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: Marine Resources
Sponsors: JOHNSON, KUMIEGA
Amends: 12 MRSA §6074, 12 MRSA §6078-A, 12 MRSA §6140-B, 12 MRSA §6505-A, 12 MRSA §6505-B, 12 MRSA §6575-A, 12 MRSA §6575-C, 12 MRSA §6575-D, 12 MRSA §6575-E, 12 MRSA §6671, 12 MRSA §6752, 12 MRSA §6804, 12 MRSA §6864

Legislative Document 
No. 632 
S.P. 222 
In Senate, February 21, 2013 
An Act To Improve Enforcement Mechanisms to the Elver Industry 
and To Make Technical Changes to Maine's Marine Resources 
Laws 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator JOHNSON of Lincoln. 
Cosponsored by Representative KUMIEGA of Deer Isle. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6074, sub-§1, as amended by PL 1999, c. 156, §§2 and 3, is 
further amended to read: 
1.  Exception. A special license shall does not permit the holder to sell or, beyond the 
state limits, to ship or transport any marine organism that is less than the minimum size 
established by statute. This subsection shall does not apply to:  
B.    Any species grown in a hatchery for stock enhancement or resale for purposes of 
cultivation or stock enhancement.; or 
C.  Scallop spat collected under the authority of a special license and sold for the 
purpose of placement on a lease site authorized pursuant to section 6072 or 6072-A 
or under the authority of a license issued pursuant to section 6072-C.  For purposes of 
this paragraph, "scallop spat" means scallops less than 40 millimeters in the longest 
diameter. 
Sec. 2.  12 MRSA §6078-A, sub-§1, as amended by PL 2009, c. 240, §15, is 
further amended to read: 
1.  Fund established.  The Aquaculture Monitoring, Research and Development 
Fund, referred to in this section as "the fund," is established.  In addition to the fees 
derived pursuant to rules adopted under subsection 6, the commissioner may receive on 
behalf of the fund funds from any source.  All income received by the commissioner 
under this section must be deposited with the Treasurer of State, tracked according to its 
source and credited to the fund.  Any balance remaining in the fund at the end of a fiscal 
year does not lapse but must be carried forward to the next fiscal year.  Any interest 
earned on assets of the fund is credited to the fund.  All records related to harvests 
submitted by aquaculture lease holders are considered proprietary information for the 
purposes of section 6077, subsection 4. 
Sec. 3.  12 MRSA §6140-B, sub-§4, ¶C, as enacted by PL 2007, c. 240, Pt. QQ, 
§9, is amended to read: 
C.  Atlantic salmon raised by means of aquaculture, except that Atlantic salmon 
raised in a hatchery for the purpose of restoration are not exempt.   
Sec. 4.  12 MRSA §6505-A, sub-§5-A is enacted to read: 
5-A.  Possession of elvers.  The holder of an elver fishing license may possess elvers 
only during the open season pursuant to section 6575 and for up to 6 hours beyond the 
end of the open season. 
Sec. 5.  12 MRSA §6505-A, sub-§8, as repealed and replaced by PL 2011, c. 549, 
§5, is amended to read: 
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 must be adjudged.   
B.  A person who violates this section after having previously violated this section 
commits a Class D crime for which a fine of $2,000 must be adjudged. 
A court may not suspend any portion of a fine imposed under this subsection. 
Sec. 6.  12 MRSA §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 for which 
a fine of $2,000 may must be adjudged.  A court may not suspend any portion of a fine 
imposed under this subsection. 
Sec. 7.  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 civil violation for which 
a fine of $2,000 must be adjudged.  A court may not suspend any portion of a fine 
imposed under this subsection. 
Sec. 8.  12 MRSA §6575-C, sub-§1, as amended by PL 2003, c. 452, Pt. F, §13 
and affected by Pt. X, §2, is repealed. 
Sec. 9.  12 MRSA §6575-C, sub-§8 is enacted to read: 
8.  Violation.  A person who violates this section commits a civil violation for which 
a fine of not less than $100 nor more than $500 must be adjudged. 
Sec. 10.  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 for which 
a fine of $2,000 may must be adjudged.  A court may not suspend any portion of a fine 
imposed under this subsection. 
Sec. 11.  12 MRSA §6575-E, as amended by PL 2001, c. 272, §13, is further 
amended to read: 
§6575-E.  Method of eel fishing 
Except as provided in section 6505-C, subsection 2, it is unlawful for a person 
licensed under section 6505-C to fish for or take eels by any method other than eel pot or 
hoop net. 
Sec. 12.  12 MRSA §§6575-G to 6575-I 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 civil violation for which 
a fine of $2,000 must be adjudged. A court may not suspend any portion of a fine 
imposed under this subsection. 
§6575-H.  Assisting in illegal harvest of elvers 
1.  Prohibition.  A person may not assist another person to harvest elvers in violation 
of any law or rule pertaining to elvers.  For the purposes of this section, "assist" includes, 
but is not limited to, to drop off, to act as a lookout or to warn an elver harvester of 
impending law enforcement action. 
2.  Violation.  A person who violates this section commits a civil violation for which 
a fine of $2,000 must be adjudged.  A court may not suspend any portion of a fine 
imposed under this subsection. 
§6575-I.  Seizure of illegally harvested elvers 
In addition to any other penalty imposed, elvers bought or possessed that were taken 
in violation of any law or rule pertaining to elvers are subject to seizure.  The entire bulk 
pile containing illegally harvested elvers may be seized. 
Sec. 13.  12 MRSA §6671, sub-§8, ¶B, as amended by PL 2001, c. 188, §8, is 
further amended to read: 
B.  Any municipal shellfish conservation warden appointed by a municipality to 
enforce the provisions of this article must be certified by the commissioner within 
one year of the warden's appointment.  The commissioner shall establish a program to 
provide shellfish conservation training in principles of shellfish conservation, 
management, enforcement and protection and shall establish standards for 
certification of municipal conservation wardens upon their satisfactory completion of 
the training program.  The program must include training in sampling techniques for 
the detection of pollutants and contaminants in shellfish areas.  The commissioner 
may establish by rule procedures for certification, recertification and revocation of 
certification.  The commissioner may revoke a certificate for failure of the warden to 
comply with performance standards. 
Sec. 14.  12 MRSA §6752, as enacted by PL 1977, c. 661, §5, is amended to read: 
§6752.  Exception for personal use 
Any person may take or possess not more than 125 25 marine worms in any one day 
for personal use without a marine worm digger's license or a marine worm dealer's 
license. 
Sec. 15.  12 MRSA §6804, sub-§5, as amended by PL 2003, c. 248, §10, is 
further amended to read: 
5.  Exemption.  Notwithstanding subsection 1, a license is not required to fish for, 
take, possess or transport up to one standard fish tote of northern shrimp only for personal 
use.  This exemption does not apply to an individual whose ability to obtain a commercial 
northern shrimp license has been suspended by the commissioner. 
Sec. 16.  12 MRSA §6864, first ¶, as amended by PL 2011, c. 549, §9, is further 
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 a photograph and the date of birth of the harvester available for inspection upon the 
elver dealer's license holder’s request. 
SUMMARY 
This bill makes technical changes in laws regarding marine resources to improve 
enforcement mechanisms for the elver industry.  Among the changes are authorizing the 
seizure of a bulk pile that contains illegally harvested elvers and prohibiting the 
possession of elvers outside of the open season.  The bill also changes the law to restrict 
courts from suspending all or a portion of fines for elver violations.  It reduces the daily 
number of marine worms harvestable for personal use, and it restricts the allowable 
landings of northern shrimp for personal use to one tote. 
The bill also specifies size limits on scallop spat collected and sold for placement on 
a lease site, it expands the sources of funds available to an aquaculture fund and it 
clarifies that Atlantic salmon raised for restoration purposes are not exempt from certain 
fishing prohibitions.