§ 12 §6302-A — Taking of marine organisms by federally recognized Indian tribes

1.
Tribal exemption; commercial harvesting licenses.
A member of the Passamaquoddy Tribe, Penobscot Nation, Mi'kmaq Nation or Houlton Band of Maliseet Indians who is a resident of the State is not required to hold a state license or permit issued under section 6421, 6501, 6502‑A, 6502‑C, 6505‑A, 6505‑C, 6506, 6535, 6601, 6602, 6701, 6702, 6703, 6731, 6745, 6746, 6748, 6748‑A, 6748‑D, 6751, 6803, 6804 or 6808 to conduct activities authorized under the state license or permit if that member holds a valid license issued by the tribe, nation or band or the agent of the band to conduct the activities authorized under the state license or permit. A member of the Passamaquoddy Tribe, Penobscot Nation, Mi'kmaq Nation or Houlton Band of Maliseet Indians issued a tribal license pursuant to this subsection to conduct activities is subject to all laws and rules applicable to a person who holds a state license or permit to conduct those activities and to all the provisions of chapter 625, except that the member of the tribe, nation or band:
2.
Tribal exemption; sustenance or ceremonial tribal use.
Notwithstanding any other provision of law, a member of the Passamaquoddy Tribe, Penobscot Nation, Mi'kmaq Nation or Houlton Band of Maliseet Indians who is a resident of the State may at any time take, possess, transport and distribute:
3.
Lobster, sea urchin, scallop and elver licenses; limitations.
Pursuant to subsection 1:
4.
Sea urchin and scallop handfishing and tender licenses; limitations.
The Passamaquoddy Tribe, Penobscot Nation, Mi'kmaq Nation or its agent or Houlton Band of Maliseet Indians or its agent may not issue a license or permit pursuant to subsection 1 or 2:
5.
Notification.

Subsections 1 and 2 do not apply to a member of the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians or Mi'kmaq Nation unless a copy of that member's tribal license or permit is filed with the commissioner by the tribal licensing agency or its agent or a tribal official in accordance with section 6027.
6.
License suspension.
If a member of the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians or Mi'kmaq Nation issued a license or permit under this section is convicted or adjudicated of a violation for which a license suspension is mandatory under chapter 617, the commissioner shall suspend that member's license or permit for the specified period. If a member of the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians or Mi'kmaq Nation issued a license or permit under this section is convicted or adjudicated of a violation for which the commissioner may suspend a license, the commissioner may suspend that member's license or permit in accordance with chapter 617.
7.
Enforcement.
A violation of a marine resources law or rule by a member of the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians or Mi'kmaq Nation who is issued a license or permit pursuant to this section must be enforced pursuant to chapter 609. A member of the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians or Mi'kmaq Nation who is issued a license or permit pursuant to this section must possess and exhibit that license or permit in accordance with section 6305 and must comply with the provisions of section 6306 regarding inspections and searches by marine patrol officers for violations related to licensed or permitted activities.
8.
Resident of the State defined.
For the purposes of this section, "resident of the State" means a member of the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of Maliseet Indians or Mi'kmaq Nation who is eligible to obtain a state resident license under section 6301, subsection 1.
9.
Political subdivision.
Nothing in this section may be construed to indicate that the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Mi'kmaq Nation is a political subdivision of the State.
10.
Agent.
For purposes of this section, an agent of the Mi'kmaq Nation is any entity authorized by the Mi'kmaq Nation Tribal Council to act on its behalf under this section and an agent of the Houlton Band of Maliseet Indians is any entity authorized by the Houlton Band of Maliseet Indians Tribal Council to act on its behalf under this section. The Mi'kmaq Nation Tribal Council shall certify to the department any agent it has designated to act on its behalf under this section. The Houlton Band of Maliseet Indians Tribal Council shall certify to the department any agent it has designated to act on its behalf under this section.
11.
Renewal of licenses.
If a holder of a license issued under this section fails to provide information required under section 6173, the license may not be renewed until the holder complies with the requirements of that section.

Legislative History

PL 1997, c. 708, §1 (NEW). PL 1997, c. 708, §3 (AFF). PL 1999, c. 491, §3 (AMD). PL 1999, c. 491, §9 (AFF). PL 2001, c. 421, §B14 (AMD). PL 2001, c. 421, §C1 (AFF). PL 2009, c. 396, §1 (AMD). PL 2011, c. 137, §1 (AMD). PL 2011, c. 266, Pt. A, §2 (AMD). PL 2011, c. 598, §17 (AMD). PL 2013, c. 8, §1 (AMD). PL 2013, c. 9, §1 (AMD). PL 2013, c. 254, §§1-4 (AMD). PL 2013, c. 485, §2 (AMD). PL 2013, c. 588, Pt. E, §5 (AMD). PL 2015, c. 391, §§3-5 (AMD). PL 2019, c. 640, §2 (AMD). PL 2021, c. 627, §2 (AMD). PL 2023, c. 207, §§7-9 (AMD). PL 2023, c. 369, Pt. A, §4 (REV). PL 2023, c. 369, Pt. A, §5 (AFF). PL 2023, c. 646, Pt. A, §§13, 14 (AMD).