An Act To Implement an Owner-Operator Requirement in the Scallop and Sea Urchin Fisheries
Maine Legislature, Session 128, LD 1380
Committee: Marine Resources
Sponsors: KUMIEGA
Amends: 12 MRSA §6702, 12 MRSA §6706, 12 MRSA §6720, 12 MRSA §6722, 12 MRSA §6748-A, 12 MRSA §6749-D, 12 MRSA §6749-N

Legislative Document
No. 1380
H.P. 959
House of Representatives, April 11, 2017
An Act To Implement an Owner-Operator Requirement in the 
Scallop and Sea Urchin Fisheries
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 KUMIEGA of Deer Isle.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6702, sub-§2, as amended by PL 2011, c. 598, §31, is further 
amended to read: 
2.  Licensed activity.  A person licensed under this section may use the boat 
identified on the license to drag for scallops in the State's territorial waters and possess, 
ship, sell or transport shucked scallops taken under the license.  The license also 
authorizes the captain and crew members aboard the boat identified on the license when 
engaged in dragging for scallops to undertake these activities, except that the captain and 
crew members may not fish for or take scallops if the license holder is not aboard that 
boat except as provided in subsection 2-A. 
Sec. 2.  12 MRSA §6702, sub-§2-A, as enacted by PL 2007, c. 607, Pt. A, §2, is 
repealed. 
Sec. 3.  12 MRSA §6706, sub-§3, as amended by PL 2011, c. 237, §2, is further 
amended to read: 
3.  Scallop license limited entry system.  Notwithstanding subsection 2, the 
commissioner shall establish by rule a limited entry system under which a person who did 
not hold a hand fishing scallop license or a scallop dragging license in the previous 
calendar year may become eligible to obtain that license.  The rules for a limited entry 
system must include provisions for the method and administration of the program.  Rules 
adopted pursuant to this subsection are major substantive routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4.  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: 
(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, Part 67; or 
(3)  When 2 or more people own in equal proportion 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, Part 
67, one of the highest percentage owners as designated by the owners of that 
partnership, corporation or other entity. 
2.  Owner or family member on board.  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.  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 
another owner's 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 another owner's vessel to fish for or take scallops; or 
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 another owner's vessel to fish for or take scallops for a limited period of time. 
4.  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. 5.  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. 6.  12 MRSA §6748-A, sub-§2-B, ¶¶A and B, as enacted by PL 2001, c. 
327, §7 and affected by §21, are repealed. 
Sec. 7.  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 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, Part 67; or 
(3)  When 2 or more people own in equal proportion 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, Part 
67, one of the highest percentage owners as designated by the owners of that 
partnership, corporation or other entity. 
2.  Owner or family member on board.  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.  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;  
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 another owner's vessel to fish for or take sea urchins; or 
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 another owner's vessel to fish for or take sea urchins for a 
limited period of time. 
4.  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. 8.  12 MRSA §6749-N, as amended by PL 2013, c. 301, §17, is further 
amended to read: 
§6749-N.  Closed areas; zone identification 
Notwithstanding section 6749, it is unlawful for a person to fish for or take sea 
urchins from: 
1.  Zone 1.  Notwithstanding section 6749, it is unlawful for a person to fish for or 
take sea urchins from Zone 1, from May 1st to July 31st.  For the purposes of this article, 
unless modified by rules adopted pursuant to this section, "Zone 1" means all coastal 
waters west of a line beginning at the easternmost point of Fort Point State Park on Cape 
Jellison then running southwesterly to channel marker #1 south of Sears Island, then 
running southwesterly to channel marker RW "11" located between Marshall's Point and 
Bayside in the Town of Northport, then running southwesterly to Graves channel marker 
southeast of the Town of Camden, then running southeasterly to the Penobscot Bay Buoy 
"PB" east of Rockland harbor, then running southerly to the TBI whistle southwest of 
Junken Ledge, then running southeasterly to Red Nun #10 buoy at Foster Ledges, then 
running due south magnetic to the boundary of the State's coastal waters; and. 
2.  Zone 2.  Notwithstanding section 6749, it is unlawful for a person to fish for or 
take sea urchins from Zone 2, from May 1st to July 31st.  For the purpose of this article, 
unless modified by rules adopted pursuant to this section, "Zone 2" means all coastal 
waters east of that line established in subsection 1, including all coastal waters of the 
Penobscot River north of Fort Point State Park. 
3.  Conservation areas.  The commissioner may adopt rules to establish 
conservation areas pursuant to section 6171 for the purposes of sea urchin research that 
are considered closed areas for the purpose of this section.  Fishing for sea urchins in a 
conservation area adopted through the department for sea urchin research is considered a 
violation of this subchapter and subject to the penalties under section 6749-Y.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter II-A 2-A. 
The commissioner may adopt rules to define boundaries for Zone 1 under subsection 
and Zone 2 under subsection 2.  Rules adopted pursuant to this section are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A.  If the commissioner 
adopts rules to define boundaries different from those under this section, the 
commissioner shall timely submit legislation to amend this section accordingly. 
SUMMARY 
This bill creates an owner-operator requirement for a scallop dragging license and sea 
urchin dragging license.  It changes from major substantive rules to routine technical 
rules the rules to allow entry in the scallop fishery.  It specifies that the prohibition 
against fishing for or taking scallops from April 16th to November 30th applies only to 
scallop dragging.  It also allows the Commissioner of Marine Resources to amend by rule 
the boundaries of sea urchin Zone 1 and Zone 2.