An Act To Amend Laws Pertaining to Commercial Fishing and Baitfish
Maine Legislature, Session 122, LD 0723
Committee Amendment CA_A_H352 (House)
Amends: 12 MRSA §10001, 12 MRSA §12456, 12 MRSA §12551-A

COMMITTEE AMENDMENT ·A" to H.P. 518, L.D. 
Act To Amend Laws Pertaining to Commercial Fishing 
723, Bill, "An 
and Baitfish" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 12 MRSA §10001, sub-§12-A, as enacted by PL 2003, c. 
552, §l and affected by §15 and c. 655, Pt. C, 
§§2 and 6, is 
repealed and the following enacted in its place: 
12-A. 
Dip net. 
"Dip net" means: 
A. 
Except when taking smelts in a tributary or within 100 
feet of the mouth of a tributary, a device consisting of a 
rigid frame filled with netting, firmly attached to a rigid 
handle and manually operated by a single person; and 
B. 
When used to take smelts in a tributary or within 100 
feet of the mouth of a tributary, a device consisting of a 
rigid circular frame that is not more than 24 inches in 
diameter as measured at any point on the hoop, filled with 
netting, 
firmly attached to a 
rigid handle and manually 
operated by a single person. 
Sec. 2. 12 MRSA §12456, sub-§2, 1JA, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by c. 614, §9, is repealed and the 
following enacted in its place: 
A. 
A person who holds a valid Maine fishing license may 
take smelts for recreational purposes only from the inland 
waters or portions of inland waters that are naturally free 
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COMMITTEE AMENDMENT 
to H.P. 518, L.D. 723 
of ice with a dip net in the usual and ordinary way from 
noon to 2:00 a.m. in accordance with bag limits established 
by 
rule. 
Bag 
limits 
established 
by 
rule 
under 
this 
paragraph are for a 24-hour period. beginning at noon on a 
given day and ending at 11: 59 a.m. the following day. 
The 
commissioner may prohibit the taking of smelts under this 
section or shorten the noon to 2:00 
a.m. 
smelt fishing 
timeframe by rule for enforcement or conservation purposes. 
(l) 
A person may not keep more than 5 dozen smelts 
alive as part of that person's daily bag limit pursuant 
to this paragraph. 
(2) A person may not take smelts with a dip net unless 
that dip net meets 
the 
reguirements 
under 
section 
10001. subsection 12-A. 
Each day a person violates subparagraph (1) or (2) that 
person commits a Class E crime; 
Sec. 3. 12 MRSA §12551-A, sub-§7, 1r1rA and B, as enacted by PL 
2003, c. 655, Pt. B, §259 and affected by §422, are amended to 
read: 
A. 
The holder of a smelt wholesale dealer's license may: 
(1) 
Take live smelts for resale from aBY inland wa~e~ 
waters or private 
peBe~. The 
taking of live 
smelts from inland waters must be in accordance with 
general rules adopted by the commissioner in regard to 
the taking of smelts. 
Except as provided in paragraph 
B, 
the holder of a 
smelt wholesaler's license shall 
comply with the 
same daily bag limit and the same 
tackle restrictions that apply to all other anglers and 
is subject to the 
same penalties for violations of 
those limits and restrictions. 
This subparagraph does 
not apply to a holder of a fish cultivator license as 
provided under section 12507; 
(2) 
Yse--a--9ai~Eish--t.~-ap-,--a--d4p--Be~T From ice in to 
ice-out. use a drop net, a lift netT-~~-Be~ or hook 
and line to take up to 8 quarts of smelts iB-a-~4-heQ~ 
peFieeT-&e~4BB4B~-~-~~~~~¥e&-eaYT from specific 
inland waters designated by the commissioner. 
A dip 
net may be used in conjunction with the above methods 
to 
assist 
with 
the 
handling 
and 
transporting 
of 
smelts. 
A licensee 
may 
keep 
the daily bag limit 
alive. 
The daily bag limit established under this 
subparagraph is for a 24-hour period. beginning at noon 
COMMITTEE AMENDMENT 
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GS 
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COMMITTEE AMENDMENT ,A .. to H.P. 518, L.D. 723 
on a given day and ending 
at 11:59 a.m. the following 
~; 
(2-A) 
In waters naturally free of ice, take smelts 
from noon to 2: 00 a.m. by the use of a dip net in the 
usual and ordinary way. 
The commissioner may establish 
the daily bag limit by rule and a licensee may keep the 
daily bag limit of smelts alive. The daily bag limit 
established under this subparagraph is for a 
24-hour 
period, beginning at noon on a given day and ending at 
11:59 a.m. 
the following day. 
The 
commissioner may 
shorten the noon to 2: 00 a.m. smelt fishing timeframe 
by rule for enforcement or conservation purposes; 
(3) 
MaY-Qse-pa~~~eles-e~-ieee Use artificial light for 
the purpose of luring smelts to a 
&ai~ii5h-~~~-~-e~p 
8e~T-a drop netT Q£ a lift net e~-a-&a~-8e~; 
holder's business 
limit of 
smelts 
by the license 
or acquired from 
to deal in live 
(4) 
Transport or possess at the 
facility 
more 
than 
the 
daily bag 
provided that the smelts were taken 
holder in accordance with this section 
a person licensed under this section 
smelts; 
(5) 
Designate others to assist in selling live smelts 
at the holder's business facility; and 
(6) 
Transport or designate others to transport on the 
license holder's behalf live smelts in accordance with 
this subsection. 
B. 
The holder of a smelt wholesale dealer's license may not: 
(1) 
When engaged in taking, or assisting in taking, 
live smelts for resale from inland waters, fail to 
exhibit the license to any agent of the commissioner 
upon request; 
(2) 
Take multiple bag limits from waters governed by 
general rules regulating the taking of smelts in order 
to attain the 8-quart limit of smelts described in 
paragraph A, subparagraph 6 ill; 
(3) 
Use a seine to take smelts; 
(4) 
Transport or possess at the holder's business 
facility more than the daily bag limit of smelts at any 
time unless the smelts were acquired in accordance with 
paragraph A, subparagraph -4- 111. 
If the smelts were 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 
to H.P. 518, L.D. 723 
purchased from another person, the license holder must 
present a receipted invoice, bill of lading or bill of 
sale to any agent of the commissioner upon request; 
(5) 
Transport 
from 
an inland water 
source to the 
licensee's place of business more than 8 quarts of live 
smelts; 
(6) 
Permit any person to transport live smelts on the 
license holder's behalf directly from an inland water 
source; 
(7) 
Attempt to take from the inland waters of the 
State live smelts for resale using drop nets through 
the ice unless the license holder marks all holes made 
in the ice by. that license holder for that purpose. 
The holes must be marked either by evergreen boughs 
placed around the hole or by suspending at least one 
strand of fluorescent biodegradable tape at least 3 
feet above the ice around the entire perimeter of the 
hole so that the tape is visible from all sides; 
(8) 
Take smelts al:u;::i:BEj--t-he--W..l.£-t.-e-£--fRG.:&t.a.&r--&K-eep4:--By 
aeek-aBa-*:i:BeT unless the holder aas-a uses an operable 
cOmmercially manufactured 
number 
fish grader 
:i:B 
epeFa9*e-€eBa..l.-t...l.eB-~~~~~~~~-~~at.&-pFeH:i:m:i:~y 
to sort smelts by size during the taking of smelts aBa 
Qses-~~-~~--aQF~~--t.Ae-~~~~t.~-ae~:i:v:i:Ey· 
The holder shall liberate immediately all undersized 
smelts alive into the waters 
from 
which they were 
taken. 
For 
the 
purpose 
of 
this 
subparagraph, 
a 
commercially manufactured number 14 grader is a grader 
having a minimum grate size of 14/64 inches and that 
allows smelts to pass through at least 2 sides and the 
bottom of the grader. 
The cOmmissioner may adopt rules 
to 
amend 
the 
grate 
size 
restrictions 
under 
this 
subparagraph if the cOmmissioner determines such rules 
are 
necessary 
for 
conservation 
or 
enforcement 
purposes. 
~aiS--5QBpa£aEj£apA--~-~--~~--~--a 
*ieeBse-ae*aeF-wae-~isaes-wiEa-a-aeek-aBa-*iBe-eB*Y; e~ 
(9) 
Possess at that person's place of business any 
species of fish that may not legally be sold as baitT~ 
( 10) 
Use particles of food or any other type of bait 
or lure except light to lure smelts to a drop net or a 
lift net; or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A .. to H.P. 518, L.D. 723 
(11) 
Use a dip net to take smelts unless that dip net 
meets the requirements under section 10001. subsection 
12-A. 
Each 
day 
a 
person violates this paragraph that person 
commits a 
e~ass Class E crime. 
Sec.4. 12 MRSA §12551-A, sub-§10 is enacted to read: 
10. 
Reports regyired. 
A person licensed under this section 
must submit a report on forms provided by the department with the 
following information: 
name and location, including the town and 
county of waters fished: date fished: total catch: gear type: and 
number of nets used. 
The-report must be submitted by May 31st of 
each year. 
A person who has not submitted this report may be 
prohibited from obtaining a license under this section. 
A person 
who is prohibited from obtaining 
a license under this section 
may submit an appeal to the commissioner. 
All data submitted as part of the report are for scientific 
purposes only and are confidential and not a public record within 
the meaning of Title 1, chapter 13, subchapter 1, except that the 
COmmissioner may disclose data collected under this subsection if 
that data are released in a form that is statistical or general 
in nature. ' 
SUMMARY 
This amendment replaces the bill and: 
1. Provides restrictions on the size of a dip net that can 
be used to take smelts in certain areas; 
2. 
Provides that a person who holds a valid Maine fishing 
license may take smelts for recreational purposes only in inland 
waters free or partially free of ice from noon to 2:00 a.m. with 
a dip net. 
It also provides that a licensee may keep only 5 
dozen smelts of that person's bag limit alive and clarifies that 
the bag limit is for a 24-hour period; 
3. 
Provides that from ice-in to ice-out, smelt wholesale 
dealers are prohibited from using baitfish traps and dip nets to 
take smelts, except a dip net can be used to assist in handling 
and transporting smelts; 
4. 
Provides that in waters naturally free of ice, a smelt 
wholesale dealer may take smelts from noon to 2:00 a.m. by the 
use of 
a 
dip net and authorizes the Commissioner of Inland 
Fisheries and Wildlife to establish a daily bag limit by rule. 
A 
licensee may keep the daily bag limit alive and the daily bag 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A .. to H.P. 518, L.D. 723 
limit is for a 24-hour period. 
The amendment restricts wholesale 
dealers to 2 quarts during this time period; 
5. It authorizes the commissioner to shorten the noon to 
2: 00 a.m. 
smelt fishing timeframe by rule for enforcement or 
conservation purposes; 
6. 
Prohibits 
smelt 
wholesale 
dealers 
from 
using 
food 
particles or any other type of bait or lure except artificial 
light for luring smelts into a drop net or lift net; 
7. Amends the description of a smelt grader and gives the 
commissioner the authority to modify that description by rule for 
conservation or enforcement purposes; 
8. 
Requires a person who holds a smel t wholesaler dealer 
license who fishes with a hook and line or a dip net to use a 
grader to size smelts caught by hook and line and dip net; 
9. 
Removes the requirement that smelt wholesale dealers 
report dates they fished for smelts; 
10. 
Changes the date that smelt wholesale dealers must 
report to the Department of Inland Fisheries and Wildlife 
from 
April 10th to May 31st annually and makes all data submitted in 
the report confidential, 
except the commissioner 
may 
release 
otherwise confidential information if it is released in a form 
that is statistical or general in nature; and 
11. 
Gives the commissioner the discretion to prohibit a 
person from obtaining a smelt wholesale dealers license if that 
person 
fails 
to 
meet 
reporting 
requirements. 
Current 
law 
mandates 
that 
a 
person 
who 
fails 
to 
meet 
the 
reporting 
requirements is ineligible to obtain a smelt wholesale dealers 
license. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05110/05 ~ae 
LD723 
LR0332(02) 
An Act To Amend Laws Pertaining to Commercial Fishing and Baitfish 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0332(2) - Fiscal Note - Page 1 of 1