An Act To Clarity the Law Concerning Maine's Elver Fishing License
Maine Legislature, Session 126, LD 1625
Committee Amendment CA_A_H686 (House)
Amends: 12 MRSA §6210, 12 MRSA §6302-A, 12 MRSA §6302-B, 12 MRSA §6505-A, 12 MRSA §6575-K

COMMITTEE AMENDMENT "A " 
to H.P. 1197, L.D. 1625, Bill, "An Act To 
Clarity the Law Concerning Maine's Elver Fishing License" 
Amend the bill by striking out the title and substituting the following: 
'An Act Concerning Maine's Elver Fishery' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 12 MRSA §6210, as enacted by PL 2013, c. 468, §8, is amended to read: 
§6210. Procedure for administrative assessment ofpenaIty for pecuniary gain 
The department in an adjudicatory proceeding may impose an administrative penalty 
for a violation of section 6575-K or section 6864, subsection 7-A equal to the pecuniary 
gain from that violation in accordance with this section. 
1. 
Definition. As used in this section, unless the context otherwise indicates, 
"pecuniary gain" means the amount of money or the value of property at the time a 
person violates section 6575-K or section 6864, subsection 7-A that the person derives 
from the violation. 
2. Initiation and notice. If the Chief of the Bureau of Marine Patrol delivers to the 
commissioner a written statement under oath that the chief has probable cause to suspect 
that a violation of section 6575-K or section 6864, subsection 7-A has been committed, 
the commissioner shall immediately examine the statement and determine whether to 
conduct an adjudicatory proceeding for the purpose of imposing an administrative penalty 
under this section. If the commissioner determines that the imposition of a penalty is 
necessary, the commissioner shall immediately notify the person who is alleged to have 
violated the law in accordance with Title 5, section 9052. The notice must state that the 
person may request a hearing in writing within 10 days of the notice. 
3. Hearing. If a hearing is requested pursuant to subsection 2, it must be held within 
business days after receipt by the commissioner of the request for a hearing, except 
that a hearing may be held more than 30 business days after the request if the delay is 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1197, L.D. 1625 
requested by the person requesting the hearing and mutually agreed to in writing. The 
hearing must be held in accordance with the Maine Administrative Procedure Act, except 
that: 
A. Notwithstanding Title 5, section 9057, issues of the hearing are limited to whether 
the person requesting the hearing committed a violation of section 6575-K or section 
6864, subsection 7-A; and 
B. Notwithstanding Title 5, section 9061, the decision of the presiding officer under 
Title 5, section 9062 must be made not more than 10 business days after completion 
of the hearing. The presiding officer must be the commissioner or the commissioner's 
designee. 
Any decision to impose an administrative penalty under this section must be based on 
evidence in the record of the pecuniary gain, which may include evidence of the fair 
market value of any elvers illegally possessed by the person at the time the violation was 
committed. The penalty may be based on evidence of the amount of money or value of 
property the person received for elvers sold in violation of section 6575-K or section 
6864, subsection 7-A. 
4. Appeal. A decision of the commissioner or the commissioner's designee to assess 
an administrative penalty for pecuniary gain pursuant to this section may be appealed to 
the Superior Court if the appeal is filed with the court within 30 days of the decision. 
S. Request for hearing on penalty amount; place of hearing. The license holder 
may request a hearing regarding the amount of the administrative penalty assessed under 
this section. A hearing must be requested in writing within 10 days from the receipt of the 
notice of the penalty. The hearing must be held within 10 days of the request unless a 
longer period of time is mutually agreed to by the commissioner or the commissioner's 
designee and the license holder who requests the hearing in writing. The hearing must be 
conducted in the Augusta area. 
6. Disposition of penalty. 
The commissioner shall deposit any payments for 
administrative penalties collected pursuant to this section into the Eel and Elver 
Management Fund established under section 6505-D. 
Sec. 2. 12 MRSA §6302-A, sub-§3, ~E-l, as enacted by PL 2013, c. 8, § 1, is 
repealed and the following enacted in its place: 
E-l. The Passamaquoddy Tribe may issue to members of the tribe commercial 
licenses for the taking of elvers subject to the following limitations: 
(1) A license that allows the taking of elvers with an elver fyke net may be 
issued to only 6 members of the tribe in any calendar year; and 
(2) A license that allows the taking of elvers with an elver dip net may be issued 
to any member of the tribe not authorized to use an elver fyke net; 
Sec. 3. 12 MRSA §6302-B is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1197, L.D. 1625 
§6302-B. Elver quota for federally recognized Indian tribes in the State 
If the commissioner adopts an elver individual fishing quota system pursuant to 
section 6505-A, subsection 3-A, this section governs the allocation of the elver quota to 
federally recognized Indian tribes in the State. 
1. Annual allocation. In accordance with section 6505-A, the commissioner shall 
annually allocate 21.9% of the overall annual quota of elver fishery annual landings to the 
federally recognized Indian tribes in the State. 
If the Passamaquoddy Tribe, the 
Penobscot Nation, the Aroostook Band of Micmacs and the Houlton Band of Maliseet 
Indians reach an agreement regarding the division of this 21.9% portion of the overall 
annual quota among them and communicate in writing that agreement to the 
commissioner prior to March 1st of the year in which the quota is allocated, the 
commissioner shall allocate that portion of the quota in accordance with that agreement. 
If no agreement is reached, the commissioner shall allocate that portion of the quota in 
accordance with the following: 
A. To the Passamaquoddy Tribe, 14% of the overall annual quota; 
B. To the Penobscot Nation, 6.4% of the overall annual quota; 
C. To the Houlton Band of Maliseet Indians, 1.1 % of the overall annual quota; and 
D. To the Aroostook Band of Micmacs, 0.4% of the overall annual quota. 
In making any allocations under this subsection, the commissioner shall reserve a portion 
no greater than 10% of each allocation in order to ensure that the quota is not exceeded. 
2. Individual allocation. The Passamaquoddy Tribe shall allocate to each person to 
whom it issues a license under section 6302-A, subsection 3, paragraph E-1 a specific 
amount of the quota allocated to the Passamaquoddy Tribe under subsection 1, paragraph 
A and shall provide documentation to the department of that allocation for each 
individual license holder. The Passamaquoddy Tribe shall allocate all of the quota that it 
has been allocated and may not alter any individual allocations once documentation has 
been provided to the department. The Penobscot Nation shall allocate to each person to 
whom it issues a license under section 6302-A, subsection 3, paragraph E a specific 
amount of the quota allocated to the Penobscot Nation under subsection 1, paragraph B 
and shall provide documentation to the department of that allocation for each individual 
license holder. The Penobscot Nation shall allocate all of the quota that it has been 
allocated and may not alter any individual allocations once documentation has been 
provided to the department. The Houlton Band of Maliseet Indians shall allocate to each 
person to whom it issues a license under section 6302-A, subsection 3, paragraph G a 
specific amount of the quota allocated to the Houlton Band of Maliseet Indians under 
subsection 1, paragraph C and shall provide documentation to the department of that 
allocation for each individual license holder. The Houlton Band of Maliseet Indians shall 
allocate all of the quota that it has been allocated and may not alter any individual 
allocations once documentation has been provided to the department. The Aroostook 
Band of Micmacs shall allocate to each person to whom it issues a license under section 
6302-A, subsection 3, paragraph F a specific amount of the quota allocated to the 
Aroostook Band of Micmacs under subsection 1, paragraph D and shall provide 
documentation to the department of that allocation for each individual license holder. 
The Aroostook Band of Micmacs shall allocate all of the quota that it has been allocated 
COMMITTEE AMENDMENT 
o~s 
~ 
l3 
COMMITTEE AMENDMENT "A "to H.P. 1197, L.D. 1625 
and may not alter any individual allocations once documentation has been provided to the 
department. 
The department shall issue elver transaction cards under section 6305 to a person licensed 
by the Passamaquoddy Tribe under section 6302-A, subsection 3, paragraph E-l, the 
Penobscot Nation under section 6302-A, subsection 3, paragraph E, the Houlton Band of 
Maliseet Indians under section 6302-A, subsection 3, paragraph G or the Aroostook Band 
of Micmacs under scction 6302-A, subsection 3, paragraph F only upon receipt of 
adequate documentation specifying the individual quota allocated to that person by the 
tribe, nation or band under this subsection. 
3. 
Overage. 
If the total weight of elvers sold by persons licensed by the 
Passamaquoddy Tribe, Penobscot Nation, Aroostook Band of Micmacs or Houlton Band 
of Maliseet Indians exceeds the quota allocated under subsection 1 to that tribe, nation or 
band, the commissioner shall deduct the amount of the overage from any future allocation 
to that tribe, nation or band. If the overage exceeds the overall annual quota allocated to 
that tribe, nation or band for the following year, the overage must be deducted from the 
overall annual quota allocations to that tribe, nation or band in subsequent years until the 
entire overage has been accounted for. 
Sec.4. 12 MRS A §6404-M is enacted to read: 
§6404-M. Suspension or revocation based on conviction of a violation of an elver 
individual fishing quota 
The commissioner shall suspend or revoke the elver fishing license of any license 
holder convicted of violating section 6575-K. 
1. First offense. For the 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. 5. 12 MRSA §6505-A, sub-§I, as amended by PL 2013, c. 468, §23, is 
further amended to read: 
1. License required. Except as provided in section 6302-A and section 6302-B, a 
person may not engage in the activities authorized under subsection I-A unless the person 
is issued one of the following elver fishing licenses under this section: 
A. A resident elver fishing license for one device; 
B. A resident elver fishing license for 2 devices; 
C. A nonresident elver fishing license for one device; 
D. A nonresident elver fishing license for 2 devices; 
E. A resident elver fishing license with crew for one device; 
F. A resident elver fishing license with crew for 2 devices; 
G. A nonresident elver fishing license with crew for one device; or 
H. A nonresident elver fishing license with crew for 2 devices. 
COMMITTEE AMENDMENT 
v.. 
o~s 
l3 
COMMITTEE AMENDMENT" A" to H.P. 1197, L.D. 1625 
The department may not issue a license under paragraph E, F, G or H until January 1, 
2015. 
Sec. 6. 12 MRSA §6505-A, sub-§I-C, as cnacted by PL 20l3, c. 468, §24, is 
amended to read: 
l-C. Elver transaction card issued. The department may issue an elver transaction 
card to each license holder under this section and to each license holder under section 
6302-A, subsection 3, paragraphs E, E-l, F and G in accordance with section 6302-B. 
The license holder shall use the elver transaction card to meet electronic reporting 
requirements established by rule pursuant to section 6173. The elver transaction card 
must include the license holder's name and license number. 
Sec. 7. 12 MRSA §6505-A, sub-§3-A is enacted to read: 
3-A. 
Elver fishing quotas. 
The commissioner may adopt rules to establish, 
implement and administer an elver individual fishing quota system in order to ensure that 
the elver fishery annual landings do not exceed the overall annual quota established by 
the Atlantic States Marine Fisheries Commission. A person issued a license under this 
section or section 6302-A, subsection 3, paragraph E, E-l, F or G may not take, possess 
or sell elvers in excess of the weight quota allocated to that person under the quota 
system. The rules must: 
A. Establish an overall annual quota for the State; 
B. 
Establish the amount of the overall annual quota under paragraph A that is 
allocated to persons licensed under this section and specify a formula to establish 
individual quotas for persons licensed under this section. The formula may take into 
account the amount of elvers a person licensed under this section lawfully harvested 
in previous seasons based on final harvesting reports. The rules must specify the date 
by which harvester reports are considered final for the purpose of determining 
individual quotas; and 
C. Provide, in accordance with section 6302-B, that 21.9% of the overall annual 
quota under paragraph A is allocated to the federally recognized Indian tribes in the 
State and establish the amount of that portion of the overall annual quota allocated to 
the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet 
Indians and the Aroostook Band of Micmacs. 
If persons issued licenses under this section collectively exceed the overall annual quota 
allocated to those persons pursuant to paragraph B, the number of pounds by which the 
license holders exceeded that overall annual quota must be deducted from the following 
year's overall annual quota allocated to persons licensed under this section. If the overage 
exceeds the overall annual quota allocated to persons licensed under this section for the 
following year, the overage must be deducted from the overall annual quota allocated to 
persons licensed under this section in subsequent years until the entire overage has been 
accounted for. 
The commissioncr may adopt or amend rules on an emergency basis if immediate action 
is necessary to establish and implement the elver individual fishing quota in advance of 
the beginning of the elver fishing season. 
COMMITTEE AMENDMENT 
o~s 
~ 
COMMITTEE AMENDMENT" A" to H.P. 1197, L.D. 1625 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 8. 12 MRSA §6575-K is enacted to read: 
§6575-K. Elver individual fishing quota 
1. Prohibition on possession or sale of elvers in excess of elver individual fishing 
quota. A person may not possess or sell a weight of elvers that exceeds the elver 
individual fishing quota that person has been allocated for the fishing season pursuant to 
section 6505-A, subsection 3-A. 
2. Prohibition on fishing after elver individual fishing quota has been reached. 
A person who has sold a weight of elvers that meets or exceeds that person's elver 
individual fishing quota may not fish for or possess elvers for the remainder of the 
season, except that such a person who has been issued a license to fish for elvers may in 
accordance with section 6575-D assist another person who has been issued a license to 
fish for elvers who has not met or exceeded that person's elver individual fishing quota as 
provided in section 6505-A, subsection 3-A. All gear tagged by a license holder who has 
met or exceeded that person's elver individual fishing quota must be removed. A marine 
patrol officer may seize the elver transaction card of a license holder who has met or 
exceeded that person's elver individual fishing quota. 
3. Violation. An individual who in fact violates this section commits a crime in 
accordance with section 6204 for which a fine of $2,000 must be imposed, none of which 
may be suspended.' 
SUMMARY 
This amendment, which is the majority report of the committee and replaces the bill, 
authorizes the Commissioner of Marine Resources to establish by rule an elver fishing 
weight quota for the State and allocate elver individual fishing quotas to elver harvesters 
licensed by the State by a formula that may take into account previous years' landings. 
This amendment also directs the commissioner to set aside a share of the overall quota 
and divide it among the federally recognized Indian tribes in Maine unless the tribes 
propose by March 1st of the calendar year in which the quota is allocated an alternate 
division of that portion of the quota that is allocated to them. The commissioner shall 
allocate that portion of the quota in accordance with that proposed division. This 
amendment makes it a Class 0 strict liability crime with a mandatory $2,000 fine to 
violate prohibitions on possessing or selling elvers in excess of a person's elver individual 
fishing quota and on fishing after a person's elver individual fishing quota has been met. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/06114 ;;tvac.. 
LD 1625 
LR 2543(02) 
An Act To Clarify the Law Concerning Maine's Elver Fishing License 
Fiscal Note for Bill as Amended by Committee Amendment fl' CH- b 80J 
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 filles may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Marine Resources to establish a framework for an elver individual fishing 
quota system are expected to be minor and can be absorbed within existing budgeted resources. 
LR2543(02) - Fiscal Note - Page 1 of 1