Maine Revised Statutes

§6505-A. Elver fishing license

1. License required.  Except as provided in section 6302-A and section 6302-B, a person may not engage in the activities authorized under subsection 1-A unless the person is issued one of the following elver fishing licenses under this section:
The department may not issue a license under paragraph E, F, G or H until January 1, 2015.
A. A resident elver fishing license for one device; [2003, c. 452, Pt. F, §11 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
B. A resident elver fishing license for 2 devices; [2003, c. 452, Pt. F, §11 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]
C. A nonresident elver fishing license for one device; [2013, c. 468, §23 (AMD).]
D. A nonresident elver fishing license for 2 devices; [2013, c. 468, §23 (AMD).]
E. A resident elver fishing license with crew for one device; [2013, c. 468, §23 (NEW).]
F. A resident elver fishing license with crew for 2 devices; [2013, c. 468, §23 (NEW).]
G. A nonresident elver fishing license with crew for one device; or [2013, c. 468, §23 (NEW).]
H. A nonresident elver fishing license with crew for 2 devices. [2013, c. 468, §23 (NEW).]
[ 2013, c. 485, §5 (AMD) .]
1-A. Licensed activity.  The holder of an elver fishing license or elver fishing license with crew may fish for, take or possess elvers. The holder of an elver fishing license or elver fishing license with crew may transport and sell within state limits elvers that the license holder has taken. The holder of an elver fishing license with crew is liable for the licensed activities under this subsection of an unlicensed crew member assisting that license holder pursuant to subsection 1-B. Only the license holder to whom a tag is issued may empty an elver fyke net.
[ 2013, c. 468, §24 (NEW) .]
1-B. License limitations.  An elver fishing license with crew authorizes the license holder to engage in the licensed activities under subsection 1-A. The holder of an elver fishing license with crew may engage one unlicensed crew member to assist the license holder only in certain activities as authorized by rule, and the unlicensed crew member may assist only under the direct supervision of the license holder.
[ 2013, c. 468, §24 (NEW) .]
1-C. Elver transaction card issued.  The department may issue an elver transaction card to each license holder under this section and to each license holder under section 6302-A, subsection 3, paragraphs E, E-1, F and G in accordance with section 6302-B. The license holder shall use the elver transaction card to meet electronic reporting requirements established by rule pursuant to section 6173. The elver transaction card must include the license holder's name and license number.
[ 2013, c. 485, §6 (AMD) .]
1-D. Use of elver transaction card required.  The holder of an elver fishing license issued under this section or section 6302-A, subsection 3, paragraph E, E-1, F or G may not sell or transfer elvers the license holder has taken to an elver dealer licensed under section 6864 unless the holder of the elver fishing license presents to the elver dealer the elver transaction card issued to that person under subsection 1-C.
[ 2013, c. 468, §24 (NEW) .]
1-E. Elver transaction card limited.  A person may not possess an elver transaction card unless that person holds a license issued under this section or section 6302-A, subsection 3, paragraph E, E-1, F or G and the elver transaction card was issued to that person pursuant to subsection 1-C.
[ 2013, c. 468, §24 (NEW) .]
2. Eligibility.  An elver fishing license may be issued only to an individual who:
A. [1999, c. 534, §1 (RP).]
B. [1999, c. 534, §1 (RP).]
C. Possessed an elver fishing license in the previous calendar year; [2011, c. 549, §3 (AMD).]
D. [2005, c. 533, §1 (RP).]
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 [2011, c. 549, §3 (AMD).]
F. Becomes eligible to obtain an elver fishing license pursuant to the elver lotteries under subsection 2-B. [2011, c. 549, §3 (NEW).]
[ 2011, c. 549, §3 (AMD) .]
2-A. Elver license lottery. 
[ 2005, c. 533, §2 (RP) .]
2-B. Elver lotteries.  The commissioner shall establish a dual lottery system under which the number of pieces of gear authorized does not exceed the number of pieces of gear authorized as of December 31, 2011, except that beginning in 2013 that number must be increased to include an additional 25 dip nets.
A. The commissioner shall establish an elver gear lottery under which gear authorizations for use under a license issued under subsection 1 that is not renewed become available to other license holders in the elver gear lottery.
(1) The elver gear lottery must be held on or before February 15th of each calendar year beginning in 2013.
(2) In order to be eligible for the elver gear lottery, a person must hold an elver fishing license pursuant to subsection 1 and must have authorization to use only a dip net.
(3) In order to be eligible for the elver gear lottery, a person must submit to the Commissioner of Marine Resources a lottery application together with a $25 nonrefundable application fee no later than January 15th for the lottery to be held by the following February 15th.
(4) A person may submit no more than one elver gear lottery application per lottery year.
(5) A person selected in the elver gear lottery must relinquish a dip net authorization that person holds in exchange for authorization to use an elver fyke net. [2011, c. 549, §4 (NEW).]
B. The commissioner shall establish an elver fishing license lottery 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 paragraph may not exceed the number of individual gear authorizations remaining after the elver gear lottery.
(1) The elver fishing license lottery must take place after the elver gear lottery.
(2) The elver fishing license lottery must be held on or before February 15th of each calendar year beginning in 2013.
(3) In order to be eligible for the elver fishing 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.
(4) A person may submit no more than one elver fishing license lottery application per lottery year. [2011, c. 549, §4 (NEW).]
The commissioner shall adopt rules no later than December 31, 2012 to implement the elver gear lottery and the elver fishing license lottery. The rules must include provisions for the method and administration of the lotteries. The elver gear lottery must be set up so that gear authorizations associated with a license that is not renewed go into the elver gear lottery. If a person who held a license that is not renewed has 2 authorized pieces of gear, the gear authorizations must be divided and made available to 2 lottery entrants. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Application fees collected under this subsection must be deposited in the Eel and Elver Management Fund established in section 6505-D.
Notwithstanding any other provision of this section, the commissioner may not hold a lottery under this subsection.
[ 2013, c. 301, §9 (AMD) .]
3. Limits on issuance. 
[ 2013, c. 8, §3 (RP) .]
3-A. Elver fishing quotas.  The commissioner may adopt rules to establish, implement and administer an elver individual fishing quota system in order to ensure that the elver fishery annual landings do not exceed the overall annual quota established by the Atlantic States Marine Fisheries Commission. A person issued a license under this section or section 6302-A, subsection 3, paragraph E, E-1, F or G may not take, possess or sell elvers in excess of the weight quota allocated to that person under the quota system. The rules must:
A. Establish an overall annual quota for the State; [2013, c. 485, §7 (NEW).]
B. Establish the amount of the overall annual quota under paragraph A that is allocated to persons licensed under this section and specify a formula to establish individual quotas for persons licensed under this section. The formula may take into account the amount of elvers a person licensed under this section lawfully harvested in previous seasons based on final harvesting reports. The rules must specify the date by which harvester reports are considered final for the purpose of determining individual quotas; and [2013, c. 485, §7 (NEW).]
C. Provide, in accordance with section 6302-B, that 21.9% of the overall annual quota under paragraph A is allocated to the federally recognized Indian tribes in the State and establish the amount of that portion of the overall annual quota allocated to the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians and the Aroostook Band of Micmacs. [2013, c. 485, §7 (NEW).]
If persons issued licenses under this section collectively exceed the overall annual quota allocated to those persons pursuant to paragraph B, the number of pounds by which the license holders exceeded that overall annual quota must be deducted from the following year’s overall annual quota allocated to persons licensed under this section. If the overage exceeds the overall annual quota allocated to persons licensed under this section for the following year, the overage must be deducted from the overall annual quota allocated to persons licensed under this section in subsequent years until the entire overage has been accounted for.
The commissioner may adopt or amend rules on an emergency basis if immediate action is necessary to establish and implement the elver individual fishing quota in advance of the beginning of the elver fishing season.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[ 2013, c. 485, §7 (NEW) .]
4. Fees.  Fees for elver fishing licenses are:
A. For a person who is a resident, $105; [2013, c. 468, §25 (AMD).]
B. For a person who is a nonresident, $442; [2013, c. 468, §25 (AMD).]
C. For a person who is a resident with crew, $305; and [2013, c. 468, §25 (NEW).]
D. For a person who is a nonresident with crew, $1,326. [2013, c. 468, §25 (NEW).]
Fifty dollars of each license fee collected under paragraphs A and B and $200 of each license fee collected under paragraphs C and D accrue to the Eel and Elver Management Fund established in section 6505-D.
[ 2013, c. 468, §25 (AMD) .]
5. Gear.  Except as prohibited by section 6575-B, subsection 2-B, a person issued a license under this section may utilize one elver fyke net, one Sheldon eel trap or one dip net to fish for or take elvers without paying the fee required for a first net or trap pursuant to section 6505-B. A license issued under this section must identify the number and types of nets that the license holder may use pursuant to this section and section 6505-B.
[ 1999, c. 534, §3 (AMD) .]
5-A. Possession of elvers.   The holder of an elver fishing license may possess elvers only during the open season established in section 6575 and for up to 6 hours beyond the end of the open season.
[ 2013, c. 301, §10 (NEW) .]
6. Minimum age.  A person who is under 15 years of age may not fish for or take elvers.
[ 2001, c. 421, Pt. B, §28 (AMD); 2001, c. 421, Pt. C, §1 (AFF) .]
7. Nonresident licenses; reciprocity with other states.  A nonresident is eligible to purchase an elver fishing license only if the nonresident documents to the commissioner that the nonresident's state of residence allows Maine residents to purchase an elver license and fish for elvers in that state.
[ 1999, c. 7, §5 (NEW) .]
8. Violation.  
[ 2013, c. 49, §8 (RP) .]
8-A. Violation.  A person who violates this section commits a Class D crime for which a fine of $2,000 must be imposed, none of which may be suspended. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[ 2013, c. 49, §9 (NEW) .]
SECTION HISTORY
1995, c. 536, §A8 (NEW). 1997, c. 297, §§1,2 (AMD). 1999, c. 7, §§2-5 (AMD). 1999, c. 534, §§1-3 (AMD). 2001, c. 421, §§B27-29 (AMD). 2001, c. 421, §C1 (AFF). 2003, c. 20, §WW7 (AMD). 2003, c. 452, §F11 (AMD). 2003, c. 452, §X2 (AFF). 2005, c. 533, §§1,2 (AMD). 2007, c. 615, §15 (AMD). 2009, c. 213, Pt. G, §6 (AMD). 2011, c. 549, §§3-5 (AMD). 2013, c. 8, §§2, 3 (AMD). 2013, c. 49, §§8, 9 (AMD). 2013, c. 301, §§9, 10 (AMD). 2013, c. 468, §§23-25 (AMD). 2013, c. 485, §§5-7 (AMD).

Data for this page extracted on 10/06/2014 08:45:33.