An Act To Amend Certain Provisions ofFish and Wildlife Law
Maine Legislature, Session 123, LD 1104
Committee Amendment CA_A_S234 (Senate)
Amends: 12 MRSA §10206, 12 MRSA §11152, 12 MRSA §12506

COMMITTEE AMENDMENT" A" to S.P. 356, L.D. 1104, Bill, "An Act To 
Amend Certain Provisions ofFish and Wildlife Law" 
Amend the bill by striking out section 1 and inserting the following: 
'Sec. 1. 12 MRSA §10206, sub-§5, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
5. Sucker and yellow perch permit revenues. All fees collected UftEief pursuant to 
section 12506 accrue to the Eel and Elver Management Fund established in section 6505-
D, except that $42 accrues to the General Fund for each eel pot or eel weir penn it issued 
UftEief pursuant to section 12506.' 
Amend the bill by inserting after section 2 the following: 
'Sec.3. 12 MRSA §11152, sub-§I, as amended by PL 2005, c. 477, §5, is further 
amended to read: 
1. Permit required. Except as otherwise authorized pursuant to this Part, a person 
may not hunt antlerless deer as authorized in this section unless that person has a valid 
pennit issued under this section. 
A. 
E)~ee~t as ~rol/ided in ~arag~R B, eaeR 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. 
B. 
A violation of this sabseetion iR WasRiRgtoR GoaRty is a Glass D erime for 
""RieR a miRimam fiRe of $1,000 mHst be im~osed, aRd the eO\ut sRall im~ose a 
seRteReiRg alternative iRvolviRg a term of im~risoRmeRt of at least 3 days, RORe of 
""RieR may be sas~eRded. 
Sec.4. 12 MRSA §11152, sub-§I-A is enacted to read: 
I-A. Antlerless deer in Washington County. Except as otherwise provided in this 
Part, a person may not hunt or possess an antlerless deer in Washington County. A 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '}1 "to S.P. 356, L.D. 1104 
person may possess an antIerless deer in Washington County that has been lawfully 
registered in another county. 
A person that violates this subsection commits a Class D crime for which a minimum fine 
of $1,000 must be imposed, and the court shall impose a sentencing alternative involving 
a term of imprisonment of at least 3 days, none of which may be suspended.' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 12 MRSA §12506, as amended by PL 2005, c. 683, Pt. A, §§I6 to 18, is 
further amended to read: 
§12506. Eel, sucker and yellow perch harvesting method permit; elver prohibition; 
limitations on alewife harvesting 
1. Permit required. Except as otherwise authorized pursuant to this Part and except 
as provided in subsection 5-A, a person may not fish for or possess the following fish 
using the harvesting methods listed in subsection 2 without a valid permit issued under 
this section: 
A 
... 
B. 
C. 
D. 
E. 
Alewives; 
Eels; 
Suckers; 
Lampreys; or 
Yellow perch. 
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. 
2. 
Issuance. The commissioner may adopt rules providing for the issuance of 
permits to fish for or possess the following fish using the following harvesting methods in 
the inland waters of the State, provided the permits do not interfere with any rights 
granted under section 6131 : 
A. 
Eels using eel pots or weirs; 
B. 
Suckers and yellow perch using trap nets, dip nets or spears; and 
C. 
Lampreys by hand or using hand-held dip nets-;-an6.:. 
D. 
Alewives \ising trap nets, dip nets, speaJ's or fisk pumps. 
The commissioner may place conditions on the use of gear allowed under this subsection 
and may prohibit or restrict the use of any gear used to concentrate species for harvest 
under this subsection. 
Each day a person violates a condition or restriction placed on the use of gear allowed 
under this subsection, that person commits a Class E crime. 
3. Fees; transfer of permit. The minimum fee for an individual permit for alewives, 
suckers, lampreys and yellow perch is $44. A crew permit may be sold for ale'llives, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ':A "to S.P. 356, L.D. 1104 
suckers, lampreys and yellow perch for $102, authorizing up to 3 persons to engage in the 
permitted activity. The annual fee for an eel pot or weir permit is $102. An eel pot or eel 
weir permit is not transferable. 
4. Five-year limited entry; eel weirs. A person is ineligible to receive an eel weir 
permit unless that person possessed a valid eel weir permit for calendar year 1995. The 
department shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 
2-A regarding the issuance of eel weir permits. The number of weirs and the number of 
square miles of watersheds in this State fished by eel weirs eaR may be no more than 
those permitted in calendar year 1995. 
lOS-A. Limitations on alewife harvesting. NotwithstaHding sHbseetion 1: Except as 
provided in this subsection a person may not harvest alewives. 
A. 
A person may fish for alewives by use of a dip net or single hook and line for 
consumption by that person or members of that person's family, provided that the 
person takes or possesses no more than one bushel in any day and provided also that 
the alewives are net taken downstream from any waters in whieh location where a 
municipality or other person has been granted exclusive rights under section 6131; 
and 
B. 
A person may fish for or possess alewives from inland waters if that person has 
been granted fishing rights under section 6131 t-and~ 
C. 
A person may take sHakers for Hse as bait for fishing in inland "'raters as 
provided in seation 12551 A without a peffHit Mnder sMbseetion 2. 
A person that violates this subsection commits a Class E crime. 
5-B. Harvesting suckers for bait without a permit. Notwithstanding subsection 1, 
a person may take suckers for use as bait for fishing in inland waters as provided in 
section 12551-A without a permit under subsection 2. 
6. Eels and elvers prohibitions. The following prohibitions apply to the harvesting 
of eels and elvers in inland waters. 
A. 
A person may not fish for or take elvers from inland waters. 
B. 
A person other than the owner of a weir used to fish for or take eels in inland 
waters may not tend that weir while the weir is immersed unless that person has in 
the person's possession written permission from the owner to tend the weir or is in the 
presence ofthe owner and has the owner's permission to tend the weir. 
A person who violates this subsection commits a Class E crime. 
7. Other harvesting methods for suckers. Notwithstanding subsection 1, a person 
licensed or otherwise entitled to fish in Maine waters may take suckers for that person's 
use in all rivers, brooks and streams that are open to fishing between April 1 st and June 
30th of each calendar year by the use of a hand spear, by bow and arrow or by snagging. 
A. 
A person may not use a bow and arrow to harvest suckers unless the arrow used 
has a barbed or pronged point and the arrow is attached to the bow with a line. 
B. The following penalties apply to violations of paragraph A. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ''A "to S.P. 356, L.D. 1104 
I 
(1) A person who violates paragraph A commits a civil violation for which a fine 
of not less than $100 nor more than $500 may be adjudged. 
(2) A person who violates paragraph A 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.' 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 12, sections 10206 and 12506 take effect January 1,2008.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
II 
SUMMARY 
This amendment removes the requirement that a person have a permit to harvest 
alewives from the Maine Revised Statutes, Title 12, Part 13 because jurisdiction over the 
management of that species is being transferred to another department. It makes those 
provisions effective January 1, 2008. It also provides that a person may not possess an 
antlerless deer in Washington County unless that deer has been legally registered in 
another county. 
FISCAL NOTE REQL"lRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Approved: 06/04/07 frac 
LD 1104 
LR 911(02) 
An Act To Amend Certain Provisions of Fish and Wildlife Law 
Fiscal Note for Bill as Amended by Committee Amendment ':,A " 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$1,627 
($1,627) 
2008-09 
$3,254 
($3,254) 
Projections 
2009-10 
$3,254 
($3,254) 
Projections 
2010-11 
$3,254 
($3,254) 
The repeal of the requirement to hold a permit for the harvesting of alewives will result in the loss of General Fund 
revenue by the Department ofInland fisheries and Wildlife. The estimated amounts are $1,627 and $3,254 in fiscal 
years 2007-08 and 2008-09, respectively. 
LR0911(02) - Fiscal Note - Page 1 of I