Maine Legislature, Session 122, LD 2020
Committee Amendment CA_B_H848 (House)
Amends: 12 MRSA §6505-A, 12 MRSA §6575-B, 12 MRSA §6575-C

COMMITTEE AMENDMENT :i2 .. to H.P. 1421, L.D. 
Relating to Elver Fi~g" 
2020, Bill, "An 
Amend the bill in the emergency preamble by striking out all 
of the 2nd paragraph (page 1, lines 3 to 5 in L.D.) and inserting 
in its place the following: 
'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' 
Further amend the bill by striking out everything after the 
enacting clause and before the emergency clause and inserting in 
its place the following: 
'Sec. 1. 12 MRSA §6505-A, sub-§2, as amended by PL 1999, c. 
534, §l, 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 
Page l-LR3173(3) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~, to H.P. 1421, L.D. 2020 
D. 
Becomes eligible to obtain an elver fishing license 
pursuant to a lottery under subsection 2-A. 
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Sec. 2. 12 MRSA §6505-A, sub-§2-A, as enac ted by PL 1999, c . 
534, §2, is amended to read: 
2-A. 
Elver 
license 
lottery. 
The 
commissioner 
shall 
establish a lottery system under which an elver license issued in 
2006 that was not renewed in any subsequent year by the license 
holder may be issued to a 
person who did not hold an elver 
fishing license in the previous calendar year ffiay-aeeeffie-eli~~ale 
l:e---£>b.t-iH.-n---t;.l:ra.t,.--l4eease. 
The 
number 
of 
persons 
awarded 
eligibility in a lottery may not cause the total number of elver 
fishing licenses issued to exceed 86+ the number of licenses 
issued in 2006. 
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The commissioner shall adopt rules to implement a 
lottery system beginning with the 
6gg~ 2007 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 if a license issued in 2006 
or 
any 
subsequent year is not 
renewed 
by that license 
holder. 
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 MRS A §6575, sub-§I, as amended by PL 1999, c. 7, 
§7, is further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT :13" to H.P. 1421. L.D. 2020 
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 66ae 29th to noon on May-~ls~ June 7th. 
Sec. 4. 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. 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT . ..8" to H.P. 1421, L.D. 2020 
C. 
ge~iBBiB~-~~~-~he--b~~~-~I~--~i6HiB~-~&-~-iB 
6~Bse~~~B~-yea~sr-a 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. 5. 12 MRSA §6575-C, sub-§5, as enacted by PL 1999, c. 7, 
§13, is amended to read: 
5. 
Fyke net placement. 
A person may not place or set an 
elver fyke net or take elvers from an elver fyke net when any 
portion of the net, including any anchoring device, is located 
within 
aB--imag-~-.J.-i.fle---Be1::weeB 15 feet of the. wing ends of 
another elver fyke net. 
Cod end anchoring devices may not exceed 
feet 
in length and 
wing 
end 
anchoring devices 
may 
not 
interfere with or create a hazard to navigation within the middle 
1/3 of a navigable watercourse. 
A marine patrol officer may open 
the cod end of a 
net that is located in violation of this 
subsection. 
Sec.6. 12 MRS A §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.' 
SUMMARY 
This amendment is the minority report and provides that only 
those who held an elver fishing license in 2006 are eligible to 
obtain 
an 
elver 
fiShing 
license 
in 
subsequent 
years. 
It 
establishes a lottery system to issue elver fishing licenses that 
were not renewed in 2007 or subsequent years to other eligible 
persons. 
It also requires elver dealers to report the total 
harvest of elvers they received to the Department of Marine 
Resources within 30 
days of the close of the elver fishing 
season. 
This amendment changes the open season for elver fishing 
by moving it one week later in the calendar year and prohibits 
the setting of a fyke net wi thin 15 feet of another fyke net. 
This 
amendment 
also 
amends 
the emergency preamble 
to better 
reflect the provisions of the amendment. 
COMMITTEE AMENDMENT