An Act To Create a Commercial Halibut Fishing License
Maine Legislature, Session 130, LD 1770
Committee: Marine Resources
Sponsors: HEPLER
Amends: 12 MRSA §6039, 12 MRSA §6302-A, 12 MRSA §6501, 12 MRSA §6506

Legislative Document
No. 1770
H.P. 1321
House of Representatives, December 2, 2021
An Act To Create a Commercial Halibut Fishing License
Submitted by the Department of Marine Resources pursuant to Joint Rule 203.
Received by the Clerk of the House on November 30, 2021.  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 HEPLER of Woolwich.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6039, sub-§1, as enacted by PL 2007, c. 615, §6, is amended to 
read:
1.  Sources.  The fund is capitalized by fees assessed under section 6506, subsections 
and 5 and received through the sale of commercial halibut fishing licenses and tags.  In 
addition to those revenues, the commissioner may accept and deposit into the fund money 
from any other source, public or private.  All money in the fund must be used for the 
purposes set forth in this section.
Sec. 2.  12 MRSA §6302-A, sub-§1, as amended by PL 2019, c. 640, §2, 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, 6506, 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 §6501, sub-§3, ¶B, as amended by PL 2011, c. 266, Pt. A, §14, 
is further amended to read:
B.  A person may fish for, take, possess or transport halibut if they have been taken by 
tub trawl or by hook and line and are only for personal use.
This paragraph is repealed January 1, 2023.
Sec. 4.  12 MRSA §6501, sub-§6, as amended by PL 2011, c. 598, §21, is further 
amended to read:
6.  Definition.  For the purposes of this chapter, "fish" means all marine finfish except 
Atlantic herring, Atlantic menhaden, whiting, spiny dogfish, river herring, Atlantic 
mackerel, blueback herring, squid, butterfish, scup, black sea bass, smelt and, shad and 
Atlantic halibut.  For the purposes of this chapter, "fish" also means all other marine 
organisms, except lobsters, crabs, sea urchins, shellfish, scallops, marine worms, elvers, 
sea cucumbers, eels, shrimp or seaweed.
Sec. 5.  12 MRSA §6506 is enacted to read:
§6506.  Commercial halibut fishing license
1. License required. Beginning January 1, 2023, a person may not engage in the 
activities authorized under this section without a current:
A. Commercial halibut fishing license for a resident operator;
B. Commercial halibut fishing license for a resident operator and all crew members; or
C. Commercial halibut fishing license for a nonresident operator and all crew members.
2. Licensed activity; commercial license. The holder of a commercial halibut fishing 
license may fish for, take, possess, ship, transport or sell halibut that the holder has taken. 
A commercial halibut fishing license for an operator and all crew members also authorizes 
the crew members aboard the vessel named on the license to fish for, take, possess, ship or 
transport halibut when the license holder is aboard the vessel. 
3. Eligibility. A commercial halibut fishing license may be issued only to an individual. 
4. Fees. Fees for commercial halibut fishing licenses are as follows:
A. For a commercial halibut fishing license for a resident operator, $48;
B. For a commercial halibut fishing license for a resident operator and all crew 
members, $128; and
C. For a commercial halibut fishing license for a nonresident operator and all crew 
members, $481. 
The commissioner shall deposit fees collected pursuant to this subsection in the Halibut 
Fund established under section 6039.
5. Halibut tags. The holder of a license issued under subsection 1 must annually 
purchase halibut tags to fish for or take halibut. A license holder may purchase an allotment 
of halibut tags only once per year.  A vessel may have only one license holder’s tags 
assigned to that vessel.   The commissioner shall establish by rule the maximum number of 
halibut tags that may be issued to a license holder per year.   The following fees apply to 
halibut tags: 
A. For 5 halibut tags, $5;
B. For 10 halibut tags, $20;
C. For 15 halibut tags, $45;
D. For 20 halibut tags, $70; and
E. For 25 halibut tags, $100; 
The commissioner shall deposit fees collected pursuant to this subsection in the Halibut 
Fund established under section 6039.
6. License exemption. Notwithstanding subsection 1, a person may fish for, take, 
possess or transport halibut without a license if they have been taken by tub trawl or by 
hook and line and are only for personal use.
7. 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.
8. Rules. The commissioner shall adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 6.  Effective date. That section of this Act that amends the Maine Revised 
Statutes, Title 12, section 6501, subsection 6 takes effect January 1, 2023.
SUMMARY
This bill creates commercial halibut fishing licenses and halibut tags, with increasing 
fees for larger numbers of tags. With the creation of the commercial halibut fishing license, 
halibut is removed from the general commercial fishing license. The bill preserves an 
exemption for halibut fishing for personal use.