2013 Maine Revised Statutes
TITLE 12: CONSERVATION
Chapter 625: WHOLESALE AND RETAIL LICENSES
12 §6864. Elver dealer's license

Part 9: MARINE RESOURCES
Subpart 2: LICENSING

6864. Elver dealer's license

1. License required. A person may not buy, possess, ship, transport or sell elvers without an elver dealer's license. It is unlawful for a person to possess elvers prior to the beginning of the elver season and to possess elvers 5 days beyond the end of the elver season pursuant to section 6575.

[ 2011, c. 549, 9 (AMD) .]

1-A. Limits on issuance. The department may not issue an elver dealer's license or a supplemental license for the following licensing year after February 1st of the current licensing year.

[ 2013, c. 301, 20 (NEW) .]

2. License limited. An elver dealer's license authorizes the licensed activities at only one permanent facility. For the purposes of this section, "permanent facility" means a permanent building that is owned or legally leased by the license holder and is not a dwelling.

[ 2013, c. 301, 21 (AMD) .]

3. Supplemental license. A supplemental license must be obtained for each vehicle or additional permanent facility.

[ 2011, c. 549, 9 (AMD) .]

4. Fee. The fee for an elver dealer's license is $1,213 and the fee for each supplemental license is $63.

[ 2009, c. 213, Pt. G, 44 (AMD) .]

5. Disposition of fees. All fees collected under this section accrue to the Eel and Elver Management Fund established in section 6505-D, except that $376 accrues to the General Fund for each elver dealer's license sold under this section and $52 accrues to the General Fund for each supplemental license sold under this section.

[ 2009, c. 213, Pt. G, 45 (AMD) .]

6. Reporting.

[ 2003, c. 170, 5 (RP) .]

7. 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, 16 (AMD) .]

8. Reporting. A dealer licensed under this section shall report the total annual harvest of elvers received by that dealer to the department within 30 days after the end of the elver fishing season. The commissioner shall prescribe how that data and any other information necessary for a meaningful analysis of the elver harvest are reported to the department.

[ 2005, c. 533, 4 (NEW) .]

9. Authorized representatives. A person who holds an elver dealer's license may identify authorized representatives to act on the license holder's behalf to purchase elvers at locations other than the permanent facility. The elver dealer's license holder must identify authorized representatives on forms provided by the department.

[ 2011, c. 549, 9 (NEW) .]

10. Purchase of elvers. A person who holds an elver dealer's license, or the authorized representative of that person under subsection 9, may purchase elvers from licensed harvesters at locations other than the permanent facility identified on the license holder's license. The license holder or the license holder's authorized representative shall keep a record that identifies each harvester from which elvers were purchased and the amount of elvers purchased from each harvester. The license holder or the license holder's authorized representative shall make the record available for inspection by a marine patrol officer. The license holder or the license holder's authorized representative may not purchase elvers with any form of payment other than a check or cashier's check that identifies both the seller and the buyer, unless the purchaser provides the seller a written or electronic receipt that identifies both the seller and buyer, each of whom must be a person holding a license issued under this section, a person who, pursuant to subsection 9, is an authorized representative of a person holding a license issued under this section or a person holding a license issued under section 6505-A.

[ 2013, c. 301, 22 (AMD) .]

11. Shipment or transport of elvers outside state limits. A person who holds an elver dealer's license or the elver dealer's license holder's authorized representative under subsection 9 must transport elvers to a permanent facility identified on the license holder's license prior to shipping or transporting elvers outside state limits.

[ 2011, c. 549, 9 (NEW) .]

12. Nonnegotiable checks.

[ 2013, c. 301, 23 (RP) .]

A holder of an elver dealer's license when buying directly from a harvester may buy only from a harvester who possesses an elver fishing license under section 6505-A. The harvester shall make the elver fishing license and a government-issued identification card with the harvester's photograph and date of birth available for inspection upon the elver dealer's license holder s request. [2013, c. 49, 19 (AMD).]

The commissioner may adopt rules to implement and enforce requirements under this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2011, c. 549, 9 (NEW).]

SECTION HISTORY

1995, c. 536, A10 (NEW). 1995, c. 536, A13 (AFF). 1999, c. 7, 15 (AMD). 2001, c. 421, B62,63 (AMD). 2001, c. 421, C1 (AFF). 2003, c. 20, WW27 (AMD). 2003, c. 170, 5 (AMD). 2005, c. 533, 4 (AMD). 2009, c. 213, Pt. G, 44, 45 (AMD). 2009, c. 478, 5 (AMD). 2011, c. 549, 9 (AMD). 2013, c. 49, 16-19 (AMD). 2013, c. 301, 20-23 (AMD).