An Act To Remove Nighttime Restrictions on Lobster Fishing in a Certain Area in the Bay of Fundy
Maine Legislature, Session 129, LD 2098
Amends: 12 MRSA §6440

Legislative Document
No. 2098
H.P. 1495
House of Representatives, February 6, 2020
An Act To Remove Nighttime Restrictions on Lobster Fishing in a 
Certain Area in the Bay of Fundy
Reported by Representative McCREIGHT of Harpswell for the Joint Standing Committee 
on Marine Resources pursuant to Resolve 2019, chapter 23, section 2.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6440, as amended by PL 2017, c. 32, §1, is further amended by 
adding at the end a new paragraph to read:
Notwithstanding subsection 1, a person may raise or haul any lobster trap from 
September 1st to October 31st, both days inclusive, during any time of the day in an area 
in the Bay of Fundy that encompasses approximately 210 square miles around Machias 
Seal Island where there are overlapping claims of sovereignty by the United States and 
Canada if that person is authorized to fish in the lobster management zone established 
pursuant to section 6446 in which the area described is located.  The commissioner shall 
define this area in rule to ensure that the boundaries of this area are clearly delineated.  
Rules adopted pursuant to this section regarding the boundaries of the area are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill is reported out by the Joint Standing Committee on Marine Resources 
pursuant to Resolve 2019, chapter 23, section 2. The resolve directed the Commissioner 
of Marine Resources to allow a person to raise or haul any lobster trap from September 1, 
2019 to October 31, 2019 during any time of the day in an area in the Bay of Fundy, 
referred to as "the gray zone," that encompasses approximately 210 square miles around 
Machias Seal Island where there are overlapping claims of sovereignty by the United 
States and Canada if that person is authorized to fish in the lobster management zone in 
which the area described is located.  The resolve required the commissioner to submit a 
report to the committee describing the results of this limited allowance, and this bill 
implements the findings of that report.
This bill allows a person who holds a lobster and crab fishing license to raise or haul 
any lobster trap during any time of the day from September 1st to October 31st in the 
gray zone if that person is authorized to fish in that area. The bill also requires the 
commissioner to define this area in rule to ensure that the boundaries of this area are 
clearly delineated.
FISCAL NOTE REQUIRED
(See attached)
Approved: 01/30/20
LD 2098
LR 3204(01)
Fiscal Detail and Notes
This bill allows lobster and crab fishing licensees who are authorized to fish in a specific area of the Bay of Fundy 
that is subject to overlapping claims of sovereignty between the United States and Canada to commercially fish at any 
time of day between September 1st to October 31st. The bill also requires the Department of Marine Resources 
(DMR) to conduct rulemaking to define the boundaries of the specific area subject to overlapping sovereignty. Any 
additional costs to the DMR as a result of this bill are anticipated to be minor and can be absorbed within existing 
budgeted resources.
An Act To Remove Nighttime Restrictions on Lobster Fishing in a Certain Area in the Bay of Fundy
Fiscal Note for Original Bill
Committee: Marine Resources
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
LR3204(01) - Fiscal Note - Page 1 of 1