An Act To Amend the Alewife Fishing Laws
Maine Legislature, Session 124, LD 0151
Committee: Marine Resources
Sponsors: PERCY
Amends: 12 MRSA §6131

Legislative Document 
No. 151 
H.P.130 
House of Representatives, January 15,2009 
An Act To Amend the Alewife Fishing Laws 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative PERCY of Phippsburg. 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6131, ~ub-:§l"enB, as enacted by PL 1977, c. 661, §5, is 
amended to read: 
B. 
Municipal rights in eJdstenoe on January 1, 1971 '""hioh that are not exercised for 
consecutive years shalt lapse; 
Sec. 2.· .12 MRSA §6131, sub-§2, 'lfA,as amended by PL 1987, .c. 513, §2, is 
fU11her amended to read: 
A. 
It shall be is unlawful to take alewives from 6 a.m. each Saturday Thursday 
morning until 6 a.m. Sunday morning. Municipalities whleh- that make other 
provisions for escape of· spawning alewives, which are approved by the 
commission-er, shall be are exempt from this limit.' 
' 
Sec. 3. 12 MRSA §6131, sub-§S, as enacted by PL 1977, c. 661, §5, is repealed 
and the following enacted in its place: 
5. Leasing of rights. The commissioner: 
A. When the commissioner decides to manage or lease any alewife fishing rights 
where a municipality has. had those rights and has failed to act as provided in 
subsection 1, shall so notify the clerk of the municipality in writing. After the notice, 
the commissioner may lease any of those rights to any person, as the commissioner 
determines is in the best interest of the State. All leases must be in writing and signed 
by the commissioner and the lessee and must set forth in detail the exact conditions 
under which the alewives may be taken, all in accordance with good conservation 
'practices; and 
B. 
May manage or lease alewife fishing rights in any river or stream where a 
municipality does not have those rights. The commissioner may lease any of those 
rights to any person, as the commissioner determines is in the best interest of the 
State. All leases must be in writing and approved and signed by the commissioner 
and the lessee and must set forth in detail the exact conditions under which the 
alewives maybe taken, all in accordance with good conservation practices. 
Sec. 4. 12 MRS A §6131, sub-§8, as enacted by PL 1977, c. 661, §5, is amended 
to read: 
8. 
Migratory Fish Fund. All fees received by the commissioner from alewife 
leasing rights shall be are allocated to the Migratory Fish Fund, as established. 
Expenditures from the Migratory Fish Fund shalt must be made: 
A. 
To build fishways for alewives and other migratory fish; 
B. 
For construction of other facilities for improving the environment of alewives 
and other migratory fish; 
C. 
For general propagation and conservation of alewives and other migratory fish; 
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D. 
For research to enhance the fishing industry based on alewives and other 
migratory fish;; and 
E. For management measures required to maintain or enhance alewife populations or 
popUlations of other migratory fish. 
The Migratory Fish Fund sflaI.l does not lapse. 
SUMMARY 
This bill removes a reference to January 1, 1974 so that municipal rights that were 
created at any point in time are subject to lapse after 3 consecutive years if they are not 
exercised. It extends the prohibition on taking alewives, which is currently from 6 a.m. 
Saturday to 6 a.m. Sunday, to from 6 a.m. Thursday to 6 a.m. Sunday. The bill clarifies 
that the Commissioner of Marine Resources may lease rights in any municipality where 
the municipality does not have those rights, not just those where municipal rights have 
existed in the past. Finally, it expands the uses of the Migratory Fish Fund to include 
management measures necessary to maintain or enhance alewife populations or 
populations of other migratory fish.