CHAPTER 581
H.P. 1493 - L.D. 1996
An Act to Establish Educational Requirements for Granting Noncommercial Lobster Licenses
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6421, sub-§5-B is enacted to read:
5-B. Noncommercial lobster and crab fishing license eligibility. Beginning with license year 2003, a noncommercial lobster and crab fishing license may be issued only to a person who has:
A. Successfully completed a lobster and crab fishing written examination, as provided in section 6423; or
B. Held a Class I, Class II or Class III lobster and crab fishing license and has landed lobster under that license.
Once a person successfully completes the examination, that person need not repeat the examination to renew the license.
Sec. 2. 12 MRSA §6423 is enacted to read:
§6423. Lobster and crab fishing education program
The commissioner shall establish an education program in accordance with this section for training applicants for noncommercial lobster and crab fishing licenses.
1. Pamphlet. The department shall issue a pamphlet of all the laws and rules relating to a noncommercial lobster and crab fishing license to each applicant for a noncommercial lobster and crab fishing license who has not successfully completed a written examination pursuant to subsection 2 or met the requirements of section 6421, subsection 5-B, paragraph B.
2. Examination. A written examination is required for any person who applies for a noncommercial lobster and crab fishing license who has not successfully completed a written examination under this subsection or met the requirements of section 6421, subsection 5-B, paragraph B. The commissioner shall determine the form and content of the written examination. The written examination must be provided to an applicant with the pamphlet required under subsection 1. The applicant must return the completed written examination to the department and receive a passing grade on the written examination prior to receiving a noncommercial license.
3. Surcharge; credit to Lobster Management Fund. The commissioner shall set a surcharge, not to exceed $15, sufficient to recover the costs incurred by the department in providing the program under this section. A person who successfully completes the program and pays the surcharge may not be charged the surcharge to renew the license. The commissioner may provide copies of the education materials developed under this section to an applicant for another lobster and crab fishing license upon receipt of the surcharge. Surcharges collected under this subsection must be credited to the Lobster Management Fund established in section 6431-C.
Sec. 3. 12 MRSA §6431-C, sub-§2, as amended by PL 2001, c. 93, §2, is further amended to read:
2. Purpose. All money credited to the Lobster Management Fund must be used to cover the costs of trap tags and the administration and enforcement of a lobster trap tag system under section 6431-B, the costs associated with lobster management policy councils and referenda pursuant to section 6447, costs associated with the Lobster Advisory Council not supported by the General Fund and, the costs associated with determining eligibility for lobster and crab fishing licenses and eligibility to fish for or take lobsters from a vessel and the costs associated with the provision of educational programs, for which a surcharge is collected from the enrollee, pursuant to section 6423.
Sec. 4. License year for noncommercial lobster and crab fishing license. Notwithstanding the Maine Revised Statutes, Title 12, chapter 619, for 2003, the license year for noncommercial lobster and crab fishing licenses issued pursuant to Title 12, section 6421 begins May 1, 2003 and ends December 31, 2003.
Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.
MARINE RESOURCES, DEPARTMENT OF
Division of Administrative Services
Initiative: Allocates funds for the costs of certain educational materials.
Other Special Revenue Funds 2001-02 2002-03
All Other $0 $28,950
Effective July 25, 2002, unless otherwise indicated.
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