Maine Code § 12-6311

Active duty military members
Open in Lexace · Ask the AI about this section
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A. "Active duty for a period of more than 30 days" has the same meaning as in 10 United States
Code, Section 101(d)(2). [PL 2013, c. 319, §3 (NEW).]
B. "Limited entry fishery" means a fishery in which licenses are limited to individuals who have
held a license in the previous year or a fishery that is otherwise restricted by a limited entry system.
[PL 2013, c. 319, §3 (NEW).]
[PL 2013, c. 319, §3 (AMD).]
2. Partial waiver of lobster apprentice requirements. Notwithstanding Title 37-B, section
390-A or any other provision of this Part, the commissioner shall waive a portion of the number of days
and hours of practical lobster fishing experience required under the apprentice program established
pursuant to section 6422, subsection 1 for a person who is a member of the National Guard or the
Reserves of the United States Armed Forces if:
A. The person was under an order to active duty for a period of more than 30 days; [PL 2005, c.
111, §2 (NEW).]
B. The period of active duty conflicts with the requirements of the apprentice program; and [PL
2005, c. 111, §2 (NEW).]
C. The person was licensed pursuant to section 6421, subsection 1, paragraphs D and E. [PL 2005,
c. 111, §2 (NEW).]
This waiver does not apply to the 2-year minimum required under section 6422, subsection 2.
[PL 2005, c. 111, §2 (NEW).]
3. Waiver of licensing requirements. Notwithstanding Title 37-B, section 390-A or any other
provision of this Part, the commissioner shall waive the licensing eligibility requirements applicable to
a limited entry fishery for a person who is a member of the National Guard or the Reserves of the United
States Armed Forces and was under an order to active duty for a period of more than 30 days. This
subsection does not apply to a person who did not possess a license for that limited entry fishery at the
time of or in the calendar year prior to that person's being called to active duty. The waiver must be
available for a period of up to 10 consecutive years of service, with no license fees being assessed
during that time. For years consecutively served beyond 10 years, licensing eligibility requirements,
other than licensing fees, must be waived.
[PL 2013, c. 319, §3 (AMD).]
4. Limited application. This section applies only if the member's service is in support of:
A. An operational mission for which members of the Reserves of the United States Armed Forces
have been ordered to active duty without volunteering for that mission; [PL 2013, c. 319, §3
(AMD).]
B. Forces activated during a period of war declared by the United States Congress or a period of
national emergency declared by the President of the United States or the United States Congress;
or [PL 2013, c. 319, §3 (AMD).]
C. A response to a precipitating event for which the member was drafted or enlisted during a period
of an active draft. [PL 2013, c. 319, §3 (NEW).]
[PL 2013, c. 319, §3 (AMD).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.