An Act To Enhance Community Support for Anadromous Fish Restoration
Maine Legislature, Session 122, LD 0629
Committee: Marine Resources
Sponsors: FLETCHER, ASH, JENNINGS, PINEAU, THOMPSON, GAGNON
Amends: 12 MRSA §6131

Legislative Document 
No. 629 
H.P.462 
House of Representatives, February 8, 2005 
An Act To Enhance Community Support for Anadromous Fish 
Restoration 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative FLETCHER of Winslow. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: ASH of Belfast, JENNINGS of Leeds, PINEAU of Jay, 
THOMPSON of China, Senator: GAGNON of Kennebec. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6131, sub-§I, as enacted by PL 1977, c. 661, 
§S, is amended to read: 
1. 
A1ewife rights. The commissioner shall grant the right, 
exclusive or otherwise, 
to take alewives to any municipality 
entitled to those rights on January 1, 1974 and may shall grant 
the right to take alewives to any other municipality provided: 
A. 
Any 
municipality 
that 
has 
had 
the 
right 
to 
take 
alewives, exclusive or otherwise, or is granted that right 
by 
the 
commissioner, 
shall 
take 
action 
through 
its 
legislative body and file a copy of this action with the 
commissioner prior to April 20th or lose that right for the 
remaining part of that year; 
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c. 
At its annual meeting the municipality may determine by 
vote: 
(1) 
Whether 
municipality 
committee; and 
alewife 
through 
fishing will be 
the 
municipal 
operated by the 
officers 
or 
a 
(2) 
Whether the municipal rights to take alewives will 
be sold by the municipal officers or committee; and 
D. 
Harvesting plans sha±± must be developed as follows. 
(1) 
Any municipality engaged in harvesting alewives 
shall 
submit 
a 
written 
harvesting 
plan 
to 
the 
commissioner prior to April 20th of each calendar year. 
All harvesting plans sha±± must set forth in detail the 
exact conditions under which alewives may be taken, all 
in accordance with good conservation practices. 
(2) 
The 
commissioner, 
after consultation with 
the 
appropriate municipal officers, shall approve or modify 
the 
harvesting 
plan 
as 
he--aeems 
the 
commissioner 
considers necessary for the conservation of alewives 
and other anadromous fish, and shall file a copy of the 
approved plan with the clerk of the municipality. 
Sec. 2. 12 MRSA §6131, sub-§9 is enacted to read: 
Page l-LRll83(1) 
9. 
Fees. 
A municipality that has 
the 
right 
to 
take 
alewives under subsection 1 may collect fees from the sale or 
lease of its alewife harvesting rights. 
Sec. 3. 
Report 
on fishing 
rights for 
migratory fish. 
The 
Commissioner of Marine Resources shall submit a report, no later 
than January 31, 2007, to the joint standing committee of the 
Legislature having jurisdiction over marine 
resources matters 
regarding the feasibility of the extension of municipal rights to 
take alewives to include the right to take other migratory fish, 
including, but not limited to, American shad and rainbow smelt. 
The 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over marine resources matters may report out a bill 
to the First Regular Session of the 123rd Legislature in response 
to the report. 
SUMMARY 
This bill requires the Commissioner of Marine Resources to 
grant the right to take alewives to any municipality that meets 
certain conditions. 
Current law requires that municipal rights 
to take alewives lapse if not exercised for 3 years. 
This bill 
eliminates that restriction. 
The bill also clarifies that any 
municipality that has the right to take alewives is authorized to 
collect fees from the sale or lease of alewife fishing rights. 
The bill also requires the Commissioner of Marine Resources to 
report on extending municipal rights to take alewives to include 
the right to take other migratory fish.