SP0525, LD 1410, item 1, An Act To Strengthen Maine's Fisheries Laws

An Act To Strengthen Maine's Fisheries Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §10001, sub-§6, ¶¶E and M, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, are repealed.

Sec. 2. 12 MRSA §10001, sub-§6, ¶T, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

T. White sucker, (Catostomus commersoni); and

Sec. 3. 12 MRSA §10001, sub-§6, ¶U, as amended by PL 2007, c. 159, §1, is repealed.

Sec. 4. 12 MRSA §10001, sub-§§16 and 18, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, are amended to read:

16. Eel. "Eel" means a member of the species Anguilla rostrata in that stage of its life cycle when it is 6 9 inches or more in length.

18. Elver. "Elver" means a member of the species Anguilla rostrata in that stage of its life cycle when it is less than 6 9 inches in length.

Sec. 5. 12 MRSA §10001, sub-§36-A is enacted to read:

36-A. Lamprey eel. "Lamprey eel" means the species Petromyzon marinus (sea lamprey).

Sec. 6. 12 MRSA §10001, sub-§59-A is enacted to read:

59-A. Sucker. "Sucker" means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker).

Sec. 7. 12 MRSA §10902, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

1. Conviction or adjudication of violation or noncompliance with a permit restriction. Any Noncompliance with a permit restriction or any conviction or adjudication for a violation of this Part is grounds for suspension of any license or permit issued under this Part. Except where provided by law, the commissioner shall determine the suspension period. To suspend a license or permit based upon a conviction or adjudication, the commissioner shall follow the procedures under section 10903. A suspension or revocation of a license by the District Court is subject to the provisions of subsection 5.

Sec. 8. 12 MRSA §12258, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7 and c. 614, §9 and amended by c. 655, Pt. B, §§219 and 220 and affected by §422, is repealed.

Sec. 9. 12 MRSA §12506, sub-§8 is enacted to read:

8. Reports required. A person issued a permit under this section shall submit a completed report on forms provided by the department with the following information: water name and location, including the town and county of waters fished; date fished; total catch; gear type and quantity; number of crew; amount of time the gear is set; total gear in the water; water depth; total time the boat is on the water; species and pounds harvested; license number of the dealer the catch was sold to or the disposition of the catch; town where the catch was brought to shore; boat registration number; vessel name; and the harvester's name, telephone number and permit number. The report must be submitted by the date specified on the permit. All data submitted as part of the report are for scientific purposes only and are confidential and not part of a public record within the meaning of Title 1, chapter 13, subchapter 1, except that the commissioner may disclose data collected under this subsection if that data are released in a form that is statistical or general in nature.

If a person issued a permit under this section fails to provide information required under this section, the commissioner may refuse to renew or may revoke that person's permit. If a person becomes ineligible for a permit as a result of a violation of this section, that person may request a hearing in accordance with section 10905.

summary

This bill amends and adds definitions in the inland fisheries and wildlife laws. It establishes a reporting requirement for persons licensed to fish for eels, suckers, lampreys or yellow perch. The reported information will be used for scientific purposes and is confidential. It provides for suspension or revocation of a permit for noncompliance with a permit restriction. The bill repeals a provision of law allowing eel permits to be issued to trappers.

SP0525 LD 1410	Session - 127th Maine Legislature		LR 579 Item 1
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