An Act To Improve Enforcement Mechanisms to the Elver Industry and To Make Technical Changes to Maine's Marine Resources Laws
Maine Legislature, Session 126, LD 0632
Committee Amendment CA_A_S23 (Senate)
Amends: 12 MRSA §6305, 12 MRSA §6404-A, 12 MRSA §6404-H, 12 MRSA §6404-I, 12 MRSA §6404-J, 12 MRSA §6505-A, 12 MRSA §6575, 12 MRSA §6575-A, 12 MRSA §6575-C, 12 MRSA §6575-D, 12 MRSA §6864

COMMITTEE AMENDMENT "A " to S.P. 222, L.D. 632, Bill, "An Act To 
Improve Enforcement Mechanisms to the Elver Industry and To Make Technical 
Changes to Maine's Marine Resources Laws" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Enact Measures To Improve Enforcement Mechanisms in the Elver 
Industry' 
Amend the bill by striking out everything after the title and before the summalY and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, elver prices are unusually high and elver purchasing transactions have 
created law enforcement difficulties; and 
Whereas, the safety of the public and of law enforcement is at stake and elver 
season is already under way, and therefore it is necessary ilmnediately to modify the 
strategies available to law enforcement to increase safety and accountability in the elver 
industry; 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 MRS A §6173, sub-§l, as enacted by PL 2003, c. 170, §1, is amended 
to read: 
1. Collection and reporting of statistics. The commissioner may, with the advice 
and consent of the advisOlY council, adopt rules to collect pertinent data with respect to 
the fisheries, including, but not limited to, information regarding the type and quantity of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 222, L.D. 632 
fishing gear used, catch by species in numbers of fish or weight, areas in which fishing 
was conducted, time of fishing, number of hauls and the estimated processing capacity of, 
and the actual processing capacity utilized by United States fish processors. 
The 
commissioner may collect statistics from any source and may require reporting of these 
statistics. The infonnation collected by or reported to the commissioner is confidential 
and may not be disclosed in a manner or fonn that pennits identification of any person or 
vessel, except when required by court order or when specifically pennitted under this 
section. The commissioner may share data collected under this section with the National 
Marine Fisheries Service or successor organization for research or fisheries management 
purposes, provided that as long as federal laws and regulations protect the confidentiality 
of the shared data. 
The commissioner may share landings data collected under this 
subsection with the Bureau of Marine Patrol when necessary for the enforcement of 
reporting requirements under this section. The commissioner shall adopt rules to carry 
out the purposes of this section. Rules adopted under this section are routine technical 
rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 12 MRSA §6305, sub-§1-A is enacted to read: 
I-A. Photo identification. When a person is engaged in an activity for which a 
license is required under section 6505-A, that person shall, on the request of a marine 
patrol officer or other authorized person, present a govemment-issued identification card 
with the person's photograph and date of birth. 
Sec. 3. 
MRSA §6404-A, as amended by PL 2011, c. 549, §l, is further 
amended to read: 
§6404-A. Suspension or revocation based on conviction of molesting elver gear 
The cOlmnissioner shall suspend or revoke the elver fishing license of any license 
holder adjudicated in court convicted of violating section 6575-D. 
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 pennanently revoke 
the license holder's license. 
Sec. 4. 12 MRSA §6404-H, as enacted by PL 2011, c. 549, §2, is amended to 
read: 
§6404-H. Suspension or revocation based on 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 cOlmnissioner 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 commissioner shall pennanently revoke 
the person's eligibility for the elver lotteries under section 6505-A, subsection 2-B. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 222, L.D. 632 
Sec. 5. 12 MRSA §6404-I, as enacted by PL 2011, c. 549, §2, is amended to read: 
§6404-I. Suspension or revocation based on conviction of untagged elver gear 
The commissioner shall suspend or revoke the elver fishing license of any license 
holder adjudicated in court convicted 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. 
Sec. 6. 12 MRSA §6404-J, as enacted by PL 2011, c. 549, §2, is amended to read: 
§6404-J. Suspension or revocation based on conviction 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 convicted 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. 
Sec. 7. 12 MRS A §6404-K, as enacted by PL 2011, c. 549, §2, is amended to 
read: 
§6404-K. Suspension or revocation based on conviction 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 convicted of violating section 6864. 
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. 8. 12 MRSA §6505-A, sub-§8, as repealed and replaced by PL 2011, c. 549, 
§5, is repealed. 
Sec. 9. 12 MRSA §6505-A, sub-§8-A is enacted to read: 
8-A. Violation. A person who violates this section commits a Class D crime for 
which a fine of $2,000 must be imposed, none of which may be suspended. Violation of 
this section is a strict liability crime as defined in Title 17 -A, section 34, subsection 4-A. 
Sec. 10. 12 MRS A §6505-B, sub-§6, as amended by PL 2011, c. 549, §6, is 
further amended to read: 
6. Violation. A person who violates this section commits a civil violation Class D 
crime for which a fine of $2,000 may must be adjudged imposed, none of which may be 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "It "to S.P. 222, L.D. 632 
suspended. Violation of this section is a strict liability crime as defined in Title 17 -A, 
section 34, subsection 4-A. 
Sec. 11. 12 MRSA §6575, sub-§5 is enacted to read: 
5. Violation. A person who violates this section commits a Class D crime for which 
a fine of $2,000 must be imposed, none of which may be suspended. Violation of this 
section is a strict liability crime as defined in Title 17 -A, section 34, subsection 4-A. 
Sec. 12. 12 MRSA §6575-A, as amended by PL 2011, c. 549, §7, is repealed and 
the following enacted in its place: 
§6575-A. Closed period; elver harvesting 
1. Prohibition. 
It is unlawful for a person to fish for or take elvers from noon 
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. 
2. Violation. A person who violates this section commits a Class D crime for which 
a fine of $2,000 must be imposed, none of which may be suspended. Violation of this 
section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. 
Sec. 13. 12 MRSA §6575-C, sub-§I, as amended by PL 2003, c. 452, Pt. F, § 13 
and affected by Pt. X, §2, is repealed. 
Sec. 14. 12 MRSA §6575-D, sub-§2, as amended by PL 2011, c. 549, §8, is 
further amended to read: 
2. Violation. A person who violates this section commits a civil violation Class D 
crime for which a fine of $2,000 may must be adjudged imposed, none of which may be 
suspended. Violation of this section is a strict liability crime as defined in Title 17 -A, 
section 34, subsection 4-A. 
Sec. 15. 12 MRSA §§6575-G and 6575-H are enacted to read: 
§6575-G. Dams with fishways; elver fishing 
1. Dams with fishways. A person may not fish for or take elvers within 150 feet of 
any part of a dam with a fishway or within 150 feet of a fishway. 
2. Violation. A person who violates this section commits a Class D crime for which 
a fine of $2,000 must be imposed, none of which may be suspended. Violation of this 
section is a strict liability crime as defined in Title 17 -A, section 34, subsection 4-A. 
§6575-H. Sale of elvers 
1. Sale of elvers. A person may not sell elvers for cash or credit or receive from any 
person any goods, wares, merchandise or other articles or form of payment in exchange 
for elvers other than a check that identifies both the seller and the buyer, each of whom 
must be a person holding a license issued under section 6864, a person who, pursuant to 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "1\ "to S.P. 222, L.D. 632 
section 6864, subsection 9, is an authorized representative of a person holding a license 
issued under section 6864 or a person holding a license issued under section 6505-A. 
2. Violation. A person who violates this section commits a Class D crime for which 
a fine of $2,000 must be imposed, none of which may be suspended. Violation of this 
section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. 
Sec. 16. 12 MRSA §6864, sub-§7, as amended by PL 2011, c. 549, §9, is further 
amended to read: 
7. Violation. A person who violates this section commits a civil violation Class D 
crime for which a fine of $2,000 may must be adjudged imposed, none of which may be 
suspended. Violation of this section is a strict liability crime as defined in Title 17 -A, 
section 34, subsection 4-A. 
Sec. 17. 12 MRSA §6864, sub-§10, as enacted by PL 2011, c. 549, §9, IS 
amended to read: 
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 pennanent 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. The license holder or the license holder's authorized representative may 
not purchase elvers for cash or credit or provide to any person any goods, wares, 
merchandise or other articles or fonn of payment in exchange for elvers other than a 
check that identifies both the seller and the buyer, each of whom must be a person 
holding a license issued under this section, a person who, pursuant to subsection 9, is an 
authorized representative of a person holding a license issued under this section or a 
person holding a license issued under section 6505-A. 
Sec. 18. 12 MRSA §6864, sub-§12 is enacted to read: 
12. Nonnegotiable checks. A licensed elver dealer or an authorized representative 
of a licensed elver dealer may not purchase or attempt to purchase elvers with a 
nonnegotiable check. 
Sec. 19. 12 MRSA §6864, first~, as amended by PL 2011, c. 549, §9, is Duiher 
amended to read: 
A holder of an elver 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 and a government-issued identification card 
with the harvester's photograph and date of birth available for inspection upon the elver 
dealer's license holder's request. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A.,." to S.P. 222, L.D. 632 
SUMMARY 
This amendment replaces the bill and adds an emergency preamble and an emergency 
clause. The amendment requires an elver harvester to provide, upon request of a law 
enforcement officer or elver dealer, a government-issued identification with the 
harvester's photograph and birth date. The amendment restricts the forn1 of payment with 
respect to the sale and purchase of elvers to a check. The amendment converts many 
elver fishing violations that are currently civil violations to Class D crimes and requires 
courts to impose the maximum fine for those Class D crimes. 
FISCAL '\OT[ REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 04/05/13 
~ac 
LD632 
LR 465(02) 
An Act To Improve Enforcement Mechanisms to the Elver Industry and To Make Technical Changes 
to Maine's Marine Resources Laws 
Fiscal Note for Bill as Amended by Committee Amendment !!.f\'0 ~ 2..3 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0465(02) - Fiscal Note - Page 1 of 1