An Act To Protect Native Diadromous Fish during Their Migration
Maine Legislature, Session 123, LD 1528
Committee: Marine Resources
Sponsors: DAMON, WATSON, MITCHELL, ROTUNDO, BERRY, CRAVEN, PERCY, SIMPSON, WAGNER, WALCOTT
Amends: 38 MRSA §465, 38 MRSA §465-B

Legislative Document 
No. 1528 
S.P.551 
March 20, 2007 
An Act To Protect Native Diadromous Fish during Their Migration 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative WATSON of Bath and Senators: MITCHELL of Kennebec, 
ROTUNDO of Androscoggin, Representatives: BERRY of Bowdoinham, CRAVEN of 
Lewiston, PERCY of Phippsburg, SIMPSON of Auburn, WAGNER of Lewiston, WALCOTT 
of Lewiston. 
Prim~J on rc~ydetl paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §465, sub-§5 is enacted to read: 
5. All waters. Dams in all classifications of fresh and estuarine surface waters must 
provide safe and effective upstream and downstream passage for indigenous anadromous 
and catadromous migratory fish, including eels. For every day this fish passage is not in 
effect, the dam owner may be automatically fined not less than $1,000 by the department 
or other appropriate state agency. 
A. Passage does not include any method such as "trap and truck" in which fish or 
eels are removed from the vicinity of the dam for any period of time. 
B. 
For the purpose of this section, "safe" means that diadromous fish migrating 
upstream can pass the dam and are not killed or severely injured by dams when 
migrating downstream. 
"Safe" may not be construed to include passage through 
operating turbines or to include remedial measures that continue to kill or severely 
injure fish. 
Sec. 2. 38 MRS A §465, sub-§6 is enacted to read: 
6. Citizen suit provision. A person may commence a civil action on that person's 
own behalf against any person, including any governmental instrumentality or agency, 
who is alleged to be in violation of this section. The Superior Court has jurisdiction to 
enforce this section and impose penalties of up to $10,000 per day per violation. The 
Superior Court, in issuing any final order in any action brought pursuant to this section, 
may award costs of litigation, including reasonable attorney and expert witness fees, to 
any prevailing or substantially prevailing party seeking to enforce this section against a 
violator, whenever the court determines the award is appropriate. For the purpose of this 
section, "citizen" means a person or persons having an interest that is or may be adversely 
affected and "person" means an individual, corporation, partnership, association, 
including an unincorporated association, state agency, municipality, commission or 
political subdivision of the State. 
Sec. 3. 38 MRSA §465-B, sub-§4 is enacted to read: 
4. All waters. Dams in all classifications of fresh and estuarine surface waters must 
provide safe and effective upstream and downstream passage for indigenous anadromous 
and catadromous migratory fish, including eels. For every day this fish passage is not in 
effect, the dam owner may be automatically fined not less than $1,000 by the department 
or other appropriate state agency. 
A. Passage does not include any method such as "trap and truck" in which fish or 
eels are removed from the vicinity of the dam for any period of time. 
B. 
For the purpose of this section, "safe" means that diadromous fish migrating 
upstream can pass the dam and are not killed or severely injured by dams when 
migrating downstream. 
"Safe" may not be construed to include passage through 
operating turbines or to include remedial measures that continue to kill or severely 
injure fish. 
Page I - 123LR1911(Ol)-1 
Sec. 4. 38 MRSA §465-B, sub-§5 is enacted to read: 
5. Citizen suit provision. A person may commence a civil action on that person's 
own behalf against any person, including any governmental instrumentality or agency, 
who is alleged to be in violation of this section. The Superior Court has jurisdiction to 
enforce this section and impose penalties of up to $10,000 per day per violation. The 
Superior Court, in issuing any final order in any action brought pursuant to this section, 
may award costs of litigation, including reasonable attorney and expert witness fees, to 
any prevailing or substantially prevailing party seeking to enforce this section against a 
violator, whenever the court determines the award is appropriate. For the purpose of this 
section, "citizen" means a person or persons having an interest that is or may be adversely 
affected and "person" means an individual, corporation, partnership, association, 
including an unincorporated association, state agency, municipality, commission or 
political subdivision of the State. 
Sec. 5. Department of Environmental Protection's report. The Department 
of Environmental Protection and Board of Environmental Protection are directed to 
submit and support this revision to the Administrator of the United States Environmental 
Protection Agency in accordance with the Federal Water Pollution Control Act. 
Sec. 6. Effective date. This Act takes effect January 1, 2008. 
SUMMARY 
This bill requires that dams in this State in all classifications of fresh and estuarine 
surface waters must provide safe and effective upstream and downstream passage for 
indigenous diadromous fish. Diadromous fish are those that migrate from fresh to sea 
water or sea water to fresh water and are known as anadramous and catadramous fish, 
such as alewives, shad and salmon. It also provides a process for any person to bring a 
civil action against violators of the requirements.