An Act To Promote Equity in the Elver Aquaculture Quota
Maine Legislature, Session 129, LD 1130
Committee: Marine Resources
Sponsors: FAULKINGHAM, McDONALD
Amends: 12 MRSA §6505-A

Legislative Document
No. 1130
H.P. 819
House of Representatives, March 7, 2019
An Act To Promote Equity in the Elver Aquaculture Quota
(EMERGENCY)
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FAULKINGHAM of Winter Harbor.
Cosponsored by Representative: McDONALD of Stonington.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Department of Marine Resources must begin the process of 
organizing a lottery and adopting any necessary rules as soon as possible to meet the 
2020 application deadline established in this Act; 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 §6505-A, sub-§2-D is enacted to read:
2-D.  Lottery for aquaculture purposes; additional quota.  If the Atlantic States 
Marine Fisheries Commission establishes an elver quota to be allocated specifically for 
use in aquaculture, the commissioner shall establish a lottery under which a person who is 
licensed under this section may become eligible to fish this elver quota. An applicant to 
the lottery shall submit a lottery application together with a $35 nonrefundable 
application fee no later than January 15th of the same calendar year as the lottery. An 
applicant may not submit more than one application for the lottery established under this 
subsection.  In any year in which a lottery is held for this purpose, the lottery must be 
held on or before February 15th.
The commissioner shall assign the quota allocated specifically for use in aquaculture in 5-
pound increments to each successful lottery applicant. A successful applicant shall sell all 
elvers caught pursuant to this subsection to an aquaculture facility approved by the 
commissioner.
The commissioner may adopt rules to implement the lottery under this subsection, 
including provisions for the method and administration of the lottery. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Twenty-five dollars of the application fee collected under this subsection must be 
deposited in the Eel and Elver Management Fund established in section 6505-D and used 
to fund a life-cycle study of the elver fishery. Ten dollars of the application fee may be 
used by the department to fund the costs of administering the lottery.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill requires the Commissioner of Marine Resources to establish an elver fishing 
lottery if the Atlantic States Marine Fisheries Commission allocates an elver quota 
specifically for use in aquaculture.  To be eligible to apply to the aquaculture lottery, a 
person must hold a valid elver fishing license.  The bill requires the commissioner to 
allocate the quota in 5-pound increments to each successful lottery applicant and requires 
that elvers caught as a result of this lottery be sold to an aquaculture facility approved by 
the commissioner.  Twenty-five dollars of the $35 application fee is required to be 
deposited in the Eel and Elver Management Fund for a life-cycle study of the elver 
fishery, and $10 of the fee may be used by the department to fund the costs of 
administering the lottery.