An Act To Improve Enforcement in the Elver Fishery

Sec. 1. 12 MRSA §6207, first ¶,  as amended by PL 1989, c. 742, §3, is further amended to read:

Any marine organism , that is taken, bought, sold, shipped, transported or found in the possession of any person in violation of any provision of marine resources' resources laws , and all currency that is used in violation of any provision of marine resources laws is contraband and is subject to forfeiture in accordance with this section and section 6206. All equipment and vehicles used or possessed in violation of any provision of marine resources' resources laws are contraband and are subject to forfeiture.

Sec. 2. 12 MRSA §6374, sub-§3-A, ¶¶D and E,  as enacted by PL 2017, c. 197, §4, are amended to read:

Sec. 3. 12 MRSA §6374, sub-§3-A, ¶F  is enacted to read:

Sec. 4. 12 MRSA §6404-N  is enacted to read:

§ 6404-N.  Revocation based on conviction of failing to record the sale of elvers with an elver transaction card

The commissioner shall permanently revoke the elver fishing license, elver dealer's license or elver exporter's license of any license holder convicted of violating section 6505-A, subsection 1-D.

Sec. 5. 12 MRSA §6505-A, sub-§1-D,  as enacted by PL 2013, c. 468, §24, is amended to read:

Sec. 6. 12 MRSA §6575-J,  as amended by PL 2017, c. 250, §8, is further amended to read:

§ 6575-J. Seizure of illegal elvers

In addition to any other penalty imposed, elvers that are taken, sold, 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 illegal 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 person who fished for, took, possesses or bought elvers in violation of any law or rule regulating elvers under this Part.

Sec. 7. 12 MRSA §6865, sub-§5,  as enacted by PL 2015, c. 45, §6, is amended to read:

SUMMARY

This bill clarifies the laws governing the use of the elver transaction card system and the seizure of illegal elvers. It makes it explicit that any currency used in violation of a marine resources law may be taken through the libel process. It requires license revocation for an individual who sells or purchases elvers without using the transaction card system. Finally, it establishes that if the Department of Marine Resources requires inspection of elver shipments prior to export, the department may charge a fee of up to $500 per inspection.