An Act Regarding Required Landings in the Menhaden Fishery
Maine Legislature, Session 132, LD 1353
Committee Amendment CA_A_HA_C_H1067 (House)
Amends: 12 MRSA §6502-C

HOUSE AMENDMENT " (} » to COMMITTEE AMENDMENT "A" to H,P. 876,
L.D. 1353, "An Act Regarding Required Landings in the Menhaden Fishery"
Amend the amendment by striking out all of section 1 and inserting the following:
'See. 1. 12 MRSA §6502-C, sub-§l-C, as enacted by PL 2023, c. 169, §2 and
affected by §5, is amended to read:
1-C. Menhaden license limited entry system. Notwithstanding subsection 1-B, the
commissioner may shall establish by rule a limited entry system under which a person who
did not hold a commercial menhaden license in the previous calendar year may become
eligible to obtain that license when the total number of commercial menhaden licenses is
less than 350 licenses and as long as the fishery exit ratio is one to one. The rules for a
limited entry system must include provisions for the method and administration of the
system. Rules adopted pursuant to this suboeotion are routine teohnioal rules as defined in
Title 5, ohaptor 375, Bubohaptor 2 A.
Prior to the adoption of rules pursuant to this subsection. when the total number of
commercial menhaden licenses is less than 350 licenses and as long as the fishery exit ratio
is one to one. the commissioner shall Di'QvMepi'efercnce tQ^ndjyiduals;
A. Who meet the requirements of sub_sgctiQtLl-E; and
B, Based on an individual's municipality of residence. The commissioner shall fulfill
the requirements of this paraeraph by providine preference to an individual whose
municipality of residence is located the farthest east in the State and subsequently to
an individual whose municipal itv of residence is located the next farthest east in the
State. If more than one individual resides in the municipality, the commissioner shall
determine randomly which iadividual is given first preference.
Rules establishine a limited entry system in accordance with this subsection must be
adopted bv December 31. 2027. Rules adopted pursuant to this subsection are routine
technical rules as defined in Title 5. chapter 375. subchapter 2-A."
Amend the amendment in section 2 in subsection 1-E in tlie first line (page 1, line 24
in amendment) by striking out tlie following; "in 2026"
Amend the amendment in section 2 in subsection 1-E in ttie first and 2nd lines(page
1, lines 24 and 25 in amendment) by striking out the following: "Notwithstanding
HOUSE AMENDMENT
^
HOUSE AMENDMENT " Q " to COMMITTEE AMENDMENT "A" to H.P, 876, L.D. 1353
subsection 1-B" and inserting the following; 'Prior to the adoption of a limited entry svstem
cyrsuantto subsection l-C'
Amend the amendment in section 2 in subsection 1-E in the 2nd line (page 1, line 25
in amendment) by striking out the following; "2026"
Amend the amendment in section 2 in subsection 1-E in the 3rd line (page 1, line 26 in
amendment) by striking out the following: "2026"
Amend the amendment by striking out all of section 3 and inserting the following;
'See. 3. Assignment of licenses according to preference as soon as
practicable; suspension until eligible individuals offered license. The
Commissioner of Marine Resources shall assign limited entry commercial menhaden
licenses pursuant to the priorities established in tlie M.aiw Revised Statutes, Title 12,
section 6502-C, subsection 1-C, paragraphs A and B as soon as practicable following the
effective date of this section,
Notwithstanding the provisions of Title 12, section 6502-C, subsections 1-C and 1-E,
rules adopted by the commissioner establishing a limited entty system under which a
person who did not hold a commercial menhaden license in the previous calendar year may
become eligible to obtain that license are suspended until each individual who meets the
preference requirements established in Title 12, section 6502-C» subsection 1-C,
paragraphs A and B has been offered the opportunity to obtain a commercial menhaden
license,'
Amend the amendment by relettering or renumb ering any nonconsecutive Part letter or
section number to read consecutively.
SUMMARY
This amendment amends Committee Amendment "A" to require the Commissioner of
Marine Resources to adopt rules by December 31, 2027 to establish a limited entry
commercial menhaden fishing license system that provides preference, once the number of
licenses falls below 350 licenses and as long as the fisheiy exit ratio is one to one, to
individuals who meet the eligibility standards established in Committee Amendment "A"
and who, based on municipality of residence, reside the farthest east in Maine. If more
than one eligible individual resides in the same municipality, the commissioner is required
to determine randomly which individual is given first preference. The commissioner is
required to assign licenses under the preference system as soon as practicable following the
effective date of this legislation.
Until the commissioner establishes the limited entiy system, the eligibility standards
must be used, except that the rules may not take effect until all individuals who meet the
preference requirements have been offered the opportunity to obtain a license. The
amendment also removes the provision of Committee Amendment "A" that directs the
Department of Marine Resources to identify groups that should be prioritized for the first
Page2-mLR0728(06)
HOUSE AMENDMENT
HOUSE AMENDMENT " ( ' " to COMMITTEE AMENDMENT "A" to H.P. 876, L,D. 1353
available licenses and develop an entry plan to provide the first opportunity for licenses to
individuals in the identified groups.
SPONSORED BY:
(Representative FAWKINGHAM.B.)
TOWN: Winter Harbor
HOUSE AMENDMENT