§ 12 §6302-B — Elver quota for federally recognized Indian tribes in the State

Maine § 12 §6302-B

• Jurisdiction: Maine
• Title 12: CONSERVATION
• Part 9: MARINE RESOURCES
• Ch. 615: GENERAL LICENSE PROVISIONS

Text

If the commissioner adopts an elver individual fishing quota system pursuant to section 6505‑A, subsection 3‑A, this section governs the allocation of the elver quota to federally recognized Indian tribes in the State.
1.
Annual allocation.
In accordance with section 6505‑A, the commissioner shall annually allocate 21.9% of the overall annual quota of elver fishery annual landings to the federally recognized Indian tribes in the State. If the Passamaquoddy Tribe, the Penobscot Nation, the Mi'kmaq Nation and the Houlton Band of Maliseet Indians reach an agreement regarding the division of this 21.9% portion of the overall annual quota among them and communicate in writing that agreement to the commissioner prior to March 1st of the year in which the quota is allocated, the commissioner shall allocate that portion of the quota in accordance with that agreement. If no agreement is reached, the commissioner shall allocate that portion of the quota in accordance with the following:
2.
Individual allocations.
The following provisions govern the allocation of the quotas established under subsection 1 to members of each of the federally recognized Indian tribes.
3.
Overage.
If the total weight of elvers sold by persons licensed by the Passamaquoddy Tribe, Penobscot Nation, Mi'kmaq Nation or Houlton Band of Maliseet Indians exceeds the quota allocated under subsection 1 to that tribe, nation or band, the commissioner shall deduct the amount of the overage from any future allocation to that tribe, nation or band. If the overage exceeds the overall annual quota allocated to that tribe, nation or band for the following year, the overage must be deducted from the overall annual quota allocations to that tribe, nation or band in subsequent years until the entire overage has been accounted for.
4.
Emergency prohibition.
The commissioner may adopt emergency rules to prohibit the Passamaquoddy Tribe, the Penobscot Nation, the Mi'kmaq Nation or the Houlton Band of Maliseet Indians from fishing for elvers under a license issued under this Title if the commissioner finds that the tribe, nation or band has authorized fishing for elvers in a way that the commissioner determines will cause the tribe, nation or band to exceed the annual allocation set forth in subsection 1.

Legislative History

PL 2013, c. 485, §3 (NEW). PL 2015, c. 391, §§6, 7 (AMD). PL 2019, c. 642, §1 (AMD). PL 2023, c. 369, Pt. A, §4 (REV). PL 2023, c. 369, Pt. A, §5 (AFF).