An Act To Extend the Time for an Appeal of Limited Entry Fishing License Denial for Members of the Military
Maine Legislature, Session 128, LD 1454
Committee: Marine Resources
Sponsors: BATTLE
Amends: 12 MRSA §6310-A, 12 MRSA §6310-B

Legislative Document
No. 1454
H.P. 1004
House of Representatives, April 18, 2017
An Act To Extend the Time for an Appeal of Limited Entry Fishing 
License Denial for Members of the Military
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 BATTLE of South Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6310-A, sub-§1, as enacted by PL 2013, c. 319, §2, is 
amended to read: 
1.  Appeal of license denial.  A person who is denied a license for a limited entry 
fishery because that person does not meet the eligibility requirements due to service in the 
United States Armed Forces or the United States Coast Guard precluding that person 
from participating in the fishery may appeal to the commissioner under this section for a 
review of that license denial.  A license may be granted by the commissioner under this 
section only if the person: 
A.  Documents that the person harvested the relevant species while in possession of a 
fishing license for that species within one year prior to entering the service; 
B.  Has not served for more than 10 consecutive years since the most recent year in 
which the person held a license; 
C.  Has not been dishonorably discharged from service; and 
D.  Requests an appeal under this section within one year of discharge from service. 
Notwithstanding paragraphs B and D, a license may be granted to a person pursuant to 
this section who is actively serving in the United States Armed Forces or the United 
States Coast Guard for a period of more than 10 consecutive years as long as the person 
pays a license fee for each year beyond those 10 years. 
Sec. 2.  12 MRSA §6310-B is enacted to read: 
§6310-B.  Continued eligibility for lobster and crab fishing licenses following 
successful appeal 
A person who, upon appeal pursuant to section 6310-A, is issued a Class I, II or III 
lobster and crab fishing license shall submit landings data for the following 2 license 
years in accordance with rules adopted pursuant to section 6173.  During the 2nd license 
year following the successful appeal in which that person holds a Class I, II or III lobster 
and crab fishing license, the person shall provide landings reports indicating a minimum 
of 50 landings days and sales of lobster to an individual licensed under section 6851 
during that license year.  If a person fails to meet the requirements of this section, the 
person is no longer eligible for a Class I, II or III lobster and crab fishing license and the 
commissioner shall revoke the license. 
SUMMARY 
This bill eliminates the time limitation after which a military waiver of license denial 
is no longer available for a limited entry fishing license.  It also requires that if a person 
who is denied a Class I, II or III lobster and crab fishing license because that person does 
not meet the eligibility requirements due to service in the military successfully appeals 
that denial, that person must submit landings data for the first 2 years in which that 
person holds a license.  The person must demonstrate a minimum of 50 landings days and 
sales of lobster to a wholesale seafood dealer or the person ceases to be eligible to obtain 
that fishing license.