HP1025, LD 1502, item 1, An Act To Provide Flexibility in the Designation of the Closed Period for Elver Harvesting

An Act To Provide Flexibility in the Designation of the Closed Period for Elver Harvesting

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, this legislation requires the Commissioner of Marine Resources to adopt rules to improve elver fishing in Maine; and

Whereas, in order for the rules to apply to the upcoming elver fishing season, which will begin in March, this legislation needs to take effect as soon as possible; 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 §6575-A, sub-§1, as amended by PL 2013, c. 468, §26, is further amended to read:

1. Prohibition. It is unlawful for a person to fish for or take elvers from noon Friday to noon Sunday during the weekly 48-hour closed period established prior to the start of the open season on elvers by the commissioner by rule. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 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.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill requires the Commissioner of Marine Resources to set by rule prior to the start of the elver fishing season the weekly 48-hour closed period for elver harvesting to increase fishing opportunities. It eliminates the provision of current law that provides a weekly closed period from noon Friday to noon Sunday.

HP1025 LD 1502	Session - 127th Maine Legislature		LR 2424 Item 1
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