LD 2584
pg. 3
Page 2 of 5 An Act to Establish an Appeals Process for License Denial Under Limited-entry F... Page 4 of 5
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LR 4028
Item 1

 
7.__Criteria for license issuance on appeal.__The commissioner may
issue a license on appeal only if the following criteria are met:

 
A.__The person held a license as follows:

 
(1)__For a person appealing the denial of a lobster and
crab fishing license, the person held a lobster and
crab fishing license for at least 5 consecutive years
within the last 15 years;

 
(2)__For a person appealing the denial of an elver
fishing license, the person held an elver fishing
license for at least 2 consecutive years within the
last 4 years; or

 
(3)__For a person appealing the denial of a handfishing
sea urchin license, a sea urchin dragging license or a
sea urchin hand-raking and trapping license, the person
held a sea urchin harvesting license for at least 4
consecutive years within the last 7 years; and

 
B.__The person documents that:

 
(1)__A substantial illness or other medical condition
on the part of the person or a family member prevented
that person from meeting the eligibility requirements
for a license.__The person must provide the board with
documentation from a physician describing the illness
or other medical condition.__For the purposes of this
subparagraph, "family member" means a spouse, brother,
sister, son-in-law, daughter-in-law, parent by blood,
parent by adoption, mother-in-law, father-in-law, child
by blood, child by adoption, stepchild, stepparent,
grandchild or grandparent;

 
(2)__Service in the United States Armed Forces or the
United States Coast Guard precluded that person from
participating in the fishery and meeting the
eligibility requirements for a license; or

 
(3)__That person did not possess a license in the
previous calendar year because the commissioner had
suspended the person's license privileges for a period
of time that included the previous calendar year.

 
8.__Lobster license transfer.__Notwithstanding subsection 7,
upon recommendation by the board, the commissioner may transfer
the Class I, Class II or Class III lobster and crab fishing


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