Sec. 6. 12 MRSA §6302-A, sub-§1, as amended by PL 1999, c. 491, §3 and affected by §9, is further amended to read:

1. Tribal exemption; commercial harvesting licenses. A member of the Passamaquoddy Tribe who is a resident of the State is not required to hold a state license or permit issued under section 6421, 6501 6501-A, 6505-A, 6505-C, 6535, 6536, 6601 6602, 6603, 6701, 6702 6702-A, 6703, 6731 6731-B, 6731-C, 6745, 6746 6746-A, 6748, 6748-A, 6748-D, 6748-E, 6751, 6803 or 6804 to conduct activities authorized under the state license or permit if that member holds a valid license issued by the tribe to conduct the activities authorized under the state license or permit. A member of the Passamaquoddy Tribe issued a tribal license pursuant to this subsection to conduct activities is subject to all laws and rules applicable to a person who holds a state license or permit to conduct those activities and to all the provisions of chapter 625, except that the member of the tribe:

A. May utilize lobster traps tagged with trap tags issued by the tribe in a manner consistent with trap tags issued pursuant to section 6431-B. A member of the tribe is not required to pay trap tag fees under section 6431-B if the tribe issues that member trap tags;

B. May utilize elver fishing gear tagged with elver gear tags issued by the tribe in a manner consistent with tags issued pursuant to 6505-B. A member of the tribe is not required to pay elver fishing gear fees under section 6505-B if the tribe issues that member elver fishing gear tags; and

C. Is not required to hold a state shellfish license issued under section 6601 6602 or 6603 to obtain a municipal shellfish license pursuant to section 6671.

Sec. 7. 12 MRSA §6302-A, sub-§2, as enacted by PL 1997, c. 708, §1 and affected by §3, is amended to read:

2. Tribal exemption; sustenance or ceremonial tribal use. Notwithstanding any other provision of law, a member of the Passamaquoddy Tribe who is a resident of the State may at any time take, possess, transport and distribute:

A. Any marine organism, except lobster, for sustenance use if the tribal member holds a valid sustenance fishing license issued by the tribe. A sustenance fishing license

holder who fishes for sea urchins may not harvest sea urchins out of season;

B. Lobsters for sustenance use, if the tribal member holds a valid sustenance lobster license issued by the tribe. The sustenance lobster license holder's traps must be tagged with sustenance use trap tags issued by the tribe in a manner consistent with trap tags issued pursuant to section 6431-B; however, a sustenance lobster license holder may not harvest lobsters for sustenance use with more than 25 traps; and

C. Any marine organism for noncommercial use in a tribal ceremony within the State, if the member holds a valid ceremonial tribal permit issued to the tribal member by the Joint Tribal Council of the Passamaquoddy Tribe or the governor and council at either Passamaquoddy reservation.

For purposes of this subsection, "sustenance use" means all noncommercial consumption or noncommercial use by any person within the Passamaquoddy reservation at Pleasant Point or Indian Township or at any location within the State by a tribal member, by a tribal member's immediate family or within a tribal member's household. The term "sustenance use" does not include the sale of marine organisms. A member of the Passamaquoddy Tribe who takes a marine organism under a license or permit issued pursuant to this subsection must comply with all laws and rules applicable to a person who holds a state license or permit that authorizes the taking of that organism, except that a state law or rule that sets a season for the harvesting of a marine organism does not apply to a member of the Passamaquoddy Tribe who takes a marine organism for sustenance use or for noncommercial use in a tribal ceremony. A member of the Passamaquoddy Tribe issued a license or permit under this subsection is exempt from paying elver gear fees under section 6505-B or trap tag fees under section 6431-B and is not required to hold a state shellfish license issued under section 6601 6602 or 6603 to obtain a municipal shellfish license pursuant to section 6671. A member of the Passamaquoddy Tribe who fishes for or takes lobster under a license or permit issued pursuant to this subsection must comply with the closed periods under section 6440.

Sec. 8. 12 MRSA §6302-A, sub-§§3 and 4, as enacted by PL 1997, c. 708, §1 and affected by §3, are repealed.

Sec. 9. 12 MRSA §6311 is enacted to read:

§6311.__Commercial fishing fees

1.__Resident fees.__The following fees apply to a boat owned by an individual who is a resident of the State or a commercial entity that is headquartered or incorporated in the State for resident licenses issued under sections 6421-C, 6501-A, 6603, 6702-A, 6731-C, 6746-A and 6748-E:

A.__If the boat is 20 feet or less in length, $50;

B.__If the boat is greater than 20 feet in length and up to 36 feet in length, $200;

C.__If the boat is greater than 36 feet in length and up to 42 feet in length, $250;

D.__If the boat is greater than 42 feet in length and up to 50 feet in length, $300; and

E.__If the boat is greater than 50 feet in length, $750.

2.__Nonresident fees.__The following fees apply to a boat owned by an individual who is a nonresident or a commercial entity that is not headquartered or incorporated in the State for a license issued under sections 6421-C, 6501-A, 6603, 6702-A, 6731-C, 6746-A and 6748-E:

A.__If the boat is 20 feet or less in length, $150;

B.__If the boat is greater than 20 feet in length and up to 36 feet in length, $600;

C.__If the boat is greater than 36 feet in length and up to 42 feet in length, $750;

D.__If the boat is greater than 42 feet in length and up to 50 feet in length, $900; and

E.__If the boat is greater than 50 feet in length, $2,250.

A license issued pursuant to this section expires one year from the date of issue.

Sec. 10. 12 MRSA §6312 is enacted to read:

§6312.__Owner requirement exemption

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Qualifying period" means any 46 days during 3 consecutive months in one calendar year.

2.__Owner requirement.__A licensed boat may not be used to harvesÅ__ ____________________________________________________ ________________________

3.__Exemptions to owner requirement.__Notwithstanding subsection 2, the commissioner may authorize a person to harvest a marine organism from a boat when the boat owner or a family member is not on board if:

A.__The boat owner holds a license for the boat to be used to harvest the marine organism, documents to the commissioner that an illness or disability temporarily prevents that owner from harvesting the marine organism from the boat and requests in writing to the commissioner that the commissioner authorize another person to use the owner's boat to harvest that marine organism;

B.__A licensed boat has become temporarily inoperable because of an accident or a mechanical failure and the person who owns that inoperable boat requests in writing permission from the commissioner to use another person's boat to harvest a marine organism;

C.__The person documents to the commissioner by December 31, 2002 that the person harvested a marine organism during the qualifying period in each of calendar years 1997, 1998 and 1999 from the same boat and that boat did not have on board the boat owner or a family member of the boat owner.__A person may not qualify for the exemption under this paragraph unless that person continues to harvest the marine organism from the vessel from which the person harvested marine organisms during the qualifying period in each of calendar years 1997, 1998 and 1999 or from a replacement vessel; or

D.__The person documents to the commissioner by December 31, 2002 that that person rented, leased or otherwise made available that boat to a holder of a license issued pursuant to sections 6421-C, 6501-A, 6603, 6702-A, 6731-C, 6746-A and 6748-E to harvest a marine organism during the qualifying period in each of calendar years 1997, 1998 and 1999 for the purpose of harvesting that marine organism.__A person authorized under this paragraph may harvest the marine organism only from the boat that was made available during the qualifying period in each of calendar years 1997, 1998 and 1999 or a replacement vessel.

4.__Rules.__The commissioner may adopt rules to implement and administer this section.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. 11. 12 MRSA §6404, as amended by PL 1995, c. 468, §2, is further amended to read:

§6404. Suspension based on conviction of scrubbing lobsters

The commissioner shall suspend the lobster and crab fishing license, wholesale seafood license and the commercial fishing boat license of any license holder convicted in court of violating section 6438-A. The suspension must be for one year from the date of conviction.

Sec. 12. 12 MRSA §6421, as corrected by RR 1999, c. 1, §16, is repealed.

Sec. 13. 12 MRSA §6421-C is enacted to read:

§6421-C.__Lobster and crab fishing license

1.__Boat requirement.__It is unlawful for a person to use a boat to fish for or take lobsters and crabs unless:

A.__That boat carries a lobster and crab fishing license issued by the commissioner;

B.__The license for that boat is purchased by and in the name of the person who owns the boat; and

C.__Except as provided under section 6312, the boat owner or a family member of the boat owner is on board that boat when the boat is used to harvest lobsters and crabs.

2.__Permitted activities.__A person on board a boat that complies with subsection 1 may fish for, take, possess, ship or transport within the State lobsters or crabs and sell lobsters or crabs harvested by that boat.__A person may not remove lobster meat from the shell or take, possess, transport or ship lobster parts or meat unless that person holds a permit under section 6851, 6854, 6857 or 6862.

3.__Exception.__A lobster and crab fishing license is not required for an individual to take or catch crabs with bare hands or hook and line.

4.__Eligibility.__A lobster and crab fishing license may only be issued to an individual who is a resident of the State or a commercial entity that is headquartered or incorporated in the State.

5.__Buoy colors.__A person who fishes for or takes lobsters must describe, on a form provided by the commissioner, a single color design of that person's buoys.

6.__Fee.__The fee for a lobster and crab fishing license is established under section 6421-C.

7.__Owner liability.__A boat owner on board a boat licensed under this section is liable for the activities authorized under this section of all persons on board that boat.

Sec. 14. 12 MRSA §6422, as amended by PL 1999, c. 490, §§2 and 3, is repealed.

Sec. 15. 12 MRSA §6431-A, sub-§1, as repealed and replaced by PL 1999, c. 187, §1, is amended to read:

1. Limit. Before March 1, 2000, the holder of a Class I, Class II or Class III license issued under section 6421 6421-C may not submerge more than 1,000 traps. After February 29, 2000, the holder of a Class I, Class II or Class III license issued under section 6421 6421-C may not submerge more than 800 traps. If a lower trap limit is adopted by rule for a zone pursuant to section 6446, a license holder who fishes in that zone may not submerge a number of traps that exceeds the lower limit.

The number of traps fished from a vessel may not exceed the applicable trap limit established in this subsection, regardless of the number of license holders fishing from that vessel.

Sec. 16. 12 MRSA §6431-B, as enacted by PL 1995, c. 468, §5, is amended to read:

§6431-B. Tag system

By March 1, 1996, the commissioner shall establish by rule a lobster trap tag system under which lobster and crab fishing license holders a person who fishes for or takes lobsters must purchase tags for the purpose of identifying and tracking traps. The rules must contain provisions for replacing lost tags. The commissioner may impose a per-tag fee to cover the cost of trap tags, the costs of administering and enforcing a lobster trap tag system and the costs associated with lobster management policy councils and referenda pursuant to section 6447. Trap tag fees must be deposited in the Lobster Management Fund established under section 6431-C.

Sec. 17. 12 MRSA §6431-E, as amended by PL 1999, c. 26, §1, is repealed.

Sec. 18. 12 MRSA §6432, sub-§§2 and 3, as enacted by PL 1977, c. 661, §5, are amended to read:

2. Marking. It shall be is unlawful to set, raise, lift or transfer any lobster trap or buoy unless it is clearly marked with the owner's lobster and crab fishing license number name and address.

3. Color design. It shall be is unlawful to set, raise, lift or transfer any lobster trap unless the color design of the attached buoy is the same as the color design that is on file with the license application and is displayed on the boat, or unless the person is duly licensed and possesses written permission from the rightful owner of the lobster trap or buoy. Prior notification of changes in buoy color design shall must be provided to the commissioner.

Sec. 19. 12 MRSA §6434, as amended by PL 1993, c. 543, §2, is further amended to read:

§6434. Molesting lobster gear

No A person may not raise, lift, transfer, possess or in any manner molest any lobster trap, warp, buoy or car except as provided in this section.

1. Permitted activities. Lobster traps, warps, buoys and cars may be raised, lifted, transferred, possessed or otherwise molested by the following:

A. A marine patrol officer;

B. The licensed owner;

C. Any person having written permission from the licensed owner; and

D. Any person authorized by rule pursuant to subsection 2.

2. Adoption of rules required. The commissioner shall promulgate adopt rules, no later than January 1, 1990, authorizing the removal of traps, warps, buoys or cars that are washed up above the mean low tide mark or are otherwise abandoned or lost.

3. Prohibition. Traps, warps, buoys or cars may not be used for fishing by any person other than the licensed owner unless with written permission from the licensed owner.

4. Additional penalty. If the holder of a lobster and crab fishing license a person violates this section by cutting a lobster trap line, the court shall:

A. Order that person to pay to the owner of the trap line that was cut an amount equal to twice the replacement value of all traps lost as a result of that cutting; and

B. Direct that person to provide proof of payment of that restitution to the Commissioner of Marine Resources as required by section 6402, subsection 1.

A penalty imposed under this subsection is in addition to any penalty imposed under section 6204.

Sec. 20. 12 MRSA §6435, as amended by PL 1981, c. 433, §8, is further amended to read:

§6435. Setting near weirs

It shall be is unlawful to set any lobster trap within 300 feet of the mouth of any fish weir when the weir owner or operator is licensed under section 6501 6501-A and when the weir is licensed under Title 38, chapter 9.

Sec. 21. 12 MRSA §6443, as repealed and replaced by PL 1989, c. 878, Pt. A, §32, is amended to read:

§6443. Underwater storage

Beginning January 1, 1990, any trap or other container used for storing lobsters beneath the surface of the coastal waters must be clearly marked with the wholesale seafood license number or the fishing license number of the person storing the lobsters or with the name and address of the person storing the lobsters. Any trap or other container and the contents in it found in violation of this section may be seized and the contents returned to their natural habitat.

Sec. 22. 12 MRSA §6445, as amended by PL 1999, c. 771, Pt. B, §3 and affected by Pt. D, §§1 and 2, is further amended to read:

§6445. Logbooks for lobster harvesters

The commissioner shall adopt rules requiring any person holding a lobster and crab fishing license who fishes for or takes lobsters and crabs to maintain a logbook. The rules must indicate the type of data that must be recorded in the logbook, the manner for producing the logbooks and the method for analyzing data from the logbooks. The commissioner shall charge a fee for the logbook that is sufficient to recover all costs associated with the production of the logbook and the analysis of the data. Fees received by the department from the sale of logbooks are dedicated revenue and must be used by the department for the purposes of this section. The logbook and data analysis may be produced and conducted by the department or may be produced and conducted by a public or private entity under contract with the department. Disclosure of any data collected under this section is subject to the confidentiality provisions of section 6173. A person who fails to maintain a logbook when required to do so commits a civil violation for which a forfeiture of not less than $100 and not more than $500 may be adjudged.

Sec. 23. 12 MRSA §6446, sub-§2, as repealed and replaced by PL 1995, c. 568, §4, is amended to read:

2. Rules for zones. The commissioner may adopt rules for a zone established under subsection 1 that place limits on lobster and crab fishing license holders persons who fish for or take lobsters and crabs who fish in that zone regarding the number of lobster traps fished and the time periods allowed for complying with that number, the number of lobster traps allowed on a trawl and the time of day when lobster fishing may occur only when the rules were proposed by the lobster management policy council established for that zone pursuant to section 6447, subsection 1 and the proposed rules were approved in a referendum pursuant to section 6447, subsection 6. The commissioner may accept the rules proposed by a lobster management policy council as reasonable and adopt those rules or reject the council's proposed rules as unreasonable. The rules adopted under this subsection by the commissioner must accurately reflect the intent of the rules proposed by a lobster management policy council but are not required to be a verbatim rendition of the proposed rules.

Sec. 24. 12 MRSA §6446, sub-§3, as enacted by PL 1995, c. 468, §8, is amended to read:

3. Application of zone rules. The commissioner may adopt rules that define the application of zone rules to a person who holds a license under section 6421 and who fishes for lobsters in more than one zone.

Sec. 25. 12 MRSA §6447, sub-§5, as amended by PL 1999, c. 187, §3, is further amended to read:

5. Council authority. Upon approval in a referendum under subsection 6, a lobster management policy council may propose to the commissioner rules for a zone to place the following limitations on lobster and crab fishing license holders that fish harvesting in that zone, provided the proposed limitations are equal to or stricter than the limitations under section 6431-A, 6439, 6439-A or 6440:

A. The number of lobster traps fished and the time periods allowed for complying with that number;

B. The number of lobster traps allowed on a trawl; and

C. The time of day when lobster fishing may occur.

Sec. 26. 12 MRSA §6447, sub-§7, as amended by PL 1999, c. 508, §2, is further amended to read:

7. Council member and voter qualifications. A person may not be a member of a zone's lobster management policy council or vote in a zone's council election or referendum unless that person:

A. Possesses a Class I, Class II or Class III lobster and crab fishing license issued Is the owner of a boat licensed under section 6421 6421-C; and

B. Declared at the time of obtaining a Class I, Class II or Class III boat license under section 6421-C the zone in which the person owner fishes a majority of that person's owner's lobster traps. A person boat owner may declare only one zone as the zone in which the person owner fishes a majority of that person's owner's lobster traps.

The holder of a lobster and crab fishing license issued under section 6421 A person may fish for lobsters in any zone.

Sec. 27. 12 MRSA §6451, sub-§1, as amended by PL 1997, c. 19, §4, is further amended to read:

1. Allocation of license fees. Ten dollars of each $93 fee, $20 of each $186 fee, $30 of each $279 fee and $5 of each $46 fee for each lobster and crab fishing license A 5% annual surcharge must be assessed on lobster and crab fishing licenses and allocated to the Lobster Fund, which must be used for the purposes of lobster biology research, of propagation of lobsters by liberating seed lobsters and female lobsters in Maine coastal waters and of establishing and supporting lobster hatcheries.

Sec. 28. 12 MRSA §6451, sub-§8, as enacted by PL 1995, c. 468, §9, is repealed.

Sec. 29. 12 MRSA §6455, sub-§2, as amended by PL 1993, c. 545, §2, is further amended to read:

2. Qualifications of members. From each district, 3 members must be appointed who meet the following criteria:

A. One person who is a full-time harvester and who has held a valid lobster and crab fishing license for at least 5 consecutive years;

B. One person who is a dealer or pound operator and who:

(1) Has held a valid wholesale shellfish license or lobster transport license for a period of at least 5 consecutive years; or

(2) Is the manager of, or an officer in, a business entity operating in the State that holds a valid wholesale shellfish license or lobster transport license; and

C. One person who is a public member.

A person is eligible for appointment to the council from a district only if that person is a resident of the district or if that person's place of business is located within the district.

Sec. 30. 12 MRSA §6455, sub-§5, as amended by PL 1997, c. 211, §3, is further amended to read:

5. Fund established; license surcharge assessed. The Lobster Promotion Fund, referred to in this subchapter as the "fund," is established to carry out the purposes of this subchapter. The department shall pay to the fund all money appropriated or received by the department for the purposes of this subchapter, except that the department may retain funds necessary to reimburse the department for the actual cost of collecting the license surcharges established in this subsection. The fund is capitalized from the following a 5% annual surcharges surcharge assessed on the following lobster and crab fishing boat licenses issued by the department for calendar years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000 2002 and 2001 2003:

A. Class I crab and lobster licenses for persons 18 to 69 years of age, $25;

B. Class II crab and lobster licenses, $50;

C. Class III crab and lobster licenses, $75;

D. Wholesale seafood licenses with lobster permits, $200;

E. Lobster transportation licenses, $200.

A person holding more than one of the licenses listed in this subsection is assessed a surcharge only on the highest surchargeable license held.

The Treasurer of State shall hold all surcharges assessed by this subsection in the fund and invest all money in the fund until disbursed to the council upon request of the council. Interest from investments accrues to the fund.

All money in the fund is subject to allocation by the Legislature. Unexpended balances in the fund at the end of the fiscal year may not lapse but must be carried forward to be used for the same purposes.

In addition to payment of the regular license fee and the surcharge, a person purchasing a license subject to the surcharges established in this subsection may make voluntary contributions to the fund at the time the license is purchased. Voluntary contributions received by the department from a licensee pursuant to this subsection must be deposited in the fund by the department and must be used by the council for the purposes of this subchapter.

Sec. 31. 12 MRSA §6473, as enacted by PL 1997, c. 574, §4, is amended to read:

§6473. Fishing in other waters

1. Limitations. A person boat registered for use in the Monhegan Lobster Conservation Area trap tags under section 6474 may not be used to fish for or take lobsters:

A. In the State's 3-mile territorial sea at any time, except in that portion of the coastal waters designated under section 6471 as the Monhegan Lobster Conservation Area during the open season established for the area under section 6472; and

B. In federal waters during the Monhegan Lobster Conservation Area closed season.

Sec. 32. 12 MRSA §6474, sub-§§3, 4, 5, 6 and 7, as enacted by PL 1997, c. 574, §4, are repealed.

Sec. 33. 12 MRSA §§6475, 6476 and 6477, as enacted by PL 1997, c. 574, §4, are repealed.

Sec. 34. 12 MRSA §6478 is enacted to read:

§6478.__Boat use in Monhegan Lobster Conservation Area

1.__Limitation.__A boat may not be used in the Monhegan Lobster Conservation Area to fish for or take lobsters unless:

A.__A person issued a license under section 6421-C for that boat documents to the commissioner that the boat was used in the area during the 2001 open season to fish for or take lobsters;

B.__A person issued a license under section 6421-C for that boat documents to the commissioner that the boat is a replacement vessel for a boat used in the area during the 2001 open season to fish for or take lobsters; or

C.__The boat is issued a license under section 6421-C and is admitted for use in the area pursuant to subsection 2.

The commissioner shall register each boat that meets the criteria of this subsection and is used to fish for or take lobsters in the Monhegan Lobster Conservation Area.__A boat owner shall have on board the certificate of registration when the boat is used to fish for or take lobsters in the area.

2.__Admittance of new boats.__A boat that was not used in the Monhegan Lobster Conservation Area during the 2001 open season to fish for or take lobsters may be used to fish for or take lobsters in the area if:

A.__The boat is documented under subsection 1, paragraph A or is a replacement vessel documented under subsection 1, paragraph B and is no longer used to fish for or take lobsters in the area; and

B.__The boat has been listed in the boat registry established in this paragraph longer than any other boat has been listed.__The commissioner shall maintain a registry of boats for which the persons who own the boats have requested admittance into the area for use to fish for or take lobsters.__Each boat included in the registry must be listed according to the time and date the commissioner received a written request from the person who owns the boat for admittance to the area.

Sec. 35. 12 MRSA §6501, as amended by PL 1999, c. 491, §4, is repealed.

Sec. 36. 12 MRSA §6501-A is enacted to read:

§6501-A.__Commercial fishing boat license

1.__Boat requirements. It is unlawful for a person to use a boat to fish for or take fish unless:

A.__That boat carries a commercial fishing license issued by the commissioner;

B.__The license for that boat is purchased by and in the name of the person who owns the boat; and

C.__Except as provided under section 6312, the boat owner or a family member of the boat owner is on board that boat when the boat is used to harvest fish.

2.__Permitted activities.__A person on board a boat that complies with subsection 1 may fish for or take fish or possess, ship, transport or sell fish that the person has taken.

3.__Exemptions. The following acts are exempt from the licensing requirements of this section.

A.__A person may fish for, take, possess or transport any species of fish if the fish have been taken by speargun, harpoon, minnow trap, hand dip net or hook and line and are only for personal use.

B.__A person may fish for, take, possess or transport halibut if the halibut have been taken by tub-trawl and are only for personal use.

C.__A person may fish for, take, possess, ship, transport or sell smelts if the smelts have been taken by hook and line through the ice.

4.__Fees.__Fees for commercial fishing licenses are established under section 6311.

5.__Definition. For the purposes of this chapter, "fish" means all marine finfish, squid and shrimp and other marine animals, except lobsters, crabs, sea urchins, shellfish, scallops, marine worms, elvers and eels.

6.__Owner liability.__A boat owner on board a boat licensed under this section is liable for the activities authorized under this section of all persons on board that boat.

Sec. 37. 12 MRSA §6525-A, sub-§1, as enacted by PL 1983, c. 731, §2, is amended to read:

1. Setting nets or seines near weirs. It is unlawful for any person, other than the weir owner or his the weir owner's crew members, to set or assist in setting any net or seine within 2,000 feet of the mouth of a weir in operating condition whose operator is validly licensed under section 6501 6501-A and when the weir is licensed under Title 38, chapter 9.

Sec. 38. 12 MRSA §6601, as amended by PL 1993, c. 281, §1, is repealed.

Sec. 39. 12 MRSA §6602 is enacted to read:

§6602.__Shellfish handfishing and raking license

1.__Boat requirements.__It is unlawful for any person to engage in the activities authorized under this section without a current shellfish handfishing and raking license or other license issued under this Part authorizing the activities.

2.__Licensed activities.__The holder of a shellfish handfishing and raking license may fish for or take shellfish by hand or rake or possess, ship or transport within the state limits or sell shellstock the holder has taken. The holder may also shuck, in the holder's home, shellfish the holder has taken and sell those shucked shellfish from that home in the retail trade. This license does not authorize the holder to fish for or take shellfish in violation of a municipal ordinance adopted pursuant to section 6671.

3.__Eligibility.__A shellfish handfishing and raking license may only be issued to an individual who is a resident of the State.

4.__Personal use exception.__A person may take or possess no more than a 1/2 bushel of shellfish or 3 bushels of hen or surf clams for personal use in one day without a license unless municipal ordinances further limit the taking of shellfish.

5.__Fee.__The fee for a shellfish handfishing and raking license is $63.

6.__Definition.__For the purposes of this subchapter, "shellfish" means clams, quahogs other than mahogany quahogs and oysters and includes shellstock and shucked shellfish.

7.__Penalty.__Notwithstanding the provisions of Title 17-A, section 4-B, a person who violates this section commits a crime punishable by:

A.__For the first offense, a fine of not less than $300 and not more than $1,500; and

B.__For subsequent offenses, a fine of not less than $500 and not more than $1,500.

The court may not suspend a fine imposed under this subsection.

Sec. 40. 12 MRSA §6603 is enacted to read:

§6603.__Shellfish boat license

1.__Boat requirements.__It is unlawful for a person to use a boat to fish for or take shellfish unless:

A.__That boat carries a shellfish boat license issued by the commissioner under this section;

B.__The license for that boat is purchased by and in the name of the person who owns the boat; and

C.__Except as provided under section 6312, the boat owner or a family member of the boat owner is on board that boat when the boat is used to harvest shellfish.

2.__Permitted activities.__A person on board a boat that complies with subsection 1 may fish for or take shellfish or possess, ship or transport shellfish within the state limits or sell shellstock the person on board a boat has taken. The person may also shuck, in the person's home, shellfish the person has taken and sell those shucked shellfish from that home in the retail trade. This license does not authorize the person on board a boat to fish for or take shellfish in violation of a municipal ordinance adopted pursuant to section 6671.

3.__Eligibility.__A shellfish boat license may only be issued to an individual who is a resident of the State or to a commercial entity that is headquartered or incorporated in the State.

4.__Fee.__The fee for a shellfish boat license is established under section 6311.

5.__Owner liability.__A boat owner on board a boat licensed under this section is liable for the activities authorized under this section of all persons on board that boat.

6.__Penalty.__Notwithstanding the provisions of Title 17-A, section 4-B, a person who violates this section commits a crime punishable by:

A.__For the first offense, a fine of not less than $300 and not more than $1,500; and

B.__For subsequent offenses, a fine of not less than $500 and not more than $1,500.

The court may not suspend a fine imposed under this subsection.

Sec. 41. 12 MRSA §6625, as enacted by PL 1993, c. 497, §3, is amended to read:

§6625. Identification and tagging of shellfish

1. Tagging required. The holder of a commercial shellfishing license issued under section 6601 A person who harvests shellfish pursuant to section 6602 or 6603 shall identify shellfish the license holder person has taken by means of a harvester's tag. The tag must be consistent with the format required by the department under rules adopted under this section. Each container, hod or bag of shellstock must be tagged prior to landing the shellstock. The tag must accompany the harvested product while the product is in wholesale or retail commerce within the State.

2. Exception. A commercial shellfish license holder person who is certified under section 6856 is not required to tag shellfish at the time of harvest.

3. Rules. The commissioner may adopt or amend rules that establish requirements for shellfish harvesters' tags.

Sec. 42. 12 MRSA §6671, sub-§3-A, ¶A, as amended by PL 1993, c. 456, §1, is further amended to read:

A. A person is not required to hold a shellfish license issued by the commissioner under section 6601 6602 or 6603 in order to obtain a municipal commercial license. A municipality may issue licenses under this section regardless of whether or not the area has been closed by the commissioner. A person taking shellfish from a closed area for depuration under a depuration certificate issued by the commissioner is not required to hold a municipal shellfish license.

Sec. 43. 12 MRSA §6702, as amended by PL 1997, c. 572, §2, is repealed.

Sec. 44. 12 MRSA §6702-A is enacted to read:

§6702-A.__Scallop boat license

1.__Boat requirements.__It is unlawful for a person to use a boat to fish for or take scallops unless:

A.__That boat carries a scallop boat license issued by the commissioner;

B.__The license for that boat is purchased by and in the name of the person who owns the boat; and

C.__Except as provided under section 6312, the boat owner or a family member of the boat owner is on board that boat when the boat is used to harvest scallops.

2.__Permitted activities.__A person on board a boat that complies with subsection 1 may fish for or take scallops or possess, ship or transport within the state limits scallops and sell scallops the person has taken.

3.__Handfishing and tender requirement.__It is unlawful for a person to operate a boat as a platform for the harvesting of scallops by hand, to act as a diving tender on a boat engaged as a platform for the harvesting of scallops by hand or to possess, ship, transport or sell scallops unless that person is licensed under section 6535, 6536 or 6701.

4.__Eligibility.__A scallop boat license may only be issued to an individual who is a resident of the State or to a commercial entity that is headquartered or incorporated in the State.

5.__Exception.__In any one day, any person licensed pursuant to section 6703 may take or possess not more than 2 bushels of shell scallops or 4 quarts of shucked scallops for personal use without a scallop boat license under this section.

6.__Fee. The fee for a scallop boat license is established under section 6311.

7.__Owner liability.__A boat owner on board a boat licensed under this section is liable for the activities authorized under this section of all persons on board that boat.

Sec. 45. 12 MRSA §6731, as amended by PL 1991, c. 591, Pt. T, §9, is repealed.

Sec. 46. 12 MRSA §§6731-B and 6731-C are enacted to read:

§6731-B.__Mahogany quahog handfishing and raking license

1.__Requirements.__It is unlawful for any person to engage in the activities authorized by this section without a current mahogany quahog handfishing and raking license or other license issued under this Part authorizing the activities.

2.__Licensed activities.__The holder of a mahogany quahog handfishing and raking license may:

A. Fish for or take mahogany quahogs by hand or with a rake in any harvesting area indicated on the license;

B. Possess, ship or transport mahogany quahogs within the State; or

C. Sell mahogany quahogs that the holder has taken.

3.__Personal use exception.__A person may take or possess no more than 3 bushels of mahogany quahogs for personal use in one day without a license.

4.__Fee.__The fee for a mahogany quahog handfishing and raking license is $89.__Fees collected pursuant to this subsection must be deposited in the General Fund.

5.__Conditions.__Each licensee may participate in the monitoring program established in section 6731-A within the harvesting area indicated on the license.__The holder of a mahogany quahog license shall comply with all other conditions of licensing established by the commissioner.

§6731-C.__Mahogany quahog boat license

1.__Boat requirements.__It is unlawful for any person to use a boat to fish for or take mahogany quahogs unless:

A.__That boat carries a mahogany quahog boat license issued by the commissioner;

B.__The license for that boat is purchased by and in the name of the person who owns the boat; and

C.__Except as provided under section 6312, the boat owner or a family member of the boat owner is on board that boat when the boat is used to harvest mahogany quahogs.

2.__Permitted activities.__A person on board a boat that complies with subsection 1 may:

A. Fish for or take mahogany quahogs in any harvesting area indicated on the license;

B. Possess, ship or transport mahogany quahogs within the state limits; or

C. Sell mahogany quahogs that the person has taken.

3.__Fee.__The fee for a mahogany quahog boat license is established under section 6311.

4.__Conditions.__A person who holds a mahogany quahog boat license may participate in the monitoring program established in section 6731-A within the harvesting area indicated on the license.__That person shall comply with all other conditions of licensing established by the commissioner.

5.__Owner liability.__A boat owner on board a boat licensed under this section is liable for the activities authorized under this section of all persons on board that boat.

Sec. 47. 12 MRSA §6746, as amended by PL 1991, c. 591, Pt. T, §11, is repealed.

Sec. 48. 12 MRSA §6746-A is enacted to read:

§6746-A.__Mussel boat license

1.__Boat requirements.__It is unlawful for any person to use a boat to fish for or take mussels unless:

A.__That boat carries a mussel boat license issued by the commissioner;

B.__The license for that boat is purchased by and in the name of the person who owns the boat; and

C.__Except as provided under section 6312, the boat owner or a family member of the boat owner is on board that boat when the boat is used to harvest mussels.

2.__Permitted activities.__A person on board a boat that complies with subsection 1 may fish for or take mussels or possess, ship or transport within the state limits mussels and sell mussels the license holder has taken.

3.__Eligibility.__A mussel boat license may only be issued to an individual who is a resident of this State or to a commercial entity that is headquartered or incorporated in the State.

4.__Exception.__In any one day, a person may take or possess not more than 2 bushels of shell mussels for personal use without a mussel boat license.

5.__Fee.__The fee for a mussel boat license is established under section 6311.

6.__Owner liability.__A boat owner on board a boat licensed under this section is liable for the activities authorized under this section of all persons on board that boat.

Sec. 49. 12 MRSA §6748-A, as amended by PL 1993, c. 740, §1, is repealed.

Sec. 50. 12 MRSA §6748-E is enacted to read:

§6748-E.__Sea urchin boat license

1.__Boat requirements.__It is unlawful for a person to use a boat to fish for or take__sea urchins unless:

A.__That boat carries a sea urchin boat license issued by the commissioner;

B.__The license for that boat is purchased by and in the name of the person who owns the boat; and

C.__Except as provided under section 6312, the boat owner or a family member of the boat owner is on board that boat when the boat is used to harvest sea urchins.

2.__Permitted activities.__A person on board a boat that complies with subsection 1 may fish for or take sea urchins and possess, ship or transport within the state limits sea urchins that person has taken.

3.__Handfishing and tender requirement.__It is unlawful for a person to operate a boat as a platform for the harvesting of sea urchins by hand, to act as a diving tender on a boat engaged as a platform for the harvesting of sea urchins by hand or to possess, ship, transport or sell sea urchins unless that person is licensed under section 6535 or 6748.

4.__Eligibility.__A sea urchin boat license may only be issued to an individual who is a resident of the State or to a commercial entity that is headquartered or incorporated in the State.

5.__Fee.__The fee for a sea urchin boat license is established under section 6311.

6.__Owner liability.__A boat owner on board a boat licensed under this section is liable for the activities authorized under this section of all persons on board that boat.

Sec. 51. 12 MRSA §6749, as repealed and replaced by PL 1995, c. 392, §5, is amended to read:

§6749. Sea urchin harvesting season

It is unlawful for a person to fish for or take sea urchins from May 1st to August July 31st.

Sec. 52. 12 MRSA §6749-O, as amended by PL 1999, c. 643, §8, is repealed.

Sec. 53. 12 MRSA §6749-P, as amended by PL 1997, c. 685, §4, is further amended to read:

§6749-P. Licenses by zone

A person eligible to purchase a license under section 6749-O who purchases a license under section 6748 or 6748-E may purchase those licenses that license only for Zone 1 or Zone 2. All of those sea urchin licenses issued to any one person in any one year must be for the same zone. A person may not change from the zone in which the person harvested sea urchins in the previous calendar year unless the change is authorized in accordance with section 6749-Z. A handfishing sea urchin license, a sea urchin hand-raking and trapping license or a sea urchin dragging boat license authorizes the licensed activity only in the zone for which it is issued. A sea urchin dragging boat license must list the documentation or registration number of the vessel to be used by that licensee when dragging. A vessel documentation number or registration number may not be listed on more than one sea urchin boat license boat.

Sec. 54. 12 MRSA §6749-Q, sub-§2, as enacted by PL 1993, c. 740, §3, is repealed.

Sec. 55. 12 MRSA §6749-Q, sub-§2-A, is enacted to read:

2-A.__Sea urchin boat license.__Five percent of the license fee for a sea urchin boat license;

Sec. 56. 12 MRSA §6749-X, sub-§1, ¶¶C and D, as enacted by PL 1995, c. 595, §5, are further amended to read:

C. Three sea urchin harvesters who hold a current fish by dragging for sea urchin urchins in draggers license for Zone 1;

D. Three sea urchin harvesters who hold a current fish by dragging for sea urchin urchins in draggers license for Zone 2;

Sec. 57. 12 MRSA §6749-Z, sub-§§1 and 2, as enacted by PL 1995, c. 595, §5, are amended to read:

1. Authorization of changes. Beginning in calendar year 1997, a person eligible to purchase a license under section 6749- O who wishes to change the zone in which the person harvests sea urchins or the designation for a boat licensed under section 6748-E may not change zones or change the designation of the boat unless the change is authorized by the commissioner in accordance with this section.

2. Zone change request on application. A person eligible to purchase a license under section 6749-O who wishes to change the zone in which that person was licensed to harvest the person harvests sea urchins or the designation for a boat licensed under section 6748-E used to harvest sea urchins in the previous calendar year must indicate on a sea urchin harvesting license application a preference to change the zone in which the person harvests sea urchins or the designation for a boat licensed under section 6748-E. The commissioner shall stamp each sea urchin harvesting license application with the time and date of submission.

Sec. 58. Revisor's review; cross-references. The Revisor of Statutes shall review the Maine Revised Statues and include in the errors and inconsistencies bill submitted to the Second Regular Session of the 120th Legislature pursuant to Title 1, section 94, any sections necessary to correct and update any cross-references in the statutes to provisions of law repealed in this Act.

Sec. 59. Effective date. This Act takes effect January 1, 2002.

SUMMARY

This bill requires that boats, instead of individuals, be licensed for harvesting marine organisms. It allows any person to fish for a marine organism from a boat that is licensed for the harvesting of that marine organism. It requires the owner of the boat to be on board the boat when it is used for fishing. It provides exemptions to that requirement under certain circumstances. The owner is liable for the activities of any person who fishes from the owner's boat.

The bill also repeals limited-entry provisions in the lobster and sea urchin fisheries.

The bill also makes a variety of technical changes to the marine resources laws to reflect the changing of certain license requirements from licensing individuals to licensing boats.