An Act To Promote Youth Participation in the Maine Lobster Fishery
Maine Legislature, Session 129, LD 0174
Committee: Marine Resources
Sponsors: McDONALD, MIRAMANT, ALLEY, BLUME, FAULKINGHAM, HEPLER, HUTCHINS, JAVNER, TUELL
Amends: 12 MRSA §6421

Legislative Document
No. 174
H.P. 137
House of Representatives, January 17, 2019
An Act To Promote Youth Participation in the Maine Lobster 
Fishery
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McDONALD of Stonington.
Cosponsored by Senator MIRAMANT of Knox and
Representatives: ALLEY of Beals, BLUME of York, FAULKINGHAM of Winter Harbor, 
HEPLER of Woolwich, HUTCHINS of Penobscot, JAVNER of Chester, McCREIGHT of 
Harpswell, TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6421, sub-§3-A, as amended by PL 2015, c. 68, §3, is further 
amended to read:
3-A.  License limitation.  A license authorizes activities by individuals as follows.
A.    A Class I license authorizes the licensed activities under subsection 2 by the 
individual who is named in the license.  Any Except as provided in subsection 4, 
paragraph C, any individual assisting or helping a Class I license holder in these 
activities must also be licensed.
B.    A Class II license authorizes the license holder to engage in the licensed 
activities under subsection 2.  A  In addition to persons authorized to assist under 
subsection 4, paragraph C, a Class II license holder may engage one unlicensed crew 
member to assist in the licensed activities under the direct supervision of the Class II 
license holder, except as provided in section 6445-A.
C.    A Class III license authorizes the license holder to engage in the licensed 
activities under subsection 2.  A  In addition to persons authorized to assist under 
subsection 4, paragraph C, a Class III license holder may engage 2 unlicensed crew 
members to assist in the licensed activities under the direct supervision of the Class 
III license holder, except as provided in section 6445-A.
D.    An apprentice lobster and crab fishing license authorizes the apprentice so 
licensed to engage in the licensed activities under subsection 2 on that apprentice's 
sponsor's vessel when the apprentice's sponsor is on board the vessel.  A person who 
holds an apprentice lobster and crab fishing license may not tend any traps unless the 
traps are fished by the sponsor of the apprentice so licensed.  An applicant for an 
apprentice lobster and crab fishing license may designate up to 3 sponsors.  For the 
purpose of this paragraph, "apprentice's sponsor" means a person who holds a Class I, 
Class II or Class III lobster and crab fishing license issued under this section.
E.    A student license authorizes the license holder to engage in the licensed activities 
under subsection 2.  A student license may be issued only to a person who, at the time 
of application, is 8 years of age or older and under 23 years of age.  A person issued a 
student license may not submerge more than:
(1)  Ten lobster traps in the coastal waters of the State if the person is 8 years of 
age or older and under 11 years of age;
(2)  Fifty lobster traps in the coastal waters of the State if the person is 11 years 
of age or older and under 14 years of age; or
(3)  One hundred and fifty lobster traps in the coastal waters of the State if the 
person is 14 years of age or older and under 23 years of age.
A person issued a student license is enrolled in the apprentice program under section 
6422.  When applying for a license the person must designate a sponsor and may 
designate up to 3 sponsors.  For the purposes of this paragraph, "sponsor" means a 
person who holds a Class I, Class II or Class III lobster and crab fishing license 
issued under this section.
F.    A noncommercial lobster and crab fishing license authorizes the license holder to 
engage in the licensed activities under subsection 2-A.  A person issued a 
noncommercial lobster and crab fishing license may not submerge at any one time 
more than 5 lobster traps in the coastal waters of the State.  At the time a 
noncommercial lobster and crab fishing license is issued or renewed, the applicant or 
license holder shall declare the vessel that will be used to conduct lobster and crab 
fishing activities under that license.  The license holder's trap tags are allocated to that 
vessel, pursuant to the license.  The department is not authorized to issue more than 
noncommercial trap tags to the declared vessel, regardless of the number of 
noncommercial license holders fishing from that vessel.
Sec. 2.  12 MRSA §6421, sub-§4, as amended by PL 2011, c. 5, §1, is further 
amended to read:
4.  Exception.  A license is not required for a person:
A.  To take or catch crabs with bare hands or hook and line; or
B.  Who is issued a commercial fishing license under section 6501 to take, possess 
and sell crabs that have been taken as bycatch while using an otter trawl within the 
exclusive economic zone as shown on the most recently published Federal 
Government nautical chart.  Crabs taken by otter trawl within the territorial waters 
must be liberated alive immediately.; or
C.  To assist in the licensed activities authorized under subsection 2 under the direct 
supervision of a Class I, Class II or Class III license holder if that person is 12 years 
of age or younger.
SUMMARY
This bill allows an unlicensed person 12 years of age or younger to assist a Class I, II 
or III lobster and crab fishing license holder with licensed activities.