‘An Act Relating to Certain Marine Resources Licenses’
| HP0301 LD 451 |
Session - 126th Maine Legislature C "A", Filing Number H-8, Sponsored by
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LR 466 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act Relating to Certain Marine Resources Licenses’
Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘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 elver fishing season begins March 22, 2013, and changes made to elver fishing licensing regulations by this legislation must be made prior to the beginning of this season; 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 §6302-A, as amended by PL 2011, c. 598, §17, is further amended to read:
§ 6302-A. Taking of marine organisms by federally recognized Indian tribes
A member of the Houlton Band of Maliseet Indians who is a resident of the State is not required to hold an elver fishing license under section 6505-A to conduct activities authorized under that license if that member holds a valid license issued by the band or the agent of the band to conduct the activities authorized under that license. A member of the Houlton Band of Maliseet Indians issued a tribal license pursuant to this subsection is subject to all laws and rules applicable to a person who holds an elver fishing license issued under section 6505-A and to all the provisions of chapter 625, except that the member of the band may utilize elver fishing gear tagged with elver fishing gear tags issued by the band or the agent of the band in a manner consistent with tags issued pursuant to section 6505-B. A member of the Houlton Band of Maliseet Indians is not required to pay elver fishing gear fees under section 6505-B if the band or the agent of the band issues that member elver fishing gear tags.
For purposes of this subsection, "sustenance use" means all noncommercial consumption or noncommercial use by any person within Passamaquoddy Indian territory, as defined in Title 30, section 6205, subsection 1, Penobscot Indian territory, as defined in Title 30, section 6205, subsection 2, or Aroostook Band Trust Land, as defined in Title 30, section 7202, subsection 2, or at any location within the State by a tribal member, by a tribal member's immediate family or within a tribal member's household. The term "sustenance use" does not include the sale of marine organisms.
A member of the Passamaquoddy Tribe, Penobscot Nation or Aroostook Band of Micmacs who takes a marine organism under a license or permit issued pursuant to this subsection must comply with all laws and rules applicable to a person who holds a state license or permit that authorizes the taking of that organism, except that a state law or rule that sets a season for the harvesting of a marine organism does not apply to a member of the Passamaquoddy Tribe, Penobscot Nation or Aroostook Band of Micmacs who takes a marine organism for sustenance use or for noncommercial use in a tribal ceremony. A member of the Passamaquoddy Tribe, Penobscot Nation or Aroostook Band of Micmacs issued a license or permit under this subsection is exempt from paying elver gear fees under section 6505-B or trap tag fees under section 6431-B and is not required to hold a state shellfish license issued under section 6601 to obtain a municipal shellfish license pursuant to section 6671. A member of the Passamaquoddy Tribe, Penobscot Nation or Aroostook Band of Micmacs who fishes for or takes lobster under a license or permit issued pursuant to this subsection must comply with the closed periods under section 6440.
(1) One hundred twenty-four licenses that allow the taking of elvers with one piece of gear only, consisting of either an elver fyke net or a dip net;
(2) An additional 26 licenses that allow the taking of elvers with 2 pieces of gear, consisting of an elver fyke net and a dip net; and
(3) An additional 50 limited licenses that allow the taking of elvers only in the St. Croix River and only with a dip net;
(1) Eight licenses that allow the taking of elvers with an elver fyke net only; and
(2) Eight licenses that allow the taking of elvers with a dip net only.
The commissioner shall by rule allow the Houlton Band of Maliseet Indians or its agent to issue additional commercial licenses for the taking of elvers to members of the band if the commissioner determines that elver resources are sufficient to permit the issuance of new licenses.
The Passamaquoddy Tribe, Penobscot Nation, Aroostook Band of Micmacs , Houlton Band of Maliseet Indians and Department of Marine Resources shall report on the status of the sea urchin, scallop and elver fisheries to the joint standing committee of the Legislature having jurisdiction over marine resources matters by January 15th of each even-numbered year.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. 12 MRSA §6505-A, sub-§2-B, as enacted by PL 2011, c. 549, §4, is amended to read:
(1) The elver gear lottery must be held on or before February 15th of each calendar year beginning in 2013.
(2) In order to be eligible for the elver gear lottery, a person must hold an elver fishing license pursuant to subsection 1 and must have authorization to use only a dip net.
(3) In order to be eligible for the elver gear lottery, a person must submit to the Commissioner of Marine Resources a lottery application together with a $25 nonrefundable application fee no later than January 15th for the lottery to be held by the following February 15th.
(4) A person may submit no more than one elver gear lottery application per lottery year.
(5) A person selected in the elver gear lottery must relinquish a dip net authorization that person holds in exchange for authorization to use an elver fyke net.
(1) The elver fishing license lottery must take place after the elver gear lottery.
(2) The elver fishing license lottery must be held on or before February 15th of each calendar year beginning in 2013.
(3) In order to be eligible for the elver fishing license lottery, a person must submit a lottery application together with a $25 nonrefundable application fee no later than January 15th of the same calendar year as the lottery.
(4) A person may submit no more than one elver fishing license lottery application per lottery year.
The commissioner shall adopt rules no later than December 31, 2012 to implement the elver gear lottery and the elver fishing license lottery. The rules must include provisions for the method and administration of the lotteries. The elver gear lottery must be set up so that gear authorizations associated with a license that is not renewed go into the elver gear lottery. If a person who held a license that is not renewed has 2 authorized pieces of gear, the gear authorizations must be divided and made available to 2 lottery entrants. 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. 3. 12 MRSA §6505-A, sub-§3, as amended by PL 1999, c. 7, §3, is repealed.
Sec. 4. Additional lottery. Notwithstanding the provisions of the Maine Revised Statutes, Title 12, section 6505-A, subsection 2-B, paragraph A, subparagraph (1), for the 2013 elver fishing season the Commissioner of Marine Resources shall reopen the 2013 elver gear lottery to make available the additional 25 dip nets required to be made available in 2013 under Title 12, section 6505-A, subsection 2-B.
Sec. 5. Examination of elver fishery; report. The Commissioner of Marine Resources shall examine the elver fishery, including harvesting levels and fishery management plans affecting the elver fishery proposed or adopted by the Atlantic States Marine Fisheries Commission, and, consistent with the commissioner's findings from the examination, shall develop recommendations for any appropriate modifications of the State's regulation of elver fishing, including licensing and gear use.
In undertaking the examination under this section, the commissioner, pursuant to the Maine Revised Statutes, Title 12, section 6173, shall collect and analyze pertinent information regarding elver fishing, including pertinent information regarding elver fishing by persons issued tribal licenses under Title 12, section 6302-A.
As soon as practicable after making findings from the examination conducted under this section, the commissioner shall discuss with representatives of the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook Band of Micmacs and the Houlton Band of Maliseet Indians those findings and shall seek through such discussions to develop a mutually agreeable structure for elver fishing licensing by those tribes.
No later than January 1, 2014, the commissioner shall provide to the Joint Standing Committee on Marine Resources a report of the commissioner's findings and recommendations under this section, including a summary of the commissioner's discussions with representatives of the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook Band of Micmacs and the Houlton Band of Maliseet Indians seeking to develop a mutually agreeable structure for elver fishing licensing by those tribes. The report must include any draft legislation necessary to implement the commissioner's recommendations. The Joint Standing Committee on Marine Resources may report out a bill to the Second Regular Session of the 126th Legislature relating to the subject matter of the commissioner's report.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
SUMMARY
This amendment makes the following changes to the bill.
1. It provides that the Passamaquoddy Tribe may not issue to members of the tribe commercial licenses for the taking of elvers in any calendar year that exceed the following limits:
2. It provides that the Houlton Band of Maliseet Indians may issue to members of the band commercial licenses for the taking of elvers, as long as in any calendar year the number of licenses issued does not exceed 8 licenses that allow the taking of elvers with an elver fyke net only and 8 licenses that allow the taking of elvers with a dip net only, except as otherwise permitted by the Commissioner of Marine Resources by rule.
3. It provides that an additional 25 dip nets must be made available through an additional Department of Marine Resources state elver gear lottery for the 2013 elver fishing season.
4. It directs the commissioner to examine the elver fishery, including harvesting levels and fishery management plans affecting the elver fishery proposed or adopted by the Atlantic States Marine Fisheries Commission, and, consistent with the commissioner's findings from the examination, to develop recommendations for modifications of the State's regulation of elver fishing, including licensing and gear use. The commissioner is also directed to discuss with representatives of the Passamaquoddy Tribe, the Penobscot Nation, the Aroostook Band of Micmacs and the Houlton Band of Maliseet Indians the findings from the commissioner's examination and to seek through such discussions to develop a mutually agreeable structure for elver fishing licensing by those tribes. No later than January 1, 2014, the commissioner is directed to provide to the Joint Standing Committee on Marine Resources a report of the commissioner's findings and recommendations, including any draft legislation necessary to implement the commissioner's recommendations. The Joint Standing Committee on Marine Resources is authorized to report out a bill to the Second Regular Session of the 126th Legislature relating to the subject matter of the commissioner's report.
5. It adds an emergency preamble and emergency clause to the bill.
For clarity, the amendment reallocates, but retains the substance of, the provision of the bill that provides that the Passamaquoddy Tribe may not issue to members of the tribe more than 20 commercial licenses for the taking of scallops in any calendar year, except as otherwise permitted by the commissioner by rule.
The amendment also retains the provision of the bill that provides that if a holder of a tribal commercial fishing license fails to provide information required under Title 12, section 6173, the license may not be renewed until the holder complies with the requirements of that section.