster and crab fishing license;
C.  The holder of the Class I, Class II or Class III lobster and crab fishing license is 
unable to use that license due to a substantial illness or medical condition.  The 
holder of the Class I, Class II or Class III lobster and crab fishing license shall 
provide the commissioner with documentation from a physician describing the illness 
or other medical condition; and
D.  The holder of the Class I, Class II or Class III lobster and crab fishing license 
documents to the commissioner that the license holder harvested a minimum of 1,000 
pounds of lobsters within one year prior to the request for the temporary medical 
allowance.
A temporary medical allowance may not exceed one year 2 years.  A request for a 
temporary medical allowance must be in writing and must specify the dates for which the 
temporary medical allowance is requested.  The holder of the Class I, Class II or Class III 
lobster and crab fishing license on which the temporary medical allowance is based must 
maintain a valid license during the duration of the temporary medical allowance.   The 
holder of the Class I, Class II or Class III lobster and crab fishing license is liable for the 
activities of the individual fishing under the temporary medical allowance.
Sec. 2.  12 MRSA §6450-A is enacted to read:
§6450-A.  Temporary terminal illness medical allowance
1.  Temporary terminal illness medical allowance.  Notwithstanding section 6421, 
upon request the commissioner may issue a temporary terminal illness medical allowance 
that permits an individual to fish under the authority of the license of a Class I, Class II or 
Class III lobster and crab fishing license holder if the following criteria are met:
A.  The individual who will be fishing has successfully completed an apprentice 
program under section 6422;
B.  The individual who will be fishing is the child or spouse of the individual who 
holds the Class I, Class II or Class III lobster and crab fishing license;
C.  The holder of the Class I, Class II or Class III lobster and crab fishing license has 
been diagnosed within the previous year with a terminal illness by at least 2 
physicians licensed in this State, one of whom is a physician who specializes in the 
treatment of the illness diagnosed. The holder of the Class I, Class II or Class III 
lobster and crab fishing license shall provide the commissioner with documentation 
of the diagnosis from at least 2 physicians licensed in this State, including one who is 
a physician who specializes in the treatment of the illness diagnosed; and
D.  The holder of the Class I, Class II or Class III lobster and crab fishing license 
documents to the commissioner that the license holder harvested a minimum of 1,000 
pounds of lobsters within one year prior to the request for the temporary terminal 
illness medical allowance.
A request for a temporary terminal illness medical allowance must be in writing and must 
specify the dates for which the temporary terminal illness medical allowance is requested. 
The holder of the Class I, Class II or Class III lobster and crab fishing license on which 
the temporary terminal illness medical allowance is based must maintain a valid license 
during the duration of the temporary terminal illness medical allowance. The holder of 
the Class I, Class II or Class III lobster and crab fishing license is liable for the activities 
of the individual fishing under the temporary terminal illness medical allowance.
2.  Fishing and record-keeping requirements.  The holder of the Class I, Class II or 
Class III lobster and crab fishing license must be present on the vessel with the individual 
authorized to fish under this section for at least half of the hours the individual spends 
fishing under the authority of that license. The logbook required under section 6445 must 
document fishing hours of the person authorized to fish under this section and whether 
the holder of the Class I, Class II or Class III lobster and crab fishing license was present 
on the vessel during those hours.  The holder of the license on which the temporary 
terminal illness medical allowance is based shall submit the logbook to the commissioner 
before the allowance may be renewed or prior to December 31st of the year in which the 
allowance was issued, whichever is earlier.
3.  Exclusivity.  The issuance of a temporary terminal illness medical allowance 
under this section does not affect a license holder's eligibility for a temporary medical 
allowance under section 6450.
4.  Term; renewal.  A temporary terminal illness medical allowance may not exceed 
one year. The commissioner may renew a temporary terminal illness medical allowance 
up to 2 times upon a request in writing from the holder of the Class I, Class II or Class III 
lobster and crab fishing license on which the temporary terminal illness medical 
allowance is based.
SUMMARY
This bill extends the maximum duration of a temporary medical allowance for lobster 
and crab fishing license holders from one year to 2 years.
The bill also creates a temporary terminal illness medical allowance that allows an 
individual to fish under the authority of the license of a Class I, Class II or Class III 
lobster and crab fishing license holder when the individual is a spouse or child of the 
license holder and has completed the lobster apprentice program and the license holder 
has been diagnosed with a terminal illness and harvested a minimum of 1,000 pounds of 
lobsters within one year prior to the request for the temporary terminal illness medical 
allowance. The bill requires the license holder to be present on the vessel for at least half 
of the hours during which the individual is fishing under the authority of the license on 
which the temporary terminal illness medical allowance is based. The temporary terminal 
illness medical allowance may not exceed one year in duration and may be renewed up to 
times.