An Act Regarding Legal Lobster Haul Times outside of the 3-mile Line
Maine Legislature, Session 128, LD 0392
Committee: Marine Resources
Sponsors: TUELL
Amends: 12 MRSA §6302-A, 12 MRSA §6440, 12 MRSA §6440-A, 12 MRSA §6447

Legislative Document
No. 392
H.P. 283
House of Representatives, February 7, 2017
An Act Regarding Legal Lobster Haul Times outside of the 3-mile 
Line
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TUELL of East Machias.  (BY REQUEST)
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6302-A, sub-§2, as amended by PL 2013, c. 254, §2, is 
further amended to read: 
2.  Tribal exemption; sustenance or ceremonial tribal use.  Notwithstanding any 
other provision of law, a member of the Passamaquoddy Tribe, Penobscot Nation, 
Aroostook Band of Micmacs or Houlton Band of Maliseet Indians who is a resident of 
the State may at any time take, possess, transport and distribute: 
A.  Any marine organism, except lobster, for sustenance use if the tribal member 
holds a valid sustenance fishing license issued by the tribe, nation or band or the 
agent of the band.  A sustenance fishing license holder who fishes for sea urchins 
may not harvest sea urchins out of season; 
B.  Lobsters for sustenance use, if the tribal member holds a valid sustenance lobster 
license issued by the tribe, nation or band or the agent of the band.  The sustenance 
lobster license holder's traps must be tagged with sustenance use trap tags issued by 
the tribe, nation or band or the agent of the band in a manner consistent with trap tags 
issued pursuant to section 6431-B; however, a sustenance lobster license holder may 
not harvest lobsters for sustenance use with more than 25 traps; and 
C.  Any marine organism for noncommercial use in a tribal ceremony within the 
State, if the member holds a valid ceremonial tribal permit issued to the tribal 
member by the Joint Tribal Council of the Passamaquoddy Tribe or the governor and 
council at either Passamaquoddy reservation, by the Penobscot Reservation Tribal 
Council, by the Aroostook Band of Micmacs Tribal Council or its agent or by the 
Houlton Band of Maliseet Indians Tribal Council or its agent. 
For purposes of this subsection, "sustenance use" means all noncommercial consumption 
or noncommercial use by any person within Passamaquoddy Indian territory, as defined 
in Title 30, section 6205, subsection 1, Penobscot Indian territory, as defined in Title 30, 
section 6205, subsection 2, Aroostook Band Trust Land, as defined in Title 30, section 
7202, subsection 2, or Houlton Band Trust Land, as defined in Title 30, section 6203, 
subsection 2-A, or at any location within the State by a tribal member, by a tribal 
member's immediate family or within a tribal member's household.  The term "sustenance 
use" does not include the sale of marine organisms.   
A member of the Passamaquoddy Tribe, Penobscot Nation, Aroostook Band of Micmacs 
or Houlton Band of Maliseet Indians who takes a marine organism under a license or 
permit issued pursuant to this subsection must comply with all laws and rules applicable 
to a person who holds a state license or permit that authorizes the taking of that organism, 
except that a state law or rule that sets a season for the harvesting of a marine organism 
does not apply to a member of the Passamaquoddy Tribe, Penobscot Nation, Aroostook 
Band of Micmacs or Houlton Band of Maliseet Indians who takes a marine organism for 
sustenance use or for noncommercial use in a tribal ceremony.  A member of the 
Passamaquoddy Tribe, Penobscot Nation, Aroostook Band of Micmacs or Houlton Band 
of Maliseet Indians issued a license or permit under this subsection is exempt from 
paying elver gear fees under section 6505-B or trap tag fees under section 6431-B and is 
not required to hold a state shellfish license issued under section 6601 to obtain a 
municipal shellfish license pursuant to section 6671.  A member of the Passamaquoddy 
Tribe, Penobscot Nation, Aroostook Band of Micmacs or Houlton Band of Maliseet 
Indians who fishes for or takes lobster under a license or permit issued pursuant to this 
subsection must comply with the closed periods under section 6440 6440-A. 
Sec. 2.  12 MRSA §6440, as amended by PL 2001, c. 123, §1, is repealed. 
Sec. 3.  12 MRSA §6440-A is enacted to read: 
§6440-A.  Closed periods 
1.  Summer and weekends.  Except as provided in subsection 2, a person may not 
raise or haul a lobster trap: 
A.  During the period 1/2 hour after sunset until 1/2 hour before sunrise from June 1st 
to October 31st; and 
B.  During the period from 4 p.m., Eastern Daylight Saving Time, Saturday, to 1/2 
hour before sunrise the following Monday morning from June 1st to August 31st, 
except that it is lawful to raise or haul traps during this period if a hurricane warning 
issued by the National Weather Service is in effect for any coastal waters of the State. 
2.  Exception.  Notwithstanding subsection 1, a person may raise or haul a lobster 
trap during any time of day and on any day of the year in waters seaward of the territorial 
waters if the person: 
A.  Holds a lobster and crab fishing license issued under section 6421 that identifies 
the lobster management zone that terminates at its easternmost point at the 
international boundary line of Canada and the United States as the license holder's 
declared lobster zone; and 
B.  Holds a federal permit to fish for lobsters beyond the State's territorial waters. 
Sec. 4.  12 MRSA §6447, sub-§5, as amended by PL 2015, c. 68, §6, 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 or 6440 6440-A: 
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. 
SUMMARY 
This bill allows a person who holds a State-issued lobster and crab fishing license 
who has declared the easternmost lobster management zone as that person's declared 
lobster zone and who holds a federal permit to fish for lobster to raise or haul a lobster 
trap during any time of day and on any day of the year seaward of the State's territorial 
waters.