An Act To Sustain the Elver Fishery
Maine Legislature, Session 125, LD 1765
Committee Amendment CA_A_H816 (House)
Amends: 12 MRSA §6404-A, 12 MRSA §6505-A, 12 MRSA §6505-B, 12 MRSA §6575-A, 12 MRSA §6575-D, 12 MRSA §6864

COMMITTEE AMENDMENT" A " 
to H.P. 1298, L.D. 1765, Bill, "An Act To 
Sustain the Elver Fishery" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective unti190 days after adjournment unless enacted as emergencies; and 
Whereas, the elver fishing season begins March 22,2012; and 
Whereas, there are widespread violations in the elver fishery due to the dramatic 
increase in the price per pound of elvers and harsher penalties need to be in effect to 
combat the violations; and 
Whereas, a change in the closed periods will help elver fishing license holders 
protect their gear from molestation; and 
Whereas, a requirement for elver dealer's license holders to return their product to a 
permanent establishment will strengthen the position of licensed elver dealers of this 
State in an international market and help the economy of this State; 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 §6404-A, as amended by PL 2001, c. 421, Pt. B, §18 and 
affected by Pt. C, § 1, is further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1298, L.D. 1765 
§6404-A. Suspension or revocation based on adjudication of molesting elver gear 
The commissioner shall suspend or revoke the elver fishing license of any license 
holder adjudicated in court of violating section 6575-D. This S'l'lspension must be for one 
year from the date of adjudieation. 
1. First offense. For a first offense, the commissioner shall suspend the license 
holder's license for 3 years. 
2. Second offense. For a 2nd offense, the commissioner shall permanently revoke 
the license holder's license. 
Sec. 2. 12 MRSA §§6404-H to 6404-K are enacted to read: 
§6404-H. Suspension or revocation based on adjudication or conviction of an elver 
fishing license offense 
The commissioner shall suspend or revoke a person's eligibility for the elver lotteries 
under section 6505-A, subsection 2-B if the person is adjudicated in court or convicted of 
an offense in violation of section 6505-A, subsection 1. 
1. First offense. For a first offense, the commissioner shall suspend the person's 
eligibility for the elver lotteries under section 6505-A, subsection 2-B for one year. 
2. Second offense. For a 2nd offense, the coinmissioner shall permanently revoke 
the person's eligibility for the elver lotteries under section 6505-A, subsection 2-B. 
§6404-I. Suspension or revocation based on adjudication of untagged elver gear 
The commissioner shall suspend or revoke the elver fishing license of any license 
holder adjudicated in court of violating section 6505-B. 
1. First offense. For a first offense, the commissioner shall suspend the license 
holder's license for one year. 
2. Second offense. For a 2nd offense, the commissioner shall permanently revoke 
the license holder's license. 
§6404-J. Suspension or revocation based on adjudication of fishing during closed 
season or a closed period 
The commissioner shall suspend or revoke the elver fishing license of any license 
holder adjudicated in court of violating section 6575 or 6575-A. 
1. First offense. For a first offense, the commissioner shall suspend the license 
holder's license for one year. 
2. Second offense. For a 2nd offense, the commissioner shall permanently revoke 
the license holder's license. 
§6404-K. Suspension or revocation based on adjudication of a violation of an elver 
dealer's license 
The commissioner shall suspend or revoke the elver dealer's license of any elver 
dealer's license holder adjudicated in court of violating section 6864. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ''A'' to H.P. 1298, L.D. 1765 
1. First offense. For a first offense, the commissioner shall suspend the license 
holder's license for one year. 
2. Second offense. For a 2nd offense, the commissioner shall permanently revoke 
the license holder's license. 
Sec. 3. 12 MRSA §6505-A, sub-§2, as amended by PL 2007, c. 615, §15, 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; er 
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~~ 
F. Becomes eligible to obtain an elver fishing license pursuant to the elver lotteries 
under subsection 2-B. 
Sec. 4. 12 MRSA §6505-A, sub-§2-B is enacted to read: 
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. 
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. 
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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1298, L.D. 1765 
(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. 
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. 
Sec. 5. 12 MRSA §6505-A, sub-§8, as enacted by PL 2001, c. 421, Pt. B, §29 
and affected by Pt. C, § 1, is repealed and the following enacted in its place: 
8. Violation. The following penalties apply to violations of this section. 
A. A person who violates this section commits a civil violation for which a fine of 
$2,000 may be adjudged. 
B. A person who violates this section after having previously violated this section 
commits a Class D crime. 
Sec. 6. 12 MRSA §6505-B, sub-§6, as enacted by PL 2001, c. 421, Pt. B, §30 
and affected by Pt. C, § 1, is amended to read: 
6. Violation. A person who violates this section commits a civil violation for which 
a forfeittMe fine of not less than $100 nor more than $500 $2,000 may be adjudged. 
Sec.7. 12 MRSA §6575-A, as amended by PL 1999, c. 7, §8, is further amended 
to read: 
§6575-A. Closed period; elver harvesting 
It is unlawful for a person to fish for or take elvers from noon ffiday Tuesday to noon 
Wednesday, and from noon Saturday to noon Sunday. A person may leave an elver fyke 
net or a Sheldon eel trap in the waters of the State during the closed period if the net or 
trap is left in a condition that prevents the capture of elvers. The terminal portion of a 
fyke net cod end must contain a rigid device with an opening not less than 3 inches in 
diameter and not exceeding 6 inches in length that is unobstructed by any other portion of 
the net. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A " 
to H.P. 1298, L.D. 1765 
Sec. 8. 12 MRSA §6575-D, sub-§2, as repealed and replaced by PL 2001, c. 421, 
Pt. B, §34 and affected by Pt. C, § 1, is amended to read: 
2. Violation. A person who violates this section commits a civil violation for which 
a forfeiture fine of not less than $100 nor more than $500 $2,000 may be adjudged. 
Sec. 9. 12 MRSA §6864, as amended by PL 2009, c. 478, §5, is further amended 
to read: 
§6864. Elver dealer's license 
1. License required. A person may not buy, possess, ship, transport or sell elvers 
without an elver dealer's license. It is unlawful for a person to possess elvers prior to the 
beginning of the elver season and to possess elvers 5 days beyond the end of the elver 
season pursuant to section 6515. 
2. License limited. An elver dealer's license authorizes the licensed activities at 
only one establishment or "lith only one vehicle permanent facility. 
3. Supplemental license. A supplemental license must be obtained for each vehicle 
or additional establishment or vehicle permanent facility. 
4. 
Fee. 
The fee for an elver dealer's license is $1,213 and the fee for each 
supplemental license is $63. 
5. Disposition of fees. All fees collected under this section accrue to the Eel and 
Elver Management Fund established in section 6505-D, except that $376 accrues to the 
General Fund for each elver dealer's license sold under this section and $52 accrues to the 
General Fund for each supplemental license sold under this section. 
7. Violation. A person who violates this section commits a civil violation for which 
a forfeiture fine of not less than $100 nor more than $500 $2,000 may be adjudged. 
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. 
9. Authorized representatives. A person who holds an elver dealer's license may 
identify authorized representatives to act on the license holder's behalf to purchase elvers 
at locations other than the permanent facility. The elver dealer's license holder must 
identify authorized representatives on forms provided by the department. 
10. 
Purchase of elvers. A person who holds an elver dealer's license, or the 
authorized representative of that person under subsection 9, may purchase elvers from 
licensed harvesters at locations other than the permanent facility identified on the license 
holder's license. The license holder or the license holder's authorized representative shall 
keep a record that identifies each harvester from which elvers were purchased and the 
amount of elvers purchased from each harvester. The license holder or the license holder's 
authorized representative shall make the record available for inspection by a marine 
patrol officer. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 1298, L.D. 1765 
11. Shipment or transport of elvers outside state limits. A person who holds an 
elver dealer's license or the elver dealer's license holder's authorized representative under 
subsection 9 must transport elvers to a permanent facility identified on the license 
holder's license prior to shipping or transporting elvers outside state limits. 
A holder of an elver dealef dealer's license when buying directly from a harvester 
may buy only from a harvester who possesses an elver fishing license under section 
6505-A. The harvester shall make the elver fishing license available for inspection upon 
the elver ~ 
dealer's license holder's request. 
The commissioner may adopt rules to implement and enforce requirements under this 
section. Rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 10. Appropriations and allocations. The following appropriations and 
allocations are made. 
MARINE RESOURCES, DEPARTMENT OF 
Sea Run Fisheries and Habitat Z049 
Initiative: Provides funding from an increase in revenue related to application fees for the 
elver license lottery. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHERSPEC~LREVENUEFUNDSTOTAL 
2011-12 
$0 
$0 
2012-13 
$5,000 
$5,000 
Emergency clause. 
In view of the emergency cited m the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill and adds an emergency preamble and clause. It 
does the following. 
1. It changes the suspension for molesting elver fishing gear from a one-year license 
suspension to a 3-year suspension for the first offense and adds that a 2nd offense results 
in permanent revocation of the elver fishing license. It increases the fine for molesting 
elver fishing gear from between $100 and $500 to $2,000. 
2. It creates an elver fishing lottery system and adds a suspension of eligibility in the 
elver lotteries for fishing without an elver fishing license. The first offense results in a 
one-year suspension of eligibility. A 2nd offense results in a permanent loss of eligibility 
in the elver lotteries. It increases the fine for fishing without a license from between $100 
and $500 to $2,000 and makes a 2nd or subsequent offense a Class D crime. 
3. It adds a license suspension for an adjudication of untagged elver gear. The first 
offense results in a one-year license suspension. A 2nd offense results in permanent 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 1298, L.D. 1765 
revocation of the license holder's license. It increases the fine for untagged elver gear 
from between $100 and $500 to $2,000. 
4. It adds a license suspension for elver fishing during the closed season or a closed 
period. The first offense results in a one-year license suspension. A 2nd offense results in 
permanent revocation of the license holder's license. 
5. It adds a license suspension for violation of an elver dealer's license. The first 
offense results in a one-year license suspension. A 2nd offense results in permanent 
revocation of the license holder's license. It increases the fine for a violation of an elver 
dealer's license from between $100 and $500 to $2,000. 
6. It lifts the moratorium on elver fishing licenses and creates a dual elver fishing 
lottery system to keep the fishery at the same level as it was December 31, 2011. 
7. It requires the elver gear lottery and elver license lottery to begin in 2013. Gear 
authorized by licenses that are not renewed is placed in the elver gear lottery. Each lottery 
entrant can win authorization to use only one piece of gear. 
8. 
It allows only current elver fishing license holders who hold a dip net 
authorization to enter the elver gear lottery to exchange authorization to use a dip net for 
authorization to use a fyke net, if any are available. 
9. It sets up the elver license lottery to be held after the elver gear lottery for any 
remaining gear authorizations left over after the elver gear lottery. Each winner of the 
elver license lottery wins the ability to purchase an elver fishing license and authorization 
to use one piece of gear. The number of licenses available is based on and is the same as 
the number of gear pieces available in the elver gear lottery. 
10. It changes the closed period for elver harvesting, which in current law is from 
noon Friday to noon Sunday, and splits the days in the closed period. The closed period is 
changed to from noon Tuesday to noon Wednesday and from noon Saturday to noon 
Sunday. 
11. It adds that it is unlawful for an elver dealer to possess elvers prior to the 
beginning of the elver season and 5 days beyond the end of the season. This allows 
dealers to package and ship product after the season ends. 
12. It restricts the elver dealer's license to allow activities at only one permanent 
facility. A supplemental license is required for vehicles and for additional facilities. 
13. It allows an elver dealer's license holder to identify authorized representatives to 
purchase elvers for the dealer at locations other than the permanent facility. 
14. It requires the elver dealer's license holder or the license holder's authorized 
representative to purchase elvers from licensed harvesters and requires the elver dealer or 
authorized representative to keep a record that identifies each harvester from which elvers 
were purchased and the amount of elvers purchased from each harvester. The records 
must be available for inspection by a marine patrol officer. 
15. It requires the elver dealer's license holder or the license holder's authorized 
representative to transport elvers to a permanent facility identified on the license holder's 
license prior to shipping or transporting elvers outside state limits. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" R"to H.P. 1298, L.D. 1765 
16. It provides for the Commissioner of Marine Resources to make routine technical 
rules to set up the elver lotteries and the additional requirements for elver dealer's license 
holders. 
17. It adds an appropriations and allocations section. 
FISCAL XOTE nEQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/22/12 fo?ac 
LD 1765 
LR 2484(02) 
An Act To Sustain the Elver Fishery 
Fiscal Note for Bill as Amended by Committee Amendment 'A "CH- ~/t1 
Committee: Marine Resources 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes. 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
$0 
$5,000 
$0 
$5,000 
Projections 
FY 2013-14 
$5,000 
$5,000 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
FY 2014-15 
$5,000 
$5,000 
This legislation creates an elver license lottery which is expected to increase Other Special Revenue Funds revenue to 
the Department of Marine Resources by $5,000 beginning in fiscal year 2012-13. This analysis assumes 200 lottery 
applications per year. The bill includes a corresponding Other Special Revenue Funds allocation to the department in 
fiscal year 2012-13. 
LR2484(02) - Fiscal Note - Page 1 of 1