An Act Regarding Required Landings in the Menhaden Fishery
Summary
LD 1353 amends Maine’s commercial menhaden licensing laws to create and prioritize a limited-entry system for the fishery. The bill directs the Commissioner of Marine Resources to establish rules allowing new entrants only when the total number of commercial menhaden licenses is below 350 and the fishery exit ratio is one-to-one, and it requires those rules to be adopted by December 31, 2027. Until rules are adopted, the commissioner must give preference to certain applicants based on eligibility and, secondarily, on residence in the easternmost municipality, with ties resolved randomly.
The bill also creates a new eligibility standard for limited-entry licenses. To qualify, an applicant must have held a commercial menhaden license in 2019, 2020, or 2021; must have reported legal landings of at least 20,000 pounds in one of those years based on department records; and must not have qualified for or received a license under the prior temporary licensing provision. The landing documentation must come from reports filed with the department before January 1, 2023. A separate section requires the commissioner to issue limited-entry licenses to eligible individuals as soon as practicable and suspends broader rulemaking for new entrants until all qualifying preference applicants have been offered licenses.
Impact
The bill changes Title 12, section 6502-C by converting the commissioner’s authority to establish a menhaden limited-entry system into a mandate and by adding a statutory priority order for who may receive licenses first. It also adds a new eligibility subsection that ties access to historical participation and documented landings, thereby narrowing who can enter the fishery. In practical terms, the measure affects commercial menhaden license holders, prospective applicants, and the Department of Marine Resources by restricting future licensing and requiring administrative rules and license allocation procedures.
Sentiment
The voting history suggests the bill was controversial and did not command broad consensus. It passed the House on a majority report but with a substantial minority opposing it, and the subsequent vote to accept the minority ought-not-to-pass report failed. Final enactment also failed, indicating that while the bill had some support, it faced enough opposition to prevent passage. The available record does not include committee testimony, but the floor votes show a divided chamber and a contested policy choice.
Contention
The main points of contention appear to be whether the state should require a limited-entry menhaden licensing system and how restrictive that system should be. Supporters likely favored protecting existing participants and managing access through historical landings and residency-based preference, while opponents likely objected to the mandatory licensing framework, the use of past landings as a gatekeeping criterion, and the geographic preference for eastern municipalities. The requirement to suspend broader rulemaking until all preferred applicants are served also likely drew concern from those favoring more flexible or open access to the fishery.