2013 Maine Revised Statutes
TITLE 12: CONSERVATION
Chapter 621: FINFISH LICENSES
12 §6505-A. Elver fishing license

Part 9: MARINE RESOURCES
Subpart 2: LICENSING
Subchapter 1: LICENSES

6505-A. Elver fishing license

1. License required. A person may not fish for or take elvers or possess, ship, transport or sell elvers that the person has taken unless the person is issued one of the following elver fishing licenses under this section:

A. A resident elver fishing license for one device; [2003, c. 452, Pt. F, 11 (NEW); 2003, c. 452, Pt. X, 2 (AFF).]

B. A resident elver fishing license for 2 devices; [2003, c. 452, Pt. F, 11 (NEW); 2003, c. 452, Pt. X, 2 (AFF).]

C. A nonresident elver fishing license for one device; or [2003, c. 452, Pt. F, 11 (NEW); 2003, c. 452, Pt. X, 2 (AFF).]

D. A nonresident elver fishing license for 2 devices. [2003, c. 452, Pt. F, 11 (NEW); 2003, c. 452, Pt. X, 2 (AFF).]

[ 2003, c. 452, Pt. F, 11 (AMD); 2003, c. 452, Pt. X, 2 (AFF) .]

2. Eligibility. An elver fishing license may be issued only to an individual who:

C. Possessed an elver fishing license in the previous calendar year; [2011, c. 549, 3 (AMD).]

E. Did not possess an elver fishing license in the previous calendar year because the commissioner had suspended the person s license privileges for a length of time that included the previous calendar year; or [2011, c. 549, 3 (AMD).]

F. Becomes eligible to obtain an elver fishing license pursuant to the elver lotteries under subsection 2-B. [2011, c. 549, 3 (NEW).]

[ 2011, c. 549, 3 (AMD) .]

2-A. Elver license lottery.

[ 2005, c. 533, 2 (RP) .]

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, except that beginning in 2013 that number must be increased to include an additional 25 dip nets.

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. [2011, c. 549, 4 (NEW).]

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. [2011, c. 549, 4 (NEW).]

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.

Notwithstanding any other provision of this section, the commissioner may not hold a lottery under this subsection.

[ 2013, c. 301, 9 (AMD) .]

3. Limits on issuance.

[ 2013, c. 8, 3 (RP) .]

4. Fees. Fees for elver fishing licenses are:

A. For a person who is a resident, $105; and [2009, c. 213, Pt. G, 6 (AMD).]

B. For a person who is a nonresident, $442. [2009, c. 213, Pt. G, 6 (AMD).]

Fifty dollars of each license fee collected under this subsection accrues to the Eel and Elver Management Fund established in section 6505-D.

[ 2009, c. 213, Pt. G, 6 (AMD) .]

5. Gear. Except as prohibited by section 6575-B, subsection 2-B, a person issued a license under this section may utilize one elver fyke net, one Sheldon eel trap or one dip net to fish for or take elvers without paying the fee required for a first net or trap pursuant to section 6505-B. A license issued under this section must identify the number and types of nets that the license holder may use pursuant to this section and section 6505-B.

[ 1999, c. 534, 3 (AMD) .]

5-A. Possession of elvers. The holder of an elver fishing license may possess elvers only during the open season established in section 6575 and for up to 6 hours beyond the end of the open season.

[ 2013, c. 301, 10 (NEW) .]

6. Minimum age. A person who is under 15 years of age may not fish for or take elvers.

[ 2001, c. 421, Pt. B, 28 (AMD); 2001, c. 421, Pt. C, 1 (AFF) .]

7. Nonresident licenses; reciprocity with other states. A nonresident is eligible to purchase an elver fishing license only if the nonresident documents to the commissioner that the nonresident's state of residence allows Maine residents to purchase an elver license and fish for elvers in that state.

[ 1999, c. 7, 5 (NEW) .]

8. Violation.

[ 2013, c. 49, 8 (RP) .]

8-A. Violation. A person who violates this section commits a Class D crime for which a fine of $2,000 must be imposed, none of which may be suspended. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

[ 2013, c. 49, 9 (NEW) .]

SECTION HISTORY

1995, c. 536, A8 (NEW). 1997, c. 297, 1,2 (AMD). 1999, c. 7, 2-5 (AMD). 1999, c. 534, 1-3 (AMD). 2001, c. 421, B27-29 (AMD). 2001, c. 421, C1 (AFF). 2003, c. 20, WW7 (AMD). 2003, c. 452, F11 (AMD). 2003, c. 452, X2 (AFF). 2005, c. 533, 1,2 (AMD). 2007, c. 615, 15 (AMD). 2009, c. 213, Pt. G, 6 (AMD). 2011, c. 549, 3-5 (AMD). 2013, c. 8, 2, 3 (AMD). 2013, c. 49, 8, 9 (AMD). 2013, c. 301, 9, 10 (AMD).