§6450. Temporary medical allowance

1.  Temporary medical allowance.  Notwithstanding section 6421, upon request the commissioner may issue a temporary medical allowance that permits an individual to fish under the authority of the license of a Class I, Class II or Class III lobster and crab fishing license holder when that license holder is unable to fish if the following criteria are met:

A. The individual who will be fishing has successfully completed an apprentice program under section 6422;   [PL 2019, c. 68, §1 (AMD).]

B. The individual who will be fishing is the child, spouse or domestic partner of the individual who holds the Class I, Class II or Class III lobster and crab fishing license;   [PL 2019, c. 68, §1 (AMD).]

C. The holder of the Class I, Class II or Class III lobster and crab fishing license is unable to use that license, all or part of the time, due to a substantial illness or medical condition. The holder of the Class I, Class II or Class III lobster and crab fishing license shall provide the commissioner with documentation from a physician describing the illness or other medical condition; and   [PL 2019, c. 68, §1 (AMD).]

D. The holder of the Class I, Class II or Class III lobster and crab fishing license documents to the commissioner that the license holder harvested a minimum of 1,000 pounds of lobsters within one year prior to the request for the temporary medical allowance.   [PL 2013, c. 239, §9 (NEW).]

A request for a temporary medical allowance must be in writing and must specify the dates for which the temporary medical allowance is requested. The holder of the Class I, Class II or Class III lobster and crab fishing license on which the temporary medical allowance is based must maintain a valid license during the duration of the temporary medical allowance. The holder of the Class I, Class II or Class III lobster and crab fishing license is liable for the activities of the individual fishing under the temporary medical allowance, whether or not the license holder is present on the vessel.

[PL 2019, c. 68, §1 (AMD).]

2.  Term.  A temporary medical allowance may not exceed one year or, upon renewal under subsection 3, a total of 2 consecutive years.

[PL 2017, c. 352, §2 (NEW).]

3.  Renewal.  The commissioner may renew a temporary medical allowance issued under subsection 1 for a maximum of one year upon a request in writing from the holder of the Class I, Class II or Class III lobster and crab fishing license upon which the temporary medical allowance is based. A request under this subsection must be received by the commissioner before the expiration of a current temporary medical allowance issued to that license holder.

[PL 2017, c. 352, §2 (NEW).]

SECTION HISTORY

PL 2013, c. 239, §9 (NEW). PL 2017, c. 352, §§1, 2 (AMD). PL 2019, c. 68, §1 (AMD).