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 by the activity of fishing

Maine statutory provisions

Maine's IF W was established pursuant to Title 12 MRSA Chapter 903 section 10051 to preserve

protect and enhance the inland fisheries and wildlife resources of the State to encourage the wise use

of those resources to ensure coordinated planning for the future use and preservation of the 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 of any provision of the law that the commissioner is charged with the

duty of administering The provisions of the law that he is charged with the duty of administering are

Title 12 MRSA Chapters 901 to 939

Title 12 MRSA 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 of the 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 of the State and 3 the development of rules governing the effective management of the 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 of the department's proposed rulemakings have included the following

statements see eg Department of Inland Fisheries and Wildlife's 2004 2005 Regulatory Agenda and

Department of Inland Fisheries and Wildlife's Agenda of Proposed 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 for the foreseeable future and also to repeal regulations that are deemed no longer necessary

for the protection enhancement and continued use of these resources

2 The purpose of any proposed regulation regarding fish and wildlife is to provide for the fullest level

of use of the resource without adversely affecting species distribution and abundance In order to have

an organized and systematic way of accomplishing this goal Species Management Plans were

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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 of the public from various geographic areas of the state biological staff and members of

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 of such vehicles watercraft airmobiles snowmobiles and all terrain vehicles without

adversely affecting the resource and the safety and welfare of persons and property and administrative

regulations are promulgated for the purpose of setting forth reasonable criteria for the proper licensing

registering and tagging and training requirements specified by law for the safety and welfare of the

resource and citizens of the State

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