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An Act To Sustain the Elver Fishery
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6505-A, sub-§1, ¶¶C and D, as enacted by PL 2003, c. 452, Pt. F, §11 and affected by Pt. X, §2, are amended to read:
 
C. A nonresident elver fishing license for one device; or
 
D. A nonresident elver fishing license for 2 devices.; or
Sec. 2.  12 MRSA §6505-A, sub-§1, ¶E  is enacted to read:
 
E.  A resident elver fishing license for 3 elver fyke nets.
Sec. 3. 12 MRSA §6505-A, sub-§2, ¶C, as amended by PL 2007, c. 615, §15, is further amended to read:
 
C. Possessed an elver fishing license in the previous calendar year; or
Sec. 4. 12 MRSA §6505-A, sub-§2, ¶E, as enacted by PL 2007, c. 615, §15, is amended to read:
 
E. Did not possess an elver fishing license in the previous calendar year because the commissioner had suspended the person’s license privileges for a length of time that included the previous calendar year.; or
Sec. 5.  12 MRSA §6505-A, sub-§2, ¶F  is enacted to read:
 
F.  Becomes eligible to obtain an elver fishing license pursuant to the elver license lottery under subsection 2-B.
Sec. 6.  12 MRSA §6505-A, sub-§2-B  is enacted to read:
 
2-B.  Elver license lottery.     The commissioner shall establish a lottery system under which a person who did not hold an elver fishing license in the previous calendar year may become eligible to obtain that license. The number of persons issued licenses under this subsection may not cause the total number of elver fishing licenses issued under this section to exceed 600.
 
A.  The elver license lottery must be held on or before January 31st of each calendar year beginning in 2013.
 
B.  In order to be eligible for the elver license lottery, a person must submit a lottery application together with a $25 nonrefundable application fee no later than January 15th of the same calendar year as the lottery.
 
C.  A person may file no more than one elver license lottery application per lottery year.
 
The commissioner shall adopt rules no later than December 31, 2012 to implement the elver license lottery system. The rules must include provisions for the method and administration of the lottery. The lottery must be set up in a way that the total number of elver fishing licenses does not exceed 600. The lottery must be set up by zones corresponding with the lobster management zones pursuant to section 6446, and the commissioner shall determine the number of elver fishing licenses to be issued in each zone. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 7. 12 MRSA §6505-A, sub-§4, as amended by PL 2009, c. 213, Pt. G, §6, is further amended to read:
 
4. Fees.   Fees for elver fishing licenses are:
 
A. For a person who is a resident, $105$200; and
 
B. For a person who is a nonresident, $442$800.
 
Fifty dollars of each license fee collected under this subsection accrues to the Eel and Elver Management Fund established in section 6505-D. Ninety-five dollars of each license fee collected under this subsection must be deposited in the Elver Fishery Enforcement Fund established under subsection 9.
Sec. 8. 12 MRSA §6505-A, sub-§7, as enacted by PL 1999, c. 7, §5, is repealed.
Sec. 9. 12 MRSA §6505-A, sub-§8, as enacted by PL 2001, c. 421, Pt. B, §29 and affected by Pt. C, §1, is amended to read:
 
8. Violation.   A person who violates this section commits a civil violation for which a forfeiturefine of not less than $100 nor more than $500up to $5,000 may be adjudged.
Sec. 10.  12 MRSA §6505-A, sub-§9  is enacted to read:
 
9.  Elver Fishery Enforcement Fund.     The Elver Fishery Enforcement Fund is created as a nonlapsing fund within the department to be used only for supporting the Bureau of Marine Patrol activities related to the elver fishery. The Elver Fishery Enforcement Fund receives funds deposited pursuant to subsection 4.
Sec. 11. 12 MRSA §6505-B, sub-§4, as enacted by PL 1995, c. 536, Pt. A, §8, is amended to read:
 
4. Payment with license.   The fees required under subsections 1 and 3 must be paid upon application for an elver fishing license under section 6505-A except that fees required under subsections 1 and 3 for a license issued pursuant to the elver license lottery under section 6505-A, subsection 2-B must be paid upon issuance of that license.
Sec. 12. 12 MRSA §6505-B, sub-§6, as enacted by PL 2001, c. 421, Pt. B, §30 and affected by Pt. C, §1, is amended to read:
 
6. Violation.   A person who violates this section commits a civil violation for which a forfeiturefine of not less than $100 nor more than $500up to $5,000 may be adjudged.
Sec. 13. 12 MRSA §6575, sub-§1, as amended by PL 1999, c. 7, §7, is further amended to read:
 
1. Open season.   It is unlawful for a person to fish for or take elvers within the waters of the State except during the open season from noon on March 22ndApril 1st to noon on May 31stJune 20th.
Sec. 14. 12 MRSA §6575-A, as amended by PL 1999, c. 7, §8, is repealed.
Sec. 15. 12 MRSA §6575-D, sub-§2, as repealed and replaced by PL 2001, c. 421, Pt. B, §34 and affected by Pt. C, §1, is amended to read:
 
2. Violation.   A person who violates this section commits a civil violation for which a forfeiturefine of not less than $100 nor more than $500up to $5,000 may be adjudged.
 
SUMMARY
This bill lifts the moratorium on the issuance of new elver fishing licenses and increases the total number of licenses available to 600. New licenses are geographically distributed and issued by a lottery system overseen by the Commissioner of Marine Resources. The bill also increases the cost of licenses; increases the number of allowable elver fyke nets for residents to 3; increases the fines for elver gear molestation, failure to pay elver gear fees and fishing without a license to up to $5,000; changes the open season to April 1st to June 20th; and allows elver fishing 7 days per week during the open season.