An Act To Amend the Law Regarding Fishing Derbies
Maine Legislature, Session 122, LD 0565
Committee Amendment CA_A_H137 (House)
Amends: 12 MRSA §12504, 12 MRSA §12504-A

COMMITTEE AMENDMENT ".Fi" to H.P. 420, L.D. 565, Bill, "An 
Act To Amend the Law Regarding Fishing Derbies" 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
'Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, students may not be able to obtain adequate funding 
for the upcoming academic school year unless this bill takes 
effect in time to allow academic fishing derbies to take place 
during this year's open-water fishing season; 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 §12504, sub-§I, as enacted by PL 2003, c. 414, 
Pt. A, §2 and affected by c. 614, §9, is amended to read: 
1. 
Permit required. 
Except as provided in see~ieB sections 
l2504-A and 12505, a person may not conduct a fishing derby or 
Page l-LR1440(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. ~ .. to H.P. 420, L.D. 565 
fishing 
tournament without 
a 
valid permit issued under this 
section. 
Each day a person violates this subsection, that person commits a 
Class E crime for which a minimum fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
Sec. 2. 12 MRSA §12504-A is enacted to read: 
§12504-A. 
Fishing derby pePRits for educational institutions 
1. 
Permit required. 
A person may not conduct a fishing 
derby held by an educational institution that awards prizes in 
excess of $10,000 for a single fishing derby without a permit 
issued under this 
section. 
For 
purposes 
of this 
section, 
"educational 
institution" 
means 
an 
accredited 
postsecondary 
educational institution incorporated, 
chartered or established 
under the laws of the State. 
~ach day a 
~erson violates this subsection, that ~erson commits a 
Class E crime for nnich a minimum fine of SSO and an amount eQual 
to twice the applicable license fee must be imposed. 
2. 
Application. 
An 
educational 
institution 
seeking 
approval to conduct a fishing derby pursuant to this section must 
submit an application to the commissioner in a manner and form to 
be designated by the commissioner. 
The application must include 
the educational institution's derby rules, 
any 
amendments or 
changes to the rules and a schedule of the dates, places and 
times 
of 
the 
proposed 
derby. 
The 
department 
shall 
accept 
applications after January 1st annually for derbies to be held 
during that year and process those applications in the order of 
receipt. 
3. 
Restrictions 
and 
remrlrepaents. 
The 
following 
restrictions and reQuirements apply to permits issued under this 
section. 
A. 
Rules adopted by the commissioner pursuant to section 
12504 are applicable to permits issued under this section, 
except rules limiting the cash value of prizes or concerning 
an ice fishing derby. 
B. A fishing derby may be conducted only in bodies of water 
free of ice. 
C. 
A person may not participate as an angler in a fishing 
derby unless that person is affiliated with the sponsoring 
educational institution, either as a student, 
a parent or 
sibling of a student, an alumnus or a staff member of the 
educational institution. 
A student may 
invite 
a 
single 
COMMITTEE AMENDMENT 
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~'" 
COMMITTEE AMENDMENT "~,, to H.P. 420, L.D. 565 
guest to participate in a derby held under this section. 
For purposes of this paragraph, "student" includes a current 
or incoming student. 
D. At least 8040 of the prizes awarded at a fishing derby 
must be in the form of scholarships. 
E. 
An angler participating in a fishing derby may not use a 
motorboat. 
F. 
A fishing derby may not target cold-water species. 
G. 
A fishing derby must be an eyent that is only catch and 
release or catch. measure and release. 
H. 
An angler participating in a fishing derby may not have 
more than one rod per person or more than 2 rods per boat. 
I. 
An 
angler participating in a 
fishing derby may use 
artificial lures only. 
4. Rules. The commissioner may adopt rules necessary to 
carry out the purposes of this section. 
Rules adopted pursuant 
to this subsection are routine technical rules as defined in 
Title 5. chapter 375. subchapter 2-A. 
5. 
Penalty. 
Except 
as 
provided in section 
12602. 
the 
following penalties apply to yiolations of subsection 3 or rules 
adopted under subsection 4. 
A. 
A person who violates subsection 3 or a rule adopted 
pursuant to SUbsection 4 commits a ciyil violation for which 
a fine of not less than $100 nor more than $500 may be 
adjudged. 
B. 
A person who yio1ates subsection 3 or a rule adopted 
under subsection 4 after having been adjudicated as having 
committed 3 or more civil violations under this Part within 
the previous 5-year period commits a Class E crime. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment replaces the bill with an emergency measure 
that 
establishes 
a 
derby 
fishing 
permit 
for 
educational 
institutions that wish to hold fishing derbies and award prizes 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~,, to H.P. 420, L.D. 565 
in excess of $10,000 for a single fishing derby. 
Additionally, 
the amendment establishes the following permit restrictions. 
1. 
Rules adopted by the commissioner pursuant to the Maine 
Revised Statutes, Title 12, 
section 12504 
are applicable to 
permits issued under the new derby permit section, except for 
rules limiting the cash value of prizes or concerning an ice 
fishing derby. 
2. A derby may be conducted only in bodies of water free of 
ice and may not target cold water species. 
3. 
A person may not participate as an angler in a derby 
unless that person is affiliated with the sponsoring educational 
institution, either as 
a 
student, 
a 
parent or sibling of 
a 
student, 
an 
alumnus 
or 
a 
staff 
member 
of 
the 
educational 
institution. 
A student may invite a single guest to participate 
in the derby. 
4. At least 80~ of the prizes awarded at a derby must be in 
the form of scholarships. 
5. 
An 
angler participating in a 
derby may 
not use 
a 
motorboat or have more than one rod per person or more than 2 
rods per boat and is limited to fishing with artificial lures 
only. 
6. 
A derby must be an event that is only catch and release 
or catch, measure and release. 
FISCAL :\OTE REQUR£D 
~S:e attached) 
COMMITTEE AMENDMENT 
Approved: 03/07 105 frae 
LD565 
LR 1440(02) 
An Act To Amend the Law Regarding Fishing Derbies 
Fiscal Note for Bill as Amended by Committee Amendment 'ft' 
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 new civil violations and Class E crimes 
The collection of additional fmes may increase General Fund revenue by minor amounts 
LR1440(2) - Fiscal Note - Page 1 of 1