An Act To Ensure Maine's Elver Fishermen Can Fully Access Maine's Elver Resource
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the high value per pound for elvers in recent years has resulted in economic benefit for the State of Maine and Maine's elver fishermen; and
Whereas, the statewide elver quota for the 2014 fishing season was 11,749 pounds; and
Whereas, Maine elver fishermen harvested only 9,688 pounds of elvers during the 2014 fishing season; and
Whereas, the Atlantic States Marine Fisheries Commission reduced Maine's elver quota by an amount equivalent to the difference between the elver quota and the amount actually harvested during the 2014 fishing season; and
Whereas, the Department of Marine Resources must act quickly to ensure Maine fishermen can fully access Maine's elver resource in future fishing seasons; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 12 MRSA §6404-H, as amended by PL 2013, c. 49, §4, is further amended to read:
§ 6404-H. Suspension or revocation based on conviction of an elver fishing license offense
The commissioner shall suspend or revoke a person's eligibility for the elver lotteries lottery under section 6505-A, subsection 2-B 2-C if the person is convicted of an offense in violation of section 6505-A, subsection 1.
Sec. 2. 12 MRSA §6505-A, sub-§2, ¶F, as enacted by PL 2011, c. 549, §3, is amended to read:
Sec. 3. 12 MRSA §6505-A, sub-§2-B, as amended by PL 2013, c. 301, §9, is repealed.
Sec. 4. 12 MRSA §6505-A, sub-§2-C is enacted to read:
The commissioner shall adopt rules no later than December 31, 2015 to implement the elver fishing license lottery. The rules must include provisions for the method and administration of the lottery. 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.
Sec. 5. 12 MRSA §6505-A, sub-§3-A, ¶¶B and C, as enacted by PL 2013, c. 485, §7, are amended to read:
Sec. 6. 12 MRSA §6505-A, sub-§3-A, ¶D is enacted to read:
Sec. 7. 12 MRSA §6575-B, sub-§2-B, ¶A, as enacted by PL 1999, c. 534, §5, is amended to read:
Sec. 8. Rulemaking to implement selection of gear type. The Commissioner of Marine Resources shall complete rulemaking to implement the allowance of selection of gear type by elver fishermen pursuant to the Maine Revised Statutes, Title 12, section 6575-B by the start of the 2016 elver fishing season. Rules adopted to implement this allowance are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 9. Rulemaking to implement transferable quotas. The Commissioner of Marine Resources shall complete rulemaking to implement transferability of individual quotas for elvers pursuant to the Maine Revised Statutes, Title 12, section 6505-A, subsection 3-A, paragraph D by the start of the 2016 elver fishing season. During the rulemaking process, the commissioner shall consider, without limitation, the following:
1. Among which elver fishermen may individual quotas be transferred;
2. Whether new participants should enter the elver fishery by purchasing individual quotas or if transfer should be limited to existing elver licensees only;
3. Whether transfers should be documented before the beginning of the elver fishing season to support enforcement efforts by the Department of Marine Resources;
4. What type of ownership interests in individual quotas may be transferred;
5. Whether owner-operator restrictions should be imposed on transfers of individual quotas; and
6. Whether caps on total individual quota ownership should be imposed to prevent unfair concentration of ownership of individual quotas.
Rules adopted to implement the transferability of individual quotas for elvers are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill amends Maine's elver licensing laws to provide for the selection of elver gear types by elver fishermen, to be implemented via rulemaking before the 2016 elver fishing season. Additionally, this bill amends Maine's individual elver quota system to provide for transferability of individual quotas, to be implemented via rulemaking before the 2016 elver fishing season.