An Act To Create a Commercial Menhaden Fishing License
Maine Legislature, Session 129, LD 1922
Committee: Marine Resources
Sponsors: McDONALD
Amends: 12 MRSA §6041, 12 MRSA §6302-A, 12 MRSA §6502-A, 12 MRSA §6502-C

Legislative Document
No. 1922
H.P. 1370
House of Representatives, January 6, 2020
An Act To Create a Commercial Menhaden Fishing License
Submitted by the Department of Marine Resources pursuant to Joint Rule 203.
Received by the Clerk of the House on January 2, 2020.  Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative McDONALD of Stonington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6041, sub-§2, as amended by PL 2019, c. 332, §1 and 
affected by §3, is further amended to read:
2.  Sources of revenue.  The fund is capitalized by surcharges assessed under section 
6502-A, subsection 7 and section 6502-C, subsection 8 and fees collected pursuant to 
section 6502-B, subsection 4.  In addition to those revenues, the commissioner may 
accept and deposit in the fund money from any other source, public or private.
Sec. 2.  12 MRSA §6302-A, sub-§1, as amended by PL 2013, c. 254, §1, is 
further amended to read:
1.  Tribal exemption; commercial harvesting licenses.  A member of the 
Passamaquoddy Tribe, Penobscot Nation, Aroostook Band of Micmacs or Houlton Band 
of Maliseet Indians who is a resident of the State is not required to hold a state license or 
permit issued under section 6421, 6501, 6502-A, 6502-C, 6505-A, 6505-C, 6535, 6601, 
6602, 6701, 6702, 6703, 6731, 6745, 6746, 6748, 6748-A, 6748-D, 6751, 6803, 6804 or 
6808 to conduct activities authorized under the state license or permit if that member 
holds a valid license issued by the tribe, nation or band or the agent of the band to 
conduct the activities authorized under the state license or permit.  A member of the 
Passamaquoddy Tribe, Penobscot Nation, Aroostook Band of Micmacs or Houlton Band 
of Maliseet Indians issued a tribal license pursuant to this subsection to conduct activities 
is subject to all laws and rules applicable to a person who holds a state license or permit 
to conduct those activities and to all the provisions of chapter 625, except that the 
member of the tribe, nation or band:
A.  May utilize lobster traps tagged with trap tags issued by the tribe, nation or band 
or the agent of the band in a manner consistent with trap tags issued pursuant to 
section 6431-B.  A member of the tribe, nation or band is not required to pay trap tag 
fees under section 6431-B if the tribe, nation or band or the agent of the band issues 
that member trap tags;
B.  May utilize elver fishing gear tagged with elver gear tags issued by the tribe, 
nation or band or the agent of the band in a manner consistent with tags issued 
pursuant to section 6505-B.  A member of the tribe, nation or band is not required to 
pay elver fishing gear fees under section 6505-B if the tribe, nation or band or the 
agent of the band issues that member elver fishing gear tags; and
C.  Is not required to hold a state shellfish license issued under section 6601 to obtain 
a municipal shellfish license pursuant to section 6671.
Sec. 3.  12 MRSA §6502-A, sub-§1, as amended by PL 2011, c. 598, §22, is 
further amended to read:
1.  Definition.  As used in this section, "pelagic or anadromous fish" means Atlantic 
herring, Atlantic menhaden, whiting, spiny dogfish, river herring, Atlantic mackerel, 
blueback herring, squid, butterfish, scup, black sea bass, smelt and shad.
Sec. 4.  12 MRSA §6502-C is enacted to read:
§6502-C.  Commercial menhaden fishing license
1.  License required.  A person may not engage in the activities authorized under 
this section without a current commercial menhaden fishing license.
2.  License category.  At the time of purchase an applicant for a commercial 
menhaden fishing license shall select a license category from the following options:
A.  State allocation; or
B.  Small scale.
A person may select only one license category for a commercial menhaden fishing 
license.  The small scale license category may be selected only by an individual who 
holds a license issued under section 6421, subsection 1, paragraph A, B, C or E.
3.  Licensed activity.  The holder of a commercial menhaden fishing license may 
fish for or take or possess, ship, transport or sell menhaden that the holder has taken.  The 
commercial menhaden fishing license also authorizes the crew members aboard the 
vessel named on the license to fish for or take or possess, ship or transport menhaden 
when the license holder is aboard the vessel. 
4.  Exemption.  The licensing requirement under subsection 1 does not apply to a 
person who fishes for, takes, possesses or transports menhaden that have been taken by 
speargun, harpoon, minnow trap, hand dip net or hook and line and are only for personal 
use.
5.  Rules.  The commissioner shall determine by rule any limitations on the license 
categories for a commercial menhaden fishing license. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
6.  Eligibility.  A commercial menhaden fishing license may be issued only to an 
individual who is a resident.  An individual may not hold more than one commercial 
menhaden fishing license.
7.  Fees.  Fees for commercial menhaden fishing licenses are:
A.  One hundred twenty-eight dollars for a commercial menhaden fishing license, 
state allocation category; and
B.  Forty-eight dollars for a commercial menhaden fishing license, small scale 
category.
8.  Surcharges.  A $50 surcharge is assessed on a holder of a commercial menhaden 
fishing license issued by the department.  The commissioner shall deposit surcharges 
collected pursuant to this subsection in the Pelagic and Anadromous Fisheries Fund 
established under section 6041.
9.  Violation.  A person who violates this section commits a civil violation for which 
a fine of not less than $100 nor more than $500 may be adjudged.
SUMMARY
This bill removes the authority to fish for Atlantic menhaden from the commercial 
pelagic and anadromous fishing license and creates a new commercial menhaden fishing 
license with 2 license categories.