An Act Relating to Elver Fishing
Maine Legislature, Session 122, LD 2020
Committee: Marine Resources
Amends: 12 MRSA §6505-A, 12 MRSA §6575

Legislative Document 
No. 2020 
H.P.1421 
House of Representatives, February 22,2006 
An Act Relating to Elver Fishing 
(EMERGENCY) 
Reported by Representative PERCY of Phippsburg for the Joint Standing Committee on 
Marine Resources pursuant to Joint Order 2005, H.P. 1414. 
Reference to the Committee on Marine Resources suggested and ordered printed under 
Joint Rule 218. 
Printed nn recycled paper 
'"I7l~ /J7. 7J?dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is necessary that this legislation be enacted as an emergency measure 
prior to March 22, 2006 so that the changes to the elver fishing laws take effect before the 
open season begins; 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, § I, 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 ~ 
elver fishing licenses eaefl for the 2006 
elver fishing season. The number of licenses that may be issued in subsequent years is 
subject to the rulemaking authorized under subsection 2-A. 
Sec. 2. 12 MRS A §6505-A, sub-§2-A, as enacted by PL 1999, c. 534, §2, is 
amended to read: 
2-A. 
Elver license lottery. The commissioner shall establish a lottery system 
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 awarded 
eligibility in a the lottery for the 2006 elver fishing season may not cause the total number 
of elver fishing licenses issued to exceed ~ 
286. The commissioner shall adopt rules 
establishing the total number of elver fishing licenses for subsequent years. 
Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
A. 
A person is eligible to enter the lottery for a 2000 elver fishing license if that 
person held an elver fishing license issued under this section for at least 2 of the 3 
years of 1996, 1997 and 1998. An eligible person wishing to enter the lottery for 
2000 shall submit a lottery application no later than March 10, 2000 on forms 
provided by the commissioner. The commissioner shall hold the lottery by March 15, 
2000 and the lottery must be a public drawing by random selection from all eligible 
applicants. The number of persons awarded 2000 elver fishing licenses in the lottery 
may not exceed 86. 
B. 
Beginning with the 2001 elver fishing season and in subsequent years, any 
person is eligible to enter the lottery, except that a person who is issued a license 
pursuant to subsection 2, paragraph C may not enter the lottery. The commissioner 
shall adopt rules to implement a lottery system beginning with the 2001 elver fishing 
season 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 rules for a lottery 
system must include provisions for the method and administration of a lottery. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter II--A 2-A. 
Sec. 3. 12 MRSA §6575, sub-§I, as amended by PL 1999, c. 7, §7, is further 
amended to read: 
1. 
Open season. It is unlawful for a person to fish for or take elvers within the 
waters of the State except during the open season from noon on March 22nd April 5th to 
noon on May 31 st June 14th. 
Emergency clause. In view of the emergency cited in the preamble, this Act takes 
effect when approved. 
SUMMARY 
This bill reduces the number of elver fishing licenses that the Department of Marine 
Resources may issue for the 2006 season and requires the Commissioner of Marine 
Resources to establish by rule the total number of elver fishing licenses for subsequent 
years. The bill also changes the open season for elver fishing by moving it 2 weeks later 
in the calendar year.