An Act To Implement an Owner-Operator Requirement in the Scallop and Sea Urchin Fisheries
Maine Legislature, Session 128, LD 0068
Committee Amendment CA_A_H323 (House)
Amends: 12 MRSA §6702, 12 MRSA §6720, 12 MRSA §6722, 12 MRSA §6748-A, 12 MRSA §6749-D, 12 MRSA §6954-C

COMMITTEE AMENDMENT "A" to H.P. 55, L.D. 68, Bill, "An Act To 
Implement an Owner-Operator Requirement in the Scallop and Sea Urchin Fisheries" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §6702, sub-§2-A, as enacted by PL 2007, c. 607, Pt. A, §2, is 
amended to read: 
2-A. Exemptions. Notwithstanding subsection 2, the commissioner may authorize a 
person to fish for or take scallops from a boat when the person holding a scallop dragging 
license that contains the name of that boat is not on board if: 
A. The holder of the scallop dragging license documents to the commissioner that an 
illness or disability temporarily prevents the license holder from fishing for or taking 
scallops from that boat and requests in writing to the commissioner that the 
commissioner authorize another person to use that boat to fish for or take scallops; or 
B. 
The boat named on the license of a license holder is temporarily inoperable 
because of an accident or a mechanical failure and the license holder requests in 
writing to the commissioner that the commissioner authorize the license holder to use 
another boat to fish for or take scallops. 
This subsection is repealed Januaiy 1, 2018. 
Sec. 2. 12 MRSA §6720 is enacted to read: 
§6720. Vessel limitation 
1. Definitions, As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Family member" means a 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 or grandparent. 
B. "Owner" means: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A-" to H.P. 55, L.D. 68 
(1) An individual who is the owner of a vessel registered under chapter 935 or 
the owner of a vessel documented under 46 Code of Federal Regulations, Part 67; 
(2) The person who owns the highest percentage of a partnership, corporation or 
other entity that is the owner of a vessel registered under chapter 935 or a vessel 
documented under 46 Code of Federal Regulations, Patt 67; or 
(3) When 2 or more people own in equal proportion the highest percentages of a 
pmtnership, corporation or other entity that owns a vessel registered under 
chapter 935 or a vessel documented under 46 Code of Federal Regulations, Patt 
67, one of the highest percentage owners as designated by the owners of that 
pattnership, corporation or other entity. 
2. Owner or family member on board. Beginning Januaty 1, 2018, except as 
provided in subsection 3, a vessel may not be used for dragging for scallops in the State's 
territorial waters unless that vessel is owned by a person holding a scallop dragging 
license issued under section 6702 and: 
A. The owner of that vessel is present on that vessel and has that vessel named on the 
owner's scallop dragging license; or 
B. A family member of the vessel owner holds a scallop dragging license issued 
under section 6702 and is present on that vessel. 
3. Exemptions; individuals. Beginning Januaty 1, 2018, the commissioner may 
authorize a person to drag for scallops from a vessel when an owner or family member is 
not on board pursuant to subsection 2 if that person holds a scallop dragging license 
issued under section 6702 and: 
A. The owner of that vessel holds a scallop dragging license issued under section 
6702, documents to the commissioner that an illness or disability temporarily 
prevents that owner from fishing for or taking scallops from that vessel and requests 
in writing to the commissioner that the commissioner authorize that person to use that 
vessel to fish for or take scallops; 
B. Is the owner of a vessel that has become temporarily inoperable because of an 
accident or a mechanical failure and requests in writing permission from the 
commissioner to use that vessel to fish for or take scallops; 
C. Was the owner of a vessel that was named on that person's scallop dragging 
license but is no longer the owner of that vessel due to sale or foreclosure. The 
person must demonstrate immediate intent to become the owner of another vessel to 
be used to fish for or take scallops and request in writing permission from the 
commissioner to use the other vessel to fish for or take scallops for a limited period 
oftime; or 
D. The person recorded landings of scallops taken by dragging during the scallop 
dragging season that ended immediately prior to November 30, 2017, dragged for 
those scallops from one boat and that boat did not have on board an individual who 
meets the requirements of subsection 2, paragraph A or B and the owner of the boat 
was a family member of the person applying for the exemption under this paragraph. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 55, L.D. 68 
4. Exemptions based upon 2017 fishing. Beginning January 1, 2018, a person may 
drag for scallops from a vessel when an owner or family member is not on board pursuant 
to subsection 2 during the first scallop dragging season that begins after November 30, 
2017 pursuant to section 6722 if that person holds a scallop dragging license issued under 
section 6702 and: 
A. The person recorded landings of scallops taken by dragging during the scallop 
dragging season that ended immediately prior to November 30, 2017 pursuant to 
section 6722, dragged for those scallops from one boat and that boat did not have on 
board an individual who meets the requirements of subsection 2, paragraph A or B 
and the owner of the boat was a family member of the person applying for the 
exemption under this paragraph. A person qualifies for the exemption under this 
paragraph only as long as the person drags for scallops and records landings of 
scallops taken by dragging from the same boat used to originally qualify for this 
exemption and that boat is owned by the same family member; or 
B. The person recorded landings of scallops taken by dragging during the scallop 
dragging season that ended immediately prior to November 30, 2017 pursuant to 
section 6722, dragged for those scallops from one boat and that boat did not have on 
board an individual who meets the requirements of subsection 2, paragraph A or B. 
A person qualifies for the exemption under this paragraph only as long as the person 
drags for scallops and records landings of scallops taken by dragging from the same 
boat used to originally qualify for this exemption. 
This paragraph is repealed January 1, 2020. 
5. Rules. The commissioner may adopt rules to implement and administer this 
section. Rules adopted pursuant to this subsection are routine technical rules pursuant to 
Title 5, chapter 375, subchapter 2-A. 
Sec. 3. 12 MRSA §6722, sub-§1, as repealed and replaced by PL 2007, c. 695, 
Pt. I, §6, is amended to read: 
1. 
Scallop dragging season. 
Unless modified by rules adopted under section 
6171-A, a person may not fish for or take scallops by dragging in the territorial waters 
from April 16th to November 30th, both days inclusive. 
Sec. 4. 12 MRSA §6748-A, sub-§2-B, 11A and B, as enacted by PL 2001, c. 
327, §7 and affected by §21, are amended to read: 
A. The holder of the sea urchin dragging license documents to the commissioner that 
an illness or disability temporarily prevents the license holder from fishing for or 
taking sea urchins from that vessel and requests in writing to the commissioner that 
the commissioner authorize another person to use that vessel to fish for or take sea 
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urchins from the vessel;-" 
This paragraph is repealed January 1, 2018; 
B. The vessel named on the license of a license holder is temporarily inoperable 
because of an accident or a mechanical failure and the license holder requests in 
writing to the commissioner that the commissioner authorize the license holder to use 
another vessel to fish for or take sea urchinst-ff, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 55, L.D. 68 
This paragraph is repealed January 1, 2018; or 
Sec. 5. 12 MRSA §6749-D is enacted to read: 
§6749-D. Vessel limitation 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Family member" means a 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 or grandparent. 
B. "Owner" means: 
(1) An individual who is the owner of a vessel registered under chapter 93 5 or 
the owner of a vessel documented under 46 Code of Federal Regulations, Part 67; 
(2) The person who owns the highest percentage of a pmtnership, corporation or 
other entity that is the owner of a vessel registered under chapter 935 or a vessel 
documented under 46 Code of Federal Regulations, Patt 67; or 
(3) When 2 or more people own in equal prop01tion the highest percentages of a 
partnership, corporation or other entity that owns a vessel registered under 
chapter 935 or a vessel documented under 46 Code of Federal Regulations, Pait 
67, one of the highest percentage owners as designated by the owners of that 
pmtnership, corporation or other entity. 
2. Owner or family member on board. Beginning January 1, 2018, except as 
provided in subsection 3, a vessel may not be used for dragging for sea urchins in the 
State's territorial waters unless that vessel is owned by a person holding a sea urchin 
dragging license issued under section 6748-A and: 
A. The owner of that vessel is present on that vessel and has that vessel named on the 
owner's sea urchin dragging license; or 
B. A family member of the vessel owner holds a sea urchin dragging license issued 
under section 6748-A and is present on that vessel. 
3. Exemptions; individuals. Beginning January 1, 2018, the commissioner may 
authorize a person to drag for sea urchins from a vessel when an owner or family member 
is not on board pursuant to subsection 2 if that person holds a sea urchin dragging license 
issued under section 6748-A and: 
A. The owner of that vessel holds a sea urchin dragging license issued under section 
6748-A, documents to the commissioner that an illness or disability temporarily 
prevents that owner from fishing for or taking sea urchins from that vessel and 
requests in writing to the commissioner that the commissioner authorize that person 
to use that vessel to fish for or take sea urchins; 
7 
B. Is the owner of a vessel that has become temporarily inoperable because of an 
8 
accident or a mechanical failure and requests in writing permission from the 
commissioner to use that vessel to fish for or take sea urchins; or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A " 
to H.P. 55, L.D. 68 
'i, 
C. Was the owner of a vessel that was named on that person's sea urchin dragging 
license but is no longer the owner of that vessel due to sale or foreclosure. The person 
must demonstrate immediate intent to become the owner of another vessel to be used 
to fish for or take sea urchins and request in writing permission from the 
commissioner to use the other vessel to fish for or take sea urchins for a limited 
period of time. 
4. Exemptions based upon 2017 fishing. Beginning January I, 2018, a person may 
drag for sea urchins from a vessel when an owner or family member is not on board 
pursuant to subsection 2 during the first sea urchin dragging season that begins after 
August 31, 2017 if that person holds a sea urchin dragging license issued under section 
6748-A and: 
A. The person recorded landings of sea urchins taken by dragging during the sea 
urchin dragging season that ended immediately prior to August 31, 2017, dragged for 
those sea urchins from one boat and that boat did not have on board an individual 
who meets the requirements of subsection 2, paragraph A or B and the owner of the 
boat was a family member of the person applying for the exemption under this 
I 7 
paragraph. A person qualifies for the exemption under this paragraph only as long as 
the person drags for sea urchins and records landings of sea urchins taken by 
dragging from the same boat used to originally qualify for this exemption and that 
boat is owned by the same family member; or 
B. The person recorded landings of sea urchins taken by dragging during the sea 
urchin dragging season that ended immediately prior to August 31, 2017, dragged for 
those sea urchins from one boat and that boat did not have on board an individual 
who meets the requirements of subsection 2, paragraph A or B. A person qualifies 
for the exemption under this paragraph only as long as the person drags for sea 
urchins and records landings of sea urchins taken by dragging from the same boat 
used to originally qualify for this exemption. 
This paragraph is repealed January 1, 2020. 
5. Rules. The commissioner may adopt rules to implement and administer this 
section. Rules adopted pursuant to this subsection are routine technical rules pursuant to 
Title 5, chapter 375, subchapter 2-A. 
Sec. 6. 12 MRSA §6954-C, sub-§1, as amended by PL 2001, c. 272, §17, is 
further amended to read: 
1. Gear requirements. It is unlav,rful to The holder of a scallop dragging license or 
sea urchin dragging license may not possess on the boat identified on that person's license 
or fish with, in the territorial waters northerly and inshore of the international bridge that 
connects Lubec to Campobello Island, New Brunswick, Canada with-.. any drag or 
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combination of drags: 
A. That measures in excess of 5 feet, 6 inches in width measuring from one extreme 
outside edge of the mouth of the drag or combination of drags to the opposite extreme 
outside edge; and 
B. If used for the taking of scallops, that is greater than 8 rings deep. 
Sec. 7. 12 MRSA §6954-C, sub-§1-A is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 55, L.D. 68 
1-A. Exception. Notwithstanding subsection 1, the holder of a sea urchin dragging 
license may possess gear used for dragging scallops on the boat identified on that person's 
sea urchin dragging license if that boat is also identified on any scallop dragging license 
and there are no scallops on that boat.' 
SUMMARY 
This amendment replaces the bill. The amendment retains the provisions of the bill 
that create an owner-operator requirement in the scallop dragging and sea urchin dragging 
fisheries, but allows a person who fished with a family member in the 2017 fishing 
season on a boat the person does not own to continue fishing from that boat until the boat 
is no longer owned by that family member. The amendment also allows a person who 
does not meet the boat ownership requirements but who dragged for scallops or sea 
urchins and recorded landings in the 2017 fishing season on a boat the person does not 
own to continue fishing from that boat until January 1, 2020. 
The amendment specifies that the prohibition against fishing for or taking scallops 
from April 16th to November 30th applies only to scallop dragging. 
The amendment allows the holder of a sea urchin dragging license to possess gear 
used for scallop dragging on the boat identified on the sea urchin dragging license if that 
boat is also listed on any scallop dragging license and there are no scallops on that boat. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/25/17 feac:. 
LD68 
LR 121(02) 
An Act To Implement an Owner-Operator Requirement in the Scallop and Sea Urchin Fisheries 
Fiscal Note for Bill as Amended by Committee Amendment.;}{ fl-J).,J») 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Marine Resources associated with the implementation of the owner-
operator requirements in the scallop dragging and sea urchin dragging fisheries are anticipated to be minor and can be 
absorbed within existing budgeted resources. 
LRO 121 (02) - Fiscal Note - Page 1 of 1