An Act to Ensure That Rules Regarding the Atlantic States Marine Fisheries Commission Are Major Substantive Rules (AFTER DEADLINE)
Maine Legislature, Session 131, LD 2275
Committee: Marine Resources
Sponsors: JACKSON
Amends: 12 MRSA §6191, 12 MRSA §6431, 12 MRSA §6433, 12 MRSA §6505-A, 12 MRSA §6804

Legislative Document
No. 2275
S.P. 991
In Senate, March 21, 2024
An Act to Ensure That Rules Regarding the Atlantic States Marine 
Fisheries Commission Are Major Substantive Rules
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Marine Resources suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6191, sub-§3 is enacted to read:
3.  Rules related to the Atlantic States Marine Fisheries Commission.  
Notwithstanding any provision of law to the contrary, rules adopted by the department to 
implement decisions of the Atlantic States Marine Fisheries Commission are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2.  12 MRSA §6431, sub-§1-B, as enacted by PL 2021, c. 512, §2, is amended 
to read:
1-B.  Compliance with interstate fishery management plan.  The commissioner may 
adopt rules to set minimum and maximum lobster sizes different from those specified in 
subsection 1 when necessary to comply with changes to the Atlantic States Marine 
Fisheries Commission Interstate Fishery Management Plan for American Lobster. Rules 
adopted pursuant to this subsection are routine technical major substantive rules as defined 
in Title 5, chapter 375, subchapter 2‑A. The commissioner shall notify the joint standing 
committee of the Legislature having jurisdiction over marine resources matters when 
initiating rulemaking pursuant to this subsection.
Sec. 3.  12 MRSA §6433, sub-§1-A, as amended by PL 2021, c. 512, §3, is further 
amended to read:
1-A.  Adjustment.  Notwithstanding subsection 1, the commissioner shall specify by 
rule the dimensions of vents in lobster traps, which must be appropriate for the minimum 
legal lobster size in effect pursuant to section 6431. The commissioner may adopt rules to 
set different dimensions of vents in lobster traps when necessary to comply with changes 
to the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan 
for American Lobster. Rules adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2‑A, except that rules to comply with changes 
to the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan 
for American Lobster are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. The commissioner shall notify the joint standing committee of the 
Legislature having jurisdiction over marine resources matters when initiating rulemaking 
pursuant to this subsection.
Sec. 4.  12 MRSA §6505-A, sub-§3-A, as amended by PL 2015, c. 131, §1 and PL 
2023, c. 369, Pt. A, §4 and affected by §5, is further amended by amending the last blocked 
paragraph to read:
Rules adopted pursuant to this subsection are routine technical major substantive rules as 
defined in Title 5, chapter 375, subchapter 2‑A.
Sec. 5.  12 MRSA §6804, sub-§2-A, as enacted by PL 2017, c. 346, §2, is amended 
to read:
2-A.  Licenses limited.  The commissioner may establish by rule a system to limit the 
number of commercial northern shrimp licenses issued under this section when the total 
allowable catch for northern shrimp established for Maine by the Atlantic States Marine 
Fisheries Commission is less than 2,000 metric tons. Rules adopted pursuant to this 
subsection are routine technical major substantive rules as defined in Title 5, chapter 375, 
subchapter 2‑A.
Prior to initiating rulemaking, the commissioner shall consult with members of the northern 
shrimp industry, including individuals who are eligible to obtain a license that allows 
fishing for or taking northern shrimp and holders of a license or permit issued under chapter 
that allows wholesale or retail activity involving northern shrimp.
The commissioner shall provide a report regarding management of the northern shrimp 
resource and the northern shrimp fishing industry to the joint standing committee of the 
Legislature having jurisdiction over marine resources matters by January 15th of the year 
following a year in which the commissioner limited the number of licenses issued under 
this section.  The joint standing committee may report out legislation to the session of the 
Legislature in which the report was received regarding management of the northern shrimp 
resource or the northern shrimp fishing industry.
SUMMARY
This bill provides that all rules adopted by the Department of Marine Resources to 
implement decisions of the Atlantic States Marine Fisheries Commission are major 
substantive rules.