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An Act To Promote Sustainability in the Scallop Fishing Industry
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6073-E  is enacted to read:
§ 6073-E. Limit exemption; scallop aquaculture
A person who cultivates scallops pursuant to a lease issued under section 6072, 6072-A or 6072-B or a license issued under section 6072-C is exempt from the scallop harvesting limit set forth in section 6721-B for scallops harvested from the leased area.
Sec. 2. 12 MRSA §6706, sub-§2, as amended by PL 2011, c. 237, §1, is further amended to read:
 
2. License eligibility in subsequent years.   Except as provided in subsection 2-A and subsection 3, the commissioner may not issue a hand fishing scallop license or a scallop dragging license to any person in any year subsequent to 2009 unless that person possessed that license in the previous calendar year or is eligible to obtain a license in accordance with the limited entry system established under subsection 3.
Sec. 3.  12 MRSA §6706, sub-§2-A  is enacted to read:
 
2-A.  License eligibility; previous license holders.     An applicant who held a hand fishing scallop license or scallop dragging license in any previous year may be issued a hand fishing scallop license or a scallop dragging license in the current year as long as the prior license is no longer valid solely due to its expiration.
Sec. 4. 12 MRSA §6706, sub-§3, as amended by PL 2011, c. 237, §2, is further amended to read:
 
3. Scallop license limited entry system.   Notwithstanding subsection 2, the commissioner shall establish by rule a limited entry system under which a person who did not hold a hand fishing scallop license or a scallop dragging license in the previous calendar year may become eligible to obtain that license. Rules adopted pursuant to this subsection do not apply to persons who are eligible for a hand fishing scallop license or a scallop dragging license under subsection 2-A. The rules for a limited entry system must include provisions for the method and administration of the program. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5.  12 MRSA §6721-B  is enacted to read:
§ 6721-B. Scallop harvesting limit
Except as provided in section 6073-E, a person may not harvest more than 90 pounds of scallops per day.
Sec. 6. 12 MRSA §6723, as repealed and replaced by PL 2007, c. 607, Pt. A, §7, is repealed.
Sec. 7.  12 MRSA §6727-A  is enacted to read:
§ 6727-A. Maximum drag width
A person may not possess on any vessel fishing for scallops in the territorial waters, or use when fishing for or taking scallops in the territorial waters, a drag or any combination of drags that measures in excess of 5 feet, 6 inches across from one extreme outside edge of the mouth of the drag or combination of drags to the opposite extreme outside edge.
 
SUMMARY
This bill creates a 90-pound per day, per person harvesting limit on scallops; however, this bill exempts scallops harvested through aquaculture from this limit. The bill provides that a hand fishing scallop license or scallop dragging license must be issued to an applicant who previously held a hand fishing scallop license or scallop dragging license, which had expired. The bill also imposes a maximum width of 5 feet, 6 inches for scallop drags.