An Act To Clarify the Law Concerning Maine's Elver Fishing License
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the elver fishing season begins March 22, 2014 and changes made to elver fishing licensing laws by this legislation must be made prior to the beginning of this season; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 12 MRSA §6302-A, sub-§5, as amended by PL 2013, c. 8, §1, is repealed and the following enacted in its place:
Sec. 2. 12 MRSA §6505-A, sub-§1, as amended by PL 2003, c. 452, Pt. F, §11 and affected by Pt. X, §2, is further amended to read:
Sec. 3. 12 MRSA §6505-A, sub-§1-A is enacted to read:
Sec. 4. 12 MRSA §6575-D, as amended by PL 2013, c. 49, §14, is further amended to read:
§ 6575-D. Molesting elver fishing gear
Sec. 5. 12 MRSA §6575-I, sub-§2, as enacted by PL 2013, c. 301, §13, is amended to read:
Sec. 6. 12 MRSA §6864, sub-§3, as amended by PL 2011, c. 549, §9, is further amended to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
This bill provides that a license to take marine organisms issued to a member of the Passamaquoddy Tribe, Penobscot Nation, Aroostook Band of Micmacs or Houlton Band of Maliseet Indians by the tribe, nation or band is not valid until it has been submitted to the Department of Marine Resources and the license holder has received written confirmation that the license is valid. It creates a separate provision of law that describes the activities in which a person who holds an elver fishing license may engage. It clarifies that individuals who hold elver fishing licenses that authorize them to fish with elver fyke nets may assist each other in handling the nets, as long as the license holder to whom the elver fyke net tag has been issued is present and assisting. This bill criminalizes the violation of assisting in the illegal harvest of elvers. It removes the provision governing supplemental licenses for vehicles for elver dealers beginning with the 2015 elver fishing season.