An Act Regarding Required Landings in the Menhaden Fishery
Maine Legislature, Session 132, LD 1353
Committee Amendment CA_A_HA_B_H1049 (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 cotnmercial 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 lone 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-pursucmt to thia Bubaeotion aro routino toohnicul rules os defined in
Title 5, chapter 375, oubohaptor 2 A.
Prior to the adoption ofmles pursuant to this subsection, the commissioner shall provide
preference to individuals;
A. Who meet the requirements of subsection 1-E; and
B. Based on an individual's residence. The commissioner shall fulfill the requirements
ofthisjiaraBraoh by orovidina preference to an individual who resides closest to the
coastof the State and subsequently to an individual who resides the next closest to the
coast of the State.
Rules establishing ^ in accordance with this subsection must be
adopted by December 31. 2027. Rules adopted pursuant to this subsection are routine
technical mles as defined in Title 5. chapter 375. subchaoter 2-A,'
Amend the amendment in section 2 in subsection 1-E in the first line (page 1, line 24
in amendment) by striking out the following: "in 2026"
Amend the amendment in section 2 in subsection 1-E in the first and 2nd lines (page
1, lines 24 and 25 in amendment) by striking out the following: "Notwithstanding
subsection 1 -B" and inserting the followinp: 'Prior to the adoption of a limited entry system
pursuant to subsection 1 -C'
HOUSE AMENDMENT
^
HOUSE AMENDMENT " g " to COMMITTEE AMENDMENT "A" to H,P. 876, L.D. 1353
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 the Maine 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 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 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 renumbering 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 to mdividuals who
meet the eligibility standards established in Committee Amendment "A" and reside closest
to the coast of Maine. 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 entry 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
available licenses and develop an entry plan to provide the first opportunity for licenses to
individuals in the identified groups,
SPONSORED BY:
(Representative FAULfflNGHA&I, B.)
TOWN: Winter Harbor
BISCAL NOTE REQUISED
(See attached)
Page2-132LR0728(05)
HOUSE AMENDMENT
Approved; 04/09/26 t-Ki-
LD 1353 LR 728(05)
An Act Regarding Required Landings in the IVIenhaden Fishery
Fiscal Note for House Amendment tgt to Committee Amendment "A" (H- tOLI(?)
Sponsor; Rep. Faulkingham of Winter Harbor
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase" General Fund
Fiscal Detail and Notes
Any additional costs to the Department of Marine Resources from the provisions of this amendment are expected to
be minor and can be absorbed within existing budgeted resources,
LR0728(05) - Fiscal Note - Page 1 of 1