An Act To Improve Enforcement in the Elver Fishery
Maine Legislature, Session 129, LD 1514
Committee: Marine Resources
Sponsors: McCREIGHT
Amends: 12 MRSA §6207, 12 MRSA §6374, 12 MRSA §6404-N, 12 MRSA §6505-A, 12 MRSA §6575-J, 12 MRSA §6865

Legislative Document
No. 1514
H.P. 1107
House of Representatives, April 9, 2019
An Act To Improve Enforcement in the Elver Fishery
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 McCREIGHT of Harpswell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6207, first ¶, as amended by PL 1989, c. 742, §3, is further 
amended to read:
Any marine organism, that is taken, bought, sold, shipped, transported or found in the 
possession of any person in violation of any provision of marine resources' resources 
laws, and all currency that is used in violation of any provision of marine resources laws 
is contraband and is subject to forfeiture in accordance with this section and section 6206. 
All equipment and vehicles used or possessed in violation of any provision of marine 
resources' resources laws are contraband and are subject to forfeiture.
Sec. 2.  12 MRSA §6374, sub-§3-A, ¶¶D and E, as enacted by PL 2017, c. 197, 
§4, are amended to read:
D.  Not less than 4 years from the date of a finding of a violation of section 6438-A; 
and
E.  Permanent for conduct that is grounds for suspension under section 6371, 
subsection 3, paragraph C.; and
Sec. 3.  12 MRSA §6374, sub-§3-A, ¶F is enacted to read:
F.  Permanent for a first finding of a violation of section 6505-A, subsection 1-D.
Sec. 4.  12 MRSA §6404-N is enacted to read:
§6404-N.  Revocation based on conviction of failing to record the sale of elvers with 
an elver transaction card
The commissioner shall permanently revoke the elver fishing license, elver dealer's 
license or elver exporter's license of any license holder convicted of violating section 
6505-A, subsection 1-D.
Sec. 5.  12 MRSA §6505-A, sub-§1-D, as enacted by PL 2013, c. 468, §24, is 
amended to read:
1-D.  Use of elver transaction card required.  The holder of an elver fishing license 
issued under this section or section 6302-A, subsection 3, paragraph E, E-1, F or G may 
not sell or transfer elvers the license holder has taken to an elver dealer licensed under 
section 6864 unless the holder of the elver fishing license presents to the elver dealer the 
elver transaction card issued to that person under subsection 1-C and that card is used to 
record the transaction between the license holder and the dealer so that the amount of 
elvers transferred or sold is deducted from the license holder's quota.
Sec. 6.  12 MRSA §6575-J, as amended by PL 2017, c. 250, §8, is further 
amended to read:
§6575-J.  Seizure of illegal elvers
In addition to any other penalty imposed, elvers that are taken, sold, purchased or 
possessed that were taken in violation of any law or rule pertaining to elvers are subject to 
seizure by any officer authorized to enforce this Part. The entire bulk pile containing 
illegally harvested illegal elvers may be seized.  For the purposes of this section, "bulk 
pile" means all elvers in the possession of a holder of an elver fishing license, an elver 
dealer's license or an elver exporter's license person who fished for, took, possesses or 
bought elvers in violation of any law or rule regulating elvers under this Part.
Sec. 7.  12 MRSA §6865, sub-§5, as enacted by PL 2015, c. 45, §6, is amended to 
read:
5.  Fees.  The fee for an elver exporter's license is $5,000.  If the department requires 
inspection of elvers prior to export, the department may charge up to $500 for each 
inspection.
SUMMARY
This bill clarifies the laws governing the use of the elver transaction card system and 
the seizure of illegal elvers.  It makes it explicit that any currency used in violation of a 
marine resources law may be taken through the libel process.  It requires license 
revocation for an individual who sells or purchases elvers without using the transaction 
card system.  Finally, it establishes that if the Department of Marine Resources requires 
inspection of elver shipments prior to export, the department may charge a fee of up to 
$500 per inspection.