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.

Sec. 6. 12 MRSA §§6575-F to 6575-H are enacted to read:

§6575-F.__Classification of elver fishing streams; limitations

1.__Classification by rule.__The commissioner shall by rule classify that portion of each river, brook and stream in the State below head of tide as either Class I, Class II or Class III elver waters based upon flow volume.__Class I waters are those waters with low-flow volume.__Class II waters are those waters with moderate-flow volume.__Class III waters are those waters with high-flow volume.

2.__Prohibition on Class I streams.__A municipality may petition the commissioner to close by rule all or a portion of the elver fishing waters located within that municipality.__The commissioner must hold a public hearing as part of any rule- making action on a municipality's petition to close elver fishing waters.

3.__Limitations on elver fyke nets and Sheldon eel traps.__It is unlawful for a person to fish for or take elvers with an elver fyke net or Sheldon eel trap from any river, brook or stream classified as Class I or Class II by the commissioner under subsection 1.

4.__Establishment of elver fyke net sites.__It is unlawful for a person to immerse an elver fyke net in the coastal waters unless that net is immersed on a site designated for the location of an elver fyke net.__The commissioner shall by rule designate sites on which elver fyke nets may be located in Class III waters.__Elver fyke net sites must be separated by a distance of at least 75 feet.

5.__Alternating sides on Class III waters.__It is unlawful for a person to fish for or take elvers during 2 consecutive calendar years from the same side of Class III waters.__The commissioner shall by rule establish a schedule for each Class