An Act to Provide for Medical and Vessel Breakdown License Exceptions for Commercial Menhaden License Holders
Maine Legislature, Session 131, LD 2025
Committee: Marine Resources
Sponsors: MOORE
Amends: 12 MRSA §6502-C

Legislative Document
No. 2025
S.P. 853
In Senate, December 13, 2023
An Act to Provide for Medical and Vessel Breakdown License 
Exceptions for Commercial Menhaden License Holders
Submitted by the Department of Marine Resources pursuant to Joint Rule 203.
Received by the Secretary of the Senate on December 11, 2023.  Referred to the Committee 
on Marine Resources pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MOORE of Washington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6502-C, sub-§2, as enacted by PL 2019, c. 640, §4, is amended 
to read:
2.  Licensed activity; commercial license.  The holder of a commercial menhaden 
fishing license may fish for, take, possess, ship, transport or sell menhaden that the holder 
has taken using the vessel named on the license. A commercial menhaden fishing license 
also authorizes the crew members aboard the vessel named on the license to fish for, take, 
possess, ship or transport menhaden when the license holder is aboard the vessel.
Sec. 2.  12 MRSA §6502-C, sub-§2-A is enacted to read:
2-A.  License exception; illness, disability.  Notwithstanding subsection 2, the 
commissioner may temporarily authorize an individual other than the holder of a 
commercial menhaden fishing license to fish for, take, possess, ship, transport or sell 
menhaden when the license holder is not present if the license holder documents to the 
commissioner that an illness or disability temporarily prevents the license holder from 
fishing for or taking menhaden and requests in writing to the commissioner that the 
commissioner authorize another holder of a commercial menhaden fishing license to fish 
for or take menhaden from the license holder's vessel or the vessel named on the  
temporarily authorized license holder's license.  The commissioner's authorization may 
require the temporarily authorized license holder to fish for, take, possess and land 
menhaden separately from the temporarily authorized license holder's own menhaden to 
ensure that harvest limits are not exceeded.  A temporary authorization granted by the 
commissioner to another license holder due to the illness or disability of the license holder 
may not exceed one menhaden fishing season.
Sec. 3.  12 MRSA §6502-C, sub-§2-B is enacted to read:
2-B.  Exception to using the vessel named on the license holder's license for 
commercial license holders.  Notwithstanding subsection 2, the commissioner may 
temporarily authorize a holder of a commercial menhaden fishing license to use a vessel 
other than the vessel named on that license holder's license to fish for, take, possess, ship 
or transport menhaden if the license holder documents to the commissioner that the vessel 
named on that license holder's license has become temporarily inoperable because of an 
accident or a mechanical failure and requests in writing to the commissioner that the 
commissioner authorize the use of another vessel to fish for or take menhaden. The 
commissioner's authorization may require the license holder to fish for, take, possess and 
land menhaden separately from any menhaden taken under another license listing the same 
vessel to ensure that harvest limits are not exceeded. An authorization granted by the 
commissioner to a license holder due to an accident or a mechanical failure may not exceed 
weeks.  The commissioner may authorize one 2-week extension per license holder during 
the menhaden fishing season.
Sec. 4.  12 MRSA §6502-C, sub-§3, as enacted by PL 2019, c. 640, §4, is amended 
to read:
3.  Licensed activity; noncommercial license.  The holder of a noncommercial 
menhaden fishing license may fish for, take or possess menhaden that the holder has taken 
using the vessel named on the license. A noncommercial menhaden fishing license 
authorizes the crew members aboard the vessel named on the license to fish for, take or 
possess menhaden when the license holder is aboard the vessel.
SUMMARY
This bill provides that the holder of a commercial menhaden fishing license may fish 
for, take, possess, ship, transport or sell menhaden that the holder has taken using only the 
vessel named on the license. The bill also provides 2 exceptions to this provision.  It allows 
a commercial menhaden license holder who is unable to fish for or take menhaden due to 
an illness or disability to request authorization from the Commissioner of Marine 
Resources and for the commissioner to grant the authorization for another commercial 
menhaden license holder to fish for or take menhaden on the ill or disabled license holder's 
behalf, and it allows a commercial menhaden license holder to request authorization to use 
a vessel other than the vessel identified on that license holder's license when that license 
holder's vessel is temporarily inoperable.
The bill also provides that the holder of a noncommercial menhaden fishing license 
may fish for, take or possess menhaden that the holder has taken using only the vessel 
named on the license.