An Act To Create an Elver Exporter's License
Maine Legislature, Session 127, LD 1027
Committee: Marine Resources
Sponsors: KUMIEGA, MIRAMANT, PIERCE
Amends: 12 MRSA §6864, 12 MRSA §6865

Legislative Document 
No. 1027 
H.P. 710 
House of Representatives, March 24, 2015 
An Act To Create an Elver Exporter's License 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative KUMIEGA of Deer Isle. 
Cosponsored by Senator MIRAMANT of Knox and 
Representative: PIERCE of Dresden. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6864, sub-§1, as amended by PL 2011, c. 549, §9, is further 
amended to read: 
1.  License required.  A person may not buy, possess, ship, transport within state 
limits or sell elvers without an elver dealer's license.  It is unlawful for a person to possess 
elvers prior to the beginning of the elver season and or to possess elvers 5 days beyond 
the end of the elver season pursuant to section 6575. 
Sec. 2.  12 MRSA §6864, sub-§2, as amended by PL 2013, c. 301, §21, is further 
amended to read: 
2.  License limited.  An elver dealer's license authorizes the licensed activities at 
only one permanent facility.  For the purposes of this section, "permanent facility" means 
a permanent building that is owned or legally leased by the license holder and is not a 
dwelling.  A permanent facility must have holding tanks with water and aeration suitable 
to hold elvers. 
Sec. 3.  12 MRSA §6864, sub-§3, as amended by PL 2013, c. 468, §36, is further 
amended to read: 
3.  Supplemental license.  A supplemental license must be obtained for each vehicle 
or additional permanent facility.  Beginning with the 2015 elver fishing season, a 
supplemental license authorizes a person to buy elvers from a person licensed under 
subsection 1 at the permanent facility identified on that person's license or to possess, 
ship, transport within state limits or sell elvers. 
Sec. 4.  12 MRSA §6864, sub-§7-B is enacted to read: 
7-B.  Use of elver dealer transaction card required.  The department shall issue to 
a dealer licensed under this section an elver dealer transaction card for each dealer license 
and for each supplemental license to record all sales, purchases and transportation of 
elvers.  All transfers of elvers between any license type requires the use of an elver dealer 
transaction card, including all transactions between holders of elver dealer licenses and 
holders of elver dealer supplemental licenses.  A person licensed in accordance with this 
section must have access to an operational Internet connection when using an elver dealer 
transaction card to buy, sell or transport elvers. 
Sec. 5.  12 MRSA §6864, sub-§§9 and 11, as enacted by PL 2011, c. 549, §9, are 
amended to read: 
9.  Authorized representatives.  A person who holds an elver dealer's license may 
identify authorized representatives to act on the license holder's behalf to purchase elvers 
at locations other than the permanent facility. The elver dealer's license holder must 
identify authorized representatives on forms provided by the department. 
11.  Shipment or transport of elvers outside state limits.  A person who holds an 
elver dealer's license or the elver dealer's license holder's authorized representative under 
subsection 9 who is licensed under section 6865, subsection 9 must transport elvers to a 
permanent facility identified on the license holder's license prior to shipping or 
transporting elvers outside state limits. 
Sec. 6.  12 MRSA §6865 is enacted to read: 
§6865.  Elver exporter's license 
1.  License required.  A person may not engage in the activities authorized under 
this section without an elver exporter's license. 
2.  License activities.  A person who holds an elver exporter's license may buy elvers 
from a person licensed under section 6864 and transport elvers beyond the state limits. 
3.  License limited.  An elver exporter's license authorizes the licensed activities on 
only one vehicle, owned, leased or rented by the license holder. 
4.  Use of transaction card required.  The department shall issue to an exporter 
licensed under this section an elver dealer transaction card to record all sales and 
purchase transactions involving another person licensed in accordance with section 6864.  
A person licensed in accordance with this section may not buy or transfer elvers to or 
from another individual licensed in accordance with section 6864 without using an elver 
dealer transaction card.  A person licensed in accordance with this section must have 
access to an operational Internet connection when using an elver dealer transaction card 
to buy or sell elvers. 
5.  Fee.  The fee for an elver exporter's license is $5,000. 
6.  Disposition of fees.  All fees collected under this section accrue to the Eel and 
Elver Management Fund established in section 6505-D. 
7.  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. 
8.  Records.  An exporter licensed under this section shall maintain records as 
specified by the commissioner in rule.  Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
9.  Authorized representatives.  A person who holds an elver exporter's license may 
identify authorized representatives to act on the license holder's behalf to transport elvers 
beyond state limits. The elver exporter's license holder must identify authorized 
representatives on forms provided by the department. 
SUMMARY 
This bill creates a new license for elver dealers who are exporting elvers out of the 
State.