An Act To Sustain the Elver Fishery
Maine Legislature, Session 125, LD 1765
Committee: Marine Resources
Sponsors: TILTON, RAYE, BURNS
Amends: 12 MRSA §6505-A, 12 MRSA §6505-B, 12 MRSA §6575, 12 MRSA §6575-A, 12 MRSA §6575-D

Legislative Document 
No. 1765
H.P. 1298 
House of Representatives, January 10, 2012
An Act To Sustain the Elver Fishery 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative TILTON of Harrington. 
Cosponsored by President RAYE of Washington and 
Representative: BURNS of Whiting. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6505-A, sub-§1, ¶¶C and D, as enacted by PL 2003, c. 452, 
Pt. F, §11 and affected by Pt. X, §2, are amended to read: 
C.  A nonresident elver fishing license for one device; or 
D.  A nonresident elver fishing license for 2 devices.; or 
Sec. 2.  12 MRSA §6505-A, sub-§1, ¶E is enacted to read: 
E.  A resident elver fishing license for 3 elver fyke nets. 
Sec. 3.  12 MRSA §6505-A, sub-§2, ¶C, as amended by PL 2007, c. 615, §15, is 
further amended to read: 
C.  Possessed an elver fishing license in the previous calendar year; or 
Sec. 4.  12 MRSA §6505-A, sub-§2, ¶E, as enacted by PL 2007, c. 615, §15, is 
amended to read: 
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.; or 
Sec. 5.  12 MRSA §6505-A, sub-§2, ¶F is enacted to read: 
F.  Becomes eligible to obtain an elver fishing license pursuant to the elver license 
lottery under subsection 2-B. 
Sec. 6.  12 MRSA §6505-A, sub-§2-B is enacted to read: 
2-B.  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 issued licenses under 
this subsection may not cause the total number of elver fishing licenses issued under this 
section to exceed 600. 
A.  The elver license lottery must be held on or before January 31st of each calendar 
year beginning in 2013. 
B.  In order to be eligible for the elver 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. 
C.  A person may file no more than one elver license lottery application per lottery 
year. 
The commissioner shall adopt rules no later than December 31, 2012 to implement the 
elver license lottery system.  The rules must include provisions for the method and 
administration of the lottery.  The lottery must be set up in a way that the total number of 
elver fishing licenses does not exceed 600.  The lottery must be set up by zones 
corresponding with the lobster management zones pursuant to section 6446, and the 
commissioner shall determine the number of elver fishing licenses to be issued in each 
zone.  Rules adopted under this subsection are routine technical rules pursuant to Title 5, 
chapter 375, subchapter 2-A. 
Sec. 7.  12 MRSA §6505-A, sub-§4, as amended by PL 2009, c. 213, Pt. G, §6, is 
further amended to read: 
4.  Fees.  Fees for elver fishing licenses are: 
A.  For a person who is a resident, $105 $200; and  
B.  For a person who is a nonresident, $442 $800. 
Fifty dollars of each license fee collected under this subsection accrues to the Eel and 
Elver Management Fund established in section 6505-D.  Ninety-five dollars of each 
license fee collected under this subsection must be deposited in the Elver Fishery 
Enforcement Fund established under subsection 9. 
Sec. 8.  12 MRSA §6505-A, sub-§7, as enacted by PL 1999, c. 7, §5, is repealed. 
Sec. 9.  12 MRSA §6505-A, sub-§8, as enacted by PL 2001, c. 421, Pt. B, §29 
and affected by Pt. C, §1, is amended to read: 
8.  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 up to $5,000 may be adjudged. 
Sec. 10.  12 MRSA §6505-A, sub-§9 is enacted to read: 
9.  Elver Fishery Enforcement Fund.  The Elver Fishery Enforcement Fund is 
created as a nonlapsing fund within the department to be used only for supporting the 
Bureau of Marine Patrol activities related to the elver fishery.  The Elver Fishery 
Enforcement Fund receives funds deposited pursuant to subsection 4. 
Sec. 11.  12 MRSA §6505-B, sub-§4, as enacted by PL 1995, c. 536, Pt. A, §8, is 
amended to read: 
4.  Payment with license.  The fees required under subsections 1 and 3 must be paid 
upon application for an elver fishing license under section 6505-A except that fees 
required under subsections 1 and 3 for a license issued pursuant to the elver license 
lottery under section 6505-A, subsection 2-B must be paid upon issuance of that license. 
Sec. 12.  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 forfeiture fine of not less than $100 nor more than $500 up to $5,000 may be adjudged. 
Sec. 13.  12 MRSA §6575, sub-§1, 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 1st to 
noon on May 31st June 20th. 
Sec. 14.  12 MRSA §6575-A, as amended by PL 1999, c. 7, §8, is repealed. 
Sec. 15.  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 up to $5,000 may be adjudged. 
SUMMARY 
This bill lifts the moratorium on the issuance of new elver fishing licenses and 
increases the total number of licenses available to 600.  New licenses are geographically 
distributed and issued by a lottery system overseen by the Commissioner of Marine 
Resources.  The bill also increases the cost of licenses; increases the number of allowable 
elver fyke nets for residents to 3; increases the fines for elver gear molestation, failure to 
pay elver gear fees and fishing without a license to up to $5,000; changes the open season 
to April 1st to June 20th; and allows elver fishing 7 days per week during the open 
season.