An Act To Provide Flexibility in the Designation of the Closed Period for Elver Harvesting
Maine Legislature, Session 127, LD 1502
Committee Amendment CA_A_H530 (House)
Amends: 12 MRSA §6171, 12 MRSA §6302-A, 12 MRSA §6302-B, 12 MRSA §6505-A, 12 MRSA §6575, 12 MRSA §6575-A, 12 MRSA §6575-B

COMMITTEE AMENDMENT "A " to H.P. 1025, L.D. 1502, Bill, "An Act To 
Provide Flexibility in the Designation of the Closed Period for Elver Harvesting" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide Flexibility in the Administration of the Elver Fishery' 
Amend the bill by striking out everything after the title and before the summary 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, this legislation changes the length of the elver fishing season and 
eliminates certain limitations on elver fishing; and 
Whereas, to provide clarity to the Department of Marine Resources and holders of 
elver fishing licenses prior to the start of the elver fishing season, which will begin in 
March, this legislation needs to take effect as soon as possible; 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 MRSA §6171, sub-§3, 118 and C, as enacted by PL 2015, c. 80, § 1, 
are amended to read: 
B. An unusually large concentration of fishermen might deplete the supply of any 
marine organism; eF 
C. Immediate action is necessary to comply with changes to federal or interstate 
fisheries management plans.,.,;_m: 
Sec. 2. 12 MRSA §6171, sub-§3, ~ 
is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1025, L.D. 1502 
D. 
Immediate action is necessary pursuant to section 6302-B, subsection 4 to 
prohibit elver fishing. 
Sec. 3. 12 MRSA §6302-A, sub-§3, ,fE, as repealed and replaced by PL 2013, c. 
588, Pt. E, §5, is amended to read: 
E. 
The Penobscot Nation may not issue to members of the nation commercial 
licenses for the taking of elvers in any calendar year that exceed the following limits: 
( 1) Eight licenses that allow the taking of elvers with 2 pieces of gear. eARsistiAI'! 
ef aR elver fvke net and a die net. er 2 fv.ke Rets; and 
(2) Forty licenses that allow the taking of elvers with one piece of gear 0ftly; 
eonsisting of either an elver fyke net or a dip net. 
The commissioner shall by rule allow the Penobscot Nation to issue additional 
commercial licenses to members of the nation for the taking of elvers if the 
commissioner and the Penobscot Nation determine that elver resources are sufficient 
to permit the issuance of new licenses; 
Sec. 4. 12 MRSA §6302-A, sub-§3, ,rE-1, as repealed and replaced by PL 2013, 
c. 485, §2, is amended to read: 
E-1. 
The Passamaquoddy Tribe may issue to members of the tribe commercial 
licenses for the taking of elvers S\ibjeet to the felloi,ving li:mitatioss: with one piece of 
gear; 
(1) A lieense that allows the taking of elvers vtith an el11er fyke net may be 
isst1ed to osly 6 meFR0ers of the tribe in any ealendar year; asd 
(2) A lieeRSe that allows the takisg of elvers 1,vith: as el-ver difl set may be isst1ed 
to asv member of the tribe sot amhoriz3ed to t1se an eh•er f\•ke aet: 
· 
Sec. 5. 12 MRSA §6302-A, sub-§3, ,fG, as enacted by PL 2013, c. 8, §1, is 
repealed and the following enacted in its place: 
G. The Houlton Band of Maliseet Indians or its agent may not issue to members of 
the band more than 16 commercial licenses for the taking of elvers in any calendar 
year except that the commissioner shall by rule allow the Houlton Band of Maliseet 
Indians or its agent to issue additional commercial licenses for the taking of elvers to 
members of the band if the commissioner determines that elver resources are 
sufficient to permit the issuance of new licenses. 
Sec. 6. 
MRSA §6302-B, sub-§2, as enacted by PL 2013, c. 485, §3, is 
repealed and the following enacted in its place: 
2. Individual allocations. The following provisions govern the allocation of the 
quotas established under subsection 1 to members of each of the federally recognized 
Indian tribes. 
A. The commissioner may enter into an agreement with a federally recognized 
Indian tribe in the State that does not provide for individual allocations of the quota 
established under subsection 1 to members of that tribe, nation or band. If the 
COMMITTEE AMENDMENT 
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~ci7 
IO 
COMMITTEE AMENDMENT" A" to H.P. 1025, L.D. 1502 
commissioner enters into an agreement pursuant to this paragraph, the following 
provisions apply. 
(I) An elver transaction card under section 6305 must be issued to each person 
to whom the tribe, nation or band issues a license under section 6302-A, 
subsection 3. 
(2) The holder of a license issued under section 6302-A, subsection 3 must meet 
the reporting requirements established by rule pursuant to section 6173. 
(3) The quota established under subsection 1 applies to all elvers taken under 
licenses issued by the tribe, nation or band under section 6302-A, subsection 3. 
( 4) When the quota established under subsection 1 is reached, the department 
shall notify the tribe, nation or band. 
When the quota established under 
subsection 1 is reached, the holder of a license issued by the tribe, nation or band 
under section 6302-A, subsection 3 may not thereafter take. possess or sell elvers. 
Taking, possessing or selling elvers after the quota established under subsection 1 
is reached is deemed a violation by the license holder of the prohibition on 
fishing in excess of the person's individual quota in section 6505-A, subsection 
3-A. 
B. This paragraph governs the allocation of the quotas established in subsection 1 to 
members of a federally recognized Indian tribe in the State when the commissioner 
has not entered into an agreement with members of the tribe, nation or band under 
paragraph A that applies to members of that tribe. nation or band. 
( 1) If there is no agreement under paragraph A between the commissioner and 
the Passamaquoddy Tribe, 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. 
(2) If there is no agreement under paragraph A between the commissioner and 
the Penobscot Nation, 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. 
(3) If there is no agreement under paragraph A between the commissioner and 
the Houlton Band of Maliseet Indians, the Houlton Band of Maliseet Indians 
shall allocate to each person to whom it issues a license under section 6302-A, 
subsection 3, paragraph Ga 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 
COMMITTEE AMENDMENT 
is 
~ 
COMMITTEE AMENDMENT" ,A" to H.P. 1025, L.D. 1502 
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. 
( 4) If there is no agreement under paragraph A between the commissioner and 
the Aroostook Band of Micmacs, 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 and may 
not alter any individual allocations once documentation has been provided to the 
department. 
The department shall issue an elver transaction card under section 6305 to a person 
licensed by the Passamaquoddy Tribe under section 6302-A, subsection 3, paragraph E-1, 
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 section 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. 
Sec. 7. 12 MRSA §6302-B, sub-§4 is enacted to read: 
4. 
Emergency prohibition. The commissioner may adopt emergency rules to 
prohibit the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook Band of 
Micmacs or the Houlton Band of Maliseet Indians from fishing for elvers under a license 
issued under this Title if the commissioner finds that the tribe, nation or band has 
authorized fishing for elvers in a way that the commissioner determines will cause the 
tribe. nation or band to exceed the annual allocation set forth in subsection 1. 
Sec. 8. 12 MRSA §6505-A, sub-§5, as amended by PL 1999, c. 534, §3, is 
further amended to read: 
5. Gear. Exeept as prohil3ited l3y seetioa 6575 B, stmseetioa 2 B, a A person issued 
a license under this section may utilize one elver fyke net, one Sheldon eel trap or one dip 
net to fish for or take elvers without paying the fee required for a first net or trap pursuant 
to section 6505-B. A license issued under this section must identify the number and types 
of nets that the license holder may use pursuant to this section aae~ section 6505-B and 
section 6575-B. 
Sec. 9. 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 to noon on 
May 31st June 7th. 
Sec. 10. 12 MRSA §6575, sub-§1-A is enacted to read: 
""'#' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1025, L.D. 1502 
1-A. Federally recognized Indian tribes; violation. It is unlawful for a person to 
fish for or take elvers in violation of rules adopted by the commissioner under section 
6302-B. subsection 4. 
Sec. 11. 12 MRSA §6575-A, as amended by PL 2013, c. 468, §26, is repealed. 
Sec. 12. 12 MRSA §6575-B, sub-§2-B, as amended by PL 2005, c. 533, §3, is 
further amended to read: 
2-B. Type and amount of gear. It is unlawful for a person to immerse elver fishing 
gear other than the types and amounts authorized pursuant to this subseetioa listed on the 
person's license pursuant to section 6505-A, subsection 5. A person may not immerse an 
amount of elver fishing gear that exceeds the amount of elver fishing gear listed on the 
person's license for the previous elver fishing season. A person may elect which types of 
gear are listed on the person's license prior to the issuance of the license for that elver 
fishing season. The commissioner may adopt rules to implement this subsection. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375. subchapter 2-A. 
,"',. 
A persoa vko is issued aa elver fishiag lieense pursuaat to seetioa e505 A, 
subseetioa 2, paragraph C may aot immerse elver fishiag gear other than th.e twes 
aad amouats of gear the persoa was authorized to immerse duriag the previous elver 
fishiag seasoa, e*.eept that a persoa may surreader the authority to use aa elver fyke 
Bet ia order· to use aa elver dip aet. 
Sec. 13. 12 MRSA §6575-B, sub-§8, as enacted by PL 2013, c. 468, §27, is 
repealed. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill and changes the title. This amendment allows a 
license holder in the elver fishery to choose which type of elver fishing gear the license 
holder employs. This amendment allows the Commissioner of Marine Resources to enter 
into an agreement with a federally recognized Indian tribe that does not require allocation 
of individual quota, as long as all elvers caught by the tribe, nation or band with whom 
the commissioner has entered into the agreement are tracked using elver transaction cards 
and reporting requirements are met. This amendment provides that, in the absence of an 
agreement between the commissioner and a federally recognized Indian tribe, individual 
allocations of elver fishing quota are required. 
This amendment provides that the 
commissioner may adopt emergency rules to close the elver fishery to a federally 
recognized Indian tribe if the commissioner finds that the tribe, nation or band has 
authorized fishing under a license issued under the Maine Revised Statutes, Title 12 that 
will cause the tribe, nation or band to exceed its overall annual elver fishing quota. This 
amendment extends the end of the elver fishing season from May 31st to June 7th. This 
amendment removes the provision of law that prohibits the taking of elvers from noon 
Friday to noon Sunday. It also removes the prohibition on the use of an elver fyke net to 
take elvers from the St. Croix River and its tributaries. 
COMMITTEE AMENDMENT 
IISCALNOTE REQUUW> 
(Set ataclled) 
Approved: 02/24/16 
;:t,,/aC! 
LD 1502 
LR 2424(02) 
An Act To Provide Flexibility in the Designation of the Closed Period for Elver Harvesting 
Fiscal Note for Bill as Amended by Committee Amendment •'/J,•( H·SJo) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
May establish new Class D crimes. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Marine Resources to implement this legislation are expected to be minor 
and can be absorbed within existing budgeted resources. 
LR2424(02) - Fiscal Note - Page 1 of 1