An Act to Amend the Laws Governing Eligibility Restrictions for Commercial Menhaden Fishing Licenses
Maine Legislature, Session 131, LD 1444
Committee: Marine Resources
Sponsors: FAULKINGHAM, GIFFORD, HEPLER, STROUT, THORNE, WILLIAMS
Amends: 12 MRSA §6502-C

Legislative Document
No. 1444
H.P. 940
House of Representatives, March 30, 2023
An Act to Amend the Laws Governing Eligibility Restrictions for 
Commercial Menhaden Fishing Licenses
(EMERGENCY)
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FAULKINGHAM of Winter Harbor.
Cosponsored by Representatives: GIFFORD of Lincoln, HEPLER of Woolwich, STROUT of 
Harrington, THORNE of Carmel, WILLIAMS of Bar Harbor.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation changes the eligibility restrictions for commercial 
menhaden fishing licenses and needs to take effect as soon as possible to apply to the 2023 
commercial menhaden fishing season; 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 §6502-C, sub-§1-A, as enacted by PL 2021, c. 670, §1, is 
amended to read:
1-A.  Commercial menhaden fishing license eligibility in 2023.  The commissioner 
may not issue a 2023 resident commercial menhaden fishing license or a 2023 nonresident 
commercial menhaden fishing license to an individual unless that individual:
A.  Possessed a license to fish commercially for menhaden in at least 2 of the following 
4 years, 2019, 2020 or, 2021 or 2022; and
B.  According to department records, reported legal landings of menhaden of 25,000 
pounds or more in at least one of the following 4 years, 2019, 2020, 2021 or 2022.
Documentation, acceptable to the department, showing that the landing requirement in 
this paragraph has been met must be submitted to the department by January July 1, 
2023.
Sec. 2.  Report.  By January 15, 2024, the Commissioner of Marine Resources shall 
submit a report to the Joint Standing Committee on Marine Resources with details on the 
implementation of the Maine Revised Statutes, Title 12, section 6502-C, subsections 1-A 
and 1-B.  The committee has the authority to report out a bill to the Second Regular Session 
of the 131st Legislature based on the report.
Sec. 3.  Retroactivity. This Act applies retroactively to January 1, 2023.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill changes one of the requirements for eligibility for a commercial menhaden 
fishing license to provide that an individual must have possessed a license to fish 
commercially for menhaden in at least 2 of the following 4 years, 2019, 2020, 2021 or 
2022. It also provides that documentation showing that the landing requirement has been 
met must be submitted to the Department of Marine Resources by July 1, 2023.