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An Act To Improve Enforcement Mechanisms to the Elver Industry and To Make Technical Changes to Maine's Marine Resources Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6074, sub-§1, as amended by PL 1999, c. 156, §§2 and 3, is further amended to read:
 
1. Exception.   A special license shalldoes not permit the holder to sell or, beyond the state limits, to ship or transport any marine organism that is less than the minimum size established by statute. This subsection shalldoes not apply to:
 
B.  Any species grown in a hatchery for stock enhancement or resale for purposes of cultivation or stock enhancement.; or
 
C.  Scallop spat collected under the authority of a special license and sold for the purpose of placement on a lease site authorized pursuant to section 6072 or 6072-A or under the authority of a license issued pursuant to section 6072-C. For purposes of this paragraph, "scallop spat" means scallops less than 40 millimeters in the longest diameter.
Sec. 2. 12 MRSA §6078-A, sub-§1, as amended by PL 2009, c. 240, §15, is further amended to read:
 
1. Fund established.   The Aquaculture Monitoring, Research and Development Fund, referred to in this section as "the fund," is established. In addition to the fees derived pursuant to rules adopted under subsection 6, the commissioner may receive on behalf of the fund funds from any source. All income received by the commissioner under this section must be deposited with the Treasurer of State, tracked according to its source and credited to the fund. Any balance remaining in the fund at the end of a fiscal year does not lapse but must be carried forward to the next fiscal year. Any interest earned on assets of the fund is credited to the fund. All records related to harvests submitted by aquaculture lease holders are considered proprietary information for the purposes of section 6077, subsection 4.
Sec. 3. 12 MRSA §6140-B, sub-§4, ¶C, as enacted by PL 2007, c. 240, Pt. QQ, §9, is amended to read:
 
C. Atlantic salmon raised by means of aquaculture, except that Atlantic salmon raised in a hatchery for the purpose of restoration are not exempt.
Sec. 4.  12 MRSA §6505-A, sub-§5-A  is enacted to read:
 
5-A.  Possession of elvers.     The holder of an elver fishing license may possess elvers only during the open season pursuant to section 6575 and for up to 6 hours beyond the end of the open season.
Sec. 5. 12 MRSA §6505-A, sub-§8, as repealed and replaced by PL 2011, c. 549, §5, is amended to read:
 
8. Violation.   The following penalties apply to violations of this section.
 
A. A person who violates this section commits a civil violation for which a fine of $2,000 maymust be adjudged.
 
B. A person who violates this section after having previously violated this section commits a Class D crime for which a fine of $2,000 must be adjudged.
 
A court may not suspend any portion of a fine imposed under this subsection.
Sec. 6. 12 MRSA §6505-B, sub-§6, as amended by PL 2011, c. 549, §6, is further amended to read:
 
6. Violation.   A person who violates this section commits a civil violation for which a fine of $2,000 maymust be adjudged. A court may not suspend any portion of a fine imposed under this subsection.
Sec. 7. 12 MRSA §6575-A, as amended by PL 2011, c. 549, §7, is repealed and the following enacted in its place:
§ 6575-A. Closed period; elver harvesting
 
1.  Prohibition.     It is unlawful for a person to fish for or take elvers from noon Tuesday to noon Wednesday and from noon Saturday to noon Sunday. A person may leave an elver fyke net or a Sheldon eel trap in the waters of the State during the closed period if the net or trap is left in a condition that prevents the capture of elvers. The terminal portion of a fyke net cod end must contain a rigid device with an opening not less than 3 inches in diameter and not exceeding 6 inches in length that is unobstructed by any other portion of the net.
 
2.  Violation.     A person who violates this section commits a civil violation for which a fine of $2,000 must be adjudged. A court may not suspend any portion of a fine imposed under this subsection.
Sec. 8. 12 MRSA §6575-C, sub-§1, as amended by PL 2003, c. 452, Pt. F, §13 and affected by Pt. X, §2, is repealed.
Sec. 9.  12 MRSA §6575-C, sub-§8  is enacted to read:
 
8.  Violation.     A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 must be adjudged.
Sec. 10. 12 MRSA §6575-D, sub-§2, as amended by PL 2011, c. 549, §8, is further amended to read:
 
2. Violation.   A person who violates this section commits a civil violation for which a fine of $2,000 maymust be adjudged. A court may not suspend any portion of a fine imposed under this subsection.
Sec. 11. 12 MRSA §6575-E, as amended by PL 2001, c. 272, §13, is further amended to read:
§ 6575-E.Method of eel fishing
Except as provided in section 6505-C, subsection 2, it is unlawful for a person licensed under section 6505-C to fish for or take eels by any method other than eel pot or hoop net.
Sec. 12.  12 MRSA §§6575-G to 6575-I  are enacted to read:
§ 6575-G. Dams with fishways; elver fishing
 
1.  Dams with fishways.     A person may not fish for or take elvers within 150 feet of any part of a dam with a fishway or within 150 feet of a fishway.
 
2.  Violation.     A person who violates this section commits a civil violation for which a fine of $2,000 must be adjudged. A court may not suspend any portion of a fine imposed under this subsection.
§ 6575-H. Assisting in illegal harvest of elvers
 
1.  Prohibition.     A person may not assist another person to harvest elvers in violation of any law or rule pertaining to elvers. For the purposes of this section, "assist" includes, but is not limited to, to drop off, to act as a lookout or to warn an elver harvester of impending law enforcement action.
 
2.  Violation.     A person who violates this section commits a civil violation for which a fine of $2,000 must be adjudged. A court may not suspend any portion of a fine imposed under this subsection.
§ 6575-I. Seizure of illegally harvested elvers
In addition to any other penalty imposed, elvers bought or possessed that were taken in violation of any law or rule pertaining to elvers are subject to seizure. The entire bulk pile containing illegally harvested elvers may be seized.
Sec. 13. 12 MRSA §6671, sub-§8, ¶B, as amended by PL 2001, c. 188, §8, is further amended to read:
 
B. Any municipal shellfish conservation warden appointed by a municipality to enforce the provisions of this article must be certified by the commissioner within one year of the warden's appointment. The commissioner shall establish a program to provide shellfish conservation training in principles of shellfish conservation, management, enforcement and protection and shall establish standards for certification of municipal conservation wardens upon their satisfactory completion of the training program. The program must include training in sampling techniques for the detection of pollutants and contaminants in shellfish areas. The commissioner may establish by rule procedures for certification, recertification and revocation of certification. The commissioner may revoke a certificate for failure of the warden to comply with performance standards.
Sec. 14. 12 MRSA §6752, as enacted by PL 1977, c. 661, §5, is amended to read:
§ 6752.Exception for personal use
Any person may take or possess not more than 12525 marine worms in any one day for personal use without a marine worm digger's license or a marine worm dealer's license.
Sec. 15. 12 MRSA §6804, sub-§5, as amended by PL 2003, c. 248, §10, is further amended to read:
 
5. Exemption.   Notwithstanding subsection 1, a license is not required to fish for, take, possess or transport up to one standard fish tote of northern shrimp only for personal use. This exemption does not apply to an individual whose ability to obtain a commercial northern shrimp license has been suspended by the commissioner.
Sec. 16. 12 MRSA §6864, first ¶, as amended by PL 2011, c. 549, §9, is further amended to read:
A holder of an elver dealer's license when buying directly from a harvester may buy only from a harvester who possesses an elver fishing license under section 6505-A. The harvester shall make the elver fishing license and a government-issued identification card with a photograph and the date of birth of the harvester available for inspection upon the elver dealer's license holder’s request.
 
SUMMARY
This bill makes technical changes in laws regarding marine resources to improve enforcement mechanisms for the elver industry. Among the changes are authorizing the seizure of a bulk pile that contains illegally harvested elvers and prohibiting the possession of elvers outside of the open season. The bill also changes the law to restrict courts from suspending all or a portion of fines for elver violations. It reduces the daily number of marine worms harvestable for personal use, and it restricts the allowable landings of northern shrimp for personal use to one tote.
The bill also specifies size limits on scallop spat collected and sold for placement on a lease site, it expands the sources of funds available to an aquaculture fund and it clarifies that Atlantic salmon raised for restoration purposes are not exempt from certain fishing prohibitions.