An Act To Create a Legal Defense Fund for the Maine Lobster Industry
Maine Legislature, Session 130, LD 1916
Committee Amendment CA_A_H914 (House)
Amends: 12 MRSA §6455-A

COMMITTEE AMENDMENT" A" to H.P. 1422, L.D. 1916, "An Act To Create a 
Legal Defense Fund for the Maine Lobster Industry" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec, 1. 12 MRSA §6455-A, sub-§11, as enacted by PL 2021, c. 491, §2, is 
amended by amending the 3rd blocked paragraph to read: 
+he Except as provided in chapter 619, subchapter 7. the Treasurer of State shall hold all 
surcharges assessed by this subsection in the fund and invest all money in the fund until 
disbursed to the collaborative upon request of the collaborative. Interest from investments 
accrues to the fund. 
Sec. 2. 12 MRSA c. 619, sub-c. 7 is enacted to read: 
SUBCHAPTER 7 
LOBSTER LEGAL DEFENSE FUND 
§6491. Lobster Legal Defense Fund established 
The Lobster Legal Defense Fund. referred to in this subchapter as "the fund, 11 is 
established as a nonlapsing account within the department to support the State's lobster 
industry in accordance with this subchapter. The fund includes amounts appropriated by 
the Legislature for purposes of this subchapter and 20% of the license surcharges assessed 
by the department pursuant to section 6455-A. subsection 11. deposited into the fund by 
the department. 
§6492. Use of fund 
Until June 30, 2024, the fund must be distributed on an annual basis as follows: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" /J( to H.P. 1422, L.D. 1916 
1. Department. To the department, an amount sufficient to reimburse the department 
for costs incurred in administering the fund during the preceding 12-month period; 
2. Association. 
To a designated statewide association representing individuals 
engaged in commercial lobster fishing, up to 1/2 of the balance remaining after allocation 
to the department under subsection 1 to reimburse the association for legal costs incurred 
in legal proceedings involving the regulations of the United States Department of 
Commerce, National Oceanic and Atmospheric Administration implementing the Atlantic 
Large Whale Take Reduction Plan for which the association submits invoices to the 
department detailing legal costs incurred and paid; and 
3. Labor union. To a labor union representing individuals engaged in commercial 
lobster fishing in the State, up to 1/2 of the balance remaining after allocation to the 
department under subsection 1 to reimburse the union for legal costs incurred in legal 
proceedings involving the regulations as set out in subsection 2 for which the union submits 
invoices to the department detailing legal costs incurred and paid. 
The department shall distribute money from the fund according to this section. The 
department may adopt policies governing the distribution of money from the fund. 
§6493. Distribution of funds after June 30, 2024 
The department shall distribute money in the fund on June 30, 2024 as set out in this 
section. 
1. Lobster Promotion Fund. An amount up to the amount of the license surcharges 
placed in the fund pursuant to section 6491 must be deposited into the Lobster Promotion 
Fund established in section 6455-A, subsection 10. 
2. Department. Any balance remaining after the deposit under subsection 1 must be 
credited to the department. 
§6494. Repeal 
This subchapter is repealed October 1, 2024. 
Sec. 3. Report. The Department of Marine Resources shall report to the joint 
standing committee of the Legislature having jurisdiction over marine resources matters by 
February 15, 2024. The report must provide details on disbursements made from the 
Lobster Legal Defense Fund established in the Maine Revised Statutes, Title 12, section 
6491. The committee may report out a bill relating to the contents of the report during the 
Sec. 4. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
MAINE LOBSTER MARKETING COLLABORATIVE 
Lobster Promotion Fund 0701 
Initiative: Deallocates funding because of a reduction in revenue from the license 
surcharge. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
2021-22 
$0 
COMMITTEE AMENDMENT 
2022-23 
($380,000) 
COMMITTEE AMENDMENT "A" to H.P. 1422, L.D. 1916 
OTHER SPECIAL REVENUE FUNDS TOTAL 
MAINE LOBSTER MARKETING 
COLLABORATIVE 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
MARINE RESOURCES, DEPARTMENT OF 
Lobster Legal Defense Fund N946 
$0 
2021-22 
$0 
$0 
($380,000) 
2022-23 
($380,000) 
($380,000) 
Initiative: Provides ongoing allocations to supp01t the State's lobster industry by 
reimbursing a statewide association of individuals engaged in commercial lobster fishing 
and the labor union representing individuals engaged in commercial lobster fishing in the 
State for legal costs incurred and paid in legal proceedings involving the regulations of the 
United States Department of Commerce, National Oceanic and Atmospheric 
Administration implementing the Atlantic Large Whale Take Reduction Plan. 
OTHER SPECIAL REVENUE FUNDS 
2021-22 
All Other 
$0 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Lobster Legal Defense Fund N946 
$0 
2022-23 
$380,000 
$380,000 
Initiative: Provides ongoing appropriations to support the State's lobster industry by 
reimbursing a statewide association of individuals engaged in commercial lobster fishing 
and the labor union representing individuals engaged in commercial lobster fishing in the 
State for legal costs incurred and paid in legal proceedings involving the regulations of the 
United States Department of Commerce, National Oceanic and Atmospheric 
Administration implementing the Atlantic Large Whale Take Reduction Plan. 
GENERAL FUND 
2021-22 
All Other 
$0 
GENERAL FUND TOTAL 
MARINE RESOURCES, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
$0 
2021-22 
$0 
$0 
$0 
2021-22 
COMMITTEE AMENDMENT 
2022-23 
$500,000 
$500,000 
2022-23 
$500,000 
$380,000 
$880,000 
2022-23 
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COMMITTEE AMENDMENT "A" to H.P. 1422, L.D. 1916 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
$0 
$0 
$0 
$500,000 
$0 
$500,000 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft. It creates the Lobster Legal 
Defense Fund in the Department of Marine Resources to provide money for legal actions 
involving the regulations of the United States Department of Commerce, National Oceanic 
and Atmospheric Administration implementing the Atlantic Large Whale Take Reduction 
Plan. In addition to a general fund appropriation by the Legislature into this nonlapsing 
fund, the department shall deposit 20% of the license surcharges assessed by the department 
pursuant to the Maine Revised Statutes, Title 12, section 6455-A, subsection 11. 
Until June 30, 2024, the department is to distribute money from the fund to itself in an 
amount sufficient to reimburse the depatiment for costs incurred in administering the fund 
during the preceding 12-month period. Of the remaining balance, 1/2 must be distributed 
to a statewide association of individuals engaged in commercial lobster fishing and 1/2 to 
the labor union representing individuals engaged in commercial lobster fishing in the State 
for legal costs incurred and paid in legal proceedings involving the regulations of the United 
States Department of Commerce, National Oceanic and Atmospheric Administration 
implementing the Atlantic Large Whale Take Reduction Plan. 
Any money remaining in the fund on June 30, 2024 is required to be deposited by the 
department into the Lobster Promotion Fund up to an amount equal to the license 
surcharges placed in the Lobster Legal Defense Fund. Any money remaining in the fund 
is then retained by the department. 
The department is required to submit a report to the joint standing committee of the 
Legislature having jurisdiction over marine resources matters by February 15, 2024 and the 
committee has the authority to report out a bill in response to the contents of the report 
during the Second Regular Session of the 131st Legislature. 
The provisions establishing and governing the Lobster Legal Defense Fund are 
repealed October 1, 2024. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/22 fea<::.. 
LD 1916 
LR2463(02) 
An Act To Create a Legal Defense Fund for the Maine Lobster Industry 
Fiscal Note for Bill as Amended by Committee Amendment 'it { J-{- 9 { ~) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
FY2021-22 
FY2022-23 
$500,000 
Projections 
FY2023-24 
Projections 
FY2024-25 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$0 
$0 
$0 
$0 
$500,000 
$0 
$0 
$500,000 
$500,000 
$0 
$0 
$0 
$0 
$0 
$0 
This bill creates the Lobster Legal Defense Fund (LLDF) within the Department of Marine Resources (DMR). For 2 
years 20% of license surcharges currently credited to the Lobster Promotion Fund (LPF) are to be credited to the 
LLDF. The bill includes an allocation of $380,000 in fiscal year 2022-23 to the LLDF and a deallocation of $380,000 
to the LPF to reflect this revenue shift. Half the funds will be distributed to a lobster association and half to a labor 
union representing individuals engaged in commercial lobster fishing in the State for legal costs incurred and paid in 
legal proceedings involving the regulations of the United States Department of Commerce, National Oceanic and 
Atmospheric Administration, implementing the Atlantic Large Whale Take Reduction Plan. The bill also includes a 
General Fund appropriation to the DMR of $500,000 in fiscal year 2022-23 with the intent that the same amount be 
appropriated in fiscal year 2023-24. The appropriation will be used to increase funding to the LLDF. Any funds 
remaining in the LLDF on June 31, 2024 will be moved back to the Lobster Promotion Fund. 
LR2463(02) - Fiscal Note - Page 1 of 1