An Act To Create a Saltwater Recreational Fishing Registry
Maine Legislature, Session 124, LD 1432
Committee Amendment CA_C-SA_D_S482 (Senate)
Amends: 12 MRSA §6312

SENATE AMENDMENT ,oJ) "to COMMITTEE AMENDMENT "C" to S.P. 516, 
L.D. 1432, Bill, "An Act To Create a Saltwater Recreational Fishing Registry" 
Amend the amendment by striking out everything after the title and before the 
summaty and inserting the following: 
'Amend the bill by striking out everything after the enacting clause and before the 
summary and inset1ing the following: 
'Sec. 1. 12 MRSA §6312 is enacted to read: 
§6312. Saltwatel' recreational fishing registly 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "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. 
B. 
"Person with a disability" means a person who is physically or mentally 
incapacitated as determined by the commissioner. 
C. "Registry" means the registty for persons engaged in saltwater recreational fishing 
established under subsection 2. 
2, Saltwatel' recreational fishing registiy established. The commissioner shall 
administer and maintain a registry of persons who engage in saltwater recreational 
fishing. The commissioner may designate by rule the methods of fishing or the saltwater 
areas for which registration is required under this section. The registry must contain the 
name, address, date of birth and telephone number for each person registered. Any 
revenue generated from the sale of registry information must be used to fund the costs 
associated with the registty. 
3. Registl=y procedures. A person may register pursuant to subsection 2 through an 
agent under section 12501 or a publicly accessible online licensing and registration 
system operated by the Department of Inland Fisheries and Wildlife. The commissioner 
and the Commissioner of Inland Fisheries and Wildlife shall work together to allow a 
person to register on the registry through the Department of Inland Fisheries and 
SENATE AMENDMENT 
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SENATE AMENDMENT:]) "to COMMITTEE AMENDMENT"C" to S,P, 516, L.D. 1432 
Wildlife's online licensing and registration system while that data is stored and 
maintained by the Department of Marine Resources. 
A person purchasing a fishing 
license under section 12501 must be asked if that person intends to fish in salt water for 
that calendar year. ]fthe person answers in the affirmative, the person must be informed 
of the requirements under this section. 
4. Registration required. A person may not engage in saltwater recreational fishing 
or land or possess fish taken from salt water without registering pursuant to this section 
except: 
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 person with a disability; 
D. A disabled veteran; 
E. 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); 
F. 
An individual renting a smelt fishing camp from a commercial operator for 
recreational saltwater smelt fishing if that operator has registered with the 
commissioner in a manner determined by the commissioner; and 
G. A resident fishing on July 4th, Memorial Day weekend or Labor Day weekend. 
5. Fees. A fee for registering on the registry may not be established or levied. 
Notwithstanding any other provision of law to the contraty, a person registering through 
an agent authorized under section 12501 or an online licensing and registration system 
may not be charged an agent fee or a fee for using the online licensing and registration 
system except that a person registering through an agent authorized under section 12501 
may be charged an agent fee of $1 if the only transaction conducted by that person is 
registering on the registry. Notwithstanding any provision of law to the contralY, the 
department may reimburse the operator of the online licensing and registration system 
only to the extent of the actual expenses incurred by that operator when permitting 
registration under subsection 3. 
6. Administration and enforcement; funding. The commissiOlier shall administel' 
and enforce the provisions of this section within the department's existing resources. The 
commissioner shall work with the State's congressional delegation to seek federal funding 
for purposes of this section. ' The commissioner may not expand enforcement activities 
under this subsection beyond existing department resources unless federal funding is 
secured to cover the costs of those expanded enforcement operations. 
A. Until September 30,2011, a person who violates subsection 4 without having 
received a prior warning for a violation of that subsection may be issued a warning 
and must be informed about the registlY requirements. A person who violates 
SENATE AMENDMENT 
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SENATE AMENDMENT:])" to COMMITTEE AMENDMENT"C" t~ S.P. 516, L.D. 1432 
subsection 4 after having received a warning commits a civil violation for which a 
fine of not less than $100 may be adjudged. 
B. Beginning October 1, 2011, a person who violates subsection 4 commits a civil 
violation for which a fine of not less than $100 may be adjudged. 
7. Education; source of funding. The department may accept funding from any 
source, public or private, to be used by the depal1ment to educate the public on the 
provisions of this section. 
8. Collaboration 011 outreach efforts. The commissioner shall work with fishing 
and hunting groups and interested parties in the commissioner's effot1s to notify and 
educate the public about the registry. 
9. Report. The commissioner shall repot1 registlY information to the United States 
Depal1ment of Commerce, National Oceanic and Atmospheric Administration in a form 
and manner as required by the National Oceanic and Atmospheric Administration. 
10. Rules. The commissioner may adopt rules to carty out the purposes of this 
section. Rules adopted pursuant to this subsection are routine technical rules as defined 
by Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 
Registration proposal and report. 
The Commissioner of Marine 
Resources shall, within existing resources, establish and implement a registration process 
for commercial smelt fishing camps by November 3, 2010. The commissioner may not 
charge a fee for registering commercial smelt fishing camps. The commissioner shall 
report on the registration to the joint standing committee of the Legislature having 
jurisdiction over marine resources matters by January 3,2011. 
Sec. 3. Contingent effective date. This Act does not take effect unless, by 
JanualY 1,2011, the SecretalY of State receives written cel1ification fium the Depal1ment 
of Marine Resources and the Department of Inland Fisheries and Wildlife that a 
memorandum of agreement has been executed with the Federal Government to provide 
federal funding to the State for purposes of implementing and enforcing the saltwater 
recreational fishing registlY. The Commissioner of Marine Resources shall immediately 
notify the Clerk of the House of Representatives, the Secretmy of the Senate, the chairs of 
the joint standing committees of the Legislature having jurisdiction over inland fisheries 
and wildlife matters and marine resources matters and the Revisor of Statutes regarding 
the execution of the memorandum of agreement.' , 
SUMMARY 
This amendment replaces Committee Amendment "C" and does thefollowing. 
I. It creates a saltwater recreational fishing registlY administered by the Department 
of Marine Resources to register persons engaged in saltwater recreational fishing and 
directs that department and the Department of Inland Fisheries and Wildlife to work 
together to allow a person to register on the saltwater recreational fishing registty through 
the Department of Inland Fisheries and Wildlife's online licensing and registration system 
while that data is stored and maintained by the Department of Marine Resources. 
SENATE AMENDMENT 
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SENATE AMENDMENTQ) "to COMMITIEE AMENDMENT"C" to S:P. 516, L.D. 1432 
2. It provides that a law enforcement officer may issue a warning to a person who 
violates the registry requirements before September 30, 2011 and makes a subsequent 
violation by that person before September 30, 2011 a civil violation for which a fine of 
not less than $100 may be adjudged. 
After that date, any violation of the registlY 
requirements is a civil violation. 
3. It provides that a fee or online system fee, and in most cases an agent fee, may not 
be charged to a person registering on the registry. 
4. It requires the Commissioner of Marine Resources to 'establish and implement, 
within existing resources, a registration process for commercial smelt fishing camps by 
November 3, 2010. The commissioner may not charge a fee for registering commercial 
smelt fishing camps. 
The commissioner shall report on the registration to the joint 
standing committee of the Legislature having jurisdiction over marine resources matters 
by January 3, 2011. 
5. It establishes an effective date of January 1,2011 contingent on the Secretary of 
State's receiving written certification from the Department of Marine Resources and the 
DepaJ1ment of Inland Fisheries and Wildlife that a memorandum of agreement has been 
executed with the Federal Government to provide federal funding to the State for 
purposes of implementing and enforcing the saltwater recreational fishing registry. 
FISCAL NOTE REQUIRED 
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SPONSORED BY: ~ 
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(Senator TRAHAN) 
COUNTY: Lincoln 
SENATE AMENDMENT 
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Approved: 03/25/10 ;:!;Pac. 
LD 1432 
LR 1889(21) 
An Act To Create a Saltwater Recreational Fishing Registry 
Fiscal Note for Senate Amendment .j)" to Committee Amendment "6-
Sponsor: Sen. Trahan of Lincoln 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
App.·opdatiolls/ Allocations 
Other Special Revenue Funds 
$0 
($162,316) 
($665,609) 
($875,486) 
.l{evellue 
Other Special Revenue Funds 
$0 
($248,530) 
($912,788) 
($1,170,650) 
Fiscal Detail and Notes 
This floor amendment provides that enactment of the saltwater recreational fishing registry is not effective unless, by 
January 1,2011, the Department of Marine Resources has executed a memorandum of agreement with the federal 
government to provide federal funding to the state for implementation and enforcement of the saltwater recreational 
fishing registry. Therefore, the allocations have been removed from the bill and the Depal1ment of Marine Resources 
is required to work with Maine's Congressional Delegation to secure federal fundingto cover the costs of the saltwater 
recreational fishing registry. Additionally, this bill provides that a fee cannot be assessed for the registry and the 
increased Other Special Revenue Funds revenue to the Department of Marine Resources has been removed. 
Additional costs to the Department of Marine Resources associated with establishing and implementing a registration 
process for commercial smelt fishing shacks can be absorbed within existing budgeted resources. 
LR 1889(21) - Fiscal Note - Page 1 of 1