An Act Concerning Illegal Introduction of Fish into Maine Waters
Maine Legislature, Session 121, LD 1635
Committee: Inland Fisheries and Wildlife
Sponsors: BRYANT, DUNLAP, CLARK, HONEY, JODREY, PINEAU, RICHARDSON, TOBIN, TRAHAN, WHEELER
Amends: 12 MRSA §7077, 12 MRSA §7604-A, 12 MRSA §7901-A

Legislative Document 
No. 1635 
S.P.592 
In Senate, June 13,2003 
An Act Concerning Illegal Introduction of Fish into Maine Waters 
(EMERGENCY) 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Senator BRYANT of Oxford. (GOVERNOR'S BILL) 
Cosponsored by Representative DUNLAP of Old Town and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: CLARK of Millinocket, HONEY of Boothbay, JODREY of Bethel, PINEAU 
of Jay, RICHARDSON of Greenville, TOBIN of Dexter, TRAHAN of Waldoboro, 
WHEELER of Kittery. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the illegal introduction of fish into Maine waters 
is increasing and the harm to the aquatic environment can be 
devastating to native fish populations; and 
Whereas, enforcement of current regulations pertaining to 
illegal stocking of fish are problematic as the violations are 
rarely observed by others, resulting in very low incidence of 
reports of such illegal activity; and 
Whereas, enhancing 
the penalties 
and 
enacting 
mandatory 
license suspensions for violations of the current laws related to 
the possession of live fish species in Maine will improve the 
ability of enforcement officers to prevent illegal introductions 
of fish; and 
Whereas, it is imperative that this legislation take effect 
immediately to reduce this devastating harm; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §7077, sub-§I-B, ,A, as enacted by PL 1993, c. 
136, §1, is amended to read: 
A. 
Introducing fish into inland waters without a permit in 
violation of section 7371, 
SUbsection 3 as it applies to 
section 7202, 
subsection 1; 
section 7203, 
subsection 
1~ 
section 7204, subsection 1: and section 7206: 
Sec. 2. 12 MRSA §7077, sub-§I-B, ~-1 is enacted to read: 
B-1. 
Possessing fish in violation of section 7604-A: 
Sec.3. 12 MRSA §7604-A is enacted to read: 
§7604-A. 
Illegal possession of live fish 
Except as otherwise provided in this Part, any fish legally 
taken from inland waters pursuant to this Part, except baitfish 
and smelts, must be immediately released alive into the waters 
from which it was taken or must be killed at once. 
Any fish 
killed pursuant to this section becomes part of the daily bag 
limit. 
Sec. 4. 12 MRS A §7901-A, sub-§5, ,A, as enacted by PL 2001, c. 
421, Pt. B, §88 and affected by Pt. C, §l, is amended to read: 
A. 
Failure to have 
license or permit as 
described in 
section 7371, subsection 3, as it applies to section 7202, 
subsection 1: 
section 7203, 
subsection 1: 
section 7204, 
subsection 1: and section 7206 is a Class E crime, except 
that, notwithstanding Title 17-A, section 1301, the fine may 
not be less than $1,000 nor more than $10,000. 
Sec.5. 12 MRSA §7901-A, sub-§10, tB is enacted to read: 
B. 
Possession of fish in violation of section 7604-A is a 
Class E crime. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill requires that any fish legally taken from inland 
waters must either be released alive into the waters from which 
it was taken or immediately killed and makes possession of live 
fish in violation of this requirement a Class E crime. 
This bill requires the suspension for at least one year of a 
person's fishing license if that person possesses live fish in 
violation of laws governing possession of live fish or introduces 
fish into inland waters without a permit in violation of the laws 
governing the transportation, importation and possession of live 
fish or gametes.