Apprentice 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 Course
Apprentice 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; or
2. 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)
Eligibility
A 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 Requirement
An apprentice may only enter Zone C if the apprentice
apprenticed in Zone C.
(b)
Zone E Apprentice Requirement
Effective January 1, 2005 an apprentice may only enter Zone E
if the apprentice apprenticed in Zone E.
(c)
Zone F Apprentice
Requirement
An apprentice may only enter Zone F if the apprentice
apprenticed in Zone F.
(d)
Zone D Apprentice Requirement
An apprentice may only enter Zone D if the apprentice
apprenticed in Zone D.
(e)
Zone A Apprentice Requirement
An apprentice may only enter Zone A if the apprentice
apprenticed in Zone A.
(f)
Zone B Apprentice Requirement
An apprentice may only enter Zone B if the apprentice
apprenticed in Zone B.
(g)
Zone G Apprentice Requirement
An 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
validation
1. 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
Requirement
In 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
Requirement
Effective 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 Requirement
In 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
Requirement
In 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
Requirement
In 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
Requirement
In 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
Requirement
In 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.
