An Act To Remove Nighttime Restrictions on Lobster Fishing in a Certain Area in the Bay of Fundy
Maine Legislature, Session 129, LD 0618
Committee Amendment CA_A_H115 (House)

COMMITTEE AMENDMENT "A" to H.P. 446, L.D. 618, Bill, "An Act To 
Remove Nighttime Restrictions on Lobster Fishing in a Certain Area in the Bay of 
Fundy" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Temporarily Remove Nighttime Restrictions on Lobster Fishing in a 
Certain Area in the Bay of Fundy' 
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, the current legal times for raising and hauling lobster traps are determined 
based upon sunrise and sunset; and 
Whereas, the area described in this resolve is fished by Canadians, for whom 
commercial fishing is not subject to the same restrictions on the raising or hauling of 
lobster traps; and 
Whereas, it is necessary that this resolve take effect by September 1, 2019 in order 
to take advantage of the fall harvest and in order to allow lobster license holders to fish 
efficiently and safely and on equal footing with other persons who fish commercially in 
the area; 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, be it 
Sec. 1. One-time exception. Resolved: 
That, notwithstanding the Maine 
Revised Statutes, Title 12, section 6440, subsection 1, the Commissioner of Marine 
Resources shall permit a person to raise or haul any lobster trap from September 1, 2019 
through October 31, 2019 during any time of the day in an area in the Bay of Fundy 
COMMITTEE AMENDMENT 
~ 
COMMITTEE AMENDMENT ,f}" to H.P. 446, L.D. 618 
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 in this section is located. The commissioner shall adopt rules to 
defme this area to ensure 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 
defmed in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. Report. Resolved: That, by February 1, 2020, the Commissioner of 
Marine Resources shall submit a report to the Joint Standing Committee on Marine 
Resources describing the results associated with allowing lobster fishing in accordance 
with section 1. 
The commissioner may make recommendations to the committee 
regarding the continuation of this limited allowance. The committee may report out a bill 
based on the report to the Second Regular Session of the 129th Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill with a resolve. It requires the Commissioner of 
Marine Resources to allow a person who holds a lobster and crab fishing license to raise 
and haul lobster traps during any time of the day from September 1, 2019 through 
October 31, 2019 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 that area. It also directs the commissioner to define this area in rule 
to ensure the boundaries of this area are clearly delineated. Lastly, it requires that the 
commissioner submit a report to the Joint Standing Committee on Marine Resources by 
February 1, 2020 and gives the committee the authority to report out a bill based on the 
report. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/28/19 feac. 
LD 618 
LR 747(02) 
An Act To Remove Nighttime Restrictions on Lobster Fishing in a Certain Area in the Bay of Fundy 
Fiscal Note for Bill as Amended by Committee Amendment ,A, (ff} Js) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
This bill would allow 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 betvveen September 1, 2019, and October 31, 2019. The bill also requires the Department of 
Marine Resources (DMR) to define the boundaries of the specific area subject to overlapping sovereignty and to 
report back on the outcome of the tempory commercial fishing allowance. Any additional costs to the DMR as a 
result of this legislation are anticipated to be minor and can be absorbed within existing budgeted resources. 
LR0747(02) - Fiscal Note - Page 1 of 1