HP0835
LD 1191		 Session - 126th Maine Legislature
 
 LR 480
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Strengthen the Fishing Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §12461, sub-§6,  as enacted by PL 2009, c. 214, §7, is amended to read:

6. Exceptions.   Notwithstanding the stocking restrictions set forth in subsection 4, the commissioner may:
A. Stock Big Reed Pond in T.8, R.10, W.E.L.S. with native fish species. If sufficient brook trout from Big Reed Pond are not available, brook trout from Reed Brook and its tributaries in T.8, R.10, W.E.L.S. may be used for restocking. If arctic charr from Big Reed Pond are not available, arctic charr from an endemic arctic charr water in the State may be used for restocking. If northern redbelly dace need to be restocked in Big Reed Pond, northern redbelly dace from Reed Brook and its tributaries in T.8, R.10, W.E.L.S. may be used for restocking . ; and
B.  Stock Big Wadleigh Pond in T.8, R.15, W.E.L.S. with native fish species. If sufficient brook trout from Big Wadleigh Pond are not available, brook trout from Wadleigh Stream in T.8, R.15, W.E.L.S. and T.7, R.15, W.E.L.S. or Poland Pond in T.7, R.15 W.E.L.S. may be used for restocking. If arctic charr from Big Wadleigh Pond are not available, arctic charr from an endemic arctic charr water in the State may be used for restocking. If northern redbelly dace need to be restocked in Big Wadleigh Pond, northern redbelly dace from the nearest source may be used for restocking.

Sec. 2. 12 MRSA §12504,  as amended by PL 2005, c. 495, §1, is further amended to read:

§ 12504. Fishing derby permits

1. Permit required.   Except as provided in sections 12504-A and 12505, a person may not conduct a fishing derby or fishing tournament without a valid permit issued under this section.

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. Application.   A person wishing to conduct a fishing derby or fishing tournament shall first make application for and obtain a permit from the commissioner. A bass tournament sponsored by a bass club in waters free of ice falls under the provisions of section 12505. A completed application for a permit must include the proposed rules, targeted fish species, requested dates, places, times and prize structure for the derby or tournament.
2-A.  Conditions; restrictions.   The commissioner may place conditions and restrictions on a derby permit.
A.  The commissioner may revoke a derby permit issued to or refuse to issue a permit to a club or group that violates a condition or restriction placed on a derby permit or disallow the participation of an individual who violates a condition or restriction placed on a derby permit.
B.  A derby permit does not allow a participant to keep fish alive for entry into the derby. A fish caught as part of the derby must be killed at once and becomes part of the participant's daily bag limit.
3. Rules.   The commissioner shall adopt all necessary rules relative to permits to ensure that derbies and tournaments are conducted only at such times and places and in such a manner as are consistent with the fisheries management objectives of the department. Such rules must include:
A. Specifying the number of derbies or tournaments that may be conducted in a given body of water and the dates within which they may be conducted. These rules must be reviewed periodically; and
B. Fixing the maximum total value of prizes that may be awarded at each derby or tournament, except that for a derby held on Sebago Lake in Cumberland County and in conjunction with the department's fisheries management objectives, the maximum total value of prizes may not exceed $100,000.
3-A. Violation of rules, conditions or restrictions; penalty.   Except as provided in section 12602, the following penalties apply to violations of rules , conditions or restrictions adopted under this section.
A. A person who violates a rule adopted under subsection 3 or a condition or restriction placed on a derby permit under subsection 2-A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates a rule adopted under subsection 3 or a condition or restriction placed on a derby permit under subsection 2-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.
4. Issuance.   The commissioner, following a determination that an applicant has complied with all rules adopted pursuant to this section, may issue a permit to the applicant authorizing the conduct of the derby or tournament. Applicants who have conducted derbies or tournaments in the requested body of water in the past that have conformed with all rules , conditions and restrictions must be given preference in the issuance of permits.
5. Fee.   The fee for a permit to conduct a fishing derby or fishing tournament is $24.

Sec. 3. 12 MRSA §12505, sub-§2-A  is enacted to read:

2-A.  Conditions; restrictions.   The commissioner may place conditions and restrictions on a bass tournament permit.
A.  The commissioner may revoke a bass tournament permit issued to or refuse to issue a permit to a bass club that violates a condition or restriction placed on a bass tournament permit or disallow the participation of an individual who violates a condition or restriction placed on a bass tournament permit.

Sec. 4. 12 MRSA §12505, sub-§6,  as enacted by PL 2003, c. 655, Pt. B, §252 and affected by §422, is amended to read:

6. Violation of rules, conditions or restrictions; penalty.   Except as provided in section 12602, the following penalties apply to violations of rules adopted under subsection 5 and violations of conditions or restrictions placed on a bass tournament permit pursuant to subsection 2-A.
A. A person who violates a rule adopted under subsection 5 or a condition or restriction placed on a bass tournament permit pursuant to subsection 2-A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates a rule adopted under subsection 5 or a condition or restriction placed on a bass tournament permit pursuant to subsection 2-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. 12 MRSA §12760,  as amended by PL 2011, c. 612, §1, is further amended to read:

§ 12760. Fishways in dams and other artificial obstructions

1. Commissioner's authority.   In order to conserve, develop or restore anadromous or migratory fish resources, the commissioner and the Commissioner of Marine Resources jointly may require a fishway to be erected, maintained, repaired or altered by the owners, lessors or other persons in control of any dam or other artificial obstruction within inland waters frequented by alewives, shad, salmon, sturgeon or other anadromous or migratory fish species.

The commissioners commissioner may not require or authorize a fishway or fish bypass structure at a dam on the outlet of Sebec Lake in the Town of Sebec or at a dam on the Sebec River in the Town of Milo or at a dam on the outlet of Schoodic Lake in Lake View Plantation or at a dam on the outlet of Seboeis Lake in Township 4, Range 9 NWP that would allow the upstream passage of an invasive fish species known to be present downstream in the Piscataquis River or Penobscot River drainage. For the purposes of this section, “invasive fish species” means those invasive fish species identified in the action plan for managing invasive aquatic species developed pursuant to Title 38, section 1872.

2. Examination of dams.  The commissioner and the Commissioner of Marine Resources shall periodically examine all dams and other artificial obstructions to fish passage within the inland waters in order to determine whether fishways are necessary, sufficient or suitable for the passage of anadromous or migratory fish.
3. Monitoring program.  The commissioner and the Commissioner of Marine Resources shall , in cooperation with the Department of Marine Resources, establish a program to ensure fishways are functioning properly and remain sufficient or suitable for the passage of anadromous or migratory fish. The commissioners have commissioner has sole authority to take corrective action at fishways as prescribed under this section.
4. Initiation of fishway proceedings.  The commissioner and the Commissioner of Marine Resources shall initiate proceedings to consider construction, repair or alteration of fishways in existing dams or other artificial obstructions whenever the commissioners determine commissioner determines that one or more of the following conditions may exist:
A. Fish passage at the dam or obstruction in issue, whether alone or in conjunction with fish passage at other upriver barriers, will improve access to sufficient and suitable habitat anywhere in the watershed to support a substantial commercial or recreational fishery for one or more species of anadromous or migratory fish; or
B. Fish passage at the dam or obstruction in issue is necessary to protect or enhance rare, threatened or endangered fish species.
5. Adjudicatory proceedings.  A fishway proceeding must conform to the following requirements.
A. A fishway proceeding must be an adjudicatory proceeding under Title 5, chapter 375, subchapter 4, but a hearing is not required unless requested in accordance with paragraph B. Notice of the proceeding must be given in accordance with Title 5, section 9052 and the following requirements:

(1) Personal notice must be given to the dam owner, lessee or other person in control of the dam or artificial obstruction, informing that person that a proceeding has been undertaken and informing that person of that person's right to request a hearing; and

(2) Notice to the public, in newspapers of general circulation in the areas affected, must be given notifying the public of the initiation of the proceedings and of the public's opportunity to request a hearing.

B. If any interested person requests a public hearing, the commissioner and the Commissioner of Marine Resources shall, within 30 days, either notify the petitioners in writing of the commissioners' commissioner's denial, stating the reasons for the denial, or schedule a public hearing. The commissioners commissioner shall hold a public hearing whenever:

(1) The commissioners are commissioner is petitioned by 50 or more residents of the State; or

(2) The owner, lessee or other person in control of the dam or artificial obstruction requests a hearing.

C. The commissioner and the Commissioner of Marine Resources shall accept testimony from the owner, lessee or other person in control of the dam or artificial obstruction on alternate fishway designs to those proposed by the commissioners commissioner for that dam or artificial obstruction.
6. Decision.  In the event that the commissioner and the Commissioner of Marine Resources decide decides that a fishway should be constructed, repaired, altered or maintained pursuant to this section, the commissioners commissioner shall issue final orders with specific plans and descriptions of the fishway construction, alteration, repair or maintenance requirements, the conditions of the use of the fishway and the time and manner required for fishway operation. The commissioners commissioner may issue a decision requiring the owners, lessees or other persons in control of the dam or obstruction to construct, repair, alter or maintain a fishway. Such a decision must be supported by a finding based on evidence submitted to the commissioners commissioner that either of the following conditions exist:
A. One or more species of anadromous or migratory fish can be restored in substantial numbers to the watershed by construction, alteration, repair or maintenance of a fishway and habitat anywhere in the watershed above the dam or obstruction is sufficient and suitable to support a substantial commercial or recreational fishery for one or more species of anadromous or migratory fish; or
B. The construction, alteration, repair or maintenance of a fishway is necessary to protect or enhance rare, threatened or endangered fish species.

In the event that the commissioners decide commissioner decides that a fishway should not be constructed, the commissioners commissioner shall specify in that decision a period not to exceed 5 years subsequent to that decision during which a fishway may not be required to be constructed.

7. Compliance.  The owner, lessee or other person in control of a dam or other artificial obstruction is jointly and severally liable for the costs of fishway design, construction, repair, alteration or maintenance, and for full compliance with a decision issued pursuant to subsection 6.
A. If the owner, lessee or other person in control of a dam or other artificial obstruction refuses to comply or does not fully comply with the commissioner's decision issued pursuant to subsection 6, the commissioner and the Commissioner of Marine Resources shall initiate a civil action to enjoin the owner, lessee or person in control of the dam to comply fully with the commissioners' commissioner's order or to restrain the violation of an order. In the proceeding, the court may not review the legality of the commissioners' commissioner's order, except when the owner, lessee or person in control of the dam or artificial obstruction has brought a timely petition for judicial review pursuant to Title 5, chapter 375, subchapter 7.
B. The court may render judgment against and order the sale of the dam or other artificial obstruction, the land on which it stands and a right-of-way to the dam or artificial obstruction, in order to secure the costs of fishway construction, repair, alteration or maintenance, the costs of the court-ordered sale and the costs incurred by the department for fishway design. The purchaser of the dam or other obstruction is subject to the decision issued pursuant to subsection 6.
8. Privileged entry.  The commissioner and the Commissioner of Marine Resources, the commissioners' commissioner's agents or subcontractors may enter upon any private land in order to examine, at least annually, fishways in dams or other artificial obstructions and dams as provided in subsection 2. The commissioners commissioner shall notify the landowner, lessee or other person in control of the dam when the examination will take place and the time required to complete the examination. The commissioners commissioner shall make every effort to preserve private land and shall restore surrounding lands to the grade and condition existing prior to entry, if economically feasible.
9. Certain lakes, rivers and streams; fishways prohibited.   Notwithstanding any other provision of law to the contrary, the owners, lessors or other persons in control of a dam on the outlet of Sebec Lake in the Town of Sebec, of Schoodic Lake in Lake View Plantation or of Seboeis Lake or a dam on the Sebec River in the Town of Milo may not construct or authorize the construction of a fishway or fish bypass structure that would allow the upstream passage of an invasive fish species known to be present downstream in the Piscataquis River or Penobscot River drainage.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $500 or more than $1,000 may be adjudged.
B. A person who violates this subsection 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. 6. 12 MRSA §12761,  as amended by PL 2011, c. 612, §2, is further amended to read:

§ 12761. Construction of new dams or other artificial obstructions

1. Notice required.  Prior to construction or prior to authorizing construction of a new dam or other obstruction in the inland waters, the owner, lessee or other person in control of the dam or other artificial obstruction shall provide written notice to the commissioner and the Commissioner of Marine Resources , supplying information on construction plans, proposed location and date of construction of the dam or other artificial obstruction.
2. Initiation of fishway proceedings.  Within 30 days of receipt of the construction notice pursuant to subsection 1, the commissioner and the Commissioner of Marine Resources shall review the plans in order to determine whether fishway construction or alteration of proposed fishway construction plans may be required pursuant to the criteria set forth in section 12760, subsection 4. If the commissioners determine commissioner determines that the construction or alteration may be necessary, the commissioners commissioner shall initiate fishway proceedings and follow the procedures prescribed in section 12760.
3. Unlawful building of dam.  A person may not build any dam or other obstruction in any of the rivers, streams or brooks of this State without first filing written notice with the commissioner and the Commissioner of Marine Resources pursuant to subsection 1.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates this subsection 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. 7. 38 MRSA §480-Q, sub-§27,  as amended by PL 2011, c. 612, §3, is further amended to read:

27. Fishways.  Erection, maintenance, repair or alteration of a fishway in a dam or other artificial obstruction when required by the Commissioner of Inland Fisheries and Wildlife and the Commissioner of Marine Resources pursuant to Title 12, section 12760 or by the Commissioner of Marine Resources pursuant to Title 12, section 6121;

summary

This bill makes changes to strengthen the fishing laws as follows.

The bill separates provisions governing bass fishing tournaments and provisions governing fishing derby permits.

The bill also gives the Commissioner of Inland Fisheries and Wildlife the authority to place conditions and restrictions on derby permits and bass tournament permits. The bill makes the violation of any condition or restriction placed on a derby permit or a bass tournament permit a civil violation. The bill also authorizes the commissioner to revoke a permit, refuse to issue a permit or refuse to allow the participation of any person in cases involving a violation of a condition or restriction placed on a derby permit or a bass tournament permit.

The bill also clarifies that any fish caught for a fishing derby must be killed immediately and becomes part of the participant's daily bag limit.

The bill revokes the Commissioner of Marine Resources' authority over fishways in dams and other artificial obstructions in inland waters but retains the commissioner's authority over fishways in dams and other artificial obstructions in tidal waters under the Maine Revised Statutes, Title 12, section 6121.

The bill also authorizes the Commissioner of Inland Fisheries and Wildlife to stock native fish species in Big Wadleigh Pond in Piscataquis County.

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