An Act To Address the Economic Impact of Federal Closures on Maine's Fixed Gear Fishing Industry
Maine Legislature, Session 130, LD 1898
Committee: Marine Resources
Sponsors: STOVER, MAXMIN, CRAFTS, DODGE, HEPLER, MATLACK, PEBWORTH, MOORE
Amends: 12 MRSA §6043

Legislative Document
No. 1898
H.P. 1405
House of Representatives, January 5, 2022
An Act To Address the Economic Impact of Federal Closures on 
Maine's Fixed Gear Fishing Industry
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Cosponsored by Senator MAXMIN of Lincoln and
Representatives: CRAFTS of Newcastle, DODGE of Belfast, HEPLER of Woolwich, 
MATLACK of St. George, McDONALD of Stonington, PEBWORTH of Blue Hill, Senator: 
MOORE of Washington.
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 United States Department of Commerce, National Oceanic and 
Atmospheric Administration recently adopted federal regulations implementing portions 
of the Atlantic Large Whale Take Reduction Plan; and
Whereas, the immediate impact of these regulations is the closure to lobster fishing 
of approximately 1,000 square miles of federal waters off the coast of Maine from October 
to January, starting in October 2021; and
Whereas, the long-term impact of these regulations challenges the viability of Maine's 
fixed gear fishing industry; and
Whereas, the recent stay of these regulations by a United States District Court is likely 
a temporary reprieve from the negative impacts of these regulations on Maine's fixed gear 
fishing industry; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6043 is enacted to read:
§6043.  Atlantic Large Whale Take Reduction Plan Impact Fund
1.  Fund established.  The Atlantic Large Whale Take Reduction Plan Impact Fund, 
referred to in this section as “the Reduction Plan Impact Fund,” is established as a 
nonlapsing fund within the department to mitigate negative financial impacts experienced 
by individuals and businesses involved in the State’s fixed gear fishing industry resulting 
from the amendment of 50 Code of Federal Regulations, Sections 229.2, 229.32 and 697.21 
published in 86 Federal Register, 52011 to 52024 (2021).
2.  Rulemaking. The department shall establish by rule the eligibility criteria for 
individuals and businesses to apply for and receive funds under the Reduction Plan Impact 
Fund.  Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A.
Sec. 2.  Report. The Department of Marine Resources shall report on the status of 
the Atlantic Large Whale Take Reduction Plan Impact Fund, established in the Maine 
Revised Statutes, Title 12, section 6043, subsection 1, by January 15, 2023 to the joint 
standing committee of the Legislature having jurisdiction over marine resources matters.  
The report must include the amount of funds distributed to each recipient, whether 
individual or business, the number of recipients and the results achieved or negative impact 
mitigated. The joint standing committee may report out a bill based on the report to the 
131st Legislature.
Sec. 3. Transfer. Notwithstanding any provision of law to the contrary, on or before 
June 30, 2022, the State Controller shall transfer $3,000,000 from the unappropriated 
surplus of the General Fund to the Department of Marine Resources, Atlantic Large Whale 
Take Reduction Plan Impact Fund program, Other Special Revenue Funds account. 
Sec. 4.  Appropriations and allocations.  The following appropriations and 
allocations are made.
MARINE RESOURCES, DEPARTMENT OF
Atlantic Large Whale Take Reduction Plan Impact Fund   N944
Initiative: Provides ongoing allocations for grants to individuals and businesses involved 
in the State’s fixed gear fishing industry to mitigate negative financial impacts experienced 
as a result of the United States Department of Commerce, National Oceanic Atmospheric 
Administration regulations resulting from the Atlantic Large Whale Take Reduction Plan. 
The department may not use more than 1% of the funds for administrative costs.
OTHER SPECIAL REVENUE FUNDS
2021-22
2022-23
All Other
$2,999,500
$500
__________
__________
OTHER SPECIAL REVENUE FUNDS TOTAL
$2,999,500
$500
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill establishes the Atlantic Large Whale Take Reduction Plan Impact Fund, 
administered by the Department of Marine Resources, to mitigate negative financial 
impacts incurred by individuals and businesses engaged in Maine’s fixed gear fishing 
industry.  The department is required to establish by rule the eligibility criteria and 
application process for individuals and businesses.  The department is required to report 
concerning the activity of the fund to the joint standing committee of the Legislature having 
jurisdiction over marine resources matters by January 15, 2023. The committee has the 
authority to report out a bill based on the report.