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An Act To Allow Retired Marine Patrol Officers To Obtain up to 2 Marine Fisheries Licenses
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6421, sub-§5, as amended by PL 2011, c. 486, §1, is further amended to read:
 
5. Eligibility.   A noncommercial or student lobster and crab fishing license may only be issued to an individual who is a resident. A Class I, Class II or Class III license may be issued to a person 17 years of age or older only if the person:
 
A. Possessed a Class I, Class II or Class III lobster and crab fishing license in the previous calendar year;
 
C. Meets the requirements of the apprentice program under section 6422; or
 
D. 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 length of time that included the previous calendar year.; or
 
I.  Meets the requirements of subsection 5-F.
 
Notwithstanding the age requirements of this subsection, a person who holds a Class I, Class II or Class III license on December 31, 2007 may continue to be issued a Class I, Class II or Class III license provided that person continues to meet the requirements of paragraph A.
Sec. 2.  12 MRSA §6421, sub-§5-F  is enacted to read:
 
5-F.  Exception; retired marine patrol officer.     Notwithstanding section 6448, a Class I, Class II or Class III lobster and crab fishing license may be issued upon application to a retired marine patrol officer if the following requirements are met:
 
A.  The person qualifies for a service retirement benefit under Title 5, section 17851 or 17851-A; and
 
B.  The issuance of a license to the applicant under this section will not result in an increase in the total number of licenses outstanding in the zone for which the license is issued.
 
A retired marine patrol officer may be issued only one license under this subsection and may hold in addition only one other license of those issued under sections 6505-A, 6701, 6702, 6748, 6748-A and 6748-D.
Sec. 3. 12 MRSA §6448, sub-§4, as amended by PL 2013, c. 239, §3, is further amended to read:
 
4. Limited-entry zone as declared lobster zone.   A person may not be issued a Class I, Class II or Class III lobster and crab fishing license that identifies a limited-entry zone as the declared lobster zone unless that person:
 
A. Held in the previous licensing year a Class I, Class II or Class III lobster and crab fishing license that identified that zone as the person's declared lobster zone; or
 
B. Is authorized as a new zone entrant by the commissioner pursuant to subsection 7-A to declare that zone as the person's declared lobster zone.; or
 
C.  Meets the requirements of section 6421, subsection 5-F.
Sec. 4. 12 MRSA §6448, sub-§6, as amended by PL 1999, c. 693, §2, is further amended to read:
 
6. Chronological waiting list.   The commissioner shall maintain and make available a waiting list of people who have requested to declare a limited-entry zone as their declared lobster zone. The list must be arranged in chronological order in accordance with subsection 5. The commissioner shall create a waiting list for a zone at the time the commissioner closes the zone pursuant to subsection 2, paragraph D. The commissioner may not place a person who is eligible for a Class I, Class II or Class III lobster and crab fishing license under section 6421, subsection 5-F on a waiting list.
Sec. 5. 12 MRSA §6505-A, sub-§2, as amended by PL 2011, c. 549, §3, is further amended to read:
 
2. Eligibility.   An elver fishing license may be issued only to an individual who:
 
C. Possessed an elver fishing license in the previous calendar year;
 
E. Did not possess an elver fishing license in the previous calendar year because the commissioner had suspended the person’s license privileges for a length of time that included the previous calendar year; or
 
F. Becomes eligible to obtain an elver fishing license pursuant to the elver lotteries under subsection 2-B.; or
 
G.  Meets the requirements of subsection 2-C.
Sec. 6.  12 MRSA §6505-A, sub-§2-C  is enacted to read:
 
2-C.  Exception; retired marine patrol officer.     Notwithstanding subsection 2-B, paragraph B, an elver fishing license may be issued upon application to a retired marine patrol officer if the following requirements are met:
 
A.  The person qualifies for a service retirement benefit under Title 5, section 17851 or 17851-A; and
 
B.  The issuance of a license to the applicant under this section will not result in an increase in the total number of licenses outstanding of the type of the license issued.
 
A retired marine patrol officer may be issued only one license under this subsection and may hold in addition only one other license of those issued under sections 6421, 6701, 6702, 6748, 6748-A and 6748-D.
Sec. 7. 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 subsectionsubsections 2-A and 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. 8.  12 MRSA §6706, sub-§2-A  is enacted to read:
 
2-A.  Exception; retired marine patrol officer.     Notwithstanding subsection 2, a retired marine patrol officer may be issued upon application a hand fishing scallop license or a scallop dragging license if the following requirements are met:
 
A.  The person qualifies for a service retirement benefit under Title 5, section 17851 or 17851-A; and
 
B.  The issuance of a license to the applicant under this section will not result in an increase in the total number of hand fishing scallop licenses or scallop dragging licenses.
 
A retired marine patrol officer may be issued only one license under this subsection and may hold in addition only one other license of those issued under sections 6421, 6505-A, 6701, 6702, 6748, 6748-A and 6748-D.
Sec. 9. 12 MRSA §6749-O, sub-§2-A, as repealed and replaced by PL 2007, c. 615, §18, is amended to read:
 
2-A. License eligibility.   The commissioner may not issue a handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping license to any person unless that person:
 
A. Possessed that license in the previous calendar year;
 
B. Becomes eligible to obtain that license pursuant to a limited entry system under subsection 2-B; or
 
C. Did not possess a sea urchin license in the previous calendar year because the commissioner had suspended the person’s license privileges for a length of time that included the previous calendar year.; or
 
D.  Meets the requirements of subsection 2-C.
Sec. 10.  12 MRSA §6749-O, sub-§2-C  is enacted to read:
 
2-C.  Exception; retired marine patrol officer.     Notwithstanding subsections 2-A and 2-B, a retired marine patrol officer may be issued upon application a handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping license if the following requirements are met:
 
A.  The person qualifies for a service retirement benefit under Title 5, section 17851 or 17851-A; and
 
B.  The issuance of a license to the applicant under this section will not result in an increase in the total number of handfishing sea urchin licenses, sea urchin dragging licenses or sea urchin hand-raking and trapping licenses.
 
A retired marine patrol officer may be issued only one license under this subsection and may hold in addition only one other license of those issued under sections 6421, 6505-A, 6701, 6702, 6748, 6748-A and 6748-D.
 
SUMMARY
This bill provides that a retired marine patrol officer who applies for a Class I, Class II or Class III lobster and crab fishing license, an elver fishing license, a hand fishing scallop license, a scallop dragging license, a handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping license must be issued up to 2 of the licenses, but in no case 2 of the same license, if certain conditions are met. To be issued a license, the applicant must be eligible for service retirement benefits under the State Employee and Teacher Retirement Program and the issuance of the license must not result in an increase in the total number of licenses outstanding in the fishery for which the license is issued.