An Act To Promote and Encourage the Sustainability of the Elver Fishery
Sec. 1. 12 MRSA §6404-H, as amended by PL 2013, c. 49, §4, is further amended to read:
§ 6404-H. Suspension or revocation based on conviction of an elver fishing license offense
The commissioner shall suspend or revoke a person's eligibility for the elver lotteries lottery under section 6505-A, subsection 2-B 2-C if the person is convicted of an offense in violation of section 6505-A, subsection 1.
Sec. 2. 12 MRSA §6505-A, sub-§1-F is enacted to read:
Sec. 3. 12 MRSA §6505-A, sub-§2, ¶F, as enacted by PL 2011, c. 549, §3, is amended to read:
Sec. 4. 12 MRSA §6505-A, sub-§2-B, as amended by PL 2013, c. 301, §9, is repealed.
Sec. 5. 12 MRSA §6505-A, sub-§2-C is enacted to read:
The commissioner shall 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. 6. 12 MRSA §6505-A, sub-§3-A, ¶¶B and C, as enacted by PL 2013, c. 485, §7, are amended to read:
Sec. 7. 12 MRSA §6505-A, sub-§3-A, ¶D is enacted to read:
This bill sets at 425 the number of elver fishing licenses issued each year, not including licenses issued to federally recognized Indian tribes. The bill requires the Commissioner of Marine Resources to hold a lottery for elver fishing licenses through which a person who did not possess an elver fishing license in the previous year may become eligible to obtain one. The bill establishes a minimum allocation of elver quota to each elver fishing license holder of 4 pounds, unless that amount causes the State to exceed its overall annual quota set by the Atlantic States Marine Fisheries Commission. The bill requires the commissioner to adopt rules that provide a method for redistributing quotas allocated to deceased elver fishing license holders or license holders who for another reason will not fish those quotas.