An Act To Create a Saltwater Recreational Fishing R~gistry (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1432
Committee: Marine Resources
Sponsors: TRAHAN, McKANE, BRyANT, RA YE, RECTOR, CLARK, EATON, KRUGER

FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 1432 -
S.P.516 
In Senate, April 7, 2009 
An Act To Create a Saltwater Recreational Fishing R~gistry 
(AFTER DEADLINE) 
Approved for introduction by a maj ority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator TRAHAN of Lincoln. 
Cosponsored by Representative McKANE of Newcastle and 
9r[)(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BRyANT of Oxford, RA YE of Washington, RECTOR of Knox, Representatives: 
CLARK of Millinocket, EATON of Sullivan, KRUGER of Thomaston, MacDONALD of 
Boothbay, PENDLETON of' Scarborough. 
Printed 011 recycled pnper 
Be it enacted by the People of the State Of Maine as follows: 
Sec. 1. 12 MR.SA §6312 is enacted to read: 
§6312. Saltwater recreational fishing 
A person may not engage in saltwater recreational fishing or land or possess fish 
taken from salt water without registering pursuant to section 12514. The commissioner 
may designate the methods of fishing or the saltwater areas for which registration is 
required under this section. The commissioner may adopt rules to carry out the purposes 
of this section. Rules adopted pursuant to this section are routine technical rules under 
Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 12 MR.SA §12514 is enacted to read: 
§12514. Saltwater recreational fishing 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings: 
A. 
"Person with a disability" means a person who is physically or mentally 
incapacitated as determined by the commissioner; 
B. "Disabled veteran" means a veteran of the Armed Forces of the United States who 
has a service-connected disability as determined by the United States Department of 
Veterans Affairs; and 
C. "Registry" means the registry for persons engaged in saltwater recreational fishing 
under subsection 2. 
2. Saltwater recreational fishing registry. The commissioner shall administer and 
maintain a registry of persons who engage in saltwater recreational fishing under section 
6312. A person who engages in saltwater recreational fishing or lands or possesses fish 
taken from salt water in the State must register annually with the commissioner pursuant 
to this section. 
3. Registry procedures. A person may register pursuant to subsection 2 through an 
agent under section 12501 or a publicly accessible online electronic system used to 
purchase fishing licenses operated by the department. A person purchasing a fishing 
license under section 12501 must be asked if the person intends to fish in salt water for 
that calendar year. If the person answers in the affirmative, the person must be informed 
of the requirements under this section. 
4. Registry information. The registry must contain the following information for 
each person registered: 
A. Name; 
B. Address; 
C. Date of birth; and 
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D. Telephone number. 
5. Exemptions. The following persons are exempted from this section: 
A. A person under 16 years of age; 
B. A passenger on board a vessel captained by an individual who possesses a current 
guide license for tidewater fishing issued under section 12853 or a customer on board 
a vessel licensed to carry passengers for hire for recreational fishing; 
. C. A member of the United States Armed Forces on active military duty while on 
leave or furlough; 
D. A person with a disability; 
E. A disabled veteran; or 
F. A person who is registered or licensed to engage in saltwater recreational fishing 
in another jurisdiction if the registration or licensing requirements of that jurisdiction 
meet the requirements of 50 Code of Federal Regulations, Sections 600.1415 and, 
600.1416 (2009). 
6. Report. The commissioner 'shall report registry information to the United States 
Department of Commerce, National Oceanic and Atmospheric Administration in a form 
and manner aSJequired by the National Oceanic and Atmospheric Administration, 
7. Enforcement. Until September 30,2011, a person who violates this section must 
be issued an informational brochure developed by the commissIoner to educate and. 
inform the person on the requirements of this section. Beginning October 1, 2011, a 
person who violates this section commits a civil violation for which a fine of not less than 
$100 may be adjudged. 
8. Rules. The commissioner may adopt rules to carry out the pumoses of this 
section. Rules adopted pursuant to this subsection are routine technical rules as defined 
by Title 5, chapter 375, subchapter 2-A. 
Sec. 3. Commissioner to execute memorandum of agreement. By January 
1, 2010, the Commissioner ofInland Fisheries and Wildlife shall initiate negotiations for 
and execute a memorandum of agreement with the United States Department of 
Commerce, National Oceanic and Atmospheric Administration pursuant to the provisions 
of 50 Code of Federal Regulations, Section 600.1415 (2009). 
. Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
MARINE RESOURCES, DEPARTMENT OF 
Bureau of Resource Management 0027 
Initiative: Deappropriates funds from, the recreational fishing program to fund the 
saltwater recreational fishing regi~try under the Department of Inland Fisheries and 
Wildlife. 
GENERAL FUND 
2009-10 
2010-11 
) 
All Other 
($12,000) 
($12,000) 
GENERAL FUND TOTAL 
($12,000) 
($12,000) 
MARINE RESOURCES, DEPARTMENT OF 
DEPARTMENT TOTALS 
2009-10 
2010-11 
GENERAL FUND 
($12,000) 
($12,000) . 
INLAND FISHERIES AND WILDLIFE, DEPARTMENT OF 
Saltwater Recreational Fishing Registry 
Initiative: Appropriates funds to create and administer the saltwater recreational fishing 
registry. 
GENERAL FUND 
2009-10 
2010-11 
AIl Other 
$12,000 
$12;000 
. 
GENERAL FUND TOTAL 
$12,000 
$12,000 
) 
INLAND FISHERIES AND ~DLIFE, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
2009-10 
2010-11 
GENERAL FUND 
$12,000 
$12,000 
SECTION TOTALS 
2009:-10 
2010-11 
GENERAL FUND 
$0 
$0 
SECTION TOTAL - ALL FUNDS 
$0 
$0 
SUMMARY 
This bill creates the saltwater recreational fishing registry to register persons engaged 
in saltwater recreational fishing to be administered by the Department of Inland Fisheries· 
and Wildlife through the department's existing program to issue fishing licenses. The bill 
directs the Commissinner of Inland Fisheries and Wildlife to negotiate a memorandum of 
agreement with the United States Department of Commerce, National Oceanic and 
Atmospheric Administration to exempt the State from a federal registry if the State 
submits data from the saltwater recreational fishing registry created by this bill. This bill 
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deappropriates $]2,000 from the Department of Marine Resources recreational fishing 
program to fund, the saltwater rec~eational fishing registry.