An Act To Make Technical Changes to Maine's Marine Resources Laws
Maine Legislature, Session 129, LD 1552
Committee: Marine Resources
Sponsors: ALLEY
Amends: 5 MRSA §12004-I, 12 MRSA §6001, 12 MRSA §6024, 12 MRSA §6080, 12 MRSA §6139, 12 MRSA §6140-A, 12 MRSA §6421

Legislative Document
No. 1552
H.P. 1127
House of Representatives, April 11, 2019
An Act To Make Technical Changes to Maine's Marine Resources 
Laws
Submitted by the Department of Marine Resources pursuant to Joint Rule 204.
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ALLEY of Beals.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§57-C, as reenacted by PL 2011, c. 598, §1, is 
amended to read:
57-C.   
Sec. 2.  12 MRSA §6001, sub-§13-I, as enacted by PL 2005, c. 26, §1, is 
amended to read:
13-I.  Established base of operations.  "Established base of operations" means the 
location where a vessel has its primary relationship.  Among the factors identifying a 
primary relationship are the locations at which the vessel is primarily moored or docked, 
where it prepares for expeditions and hires a crew and to which it regularly returns for 
repairs, supplies and activities relating to its business or trade.  The fact that a vessel 
carries on one or more of these activities at more than one location within this State or at 
a location or locations outside this State does not prevent the vessel from being 
considered to have an established base of operations within the State if a substantial 
portion of these activities are carried on at a location or locations within this State.  For 
purposes of this subsection, "substantial portion" means a period exceeding 60 30 days in 
any calendar year.
Sec. 3.  12 MRSA §6024, sub-§1-A, as amended by PL 2009, c. 369, Pt. A, §23, 
is further amended to read:
1-A.  Appointment; composition; term; compensation.  The Marine Resources 
Advisory Council, established by Title 5, section 12004-G, subsection 27, consists of 16 
members. The chair of the Lobster Advisory Council, the chair of the Sea Run 
Fisheries and Habitat Advisory Council, the chair of the Sea Urchin Zone Council and the 
chair of the Shellfish Advisory Council are ex officio members of the council. Each other 
member is appointed by the Governor and is subject to review by the joint standing 
committee of the Legislature having jurisdiction over marine resources matters and to 
confirmation by the Legislature. Five members must be persons who are licensed under 
this Part to engage in commercial harvesting activities. Those 5 members are selected by 
the Governor from names recommended to the Governor by groups representing 
commercial harvesting interests. Each member must represent a different commercial 
harvesting activity, except that none of those 5 members may represent lobster harvesters. 
The remaining 7 members must include one public member, 4 persons who hold a 
nonharvesting-related license under this Part, one person representing recreational 
saltwater anglers and one person representing the aquaculture industry. The Governor 
shall select the person to represent the aquaculture industry from among the names 
recommended by the aquaculture industry. The composition of the council must reflect a 
geographical distribution along the coast. All appointed members are appointed for a term 
of 3 years, except a vacancy must be filled in the same manner as an original member for 
the unexpired portion of the term. An appointed member may not serve for more than 2 
Marine Resources
Aquaculture 
Advisory Council
Not Authorized 
Expenses Only
MRSA §6080
consecutive terms. Appointed members serve until their successors are appointed. The 
chair of the Lobster Advisory Council, the chair of the Sea Run Fisheries and Habitat 
Advisory Council, the chair of the Sea Urchin Zone Council and the chair of the Shellfish 
Advisory Council shall serve until a new chair of the Lobster Advisory Council, a new 
chair of the Sea Run Fisheries and Habitat Advisory Council, a new chair of the Sea 
Urchin Zone Council or a new chair of the Shellfish Advisory Council, respectively, is 
chosen. Members are compensated as provided in Title 5, chapter 379.
Sec. 4.  12 MRSA §6139, as enacted by PL 2007, c. 240, Pt. QQ, §6, is repealed.
Sec. 5.  12 MRSA §6140-A, first ¶, as enacted by PL 2007, c. 240, Pt. QQ, §8, is 
amended to read:
Unless more restrictive rules are adopted by the commission department, the 
following restrictions apply to methods of fishing and the season for Atlantic salmon.
Sec. 6.  12 MRSA §6140-A, sub-§4, as enacted by PL 2007, c. 240, Pt. QQ, §8, is 
amended to read:
4.  Open season.  The commission, after consultation with and advice from the Sea 
Run Fisheries and Habitat Advisory Council, department may establish by rule an open 
season during which a person may fish for Atlantic salmon.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A.
Sec. 7.  12 MRSA §6421, sub-§5-D, ¶B, as amended by PL 2011, c. 266, Pt. A, 
§5, is further amended to read:
B.  Possesses a valid federal lobster permit or a valid lobster fishing license from a 
state other than this State; and
Sec. 8.  12 MRSA §6421, sub-§5-D, ¶C, as amended by PL 2011, c. 266, Pt. A, 
§6, is further amended to read:
C.  Except as authorized under subsection 5-E, does not operate a lobster and crab 
fishing vessel with an established base of operations in this State.; and
Sec. 9.  12 MRSA §6421, sub-§5-D, ¶E is enacted to read:
E.  Has not had that individual's lobster fishing license or right to obtain a lobster 
fishing license suspended in this State or in another state.
SUMMARY
This bill:
1.  Provides that members of the Aquaculture Advisory Council are eligible for 
reimbursement for travel expenses;
2.  Changes from 60 to 30 the number of days in a calendar year that constitute a 
substantial portion of a vessel's business or trade activities for the purposes of 
establishing the vessel's base of operations under the commercial fishing laws;
3.  Eliminates the Sea Run Fisheries and Habitat Advisory Council, changes the 
number of members of the Marine Resources Advisory Council from 16 to 15 and 
removes obsolete references to the former Atlantic Salmon Commission; and
4.  Clarifies that an individual who has had that individual's lobster fishing license or 
right to obtain a lobster fishing license suspended in this State or in another state is not 
eligible for a nonresident lobster and crab landing permit.