CHAPTER 533
H.P. 1421 - L.D. 2020
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the management of the American eel population in Maine is dependent on elver dealers reporting harvest data to the Department of Marine Resources in a timely manner; and
Whereas, this legislation must be enacted prior to the end of the elver fishing season on May 31st to ensure the Department of Marine Resources receives harvest data in time to use that information for developing a long-term conservation plan for the American eel; 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 §6505-A, sub-§2, as amended by PL 1999, c. 534, §1, is further amended to read:
2. Eligibility. An elver fishing license may be issued only to an individual who:
C. Possessed an elver fishing license in the previous calendar year; or.
D. Becomes eligible to obtain an elver fishing license pursuant to a lottery under subsection 2-A.
The department may not issue more than 827 elver fishing licenses each elver fishing season.
Sec. 2. 12 MRSA §6505-A, sub-§2-A, as enacted by PL 1999, c. 534, §2, is repealed.
Sec. 3. 12 MRSA §6575-B, sub-§2-B, as enacted by PL 1999, c. 534, §5, is amended to read:
2-B. Type and amount of gear. It is unlawful for a person to immerse elver fishing gear other than the types and amounts authorized pursuant to this subsection.
In determining the number of traps or nets that may be immersed, the following limits apply.
A. A person who is issued an elver fishing license pursuant to section 6505-A, subsection 2, paragraph C may not immerse elver fishing gear other than the types and amounts of gear the person was authorized to immerse during the previous elver fishing season, except that a person may surrender the authority to use an elver fyke net in order to use an elver dip net.
B. In the 2000 elver fishing season, a person who is issued an elver fishing license pursuant to section 6505-A, subsection 2, paragraph D may not immerse at any one time a total of more than 2 elver dip nets, elver fyke nets and Sheldon eel traps. In determining the number of traps or nets that may be immersed, the following formula must be used, except that if the number arrived at using the formula is greater than 2 nets or traps, the maximum number of traps and nets that may be immersed is 2. A person may not immerse:
(1) A number of elver dip nets that is greater than the average number, rounded down, of elver dip nets that person was authorized to use during any of the elver fishing seasons in 1996, 1997 and 1998 for which that person held a license;
(2) A number of elver fyke nets that is greater than the average number, rounded down, of elver fyke nets that person was authorized to use during any of the elver fishing seasons in 1996, 1997 and 1998 for which that person held a license; and
(3) A number of Sheldon eel traps that is greater than the average number, rounded down, of traps that person was authorized to use during any of the elver fishing seasons in 1996, 1997 and 1998 for which that person held a license.
C. Beginning with the 2001 elver fishing season and in subsequent years, a person who is issued an elver fishing license pursuant to section 6505-A, subsection 2, paragraph D may not immerse more than one elver dip, elver fyke net or Sheldon eel trap.
Sec. 4. 12 MRSA §6864, sub-§8 is enacted to read:
8. Reporting. A dealer licensed under this section shall report the total annual harvest of elvers received by that dealer to the department within 30 days after the end of the elver fishing season. The commissioner shall prescribe how that data and any other information necessary for a meaningful analysis of the elver harvest are reported to the department.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 4, 2006.
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