Sec. 1. 12 MRSA §6423 is enacted to read:

§6423. Lobster License Appeals Board

1. Lobster License Appeals Board established; purpose.__The Lobster License Appeals Board, referred to in this section as the "board," is established to review appeals on an individual basis when a person appeals the denial of a license application pursuant to subsection 3.__The board shall make a recommendation to the commissioner for the approval or denial of an appeal.__The commissioner shall render the final decision on any appeal.

2. Membership. The board consists of 3 voting members appointed by the commissioner with the advice of the Lobster Advisory Council. The commissioner shall appoint the following members:

A. Two standing members, one of whom holds a lobster and crab fishing license and one of whom is a member of the general public and does not hold a lobster and crab fishing license; and

B. An ad hoc member, appointed for each appeal, who holds a lobster and crab fishing license and who fishes in the same lobster management zone established pursuant to section 6446 as the person who has appealed the license denial.

3. Appeal of license denial.__A person who is denied a lobster and crab fishing license because the person does not meet the eligibility requirements of section 6421, subsection 5 may appeal that license denial to the board.

4. Criteria for license approval under appeal. A license may only be issued on appeal if the following criteria are met:

A. The person documents a medical reason for not meeting the eligibility requirements of section 6421, subsection 5 or the person documents service in the United States Armed Forces that precluded participation in the lobster fishery; and

B. The person held a lobster license for at least 5 consecutive years in the last 15 years or the individual held a Class I, Class II or Class III lobster and crab fishing license prior to 1997 and documents that the person harvested lobsters prior to 1997.

5. Trap tags limit.__A person who is issued a license on