Marine Resources committee hears bills on elver dealers, emerging fisheries, shrimp licensing and senior lobster permits; votes oppose state sovereignty bill

The Joint Standing Committee on Marine Resources held public hearings and work‑session discussion on a number of bills affecting fisheries licensing and coastal management. The committee received testimony from sponsors, the Department of Marine Resources (DMR) and industry representatives, and took votes or instructed staff on several items.

LD 1094 — Dealer license restrictions for elver buying

Representative Abden Simmons introduced LD 1094, which would bar issuance of an elver dealer’s license for five years to any person using the same business address as a dealer who has multiple license‑condition violations. Representative Simmons said the measure was intended to prevent repeat violations at the same buying station by people establishing new corporate entities to continue operations after enforcement actions. The Department of Marine Resources testified neither for nor against the bill, noting concerns about practical enforcement and potential legal issues when dealer licenses are issued to corporate entities (LLCs). DMR advised the committee it had asked the Office of the Attorney General for an opinion and recommended further legal review before policy action. No committee vote was taken; the committee closed the hearing and scheduled a work session to allow time for AG analysis.

LD 1176 — Emerging fisheries and northern shrimp licensing (Department bill)

Representative Holly Eaton, sponsor for DMR, introduced LD 1176, a departmental housekeeping and policy bill to expand the state’s emerging‑fisheries authority to species managed under the pelagic and anadromous license (examples cited included black sea bass) and to create a noncommercial northern shrimp license should the fishery reopen. Deirdre Gilbert, DMR Director of State Marine Policy, testified the emerging‑fisheries tool allows the department to limit initial access while collecting biological and socioeconomic data; the bill would also remove a personal‑use exemption for northern shrimp and create a $20 noncommercial shrimp license that would be made available only if a fishery is authorized. Committee members asked clarifying questions about how the proposed shrimp licensing would work and whether the emerging‑fishery tool could be applied to menhaden (DMR clarified menhaden already has its own license so the emerging‑fishery authority would not apply). No vote was recorded; the committee closed the public hearing and will consider DMR’s proposal in a future work session.

LD 553 — Assert state sovereignty to 12 nautical miles (sponsor: Senator Martin)

Senator Martin sponsored LD 553, which would assert state ownership and jurisdiction over waters seaward to 12 nautical miles and direct the Attorney General to take actions to assert that claim and report back to the committee. The committee heard testimony both for and against the bill. Opponents — including the DMR, the Maine Lobstermen's Association and the Criminal Law Advisory Council — raised concerns about federal preemption (the federal Submerged Lands Act and past court decisions), the potential expansion of state criminal jurisdiction seaward, and the lack of clarity about the administrative and fiscal resources required to enforce an extended boundary.

During the committee’s work session the committee debated the bill’s legal and enforcement implications and whether the Legislature should direct the Attorney General to pursue the question. Representative Tiffany Stroud moved an "ought not to pass" recommendation. The motion carried. The committee also directed staff to draft a letter to Maine’s congressional delegation (with copies to federal officials and the U.S. Department of Commerce and the Attorney General) asking for analysis and to request the Attorney General’s office evaluate the legal and practical issues and report back to the committee. The committee did not adopt the bill.

LD 851 — Senior retiree lobster and crab fishing license

Representative Tim Foley (sponsor) testified in favor of LD 851, a bill to create a senior retiree lobster and crab license for Maine residents 65 and older who previously held a class 1–3 commercial lobster/crab license for at least three consecutive years. The proposed license would be limited to 100 traps, seasonal dates and a $60 fee. DMR and the Maine Lobstermen's Association opposed the measure, citing uncertainty about how many people might become eligible, the risk of adding gear during a period when federal whale‑related and other management measures are under consideration, and potential impacts to zone council allocation processes. Committee members discussed alternatives, including lowering the automatic licensing age currently set at 70 to 65 for those who completed the apprenticeship program.

After discussion, the committee voted on a motion to recommend "ought not to pass" for LD 851. The motion passed on a committee roll call (committee recorded a majority against advancing the bill); the committee will transmit its recommendation as required in the legislative process.

Other business: LD 214 language review

The committee conducted a preliminary language review of LD 214 (for‑hire charter boat operator license and saltwater recreational halibut registry), accepted the draft changes and sent the language into processing for final drafting review. DMR asked for a copy of the finalized language because this was a department bill.

Votes at a glance (committee actions taken during this meeting)

- LD 553 (assert state sovereignty to 12 nautical miles): Committee recommendation — "Ought not to pass." Committee directed staff to draft a letter to Maine’s congressional delegation and asked the Attorney General’s office for legal analysis.

- LD 851 (senior retiree lobster/crab license): Committee recommendation — "Ought not to pass." Committee majority expressed concern about potential increases in effort and management complications.

- LD 1094 (elver dealer license restrictions): No committee recommendation at hearing; DMR requested AG analysis; work session scheduled.

- LD 1176 (emerging fisheries and noncommercial northern shrimp license — DMR bill): Public hearing held; no committee recommendation at hearing; department testified in support and will return for work session.

- LD 214 (language review): Preliminary language accepted; will be processed for final drafting.

What to expect next

Bills that received "ought not to pass" recommendations will be reported out to the House or Senate calendar per legislative rules; bills that require additional analysis (LD 1094) will be placed on a future work session once the Attorney General or DMR provides requested legal and fiscal information. DMR staff indicated the department will provide further budgetary or implementation details during those work sessions.

Speakers and sources: Sponsors, Department of Marine Resources staff (Deirdre Gilbert), and public witnesses representing the Maine Lobstermen's Association, Maine Aquaculture Association, Maine Coast Fishermen's Association and individual harvesters and harbor masters testified during the hearings.