An Act To Make Technical Changes to Maine's JaJne Resources Laws and Elver Enforcement Mechanisms
Maine Legislature, Session 126, LD 1545
Committee Amendment CA_A_S247 (Senate)
Amends: 12 MRSA §6072, 12 MRSA §6072-A, 12 MRSA §6505-A, 12 MRSA §6575-H, 12 MRSA §6864

COMMITTEE AMENDMENT "A" to S.P. 588, L.D. 1545, Bill, "An Act To Make 
Technical Changes to Maine's JaJne Resources Laws and Elver Enforcement 
Mechanisms" 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 12 MRSA §6072, sub-§13, ~G, as amended by PL 2003, c. 660, Pt. A, 
§ 12, is further amended to read: 
G. For adding or deleting authOlization for the holder of an aquaculture lease to grow 
specific species and use specific gear on the lease site-;-and. The commissioner may 
grant authorization for a species or gear amendment under this paragraph only: 
(1) After giving notice of the proposed amendment to the public, the owners of 
riparian land within 1,000 feet of the lease site and the municipal officers of the 
municipality within which the lease is located. The notice must provide an 
opportunity to submit written comments on the proposed amendment within 14 
days; and 
(2) Upon a determination by the commissioner that the amendment is consistent 
with the findings made under subsection 7 -A when the lease was approved; and 
Sec. 2. 12 MRSA §6072-A, sub-§l, as amended by PL 2003, c. 247, §9, is 
further amended to read: 
1. Authority. The commissioner may issue a limited-purpose lease for areas in, on 
and under the coastal waters, including the public lands beneath those waters and portions 
of the intertidal zone, for commercial aquaculture research and development or for 
scientific research. 
The commissioner or the deputy commissioner acting on the 
commissioner's behalf may authorize in writing qualified professional department staff to 
issue a [mal decision and sign a lease document on an application for a limited-purpose 
lease. A decision issued by depmtment staff pursuant to this subsection is a final agency 
action with respect to that lease application. The cOlmnissioner may adopt regulations for 
adding or deleting authorization for the holder of an aquaculture lease to grow specific 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDME~ "to S.P. 588, L.D. 1545 
species and use specific gear on the lease site. The commissioner may grant authorization 
for species or gear amendments under this subsection only: 
A. After giving notice of the proposed amendment to the public, the owners of 
riparian land within 1,000 feet of the lease site and the municipal officers of the 
municipality within which the lease is located. 
The notice must provide an 
opportunity to submit written comments on the proposed amendment within 14 days; 
and 
B. Upon a determination by the commissioner that the amendment is consistent with 
the findings made under subsection 13 when the lease was approved.' 
Amend the bill in section 3 in subsection 1 in paragraph C in the 4th and 5th lines 
(page 1, lines 34 and 35 in L.D.) by striking out the following: ""scallop spat" means 
scallops less than 40 millimeters in the longest diameter" and inserting the following: 
'until September 1, 2015, "scallop spat" means scallops less than 40 millimeters in the 
longest diameter and, beginning September 1, 2015, "scallop spat" means scallops less 
than 25 millimeters in the longest diameter' 
Amend the bill in section 4 in paragraph F in the last line (page 1, line 39 in L.D.) by 
inserting after the following: "program" the following: 'for educational purposes only' 
Amend the bill by inserting after section 7 the following: 
'Sec. 8. 12 MRSA §6505-A, sub-§2-B, as amended by PL 2013, c. 8, §2, is 
further amended 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, except that beginning in 2013 that number 
must be increased to include an additional 25 dip nets. 
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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDME~: "to S.P. 588, L.D. 1545 
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 obtai:1 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. 
(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 Januaty 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 cOlmnissioner 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. 
Notwithstanding any other provision of this section, the commissioner may not hold a 
lottery under this subsection.' 
Amend the bill by striking out all of section 10 and inserting the following: 
'Sec. 10. 12 MRSA §6575-H, suh-§I, as enacted by PL 2013, c. 49, §15, is 
repealed and the following enacted in its place: 
1. Sale of elvers. A person may not sell elvers except as follows. 
A. A person may not se:ll elvers except to a person who holds a valid elver dealer's 
license under section 6864 or a person who, pursuant to section 6864, subsection 9, is 
an authorized representative of a person holding a license issued under section 6864. 
B. A person may not accept payment for elvers in any form other than a check or 
cashier's check that identifies both the buyer and the seller, unless the purchaser 
provides to the seller a written or electronic receipt that identifies both the seller and 
buyer, each of whom must be a person holding a license issued under section 6864, a 
person who, pursuant to 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 650:5-A.' 
Amend the bill by striking out all of section 20 and inserting the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMEN:;A "to S.P. 588, L.D. 1545 
'Sec. 20. 12 MRSA §6864, sub-§10, as amended by PL 2013, c. 49, §17, IS 
further 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 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. The license holder or the license holder's authorized representative may 
not purchase elvers for Gash or credit or provide to any person any goods, wares, 
merchandise or other articles or with any form of payment in exchange for elvers other 
than a check or cashier's check that identifies both the seller and the buyer, unless the 
purchaser provides the seller a written or electronic receipt that identifies both the seller 
and 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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment: 
I. Modifies the provision of the bill that authorizes the Commissioner of Marine 
Resources to authorize gear or species changes under aquaculture leases; it provides that 
before any such changes are made, the public and interested parties must be notified and 
allowed to comment on the change; 
2. Modifies the size limits on scallop spat collected under the authority of a special 
license and sold for placement on a lease site. Until September 1,2015, the scallop spat 
must be less than 40 millimeters in the longest diameter and, beginning September 1, 
2015, the scallop spat must be less than 25 millimeters in the longest diameter; 
3. Clarifies that approval by the applicable advisory council is not required for a 
special license issued by the commissioner to a teacher who is providing a school 
program for educational purposes; 
4. Retains a recently enacted provision, repealed in the bill, that prohibits a person 
from buying or selling elvers with any form of payment other than a check, but modifies 
the provision to allow other forms of payment if the purchaser provides a Wlitten or 
electronic receipt that identifies both the buyer and seller; and 
5. Suspends the elver gear lottery until action is taken to reauthorize the lottery. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 06/03/13 ;t¥czc:. 
LD 1545 
LR 2133(02) 
An Act To Make Technical Changes to Maine's Marine Resources Laws and Elver Enforcement 
Mechanisms 
Fiscal Note for Bill as Amended by Committee AmendmentA"fS-:ltf't ) 
Committee: Marine Resources 
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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. 
Fiscal Detail and Notes 
Additional costs to the Department of Marine Resources associated with the provisions of this legislation can be 
absorbed within existing budgeted resources. 
LR2133(02) - Fiscal Note - Page 1 of 1