An Act to Amend the Laws Pertaining to Elver Fishing
Maine Legislature, Session 132, LD 0044
Sponsors: HEPLER
Amends: 12 MRSA §6374, 12 MRSA §6505-A, 12 MRSA §6575-M

Legislative Document
No. 44
H.P. 8
House of Representatives, January 8, 2025
An Act to Amend the Laws Pertaining to Elver Fishing
(EMERGENCY)
Submitted by the Department of Marine Resources pursuant to Joint Rule 204.
Received by the Clerk of the House on January 6, 2025.  Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative HEPLER of Woolwich.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, fishing for or taking elvers within the waters of the State may occur only 
between March 22nd and June 7th; and
Whereas, the taking of elvers must remain within the State's elver quota as established 
by the Atlantic States Marine Fisheries Commission; and
Whereas, this legislation must take effect before the 90-day period expires to be in 
effect for the 2025 elver fishing season; 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 §6374, sub-§3-A, ¶F, as enacted by PL 2019, c. 163, §3, is 
amended to read:
F.  Permanent Not less than 3 years from the date of a first finding of a violation and 
permanent for a first 2nd finding of a violation of section 6505‑A, subsection 1‑D.
Sec. 2.  12 MRSA §6505-A, sub-§1, as amended by PL 2013, c. 485, §5, is further 
amended by repealing the first blocked paragraph.
Sec. 3.  12 MRSA §6505-A, sub-§1-A, as amended by PL 2023, c. 81, §1, is further 
amended to read:
1-A.  Licensed activity.  The holder of an elver fishing license or elver fishing license 
with crew may fish for, take or possess elvers.  The holder of an elver fishing license or 
elver fishing license with crew may transport and sell within state limits elvers that the 
license holder has taken.  The holder of an elver fishing license with crew is liable for the 
licensed activities under this subsection of an unlicensed crew member assisting that 
license holder pursuant to subsection 1‑B.  The license holder to whom a tag is issued or 
the unlicensed crew member may empty an elver fyke net.  The license holder to whom a 
tag is issued may allow an individual who also holds an elver fishing license to empty the 
elver fyke net of the license holder whose tag is on the net while under that license holder's 
direct supervision.
Sec. 4.  12 MRSA §6505-A, sub-§2-C, as enacted by PL 2017, c. 250, §6, is 
amended to read:
2-C.  Elver license lottery.  The commissioner shall establish an elver fishing license 
lottery under which a person may become eligible for that license under subsection 2, 
paragraph F.  An applicant to the lottery must 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 5 elver fishing license lottery 
applications per lottery year.  In any year in which a lottery is held, the lottery must be held 
on or before February March 15th.
The commissioner may adopt rules to implement the elver fishing license lottery, 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 elver fishing license lottery.
Sec. 5.  12 MRSA §6575-M is enacted to read:
§6575-M.  Limits on possession of elvers
1.  Time.  Except as allowed under subsection 2, it is unlawful for an individual 
licensed under section 6302-A, subsection 3 or section 6505-A to possess elvers for longer 
than 6 hours, unless that individual is also licensed under section 6864 or section 6865.
2.  Exception.  An individual licensed under section 6302-A, subsection 3 or section 
6505-A may possess elvers for longer than 6 hours if the individual has notified a marine 
patrol officer of circumstances requiring the individual to possess elvers for longer than 6 
hours and has been granted permission by the marine patrol officer.
3.  Location.  It is unlawful for a person to possess elvers within a residential dwelling.
4.  Rules.  The commissioner may adopt rules to implement this section, including any 
requirements necessary for the enforcement of the prohibition on the possession of elvers 
under subsection 1. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2‑A.
5.  Violation.  A person who violates this section commits a Class E crime.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill amends several laws pertaining to elver fishing.  It amends the mandatory 
license suspension for selling elvers without using an elver transaction card from 
permanent for the first offense to 3 years for the first offense and permanent for a 2nd 
offense.  It allows the holder of an elver fishing license to have another license holder empty 
the fyke net when under the direct supervision of the license holder whose tag is on the net.  
It prohibits elver harvesters from holding elvers for longer than 6 hours and from holding 
elvers within a residential dwelling.  Violation of these provisions is a Class E crime.
The bill also changes the date the elver fishing lottery is held from February 15th to 
March 15th.