An Act To Provide for an Elver Dealer's License for the Houlton Band of Maliseet Indians

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 increases the ability of the Houlton Band of Maliseet Indians to harvest elvers; and

Whereas,  the elver resource is a traditional resource of the Houlton Band of Maliseet Indians; and

Whereas,  the Constitution of Maine, Article X, Section 5, which was enacted in 1820 and remains in full force, provides that the State shall assume and perform all the duties and obligations of the Commonwealth of Massachusetts towards the Indians within the State, whether the same arise from treaties or otherwise, and this provides for the right of the Houlton Band of Maliseet Indians to bring elvers to trade or sale within the State; and

Whereas,  this legislation must take effect before the end of the 90-day period in time for the open season on elvers from March 22nd to June 7th; 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,

Sec. 1. 12 MRSA §6864, sub-§14  is enacted to read:

Sec. 2. 2017 elver dealer licensing year. Notwithstanding the Maine Revised Statutes, Title 12, section 6864, subsection 1-A, the department shall issue an elver dealer's license to the Houlton Band of Maliseet Indians for the 2017 elver fishing season.

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

summary

This bill requires the Department of Marine Resources to issue an elver dealer's license to the Houlton Band of Maliseet Indians at no cost annually.