Section 188-25-96 - Lobster Apprentice ProgramApprentice program for entry into the lobster fishery
A. To become eligible for a class I, II, or III lobster and crab fishing license under 12 M.R.S.A. § 6421, the applicant must meet the requirements of the apprentice program under Chapter 25.96.
B.Apprentice Program. The program is initiated with the first documented calendar day of a fishing hour under an apprentice license or student license. The program is completed upon presentation to the Commissioner of acceptable validated log sheets documenting at least the minimum of 1,000 fishing hours that is accumulated over a minimum of 200 calendar days, during a minimum of 24 months. If an individual completes the program in multiple zones, individuals will still be required to document at least the minimum of 1,000 fishing hours that is accumulated over a minimum of 200 calendar days in each desired zone. The minimum of the 24-month requirement is met 24 months from the date the individual logs their first day in the apprenticeship program.(1)Educational courses. The Department has the option of developing courses, which may be required in addition to the practical lobster fishing experience. The program may include any educational courses the Commissioner determines appropriate. Educational courses may be taught by the Department or by any public or private sector association or organization authorized by the Commissioner. For any course taught by the Department, the Commissioner shall set an enrollment fee sufficient to recover all costs incurred by the Department in teaching the course. See Chapter 25.96(B)(1)(a) below. (a)Safety Education CourseApprentice fishermen must successfully complete a United States Coast Guard approved Fishing Vessel Drill Conductor Training course. Contact information for such courses may be obtained through the US Coast Guard, Sector Northern New England, Prevention Department, Commercial Fishing Vessel Safety Program, telephone: (207) 780-3256.
To meet the educational requirements of this rule, the USCG approved training course must include:
Abandoning the vessel;
Fire Fighting on board a vessel;
Recovering an individual from the water;
Minimizing the effects of unintentional flooding;
Launching survival craft;
Donning immersion suits and personal flotation devices; and Making a voice radio distress call and using visual distress signals.
(b)Safety Education Course Documentation(i) Except as provided by paragraphs ii, iii, iv and v, an individual issued an apprentice or student license in accordance with 12 M.R.S.A. § 6421 (3-A)(D) and (E), must document to the Department completion of the Education Course prior to issuance of their Class I, II or III lobster and crab fishing license.(ii) Individuals who are authorized as new zone entrants in accordance with § 6448(7) as of February 1, 2007 and purchase a Class I, II or III license are required to document completion of the Education Course prior to license renewal.(iii) Individuals who are authorized as new zone entrants and who are issued a 2007 Class I, II or III license pursuant to 12 M.R.S.A. § 6448(8)(A) are required to document completion of the Education Course prior to license renewal.(iv) All individuals who are on a zone waiting list on February 1, 2007 are required to document completion of the Education Course within one year (by February 1, 2008). Failure to comply will result in removal from the waiting list on February 1, 2008. Individuals shall be reinstated at the bottom of the waiting list following documentation to the Department that they have completed the Education Course.(v) The following individuals would be exempt from having to meet the requirements of this section: 1. Persons holding a valid merchant mariner's license issued by the Coast Guard authorizing service as master of uninspected fishing industry vessels and who show proof of experience that relates directly to the contingencies listed in 64 CFR 28.270(a) (2006) including-- (i) Experience as an instructor; or(ii) Training received in instructional methods; or2. Persons holding a valid merchant mariner's license issued by the Coast Guard authorizing service as a master of inspected vessels of 100 gross tons or more and who show proof of experience that relates directly to the contingencies listed in 46 CFR 28.270(a) (2006) including-- (i) Experience as an instructor; or(ii) they have received training in instructional methods.3. Persons who are new zone entrants that hold a commercial lobster license and are changing zones pursuant to 12 M.R.S.A. § 6448(7).(2)EligibilityA person must hold an apprentice lobster and crab fishing license or a student lobster and crab fishing license issued under 12 M.R.S.A. § 6421 to enter the program.
(a)Zone C Apprentice RequirementAn apprentice may only enter Zone C if the apprentice apprenticed in Zone C.
(b)Zone E Apprentice RequirementEffective January 1, 2005 an apprentice may only enter Zone E if the apprentice apprenticed in Zone E.
(c)Zone F Apprentice RequirementAn apprentice may only enter Zone F if the apprentice apprenticed in Zone F.
(d)Zone D Apprentice RequirementAn apprentice may only enter Zone D if the apprentice apprenticed in Zone D.
(e)Zone A Apprentice RequirementAn apprentice may only enter Zone A if the apprentice apprenticed in Zone A.
(f)Zone B Apprentice RequirementAn apprentice may only enter Zone B if the apprentice apprenticed in Zone B.
(g)Zone G Apprentice RequirementAn apprentice may only enter Zone G if the apprentice apprenticed in Zone G.
(3)Practical lobster fishing experience(a)Length of program. A minimum of 24 months. During this period 1,000 fishing hours accrued over a minimum of 200 calendar days are required. Fishermen may take more than 24 months if additional time is needed.(b)Log sheets(i) The Commissioner shall provide log sheets for documentation of fishing hours. The log sheet forms are available to printout from the Department of Marine Resource's website in Excel format at http://www.maine.gov/dmr/pamphlets/apprenticelog.xls; or in "pdf" format at http://www.maine.gov/dmr/pamphlets/apprenticelog.pdf; or hard copies may be requested to be mailed by writing the Department of Marine Resources, attn: Licensing Division, License Eligibility Specialist, 21 State House Station, Augusta, Maine 04333-0021 or by contacting the Licensing Division at telephone: (207) 624-6550.(ii)Documentation and validation1. Daily entries documenting fishing hours must be entered on the log sheets.2. Apprentice fishermen must have their sponsor initial each daily entry documenting fishing hours per calendar day. a.Zone C Apprentice Sponsor RequirementIn Zone C the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone C as their declared zone.
b.Zone E Apprentice Sponsor RequirementEffective January 1, 2005 in Zone E the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone E as their declared zone.
c.Zone F Apprentice Sponsor RequirementIn Zone F the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone F as their declared zone.
The sponsors of persons enrolled in the apprentice program on the effective date of this rule are exempt from this requirement pursuant to 12 M.R.S.A. § 6447 (5-C) paragraph 2.
d.Zone D Apprentice Sponsor RequirementIn Zone D the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone D as their declared zone.
The sponsors of persons enrolled in the apprentice program on the effective date of this rule are exempt from this requirement pursuant to 12 M.R.S.A. § 6447 (5-C) paragraph 2.
e.Zone A Apprentice Sponsor RequirementIn Zone A the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone A as their declared zone.
f.Zone B Apprentice Sponsor RequirementIn Zone B the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone B as their declared zone.
g.Zone G Apprentice Sponsor RequirementIn Zone G the sponsor of an apprentice must have held a Class I, Class II or Class III lobster and crab fishing license for at least 5 years and have Zone G as their declared zone.
3. Apprentice fishermen must obtain the signature of the local Marine Patrol Officer after the completion of every 250 fishing hours.4. Apprentice fishermen must submit completed log sheets signed by a local Marine Patrol Officer within 30 days of the date of the last entry on the log for showing the completion of 250 fishing hours. Apprentice log sheets not submitted within 30 days will not be counted for the purpose of documenting time for the apprentice program.5. Apprentice fishermen may document up to 20% (200 hours) out of 1,000 documented fishing hours on gear work, excluding boat repairs.6. Log sheet entries must include the lobster district number, fishing start and end times for each documented fishing date.(iii)Inspection. Log sheets must be available for inspection by a Marine Patrol Officer.C.Allowance for waivers. For the purpose of determining eligibility for waivers under 12 M.R.S.A. § 6422(4) practical lobster fishing experience is defined as: (1) Experience gained after January 1, 1998. Practical lobster fishing experience will only be credited through the apprentice program as described in Chapter 25.96(B).D.Misstatement or misrepresentation. It shall be unlawful to intentionally or knowingly make a misstatement or misrepresentation on an application for a license or certificate.E.Eligibility Date for New Class I, II or III Lobster License Holders(1) An apprentice fishermen's eligibility date is determined by the time and date upon which the Department receives an apprentice fishermen's fully completed log sheets documenting at least 1000 fishing hours accrued over a minimum of 200 logged calendar days and proof of successful completion of the Safety Education Course as described in Chapter 25.96(B)(1)(a). In no instance, however, may the eligibility date be earlier than the minimum length of program established pursuant to 12 M.R.S.A. § 6422, or the minimum enrollment period adopted by an individual Lobster Management Zone pursuant to 12 M.R.S.A. § 6447, sub-§ 5- C.(2) Suspension of eligibility while on a waiting list for a new class I, II or III commercial lobster license. A person who is on a waiting list for a class I, II or III lobster and crab fishing license for a limited-entry zone shall be removed from that list following a suspension for a violation of a marine resources law and shall be reinstated at the bottom of the waiting list following notification to the Department of eligibility for a license upon completion of the suspension. It shall be that person's responsibility, upon completion of the suspension, to notify the Department of Marine Resources' License Eligibility Specialist of his/her eligibility for a license.13-188 C.M.R. ch. 25, § 96