An Act To Establish a Temporary Terminal Condition Medical Allowance for Lobster and Crab Fishing License Holders
Maine Legislature, Session 129, LD 0340
Committee: Marine Resources
Sponsors: McCREIGHT, MOORE, FAULKINGHAM, HEPLER, HUTCHINS, PERRY, TUELL, CARSON, MIRAMANT, VITELLI
Amends: 12 MRSA §6450-A

Legislative Document
No. 340
H.P. 266
House of Representatives, January 24, 2019
An Act To Establish a Temporary Terminal Condition Medical 
Allowance for Lobster and Crab Fishing License Holders
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator MOORE of Washington and
Representatives: FAULKINGHAM of Winter Harbor, HEPLER of Woolwich, HUTCHINS of 
Penobscot, PERRY of Calais, TUELL of East Machias, Senators: CARSON of Cumberland, 
MIRAMANT of Knox, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6450-A is enacted to read:
§6450-A.  Temporary terminal condition medical allowance
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Health care professional" means a physician or physician assistant licensed 
under Title 32, chapter 36 or 48 or an advanced practice registered nurse licensed 
under and approved to practice as an advanced practice registered nurse under Title 
32, chapter 31.
B.  "Terminal condition" means an incurable and irreversible condition caused by 
injury, disease or illness that causes death within a reasonable period of time in 
accordance with accepted medical standards and for which the application of life-
sustaining treatment serves only to prolong the process of dying.
2.  Temporary terminal condition medical allowance.  Notwithstanding section 
6421, upon request the commissioner may issue a temporary terminal condition medical 
allowance that permits an individual to fish under the authority of the license of a Class I, 
Class II or Class III lobster and crab fishing license holder if the following criteria are 
met:
A.  The individual who will be fishing has successfully completed an apprentice 
program under section 6422;
B.  The individual who will be fishing is the child, spouse or domestic partner of the 
individual who holds the Class I, Class II or Class III lobster and crab fishing license;
C.  The holder of the Class I, Class II or Class III lobster and crab fishing license has 
been diagnosed within the previous year with a terminal condition by at least one 
health care professional.  The holder of the Class I, Class II or Class III lobster and 
crab fishing license shall provide the commissioner with written documentation of the 
diagnosis from a health care professional; and
D.  The holder of the Class I, Class II or Class III lobster and crab fishing license 
documents to the commissioner that the license holder harvested a minimum of 1,000 
pounds of lobsters within one year prior to the request for the temporary terminal 
condition medical allowance.
A request for a temporary terminal condition medical allowance must be in writing and 
must specify the dates for which the temporary terminal condition medical allowance is 
requested. The holder of the Class I, Class II or Class III lobster and crab fishing license 
on which the temporary terminal condition medical allowance is based must maintain a 
valid license during the duration of the temporary terminal condition medical allowance. 
The holder of the Class I, Class II or Class III lobster and crab fishing license is liable for 
the activities of the individual fishing under the temporary terminal condition medical 
allowance.
3.  Fishing and record-keeping requirements.  The holder of a Class I, Class II or 
Class III lobster and crab fishing license may fish under the authority of the license 
notwithstanding the holder's having been issued a temporary terminal condition medical 
allowance under this section.  The logbook required under section 6445 must document 
the fishing hours of the individual authorized to fish under this section and the fishing 
hours of the holder of the license.  Only one person may fish under the authority of the 
license at any one time.  The holder of the license on which the temporary terminal 
condition medical allowance is based shall submit the logbook to the commissioner 
before the allowance may be renewed or prior to December 31st of the year in which the 
allowance was issued, whichever is earlier.
4.  Exclusivity.  The issuance of a temporary terminal condition medical allowance 
under this section does not affect a license holder's eligibility for a temporary medical 
allowance under section 6450.
5.  Term; renewal.  A temporary terminal condition medical allowance issued under 
this section may not exceed one year. The commissioner may renew a temporary terminal 
condition medical allowance upon a request in writing from the holder of the Class I, 
Class II or Class III lobster and crab fishing license on which the temporary terminal 
condition medical allowance is based.
SUMMARY
This bill creates a temporary terminal condition medical allowance that allows an 
individual to fish under the authority of the license of a Class I, Class II or Class III 
lobster and crab fishing license holder when the individual is the child, spouse or 
domestic partner of the license holder and has completed the lobster apprentice program 
and the license holder has been diagnosed with a terminal condition and harvested a 
minimum of 1,000 pounds of lobsters within one year prior to the request for the 
temporary terminal condition medical allowance.  The bill allows the license holder to 
continue to fish pursuant to the license despite having been issued an allowance but 
permits only one person, the license holder or the designated individual, to fish under the 
license at any one time.  The temporary terminal condition medical allowance may not 
exceed one year in duration and may be renewed at the discretion of the Commissioner of 
Marine Resources.