An Act To Improve the Enforcement of Maine's Lobster Laws
Maine Legislature, Session 128, LD 0575
Committee Amendment CA_A_S200 (Senate)
Amends: 12 MRSA §6351, 12 MRSA §6371, 12 MRSA §6374, 12 MRSA §6402, 12 MRSA §6404, 12 MRSA §6413, 12 MRSA §6431-B, 12 MRSA §6432, 12 MRSA §6434

COMMITTEE AMENDMENT "A" to S.P. 190, L.D. 575, Bill, "An Act To 
Improve the Enforcement of Maine's Lobster Laws" 
Amend the bill by striking out everything after the title and inserting 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, conduct that is prohibited under the marine resources laws threatens the 
sustainability of Maine's fisheries and the lobster industty particularly; and 
Whereas, providing the Bureau of Marine Patrol broader enforcement options and 
deterring conduct that is detrimental to the sustainability of marine fisheries is necessaty 
before the summer fishing 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 necessaty for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6351, sub-§1, ,r~-2 and B-3 are enacted to read: 
B-2. A conviction for a violation of Title 17-A, section 802 that is directly related to 
an activity for which a lobster and crab fishing license is required; 
B-3. A conviction for a violation of Title 17-A, section 805 that is directly related to 
an activity for which a lobster and crab fishing license is required; 
Sec. 2. 12 MRSA §6371, sub-§3, as amended by PL 2011, c. 311, § 1, is repealed 
and the following enacted in its place: 
3. Suspension for violations. Except as provided in subsections 1 and 2, the 
commissioner may suspend any licenses · or certificates issued under this Part on the 
following grounds: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 190, L.D. 575 
A. Violation of any section of marine resources laws or rules adopted under this Part; 
B. The commission of conduct as provided in subsection 4; or 
C. 
Setting fire to, sinking or damaging a vessel used to cany out the activities 
authorized under a lobster and crab fishing license to such an extent that the vessel 
cannot be used to cany out those activities by the person who has that vessel named 
on the person's lobster and crab fishing license. 
Sec. 3. 12 MRSA §6371, sub-§4 is enacted to read: 
4. Suspensions for certain violations of Title 17-A. Conduct that would constitute 
a violation of any of the following provisions is grounds for suspension under section 
7 4 of any licenses or cettificates issued under this Patt: 
A. Title 17-A, section 353, when the offense is directly related to an activity for 
which a lobster and crab fishing license is required; 
B. Title 17-A, section 359, when the offense is directly related to an activity for 
which a lobster and crab fishing license is required; 
C. Title 17-A, section 751, when the offense is committed against a marine patrol 
officer while that officer is engaged in the perfonnance of official duty; 
D. Title 17-A, section 752-A, when the offense is committed against a marine patrol 
officer while that officer is engaged in the perfonnance of official duty; 
E. Title 17-A, section 753, when the offense is directly related to an investigation by 
the Bureau of Marine Patrol; 
F. Title 17-A, section 754, when the offense is directly related to an investigation by 
the Bureau of Marine Patrol; 
G. Title 17-A, section 802, when the offense is directly related to an activity for 
which a lobster and crab fishing license is required; 
H. Title 17-A, section 805, when the offense is directly related to an activity for 
which a lobster and crab fishing license is required; or 
I. Title 17-A, sections 207, 209, 210, 210-A or 211, when the offense is committed 
against a marine patrol officer or a family member of a marine patrol officer as a 
result of the marine patrol officer performing what the license holder knows or has 
reason to know are the marine patrol officer's official duties. 
As used in this 
paragraph, "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. 
Sec. 4. 12 MRSA §6374, as amended by PL 2015, c. 172, §§4 and 5, is fmther 
amended to read: 
§6374. Procedure for suspending without criminal conviction or civil adjudication 
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Thceept as provided in section 63 71, subsections 1 and 2, the The procedure for 
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suspending a license or cettificate for a violation of marine resources lmv 1.vithout a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 190, L.D. 575 
criminal conviction or civil adjudication under section 6371, subsections 3 and 4 is 
governed by this section. 
1. Initiation and notice. If the Chief of the Bureau of Marine Patrol delivers to the 
commissioner a written statement under oath that the chief has probable cause to suspect 
that a violation of marine resources law or conduct described in section 6371, subsection 
has been committed, the commissioner shall immediately examine the affidavit and 
determine if a suspension is necessmy. If the commissioner determines based on a 
preponderance of the evidence that a suspension is necessary, the commissioner shall 
immediately notify in writing the person who violated the law or engaged in the conduct. 
The notice must state that there is an opportunity for a hearing, if the person requests the 
hearing in writing within 10 days of the notice. The notice is deemed received 3 days 
after the mailing. The commissioner may suspend the license or ce1iificate of a person 
who has been notified pursuant to this subsection but who does not request a hearing 
within the allowed time. 
2. Hearing. A hearing requested under subsection 1 must be held within 30 business 
days after receipt by the commissioner of a request for hearing except that a hearing may 
be held more than 3 0 business days after the request if the delay is requested by the 
person requesting the hearing. If the hearing is continued, it must be held no later than 60 
days after the original notice, and any further continuance must be with the consent of 
both pmiies. The hearing must be held in accordance with the Maine Administrative 
Procedure Act, except that: 
A. Notwithstanding Title 5, section 9057, issues of the hearing are limited to whether 
the person requesting the hearing had a license or certificate and whether that person 
committed a violation of marine resources law or conduct described in section 63 71, 
subsection 4; and 
B. Notwithstanding Title 5, section 9061, the decision of the presiding officer under 
Title 5, section 9062 must be made not more than 10 business days after completion 
of the hearing. 
If the presiding officer of the hearing finds that a violation of marine resources law or 
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conduct described in section 63 71, subsection 4 has been committed, the presiding officer 
shall immediately notify the commissioner of the finding. 
3. Finding of violation and suspension. If the presiding officer of the hearing 
under subsection 2 finds that a violation of marine resources lav1 has been committed, the 
presiding officer shall immediately notify the commissioner of the finding, and the The 
commissioner may suspend the license or ce1iificate of the person requesting the hearing 
under subsection 2 if the presiding officer of the hearing finds that a violation of marine 
resources law or conduct described in section 6371, subsection 4 has been committed. 
Except as provided in this subsection and subsection 3-A, the length of the suspension of 
the license or certificate may not exceed: 
A. One year from the date of a first finding of a violation or finding that conduct 
described in section 63 71, subsection 4 has been committed; 
B. Two years from the date of a 2nd finding of a violation or finding that conduct 
described in section 6371, subsection 4 has been committed; or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to S.P. 190, L.D. 575 
C. Three years from the date of a 3rd or subsequent finding of a violation or finding 
that conduct described in section 63 71, subsection 4 has been committed. 
The commissioner may suspend any license or certificate for a period of time not to 
exceed the maximum amount of time allowable for a criminal conviction or civil 
adjudication of the same violation. 
3-A. Finding of violation and suspension; specific violations. The length of a 
suspension of a license or certificate under this section for the following violations or 
conduct is: 
A. Not less than 2 years and not more than 6 years from the date of a first finding of 
a violation, not less than 2 years and not more than 10 years from the date of a 2nd 
violation and pe1manent for a 3rd violation of section 6434; 
B. Not less than 3 years and not more than 10 years from the date of a first finding of 
a violation and permanent for a 2nd violation of section 6431-F, subsection 4; 
C. Not less than 3 years and not more than 10 years from the date of a first finding of 
a violation and pe1manent for a 2nd violation of section 6432, subsection 2, 
paragraph B; 
D. Not less than 4 years from the date of a finding of a violation of section 6438-A; 
and 
E. 
Permanent for conduct that is grounds for suspension under section 6371, 
subsection 3, paragraph C. 
4. 
Prohibition against multiple suspensions. If the commissioner suspends a 
license or certificate under this section, the commissioner may not suspend the license or 
certificate because of a criminal conviction or civil adjudication for the same violation. 
5. Appeal. A decision of the commissioner to suspend a license or certificate 
pursuant to this section may be appealed to the Superior Comi if it is filed with the court 
within 30 days of the decision. 
6. Request for hearing on suspension length; place of hearing. The license or 
ce11ificate holder may request a hearing regarding the length of suspension under this 
section. A hearing must be requested in writing within 10 days from the effective date of 
the suspension. The hearing must be held within 10 days of the request unless a longer 
period of time is mutually agreed to in writing. The hearing must be conducted in the 
Augusta area. 
7. Vessel monitoring following suspension or revocation. The commissioner may 
require a person whose lobster and crab fishing license was suspended or revoked 
pursuant to subsection 3-A or section 6402, 6402-D, 6402-E or 6404 or section 6371, 
subsection 3, paragraph C to install equipment that allows the depaiiment to track the 
geographic location of the vessel listed on that person's lobster and crab fishing license 
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for a period immediately following the reinstatement of the license not to exceed the 
duration of the license suspension. 
Costs associated with equipment required to be 
installed under this subsection must be paid by the license holder. 
Sec. 5. 12 MRSA §6402, as amended by PL 2009, c. 561, §13, is fmiher amended 
to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 190, L.D. 575 
§6402. Suspension or revocation based on conviction of molesting 
+he Notwithstanding section 6401, subsection 2, the commissioner shall suspend the 
lobster and crab fishing license of a license holder or the nonresident lobster and crab 
landing permit of a pe1mit holder adjudicated in comi convicted of violating section 6434 
for not less than 2 years and not more than 6 years from the date of a first conviction and 
not less than 2 years and not more than 10 years from the date of a 2nd conviction. +his 
suspension is for 3 years from tho date of adjudication. 
For a 3rd or subsequent 
adjudication conviction, the commissioner may shall permanently revoke the license 
holder's person's license or permit. 
1. 
Convictions for cutting lobster trap lines. A person adjudicated convicted 
under section 6434 of molesting lobster gear by cutting a lobster trap line shall, upon 
making full payment as ordered by the court under section 6434, subsection 4, paragraph 
A, provide the commissioner with proof of that payment. If the commissioner does not 
receive that proof within 3 years after the date of adjudication conviction, the 
commissioner shall continue that license suspension until such time as that proof is 
received. 
Sec. 6. 12 MRSA §§6402-D and 6402-E are enacted to read: 
§6402-D. Suspension or revocation based on conviction of fishing over trap limit 
Notwithstanding section 6401, subsection 2, the commissioner shall suspend the 
lobster and crab fishing license or nonresident lobster and crab landing pe1mit of a person 
convicted of a violation of section 6431-F, subsection 4 for not less than 3 years and not 
more than 10 years from the date of a first conviction. 
For a 2nd conviction, the 
commissioner shall permanently revoke the person's license or permit. 
§6402-E. Suspension or revocation based on conviction of fishing sunken trap or 
trawl 
Notwithstanding section 6401, subsection 2, the commissioner shall suspend the 
lobster and crab landing license or nonresident lobster and crab landing permit of a 
person convicted of a violation of section 6432, subsection 2, paragraph B for not less 
than 3 years and not more than 10 years from the date of a first conviction. For a 2nd 
conviction, the commissioner shall pe1manently revoke the person's license or permit. 
Sec. 7. 12 MRSA §6404, as amended by PL 2015, c. 172, §6, is fu1iher amended 
to read: 
§6404. Revocation based on conviction of scrubbing lobsters 
The commissioner shall may pe1manently revoke the lobster and crab fishing license, 
wholesale seafood license and the commercial fishing license of any license holder or the 
nonresident lobster and crab landing pe1mit of a permit holder convicted in comi of 
violating section 6438-A. 
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Sec. 8. 12 MRSA §6413 is enacted to read: 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT "A" to S.P. 190, L.D. 575 
§6413. Reduction in trap limit after certain suspensions 
The commissioner may reduce the number of trap tags a person whose lobster and 
crab fishing license has been suspended pursuant to section 6374, subsection 3-A may 
purchase in the year following the suspension, except that if the person holds a Class I, 
Class II or Class III lobster and crab fishing license the person must be allowed to 
purchase at least 300 trap tags. For each following year, the license holder may purchase 
up to an increase of 100 trap tags each year as long as the total number purchased does 
not exceed the number of traps allowed under the lowest trap limit for the license or 
established by rule for the zones identified on that person's license pursuant to section 
6446, subsection 1-A. 
Sec. 9. 12 MRSA §6431-B, as amended by PL 2007, c. 201, §13, is repealed and 
the following enacted in its place: 
§6431-B. Tag system 
1. Tag system established. The commissioner shall establish by rule a lobster trap 
tag system under which lobster and crab fishing license holders and nonresident lobster 
and crab landing permit holders must purchase tags for the purpose of identifying and 
tracking traps. 
The rules must contain provisions for replacing lost tags. 
The 
commissioner may impose a per tag fee to cover the cost of trap tags, the costs of 
administering and enforcing a lobster trap tag system, the costs of management of the 
lobster fishery and the costs associated with lobster management policy councils and 
referenda pursuant to section 644 7. 
Trap tag fees must be deposited in the Lobster 
Management Fund established under section 6431-C. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
2. 
Penalties. 
A person who violates a rule adopted pursuant to subsection 1 
commits: 
A. A civil violation for which a fine of $250 must be adjudged if the person fishes 25 
or fewer traps that are not tagged in accordance with rules adopted pursuant to 
subsection 1; and 
B. A Class D crime if the person fishes more than 25 traps that are not tagged in 
accordance with rules adopted pursuant to subsection 1. 
Sec. 10. 12 MRSA §6432, sub-§2, as amended by PL 2011, c. 266, Pt. A, § 11, is 
repealed and the following enacted in its place: 
2. Marking. A lobster or crab trap or trawl must be marked by a lobster buoy as 
described in subsections 3 and 4. The buoy must be visible at the surface. A person may 
not: 
A. Set, raise, lift or transfer any lobster trap or buoy unless it is clearly marked with 
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the owner's lobster and crab fishing license number or the owner's nonresident lobster 
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and crab landing permit number; or 
B. Intentionally set or fish a lobster or crab trap or trawl in a manner that is designed 
to avoid detection that the trap or trawl has been set or fished. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 190, L.D. 575 
Sec. 11. 12 MRSA §6434, sub-§3-A, as enacted by PL 2007, c. 283, §2, 1s 
amended to read: 
3-A. Penalty. A person who violates this section commits a civil violation for which 
a fine of not less than $100 or more than $500 may be adjudged Class D crime. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill. 
The amendment adds to the list of convictions or adjudications that are the basis for 
suspending a marine resources license a conviction for committing arson or aggravated 
criminal mischief. The amendment makes molesting lobster gear, which is currently a 
civil offense, a Class D crime. 
The amendment provides that fishing 25 or fewer 
untagged lobster traps is a civil violation and fishing more than 25 untagged lobster traps 
is a Class D crime. 
The amendment expands the behavior for which a marine resources license may be 
suspended through an administrative process to include setting fire to, sinking or 
damaging a lobster boat, conduct that would violate ce1iain provisions of the Maine 
Criminal Code and offenses committed against a marine patrol officer or the officer's 
family as a result of the officer's performing official duties, regardless of whether that 
offensive behavior occurs while unde1iaking an activity for which a marine resources 
license is required. The amendment provides for minimum and maximum lengths for 
suspension of a marine resources license upon an administrative finding or conviction of 
molesting lobster gear, fishing over the lobster trap limit or fishing a sunken trap or trawl 
and provides for minimum lengths for suspension for scrubbing lobsters or setting fire to, 
sinking or destroying a lobster boat. The amendment allows the Commissioner of Marine 
Resources to reduce the number of traps a lobster and crab fishing license holder may fish 
following a suspension for one of those offenses. 
The amendment provides that a 
suspension based upon a conviction or adjudication is the same length as an 
administrative suspension. 
The amendment allows the commissioner to require a person whose lobster and crab 
fishing license was suspended for ce1iain offenses to install equipment that allows the 
Department of Marine Resources to track the geographic location of the vessel listed on 
that person's lobster and crab fishing license for a period immediately following the 
reinstatement of the license that may not exceed the duration of the license suspension. 
Costs associated with equipment required to be installed must be paid by the license 
holder. 
FISCAL NOTE REQUIRED 
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(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/26/17 feac.. 
LD 575 
LR 1561(02) 
An Act To Improve the Enforcement of Maine's Lobster Laws 
Fiscal Note for Bill as Amended by Committee Amendment A" 
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 Class D crimes. 
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 from implementing the provisions of this bill are 
anticipated to be minor and can be absorbed within existing budgeted resources. 
LR1561(02) - Fiscal Note - Page 1 of 1