3. Rebuttable presumption. It is a rebuttable presumption that an elver fyke net, a Sheldon eel trap or elver dip net immersed in any coastal waters of the State from noon of March 15th to midnight of June 15th is immersed for the purpose of fishing for or taking elvers.

4. Prohibition on fishing from boats. It is unlawful for a person to set or tend an elver fyke net or a Sheldon eel trap from a boat or to fish for or take elvers from a boat. A person may transport an elver fyke net, a Sheldon eel trap or a dip net by boat.

5. Use of dip nets. It is unlawful for a person to use a dip net to fish for or take elvers while standing in the coastal waters of the State.

Sec. 7. 12 MRSA §6575-C, sub-§4, as enacted by PL 1995, c. 536, Pt. A, §9, is repealed.

Sec. 8. 12 MRSA §6575-D, sub-§1, as enacted by PL 1995, c. 536, Pt. A, §9, is amended to read:

1. Prohibition. It is unlawful for any person other than a marine patrol officer or the license holder issued a tag for an elver fyke net or a Sheldon eel trap to utilize, transfer, alter, possess or in any manner handle the net or trap unless that person has been issued an elver fishing license under section 6505-A and:

A. Is in the presence of the license holder issued a tag for the net or trap and has the license holder's permission to tend the net or trap; or

B. Is issued written permission by a marine patrol officer to tend the net or trap of a license holder issued a tag. A marine patrol officer may issue a person written permission for the person to tend the license holder's net or trap if the license holder can not tend the net or trap because of a disability or personal or family medical condition.

SUMMARY

Under certain conditions, current law permits the taking of elvers by fyke net, Sheldon eel trap or dip net. This bill removes from the law all permission to fish for or take elvers by use of a fyke net.