An Act To Make Technical Changes to Maine's Marine Resources Laws
Maine Legislature, Session 128, LD 1207
Committee Amendment CA_A_H347 (House)
Amends: 12 MRSA §6810-A, 12 MRSA §6852

COMMITTEE AMENDMENT "A" to H.P. 843, L.D. 1207, Bill, "An Act To 
Make Technical Changes to Maine's Marine Resources Laws" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, under current law the allowable bait for fishing for lobsters is unclear, 
restrictions on holders of marine harvesting demonstration licenses are preventing activity 
during the busiest summer months and the State's ability to track sales of marine 
organisms is hindered; and 
Whereas, the State's marine industries provide significant economic benefit; and 
Whereas, providing clarity, expanding economic opportunities and allowing 
effective management of the State's marine industries are necessary before the summer 
season begins; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out all of section 1. 
Amend the bill in section 2 in subsection 1 in the last 2 lines (page 1, lines 14 and 15 
in L.D.) by striking out the following: ", but does not include animal hide from which the 
hair has been removed." and inserting the following: 1,--l:mt. "Offal" does not include 
animal hide from which the hair has been removed or fat attached to an animal hide from 
which the hair has been removed as long as the total thickness of fat and animal hide does 
not exceed 1 1/4 inches.' 
Amend the bill by striking out all of section 3 and inserting the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "R' to H.P. 843, L.D. 1207 
'Sec. 3. 12 MRSA §6810-A, sub-§1-A is enacted to read: 
1-A. Eligibility. A marine harvesting demonstration license may be issued only to 
an individual, except that a person who holds a Class I, Class II or Class III lobster and 
crab fishing license or a noncommercial lobster and crab fishing license may not be 
issued a marine harvesting demonstration license.' 
Amend the bill by adding after section 4 the following: 
'Sec. 5. 12 MRSA §6810-A, sub-§11, as enacted by PL 2003, c. 169, § 1 and 
affected by §3, is amended to read: 
11. Penalties. A person who violates this section commits a civil violation for which 
a fine of not less than $100 nor more than $1,000 may be adjudged. Notwithstanding 
section 6401, subsection 2, the commissioner may permanently revoke the marine 
harvesting demonstration license of a person who sells, retains, ships or transports any 
portion of the catch or does not release all organisms alive into the area from which the 
organisms were harvested pursuant to subsection 3. 
Sec. 6. 12 MRSA §6852, sub-§2, as amended by PL 2013, c, 468, §34 and 
affected by §46, is further amended to read: 
2. License activity. +he Except as provided in subsection 2-B, the holder of a retail 
seafood license may, in the retail trade, buy, sell, transport, ship or serve: 
A. Shellstock, which must be purchased from a wholesale seafood license holder 
certified under section 6856; 
D. Crayfish; 
F. Lobsters; and 
G. Any marine organism that is purchased directly from a harvester licensed under 
this Part. 
A holder of a retail seafood license when buying directly from a harvester may buy only 
from a harvester who possesses the license or permit for that species as required under 
this Part. The harvester shall make the applicable marine resources license or permit 
available for inspection upon the retail seafood license holder's request. 
Sec. 7. 12 MRSA §6852, sub-§2-B is enacted to read: 
2-B. Endorsements. The holder of a retail seafood license buying directly from a 
harvester must obtain an endorsement from the department for the species being bought if 
the license to harvest that species requires the harvester to comply with an electronic 
reporting requirement. The depatiment shall provide endorsements to license holders at 
no cost in accordance with rules adopted under subsection 6. 
Sec. 8, 12 MRSA §6852, sub-§6, 1~ and F, as enacted by PL 2005, c. 434, 
§12, are amended to read: 
E. The labeling or marking of shipments of shellfish and wholesale scallops; ooti 
8 
F. The protection of public health7; and 
Sec. 9. 12 MRSA §6852, sub-§6, 1G is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" Pt" to H.P. 843, L.D. 1207 
G. Endorsements under subsection 2-B. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment retains the provisions of the bill that prohibit the sale of offal for use 
as bait to fish for or take lobsters or crabs and that exempt the holder of a marine 
harvesting demonstration license from the prohibition on hauling on Sundays in the 
summer. 
The amendment removes the provision of the bill that specifies that license 
revocation for a conviction of scrubbing egged lobsters may be permanent. 
The amendment removes the provision of the bill limiting the commercial pelagic 
and anadromous fishing license to residents unless a nonresident's state allows residents 
of Maine to fish for those species in that state. 
The amendment provides that the definition of "offal" does not include fat attached to 
an animal hide from which the hair has been removed as long as the total thickness of fat 
and animal hide does not exceed 1 1/4 inches. The amendment provides that a holder of a 
Class I, Class II or Class III lobster and crab fishing license or noncommercial lobster and 
crab fishing license is not eligible to obtain a marine harvesting demonstration license 
and that the Commissioner of Marine Resources may permanently revoke the marine 
harvesting demonstration license of a person who sells, retains, ships or transports any 
portion of the catch or does not release all organisms alive into the area from which the 
organisms were harvested under that license. The amendment requires the holder of a 
retail seafood license buying directly from a harvester a species for which an electronic 
reporting requirement is in place to obtain an endorsement for that species from the 
Department of Marine Resources at no cost. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/20/17 feac::... 
LD 1207 
LR 743(02) 
An Act To Make Technical Changes to Maine's Marine Resources Laws 
.,\ 
Fiscal Note for Bill as Amended by Committee Amendment "/f (~"' 3 Lf V 
Committee: Marine Resources 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue decrease - General Fund 
Any additional costs to the Department of Marine Resources (DMR) from modifications to the definition of offal, 
marine demonstration license eligibility requirements and seafood license endorsement requirements are anticipated l 
be minor and can be absorbed within existing budgeted resources. Provisions allowing DMR to permanently revoke 
the marine demonstration license of a person who does not release or return organisms harvested for demonstration 
purposes may result in a minor loss of General Fund revenue. 
LR0743(02) - Fiscal Note - Page 1 of 1