HP0219
LD 286
Session - 128th Maine Legislature
C "A", Filing Number H-426, Sponsored by
LR 1064
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by inserting after section 1 the following:

Sec. 2. 12 MRSA §6505-A, sub-§1-C,  as amended by PL 2013, c. 485, §6, is further amended to read:

1-C. Elver transaction card issued.   The department may issue an elver transaction card to each license holder under this section and to each license holder under section 6302-A, subsection 3, paragraphs E, E-1, F and G in accordance with section 6302-B. The department may charge each license holder an annual fee for the elver transaction card that may not exceed $35. Fees collected under this subsection must be deposited in the Eel and Elver Management Fund under section 6505-D. The license holder shall use the elver transaction card to meet electronic reporting requirements established by rule pursuant to section 6173. The elver transaction card must include the license holder's name and license number.’

Amend the bill in section 2 in subsection 1-F in the first line (page 1, line 16 in L.D.) by striking out the following: " shall issue" and inserting the following: ' may issue up to'

Amend the bill in section 5 in subsection 2-C in the first paragraph in the 5th line (page 1, line 29 in L.D.) by striking out the following: " one" and inserting the following: ' 5'

Amend the bill in section 5 in subsection 2-C in the first paragraph in the 6th line (page 1, line 30 in L.D.) by striking out the following: " application" and inserting the following: ' applications'

Amend the bill in section 5 in subsection 2-C in the first paragraph by striking out all of the last sentence (page 1, lines 30 and 31 in L.D.) and inserting the following: ' In any year in which a lottery is held, the lottery must be held on or before February 15th.'

Amend the bill in section 5 in subsection 2-C in the 2nd paragraph in the first line (page 1, line 32 in L.D.) by striking out the following: " shall" and inserting the following: ' may'

Amend the bill by striking out all of sections 6 and 7 and inserting the following:

Sec. 6. 12 MRSA §6505-A, sub-§4,  as amended by PL 2013, c. 468, §25, is further amended to read:

4. Fees.   Fees for elver fishing licenses are:
A. For a person who is a resident, $105 $205;
B. For a person who is a nonresident, $442 $542;
C. For a person who is a resident with crew, $305 $405; and
D. For a person who is a nonresident with crew, $1,326 $1,426.

Fifty One hundred and fifty dollars of each license fee collected under paragraphs A and B and $200 $300 of each license fee collected under paragraphs C and D accrue to the Eel and Elver Management Fund established in section 6505-D.

Sec. 7. 12 MRSA §6575-J,  as enacted by PL 2013, c. 301, §13, is amended to read:

§ 6575-J. Seizure of illegally harvested elvers

In addition to any other penalty imposed, elvers that are purchased or possessed that were taken in violation of any law or rule pertaining to elvers are subject to seizure by any officer authorized to enforce this Part. The entire bulk pile containing illegally harvested elvers may be seized. For the purposes of this section, "bulk pile" means all elvers in the possession of a holder of an elver fishing license, an elver dealer's license or an elver exporter's license who fished for, took, possesses or bought elvers in violation of any law or rule regulating elvers under this Part.

Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.

MARINE RESOURCES, DEPARTMENT OF

Bureau of Marine Science 0027

Initiative: Provides allocations to the Eel and Elver Management Fund to reflect increased revenue from proceeds of the reinstated lottery for elver licenses, an increased license surcharge and an increased swipe card fee.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19
All Other
$152,500 $152,500
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $152,500 $152,500

Bureau of Policy and Management 0258

Initiative: Provides allocations for administrative costs funded by an increase in revenue from proceeds of the reinstated lottery for elver fishing licenses.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19
All Other
$40,000 $40,000
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $40,000 $40,000

MARINE RESOURCES, DEPARTMENT OF
DEPARTMENT TOTALS 2017-18 2018-19
OTHER SPECIAL REVENUE FUNDS
$192,500 $192,500
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $192,500 $192,500

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment allows the Department of Marine Resources to charge the holder of an elver fishing license an annual fee not to exceed $35 for an elver transaction card. The amendment allows an applicant to the elver fishing license lottery to submit up to 5 applications per lottery year. The amendment removes the requirement in the bill that the Commissioner of Marine Resources hold an elver fishing license lottery each year. The amendment removes the provision of the bill that allocates at least 4 pounds of elver fishing quota to each license holder. The amendment increases the fees for all elver fishing licenses. The amendment removes the provision in the bill that requires rules regarding elver fishing quotas to provide a method for redistributing quota that will not be fished; that authority exists in current law. The amendment defines "bulk pile" for the purposes of the law on the seizure of illegally harvested elvers as all elvers in the possession of a harvester or dealer who fished for, took, bought or possesses elvers in violation of any law or rule regulating elvers. The amendment removes the requirement in the bill that the commissioner issue 425 elver fishing licenses each year and instead allows the commissioner to issue up to 425 licenses. The amendment adds an appropriations and allocations section.

FISCAL NOTE REQUIRED
(See attached)


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