B. If the license holder was issued a Class I, Class II or Class III lobster and crab fishing license pursuant to former section 6421, subsection 5, paragraph H or former section 6421-A, subsection 1, paragraph D, the license holder may not purchase more than 300 trap tags for the initial license year. For each following year, the license holder may purchase up to an increase of 100 trap tags each year as long as the total number does not exceed the trap limit established by rule for the zone in which the person fishes a majority of that person's traps; and

C. If the license holder was issued a Class I, Class II or Class III lobster and crab fishing license on appeal, the license holder may purchase for the initial license year a number of trap tags up to the number of trap tags purchased by the person for the most recent year in which the person held a license if the person held a license in 1996 or later or 300 trap tags if the person did not hold a license in 1996 or later. For each following year, the license holder may purchase up to an increase of 100 trap tags each year. The number of trap tags may as long as the total number purchased does not exceed the number of traps allowed under the lowest trap limit established by rule for the zone in which the person fishes a majority of that person's traps zones identified on that person's license pursuant to section 6446, subsection 1-A.

3. Appeal of trap tag denial. A lobster and crab fishing license holder who was issued 300 or fewer trap tags under subsection 1 for the 2000 license year because that person had purchased no trap tags as of November 20, 1998 may appeal to the commissioner for additional trap tags. The appeals process is as follows.

A. The commissioner may issue trap tags on appeal only if the following criteria are met:

(1) The person documents that the person harvested lobsters in 1996 or 1997; and