An Act To Recognize and Protect the Native Eastern Brook Trout as Maine's Heritage Fish
Maine Legislature, Session 122, LD 1131
Committee Amendment CA_A_S143 (Senate)
Amends: 12 MRSA §12461

COMMITTEE AMENDMENT ,A" to S.P. 395, L.D. 1131, Bill, "An 
Act To Recognize and Protect the Native Eastern Brook Trout as 
Maine's Heritage Fish" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 1 MRS A §212-A is enacted to read: 
§212-A. 
State heritage fish 
The eastern brook trout. Salvelinus fontinalis, is a state 
heritage fish. 
Sec. 2. 12 MRSA §12461 is enacted to read: 
§12461. 
Native brook trout waters 
1. 
AdQption of initial list of native brook trout waters. 
The commissioner shall adopt by rule a list of native brook trout 
waters composed of lakes and ponds that contain eastern brook 
trout and have never been stocked according to any reliable 
records. 
Rules adopted pursuant to this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
2. 
Addition of waters to list. 
The commissioner may adopt 
rules to amend the list established in subsection 1 to add a lake 
or pond if that lake or pond meets criteria established by the 
commissioner for classifying a lake or pond as native brook trout 
Page l-LRI048(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A .. to S.P. 395, L.D. 1131 
waters. 
Rules 
adopted to 
add 
a 
lake or pond 
to the list 
established under subsection 1 are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
3. Removal of waters from list. 
The commissioner may by 
rule 
remove 
a 
lake 
or 
pond 
from 
the 
list established 
in 
subsection 1. 
Rules adopted pursuant to this subsection are 
major substantive rules as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
4. 
Stocking native brook trout waters. 
The commissioner 
may not stock or issue a permit to stock fish in a lake or pond 
listed as native brook trout water under this section. 
5. Fishing restrictions. 
A person may not use live fish 
bait or possess live fish bait on a lake or pond listed as native 
brook trout water under this section. 
A person who violates this 
subsection commits a Class E crime.' 
SUMMARY 
This 
amendment 
replaces 
the 
bill 
and 
directs 
the 
Commissioner of Inland Fisheries and Wildlife to adopt by major 
substantive rule a list of lakes and ponds identified as native 
brook trout waters that have never been stocked. 
It authorizes 
the commissioner to add bodies of water to the initial list of 
native brook trout waters by routine technical rule if that body 
of water meets criteria established by the commissioner. 
It also 
provides that the commissioner may remove a lake or pond from the 
list by major substantive rule. 
This amendment provides that the 
commissioner may not stock or issue a permit to stock fish in 
native brook trout water and makes the use or possession of live 
bait fish on such a lake or pond a Class E crime. 
Finally, the 
amendment recognizes the eastern brook trout as a Maine heritage 
fish. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04122105 ~ac:.. 
LD 1131 
LR 1048(02) 
An Act To Recognize and Protect the Native Eastern Brook Trout as Maine's Heritage Fish 
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 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements: 
Establishes a new Class E crime. 
The collection of additional fines may increase General Fund revenue by minor amounts. 
LRI048(2) - Fiscal Note - Page 1 of 1