§6502-A. Commercial pelagic and anadromous fishing license

1.  Definition.  As used in this section, "pelagic or anadromous fish" means Atlantic herring, Atlantic menhaden, whiting, spiny dogfish, river herring, Atlantic mackerel, blueback herring, squid, butterfish, scup, black sea bass, smelt and shad.

[PL 2011, c. 598, §22 (AMD).]

2.  License required.  A person may not engage in the activities authorized under this section without a current:

A. Commercial pelagic and anadromous fishing license for a resident operator;   [PL 2009, c. 527, §2 (NEW).]

B. Commercial pelagic and anadromous fishing license for a resident operator and all crew members; or   [PL 2009, c. 527, §2 (NEW).]

C. Commercial pelagic and anadromous fishing license for a nonresident operator and all crew members.   [PL 2009, c. 527, §2 (NEW).]

[PL 2009, c. 527, §2 (NEW).]

3.  Licensed activity.  The holder of a commercial pelagic and anadromous fishing license may fish for or take or possess, ship, transport or sell pelagic or anadromous fish that the holder has taken. The commissioner shall determine by rule what crew members may fish under a commercial pelagic and anadromous fishing license that provides for crew members. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

[PL 2009, c. 527, §2 (NEW).]

4.  Exemption.  The licensing requirement under subsection 2 does not apply to a person who fishes for, takes, possesses or transports any pelagic or anadromous fish that have been taken by speargun, harpoon, minnow trap, hand dip net or hook and line and are only for personal use.

[PL 2011, c. 598, §23 (AMD).]

5.  Eligibility.  A commercial pelagic and anadromous fishing license may be issued only to an individual.

[PL 2009, c. 527, §2 (NEW).]

6.  Fees.  Fees for commercial pelagic and anadromous fishing licenses are:

A. Forty-eight dollars for a resident operator;   [PL 2009, c. 527, §2 (NEW).]

B. One hundred twenty-eight dollars for a resident operator and all crew members; and   [PL 2009, c. 527, §2 (NEW).]

C. Five hundred dollars for a nonresident operator and all crew members.   [PL 2009, c. 527, §2 (NEW).]

[PL 2009, c. 527, §2 (NEW).]

7.  Surcharges.  The following surcharges are assessed on holders of commercial pelagic and anadromous fishing licenses issued by the department:

A. For a commercial pelagic and anadromous fishing license for a resident operator, $50;   [PL 2009, c. 527, §2 (NEW).]

B. For a commercial pelagic and anadromous fishing license for a resident operator with crew, $200; and   [PL 2009, c. 527, §2 (NEW).]

C. For a commercial pelagic and anadromous fishing license for a nonresident operator with crew, $400.   [PL 2009, c. 527, §2 (NEW).]

The commissioner shall deposit surcharges collected pursuant to this subsection in the Pelagic and Anadromous Fisheries Fund established under section 6041.

[PL 2009, c. 527, §2 (NEW).]

8.  Violation.  A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

[PL 2009, c. 527, §2 (NEW).]

SECTION HISTORY

PL 2009, c. 527, §2 (NEW). PL 2011, c. 598, §§22, 23 (AMD).