LD 1353

APPROVED  CHAPTER
  APRIL 16, 2026  761
  BY GOVERNOR  PUBLIC LAW
  STATE OF MAINE
  _____
  IN THE YEAR OF OUR LORD
  TWO THOUSAND TWENTY-SIX
  _____
  H.P. 876 - L.D. 1353
        An Act Regarding Required Landings in the Menhaden Fishery
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 12 MRSA §6502-C, sub-§1-C, as enacted by PL 2023, c. 169, §2 and
affected by §5, is amended to read:
    1-C. Menhaden license limited entry system. Notwithstanding subsection 1‑B, the
commissioner may shall establish by rule a limited entry system under which a person who
did not hold a commercial menhaden license in the previous calendar year may become
eligible to obtain that license when the total number of commercial menhaden licenses is
less than 350 licenses and as long as the fishery exit ratio is one to one. The rules for a
limited entry system must include provisions for the method and administration of the
system. Rules adopted pursuant to this subsection are routine technical rules as defined in
Title 5, chapter 375, subchapter 2‑A.
Prior to the adoption of rules pursuant to this subsection, when the total number of
commercial menhaden licenses is less than 350 licenses and as long as the fishery exit ratio
is one to one, the commissioner shall provide preference to individuals:
    A. Who meet the requirements of subsection 1-E; and
    B. Based on an individual's municipality of residence. The commissioner shall fulfill
    the requirements of this paragraph by providing preference to an individual whose
    municipality of residence is located the farthest east in the State and subsequently to
    an individual whose municipality of residence is located the next farthest east in the
    State. If more than one individual resides in the municipality, the commissioner shall
    determine randomly which individual is given first preference.
Rules establishing a limited entry system in accordance with this subsection must be
adopted by December 31, 2027. Rules adopted pursuant to this subsection are routine
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
    Sec. 2. 12 MRSA §6502-C, sub-§1-E is enacted to read:
    1-E. Commercial menhaden fishing license eligibility. Prior to the adoption of a
limited entry system pursuant to subsection 1-C, the commissioner may issue a resident
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commercial menhaden fishing license or a nonresident commercial menhaden fishing
license to an individual if that individual:
   A. Possessed a license to fish commercially for menhaden in at least one of the
   following 3 years, 2019, 2020 or 2021;
   B. According to department records, reported legal landings of menhaden of 20,000
   pounds or more under a commercial menhaden fishing license in at least one of the
   following 3 years, 2019, 2020 or 2021; and
   C. Did not qualify for or receive a license for any period of time under subsection 1-A.
Documentation, acceptable to the department, showing that the landing requirement in
paragraph B has been met must be based on information reported to the department prior
to January 1, 2023.
   Sec. 3. Assignment of licenses according to preference as soon as
practicable; suspension until eligible individuals offered license. The
Commissioner of Marine Resources shall assign limited entry commercial menhaden
licenses pursuant to the priorities established in the Maine Revised Statutes, Title 12,
section 6502-C, subsection 1-C, paragraphs A and B as soon as practicable following the
effective date of this section.
    Notwithstanding the provisions of Title 12, section 6502-C, subsections 1-C and 1-E,
rules adopted by the commissioner establishing a limited entry system under which a
person who did not hold a commercial menhaden license in the previous calendar year may
become eligible to obtain that license are suspended until each individual who meets the
preference requirements established in Title 12, section 6502-C, subsection 1-C,
paragraphs A and B has been offered the opportunity to obtain a commercial menhaden
license.
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