‘Sec. 1. 12 MRSA §10206, sub-§5, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
5. Sucker and yellow perch permit revenues. All fees collected under pursuant to section 12506 accrue to the Eel and Elver Management Fund established in section 6505-D, except that $42 accrues to the General Fund for each eel pot or eel weir permit issued under pursuant to section 12506.’
‘Sec. 3. 12 MRSA §11152, sub-§1, as amended by PL 2005, c. 477, §5, is further amended to read:
1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt antlerless deer as authorized in this section unless that person has a valid permit issued under this section.A. Except as provided in paragraph B, each Each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.
B. A violation of this subsection in Washington County is a Class D crime for which a minimum fine of $1,000 must be imposed, and the court shall impose a sentencing alternative involving a term of imprisonment of at least 3 days, none of which may be suspended.
Sec. 4. 12 MRSA §11152, sub-§1-A is enacted to read:
1-A. Antlerless deer in Washington County. Except as otherwise provided in this Part, a person may not hunt or possess an antlerless deer in Washington County. A person may possess an antlerless deer in Washington County that has been lawfully registered in another county. A person that violates this subsection commits a Class D crime for which a minimum fine of $1,000 must be imposed, and the court shall impose a sentencing alternative involving a term of imprisonment of at least 3 days, none of which may be suspended.’
‘Sec. 4. 12 MRSA §12506, as amended by PL 2005, c. 683, Pt. A, §§16 to 18, is further amended to read:
1. Permit required. Except as otherwise authorized pursuant to this Part and except as provided in subsection 5-A, a person may not fish for or possess the following fish using the harvesting methods listed in subsection 2 without a valid permit issued under this section: A. Alewives;
B. Eels;
C. Suckers;
D. Lampreys; or
E. Yellow perch.
Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.
2. Issuance. The commissioner may adopt rules providing for the issuance of permits to fish for or possess the following fish using the following harvesting methods in the inland waters of the State, provided the permits do not interfere with any rights granted under section 6131:A. Eels using eel pots or weirs;
B. Suckers and yellow perch using trap nets, dip nets or spears; and
C. Lampreys by hand or using hand-held dip nets ; and .
D. Alewives using trap nets, dip nets, spears or fish pumps.
The commissioner may place conditions on the use of gear allowed under this subsection and may prohibit or restrict the use of any gear used to concentrate species for harvest under this subsection.
Each day a person violates a condition or restriction placed on the use of gear allowed under this subsection, that person commits a Class E crime.
3. Fees; transfer of permit. The minimum fee for an individual permit for alewives, suckers, lampreys and yellow perch is $44. A crew permit may be sold for alewives, suckers, lampreys and yellow perch for $102, authorizing up to 3 persons to engage in the permitted activity. The annual fee for an eel pot or weir permit is $102. An eel pot or eel weir permit is not transferable.
4. Five-year limited entry; eel weirs. A person is ineligible to receive an eel weir permit unless that person possessed a valid eel weir permit for calendar year 1995. The department shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A regarding the issuance of eel weir permits. The number of weirs and the number of square miles of watersheds in this State fished by eel weirs can may be no more than those permitted in calendar year 1995.
5-A. Limitations on alewife harvesting. Notwithstanding subsection 1: Except as provided in this subsection a person may not harvest alewives.A. A person may fish for alewives by use of a dip net or single hook and line for consumption by that person or members of that person's family, provided that the person takes or possesses no more than one bushel in any day and provided also that the alewives are not taken downstream from any waters in which location where a municipality or other person has been granted exclusive rights under section 6131; and
B. A person may fish for or possess alewives from inland waters if that person has been granted fishing rights under section 6131 ; and .
C. A person may take suckers for use as bait for fishing in inland waters as provided in section 12551-A without a permit under subsection 2.
A person that violates this subsection commits a Class E crime.
5-B. Harvesting suckers for bait without a permit. Notwithstanding subsection 1, a person may take suckers for use as bait for fishing in inland waters as provided in section 12551-A without a permit under subsection 2.
6. Eels and elvers prohibitions. The following prohibitions apply to the harvesting of eels and elvers in inland waters.A. A person may not fish for or take elvers from inland waters.
B. A person other than the owner of a weir used to fish for or take eels in inland waters may not tend that weir while the weir is immersed unless that person has in the person's possession written permission from the owner to tend the weir or is in the presence of the owner and has the owner's permission to tend the weir.
A person who violates this subsection commits a Class E crime.
7. Other harvesting methods for suckers. Notwithstanding subsection 1, a person licensed or otherwise entitled to fish in Maine waters may take suckers for that person's use in all rivers, brooks and streams that are open to fishing between April 1st and June 30th of each calendar year by the use of a hand spear, by bow and arrow or by snagging.A. A person may not use a bow and arrow to harvest suckers unless the arrow used has a barbed or pronged point and the arrow is attached to the bow with a line.
B.
The following penalties apply to violations of paragraph A.
(1) A person who violates paragraph A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
’ (2) A person who violates paragraph A after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
‘Sec. 5. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 12, sections 10206 and 12506 take effect January 1, 2008.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
This amendment removes the requirement that a person have a permit to harvest alewives from the Maine Revised Statutes, Title 12, Part 13 because jurisdiction over the management of that species is being transferred to another department. It makes those provisions effective January 1, 2008. It also provides that a person may not possess an antlerless deer in Washington County unless that deer has been legally registered in another county.