Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                                JUNE 10, 2025                 244
                                                               BY GOVERNOR              PUBLIC LAW
                                 STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FIVE
                                          _____
                                 H.P. 781 - L.D. 1176
An Act to Provide for the Sustainable Management of Marine Resources and
            Create a Noncommercial Northern Shrimp License
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 12 MRSA §6171-B, sub-§1, as amended by PL 2003, c. 248, §2, is further
amended to read:
    1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
    A. "Emerging fishery" means the commercial fishing for any marine organism, except
    herring and groundfish species, that requires a commercial fishing license issued under
    section 6501 or a commercial pelagic and anadromous fishing license issued under
    section 6502-A.
    B. "Endorsement" means an authorization, identified on a commercial fishing license
    issued under section 6501 or a commercial pelagic and anadromous fishing license
    issued under section 6502-A, to harvest, possess, transport and sell a specific marine
    organism for which there is an emerging fishery.
    Sec. 2. 12 MRSA §6171-B, sub-§2, as enacted by PL 1999, c. 297, §1, is amended
to read:
     2. Determination of sustainability. The commissioner may investigate conditions
affecting marine resources and, with the advice and consent of the Marine Resources
Advisory Council, may require a person to hold an endorsement to participate in an
emerging fishery if the commissioner determines that a marine organism or its habitat is
under increasing pressure that could impact its sustainability or if the commissioner
determines that a marine organism is becoming established in the waters of this State and
that access to that marine organism must be limited to ensure its sustainable management.
The commissioner shall ensure that emerging fisheries do not develop at a rate that is not
sustainable on a long-term basis.
Harvesters involved in an emerging fishery may petition the commissioner to investigate
the sustainability of that emerging fishery.
                                   Page 1 - 132LR0359(03)
    Sec. 3. 12 MRSA §6171-B, sub-§4, as enacted by PL 1999, c. 297, §1, is amended
to read:
     4. Endorsement required. Notwithstanding section sections 6501 and 6502-A, a
person may not fish for, take, possess, ship, transport or sell a marine organism for which
an endorsement is required pursuant to subsection 2 unless that person holds a current
commercial fishing license or a commercial pelagic and anadromous fishing license with
an endorsement for that organism, except that a license with an endorsement is not required
for that person to fish for, take, possess or transport the organism only for personal use.
A fee may not be charged for an endorsement required pursuant to this section.
    Sec. 4. 12 MRSA §6804, as amended by PL 2017, c. 346, §§1 and 2, is further
amended to read:
§6804. Commercial northern Northern shrimp license
    1. License required. A person may not engage in the activities authorized under this
section without a current:
    A. Resident commercial northern shrimp license;
    B. Resident with crew commercial northern shrimp license; or
    C. Nonresident with crew commercial northern shrimp license.; or
    D. Resident noncommercial northern shrimp license.
    2. Licensed activities. Except as limited pursuant to subsection 2‑A, the holder of a
commercial northern shrimp license may fish for or take shrimp or possess, ship, transport
or sell northern shrimp that the license holder has taken. A license issued under subsection
7, paragraph B or C also authorizes unlicensed crew members aboard the vessel declared
by the license holder to engage in these activities.:
    A. A holder of a commercial northern shrimp license may fish for or take northern
    shrimp or possess, ship, transport or sell northern shrimp that the license holder has
    taken. A license issued under subsection 7, paragraph B or C also authorizes
    unlicensed crew members aboard the vessel declared by the license holder to engage
    in these activities; and
    B. A holder of a resident noncommercial northern shrimp license may fish for or take
    northern shrimp or possess, ship or transport northern shrimp that the license holder
    has taken.
    2-A. Licenses Commercial licenses limited. The commissioner may establish by
rule a system to limit the number of commercial northern shrimp licenses issued under this
section when the total allowable catch for northern shrimp established for Maine by the
Atlantic States Marine Fisheries Commission is less than 2,000 metric tons. Rules adopted
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2‑A.
Prior to initiating rulemaking, the commissioner shall consult with members of the northern
shrimp industry, including individuals who are eligible to obtain a license that allows
fishing for or taking northern shrimp and holders of a license or permit issued under chapter
625 that allows wholesale or retail activity involving northern shrimp.
                                   Page 2 - 132LR0359(03)
The commissioner shall provide a report regarding management of the northern shrimp
resource and the northern shrimp fishing industry to the joint standing committee of the
Legislature having jurisdiction over marine resources matters by January 15th of the year
following a year in which the commissioner limited the number of licenses issued under
this section. The joint standing committee may report out legislation to the session of the
Legislature in which the report was received regarding management of the northern shrimp
resource or the northern shrimp fishing industry.
    3. Boat Commercial license holder boat declaration. The commercial license
holder shall declare the name of the vessel to be used for fishing under the commercial
northern shrimp license at the time of application for the license and may not change that
declaration during the license year unless the original vessel is sold and replaced, has been
damaged and will be under repair for not less than one month or has been destroyed or lost.
    5. Exemption. Notwithstanding subsection 1, a license is not required to fish for, take,
possess or transport up to one standard fish tote of northern shrimp only for personal use.
This exemption does not apply to an individual whose ability to obtain a commercial
northern shrimp license has been suspended by the commissioner.
    6. Eligibility. A commercial northern shrimp license may be issued only to an
individual.
    7. Fees. Fees for the commercial northern shrimp license are as follows:
    A. Thirty-eight dollars for a resident commercial license that authorizes the license
    holder to engage in the licensed activities under subsection 2, paragraph A;
    B. One hundred three dollars for a resident commercial license that authorizes the
    license holder and crew members to engage in the licensed activities under subsection
    2, paragraph A; and
    C. Three hundred eighty-five dollars for a nonresident commercial license that
    authorizes the license holder and crew members to engage in the licensed activities
    under subsection 2., paragraph A; and
    D. Twenty dollars for a resident noncommercial license that authorizes the license
    holder to engage in the licensed activities under subsection 2, paragraph B.
   8. Disposition of fees. Fees for commercial northern shrimp licenses must be
deposited in the Shrimp Management Fund established in section 6805 as follows:
    A. Thirty-three dollars for a resident commercial license that authorizes the license
    holder to engage in the licensed activities under subsection 2, paragraph A;
    B. Eighty-nine dollars for a resident commercial license that authorizes the license
    holder and crew members to engage in the licensed activities under subsection 2,
    paragraph A; and
    C. Three hundred thirty-four dollars for a nonresident commercial license that
    authorizes the license holder and crew members to engage in the licensed activities
    under subsection 2., paragraph A; and
    D. Twenty dollars for a resident noncommercial license that authorizes the license
    holder to engage in the licensed activities under subsection 2, paragraph B.
                                   Page 3 - 132LR0359(03)
     9. Violation. A person who violates this section commits a civil violation for which
a fine of not less than $100 nor more than $500 may be adjudged.
    Sec. 5. 12 MRSA §6805, sub-§3, as enacted by PL 1999, c. 491, §5, is amended to
read:
    3. Source of revenue. In addition to the fees derived from the commercial and
noncommercial northern shrimp license licenses, the fund may receive money from any
source for the purposes described in subsection 2.
                                  Page 4 - 132LR0359(03)
Statutes affected: 
Bill Text ACTPUB , Chapter 244: 12.6171, 12.6804, 12.6805