SP0269, LD 731, item 1, An Act To Increase the Number of Elver Harvesting Licenses and Preserve the Fishery through Conservation

An Act To Increase the Number of Elver Harvesting Licenses and Preserve the Fishery through Conservation

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §12004-I, sub-§57-H is enacted to read:

57-H.

Marine Resources

Eel and Elver Advisory Council

Expenses Only

12 MRSA §6595

Sec. 2. 12 MRSA §6140-C is enacted to read:

§ 6140-C. Elver restocking program

The department shall work in consultation with the Department of Inland Fisheries and Wildlife and persons who hold elver fishing licenses to establish an elver restocking program under which a portion of the elvers harvested in this State is transported and released alive above the first obstruction, dam or high-water mark in the rivers to which the elvers are returning.

Sec. 3. 12 MRSA §6505-A, sub-§2-B, as enacted by PL 2011, c. 549, §4, is amended to read:

2-B. Elver lotteries. The commissioner shall establish a dual lottery system under which the number of pieces of gear authorized does not exceed the number of pieces of gear authorized as of December 31, 2011 specified in subsection 2-D.

A. The commissioner shall establish an elver gear lottery under which gear authorizations for use under a license issued under subsection 1 that is not renewed become available to other license holders in the elver gear lottery.

(1) The elver gear lottery must be held on or before February 15th of each calendar year beginning in 2013.

(2) In order to be eligible for the elver gear lottery, a person must hold an elver fishing license pursuant to subsection 1 and must have authorization to use only a dip net.

(3) In order to be eligible for the elver gear lottery, a person must submit to the Commissioner of Marine Resources a lottery application together with a $25 nonrefundable application fee no later than January 15th for the lottery to be held by the following February 15th.

(4) A person may submit no more than one elver gear lottery application per lottery year.

(5) A person selected in the elver gear lottery must relinquish a dip net authorization that person holds in exchange for authorization to use an elver fyke net.

B. The commissioner shall establish an elver fishing license lottery under which a person who did not hold an elver fishing license in the previous calendar year may become eligible to obtain that license. The number of persons issued licenses under this paragraph may not exceed the number of individual gear authorizations remaining after the elver gear lottery.

(1) The elver fishing license lottery must take place after the elver gear lottery.

(2) The elver fishing license lottery must be held on or before February 15th of each calendar year beginning in 2013.

(3) In order to be eligible for the elver fishing license lottery, a person must submit a lottery application together with a $25 nonrefundable application fee no later than January 15th of the same calendar year as the lottery.

(4) A person may submit no more than one elver fishing license lottery application per lottery year.

The commissioner shall adopt rules no later than December 31, 2012 to implement the elver gear lottery and the elver fishing license lottery. The rules must include provisions for the method and administration of the lotteries. The elver gear lottery must be set up so that gear authorizations associated with a license that is not renewed go into the elver gear lottery. If a person who held a license that is not renewed has 2 authorized pieces of gear, the gear authorizations must be divided and made available to 2 lottery entrants. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Application fees collected under this subsection must be deposited in the Eel and Elver Management Fund established in section 6505-D.

Sec. 4. 12 MRSA §6505-A, sub-§§2-C and 2-D are enacted to read:

2-C. Special elver license lotteries in 2014 and 2015; eligibility and gear. The commissioner shall establish special elver fishing license lotteries in 2014 and 2015. The number of persons issued licenses under this subsection may not exceed 200.

A. The commissioner shall establish a special elver fishing license lottery to be held in 2014 and 2015 under which a person not eligible to obtain a license under subsection 2 who possessed an elver fishing license in the 1996, 1997 or 1998 calendar year may obtain an elver fishing license. The number of persons issued a license under this paragraph may not exceed 50 in 2014 or 50 in 2015. A person issued a license under this paragraph may use one elver fyke net or one dip net to fish for or take elvers. The person may enter the lottery pursuant to subsection 2-B to obtain authorization to use additional gear. A license issued under this paragraph must identify the number of pieces and type of gear that the license holder may use pursuant to this section and section 6505-B.

B. The commissioner shall establish a special elver fishing license lottery to be held in 2014 and 2015 under which a person who has never held an elver fishing license may obtain that license. The number of persons issued a license under this paragraph may not exceed 50 in 2014 or 50 in 2015. A person issued a license under this paragraph may use one elver fyke net or one dip net to fish for or take elvers. The person may enter the lottery pursuant to subsection 2-B to obtain authorization to use additional gear. A license issued under this paragraph must identify the number of pieces and type of gear that the license holder may use pursuant to this section and section 6505-B.

In order to be eligible for an elver fishing license lottery under this subsection, a person must submit to the commissioner a lottery application together with a $25 nonrefundable application fee no later than January 15th of the same calendar year as the lottery. A person may submit no more than one elver fishing license lottery application per lottery year. The commissioner shall adopt rules no later than December 31, 2013 to implement the special elver fishing license lotteries in 2014 and 2015. The rules must include provisions for the method and administration of the lotteries. The special elver fishing license lotteries must be set up so that gear authorizations associated with a license that is not renewed go into the elver gear lottery under subsection 2-B, paragraph A. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Application fees collected under this subsection must be deposited in the Eel and Elver Management Fund established in section 6505-D.

2-D. Gear limits. The number of pieces of gear that may be used in fishing for or taking elvers may not exceed:

A. In 2013, the number of pieces of gear authorized as of December 31, 2011;

B. In 2014, the number of pieces of gear specified in paragraph A, plus the up to 100 additional pieces of gear authorized in 2014 pursuant to subsection 2-C;

C. In 2015, the number of pieces of gear specified in paragraph B, plus the up to 100 additional pieces of gear authorized in 2015 pursuant to subsection 2-C; and

D. In 2016 and thereafter, the number of pieces of gear authorized as of December 31, 2011, plus the actual number of additional pieces of gear authorized in 2014 and 2015 pursuant to subsection 2-C.

Sec. 5. 12 MRSA §6505-D, sub-§2, as amended by PL 2011, c. 266, Pt. A, §17, is further amended to read:

2. Permissible uses. The commissioner may use the fund to research and manage the State's eel and elver resources, to enforce the laws related to eels and elvers and , to cover the costs associated with determining eligibility for elver fishing licenses and to reimburse Eel and Elver Advisory Council members for expenses pursuant to section 6595.

Sec. 6. 12 MRSA §6575, sub-§1, as amended by PL 1999, c. 7, §7, is further amended to read:

1. Open season. It is unlawful for a person to fish for or take elvers within the waters of the State except during the open season from noon on March 22nd April 1st to noon on May 31st.

Sec. 7. 12 MRSA §6575-A, first ¶, as amended by PL 2011, c. 549, §7, is further amended to read:

It is unlawful for a person to fish for or take elvers from noon Tuesday to noon Wednesday, and from noon Saturday Friday to noon Sunday. A person may leave an elver fyke net or a Sheldon eel trap in the waters of the State during the closed period if the net or trap is left in a condition that prevents the capture of elvers. The terminal portion of a fyke net cod end must contain a rigid device with an opening not less than 3 inches in diameter and not exceeding 6 inches in length that is unobstructed by any other portion of the net.

Sec. 8. 12 MRSA §6575-G is enacted to read:

§ 6575-G. Prohibition on harvesting yearlings; penalty

1. Prohibition on harvesting yearlings. A person who catches a yearling elver, as defined by the commissioner by rule, may not retain that yearling elver and shall immediately release that yearling elver alive into the waters from which it was caught. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

2. Penalty. A person who violates this section commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged.

Sec. 9. 12 MRSA c. 621, sub-c. 5 is enacted to read:

SUBCHAPTER 5

EEL AND ELVER ADVISORY COUNCIL

§ 6595. Eel and Elver Advisory Council

1. Appointment; composition. The Eel and Elver Advisory Council, referred to in this section as "the council" and established by Title 5, section 12004-I, subsection 57-H, consists of 11 members as follows:

A. Five members who are elver fishing license holders, 3 of whom are primarily elver harvesters and 2 of whom are elver dealer's license holders, appointed by the commissioner;

B. One member who is an officer of the department's Bureau of Marine Patrol, appointed by the commissioner;

C. Two members who are marine biologists specializing in eels and elvers, one of whom may be affiliated with the department, appointed by the commissioner;

D. One member who is a member of the general public and does not hold any license under this chapter, appointed by the commissioner;

E. One member who is a law enforcement officer with the Department of Inland Fisheries and Wildlife, Bureau of Warden Service, appointed by the Commissioner of Inland Fisheries and Wildlife; and

F. One member of the Senate who serves on the joint standing committee of the Legislature having jurisdiction over marine resources matters, appointed by the President of the Senate.

2. Purpose; duties. The council shall make recommendations to the commissioner and the joint standing committee of the Legislature having jurisdiction over marine resources matters concerning matters of interest to the State's eel and elver fishing industry, including, but not limited to, eel and elver fishery resource management, laws and rules, fishing seasons, licensing policies, size limitations, gear, the effect of new fishing technologies on eel and elver fishery resource management and considerations of scientific, economic, enforcement and other information relating to the biological sustainability and economic viability of the eel and elver fishery. The council shall consult with and invite the participation of the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook Band of Micmacs and the Houlton Band of Maliseet Indians.

3. Terms. All members of the council serve for terms of 3 years, except the member of the Senate, who serves for the duration of that member's elected term of office. A vacancy must be filled by the appointing authority for the unexpired portion of any term. Members, other than the member of the Senate, continue to serve until their successors are appointed.

4. Compensation. Members of the council are entitled to reimbursement for expenses according to Title 5, chapter 379. Reimbursement must be paid from the Eel and Elver Management Fund established in section 6505-D.

5. Quorum. A quorum is 7 members of the council, at least one of whom must be an elver fishing license holder.

6. Chair. The council shall annually choose one of its members to serve as chair for a one-year term.

7. Meetings. The council shall meet at least once a year. It may also meet at other times at the call of the chair or the commissioner.

summary

This bill establishes special elver fishing license lotteries in 2014 and 2015 under which a person who possessed an elver fishing license in 1996, 1997 or 1998 or a person who has never held an elver fishing license and is not otherwise eligible may obtain that license. Persons issued a license under these special lotteries may use one elver fyke net or one dip net to fish for or take elvers. The bill increases the overall number of pieces of gear that may be used for fishing for or taking elvers. The bill prohibits harvesting yearling elvers, as defined by the Commissioner of Marine Resources by rule and increases from 2 days to 3 days per week the closed period for elver fishing. The bill establishes the Eel and Elver Advisory Council to make recommendations to the commissioner and the Legislature regarding matters of interest to the State's eel and elver fishing industry. The bill requires the Department of Marine Resources to work with the Department of Inland Fisheries and Wildlife to establish an elver restocking program.

SP0269 LD 731	Session - 126th Maine Legislature		LR 1040 Item 1
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