S.P. 736 - L.D. 2014
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, immediate conservation efforts are necessary to preserve the health of the elver fishery; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6001, sub-§13-G, as amended by PL 1997, c. 91, §1, is further amended to read:
13-G. Elver fyke net. "Elver fyke net" means a fyke net that is 30 feet or less in length from cod end to either wing tip, is fitted with netting that measures 1/8 inch 1/8-inch bar mesh or less and that, contains a 1/2-inch or less bar mesh excluder panel that covers the entrance of the net, and consists of not more than one funnel end, one cod end and 2 wings.
Sec. 2. 12 MRSA §6505-B, sub-§2, as enacted by PL 1995, c. 536, Pt. A, §8, is amended to read:
2. Tags for elver fyke net and Sheldon eel trap. It is unlawful for a person to submerge an elver fyke net or Sheldon eel trap in the coastal waters of the State to fish for or take elvers unless a tag issued by the department is affixed to the shoreside wing of the net or trap and is clearly visible. The department may issue a replacement tag when an owner issued a tag documents that a net or trap has been damaged or lost.
Sec. 3. 12 MRSA §6575-A, as enacted by PL 1995, c. 536, Pt. A, §9 and affected by §13, is amended to read:
§6575-A. Closed period; elver harvesting
It is unlawful for a person to fish for or take elvers from noon Saturday Friday to noon Sunday. A person may leave an elver fyke net or a Sheldon eel trap in the coastal waters of the State during the closed period if the net or trap is left in a condition that prevents the capture of elvers.
Sec. 4. 12 MRSA §6575-B, sub-§5, as enacted by PL 1995, c. 536, Pt. A, §9, is amended to read:
5. Use of dip nets. It is unlawful for a person to use a dip net to fish for or take elvers while standing in the water of a river, stream or brook within the coastal waters of the State.
Sec. 5. 12 MRSA §6575-C, sub-§3, as amended by PL 1997, c. 91, §6, is further amended to read:
3. Portion of rivers, streams and brooks. It is unlawful for a person to fish for or take elvers at
any time within the middle 1/3 of a river, stream, brook or other watercourse, as measured at mean low high tide, within the coastal waters of the State. It is unlawful for a person to obstruct the middle 1/3 of any river, stream, brook or other watercourse within the coastal waters of the State, as measured at mean low tide.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective February 27, 1998.
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