## Memorandum
Date December 

## 23 2014 

## From Gregory 

### Dain Senior Assistant Regional Counsel 

## To Maine water quality standards administrative record file
The purpose of this 

## memorandum is to identify requirements of Maine state law relating to the 

### Maine Department of Inland Fisheries and Wildlife IF 

# W Commissioner's authority to establish by regulation limitations 

### on the 

### amount of fish that 

## may be taken 

### from state waters bythe activity of fishing
Maine statutory provisions
Maine's IF 

# W was established pursuant to Title 

### 12

# MRSA Chapter903 section 

### 10051 to preserve protect and 

### enhance the inland fisheries and wildlife resources ofthe State to encourage the wise use ofthose resources to ensure coordinated planning for the future use and preservation ofthe resources and to provide for effective 

### management of the resources
Pursuant to Title 

### 12

# MRSA Chapter 903 section 

### 10104 the Commissioner of IF 

# W is authorized to promulgate reasonable regulations necessary for the proper administration implementation enforcement and interpretation ofany provision of the law that the commissioner is charged with the duty of administering The provisions ofthe law that he is charged with the duty ofadministering are Title 12

# MRSA Chapters 901 to 

## 939

Title 12

# MRS

# A Chapter 903 section 

### 10053 establishes 

### a Bureau of Resource 

### Management 

# BRM within IF 

# W The BRM's responsibilities include 

## among other things 

# 1 the 

### management ofthe inland fisheries resources in the public waters ofthe State for their preservation protection 

### enhancement and 

### use

# 2 the propagation of fish for the effective 

### management of inland fisheries resources in public waters ofthe State and

# 3 the 

### development of rules governing the effective 

### management ofthe inland fisheries and wildlife resources of the State Regulations promulgated by IF 

# W When the IF 

# W proposes 

### amendments to its fishing regulations the written descriptions or notices which I found online ofthe department's proposed rulemakings have included the following statements see

# e

# g Department of Inland Fisheries and Wildlife's 

## 20042005 Regulatory 

## Agenda and



### Department of Inland Fisheries and Wildlife's 

### Agenda ofProposed Regulations October 

# 1 2011 September

# 1 2012 

# 1 It is the intent ofthe 

### Department of Inland Fisheries and Wildlife to adopt and 

### amend reasonable regulations as necessary to ensure that all species of inland fish and wildlife are perpetuated to 

### be used 

## now and forthe foreseeable future and also to repeal regulations that are 

### deemed no longer necessary forthe protection 

### enhancement and continued use of these 

### resources 

# 2 The purpose ofany proposed regulation regarding fish and wildlife is to provide for the fullest level ofuse ofthe resource without adversely affecting species distribution and 

### abundance In order to have an organized and systematic 

### way ofaccomplishing this goal Species 

### Management Plans 

### were

### developed and updated at five year intervals for all major fish and wildlife species or species groups All proposed regulation changes will be based on the adopted goals and objectives for a particular species or species 

### group Species 

### management goals and objectives are developed with input from representatives ofthe public from various geographic areas ofthe state biological staffand 

### membersof 

### Warden Service and are presented to the Commissioner and his Advisory Council for

### adoption Regulations regarding recreational vehicle use are adopted to provide for the 

### use to the fullest extent possible ofsuch vehicles watercraft airmobilessnowmobiles and all terrain vehicles without adversely affecting the resource and the safety and welfare of persons and property and administrative regulations are promulgated forthe purpose of setting forth reasonable criteria for the proper licensing registering and tagging and training requirements specified by law forthe safety and welfare ofthe resource and citizens of the State