H.P. 1387 - L.D. 1993
An Act to Establish an Appeals Process for Lobster Fishing License Denial
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, currently there is a moratorium on the issuance of new lobster and crab fishing licenses; and
Whereas, this moratorium may have the effect of depriving experienced persons who were previously licensed to fish for lobster and crabs, but who did not hold a lobster and crab fishing license in the prior year, of the opportunity to obtain a lobster and crab fishing license; and
Whereas, it is necessary that any inequities be corrected as soon as possible so that these persons may resume their trade; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6421, sub-§5, ¶C, as amended by PL 1997, c. 574, §1, is further amended to read:
C. Meets the requirements of the apprentice program under section 6422 or section 6475; or
Sec. 2. 12 MRSA §6421, sub-§5, ¶D, as repealed and replaced by PL 1997, c. 250, §3 and affected by §10, is repealed.
Sec. 3. 12 MRSA §6421-A, sub-§1, ¶¶A and B, as enacted by PL 1997, c. 747, §1, are amended to read:
A. Possessed a Class I, Class II or Class III lobster and crab fishing license in the previous calendar year; or
B. Possessed an apprentice lobster and crab fishing license issued prior to February 13, 1998 and meets the requirements of the apprentice program under section 6422; or.
Sec. 4. 12 MRSA §6421-A, sub-§1, ¶C, as enacted by PL 1997, c. 747, §1, is repealed.
Sec. 5. 12 MRSA §6421-B is enacted to read:
§6421-B. Lobster license appeals process
1. Appeal of license denial. A person who is denied a Class I, Class II or Class III lobster and crab fishing license because that person does not meet the eligibility requirements of section 6421, subsection 5, paragraph A or section 6421-A may appeal to the commissioner under this section for a review of that license denial.
2. 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 lobster and crab fishing license for at least 5 consecutive years within the last 15 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 Class I, Class II or Class III lobster and crab fishing license. The person must provide the commissioner 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 lobster fishery and meeting the requirements for a Class I, Class II or Class III lobster and crab fishing license; or
(3) That person did not possess a Class I, Class II or Class III lobster and crab fishing 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.
3. Appeals process. A person appealing a license denial under this section must request the review in writing. The commissioner shall hold a hearing on the appeal if it is requested in writing within 10 days of the initial request. If a hearing is requested, it must be held within 10 days of the request unless a longer period is mutually agreed to in writing, and it must be conducted in the Augusta area.
A hearing held under this subsection is informal. At the hearing, the appellant may present any evidence concerning the criteria listed in subsection 2 that might justify issuing a license to the person and the commissioner may request any additional information the commissioner considers necessary. Any medical information provided as part of the appeal is a confidential record for the purposes of Title 1, section 402, subsection 3, paragraph A.
Issuance of a license on appeal is at the discretion of the commissioner, except that a license may not be issued unless the criteria in subsection 2 are met. Decisions of the commissioner must be in writing.
Sec. 6. Report; general appeals process. The Department of Marine Resources shall develop a proposed appeals process to be used when a license is denied under any limited-entry fishery, including the lobster, sea urchin and elver fisheries. The department shall submit a report with its recommendation and any draft legislation necessary to implement the proposed appeals process to the Joint Standing Committee on Marine Resources by January 15, 2000. The Joint Standing Committee on Marine Resources may report out legislation to the Second Regular Session of the 119th Legislature regarding a license appeals process.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 25, 1999.
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