An Act To Create a Saltwater Recreational Fishing Registry
Maine Legislature, Session 124, LD 1432
Committee Amendment CA_A_S294 (Senate)
Amends: 12 MRSA §6312

COMMITTEE AMENDMENT "A" to S.P. 516, L.D. 1432, Bill, "An Act To 
Create a Saltwater Recreational Fishing Registry" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inseliing the following: 
'Sec. 1. 12 MRSA §6312 is enacted to read: 
§6312. Saltwater recreational fishing registry 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings . 
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A. 
"Person with a disability" means a person who is physically or mentally 
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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 DepaJiment of 
Veterans Affairs. 
C "RegistIY" means the registry for persons engaged in saltwater recreational fishing 
established under subsection 2. 
2. Saltwater recreational fishing registl)' 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. 
3. Registry procedures. A person may register pursuant to subsection 2 through an 
agent under section 12501 or a publicly accessible online licensing and registration 
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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 Depal1ment of Inland Fisheries and 
Wildlife's online licensing and registration system while that data is stored and 
maintained by the Depal1ment of Marine Resources. 
A person purchasing a fishing 
Page I - 124LR1889(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "An to S.P. 516, L.D. 1432 
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 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 or a person 70 years of age or older; 
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; and 
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). 
5. Fees. A fee for registering on the registry may not be established or levied. 
Notwithstanding any other provision of law, 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. 
6. Enforcement. The following provisions apply to the enforcement of the registry. 
A. Until September 30, 2011, a person who violates subsection 4 may be issued a 
warning and must be informed about the registry requirements. 
A person who 
violates 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. Collaboration on outreach efforts. The commissioner shall work with fishing 
and hunting groups and the interested parties in its efforts to notify and educate the public 
about the registry. 
8. Report. The commissioner shall report registry 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. 
9. 
Rules. The commissioner may adopt rules to carry 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. Commissioner to execute memorandum of agreement. By January 
1, 2010, the Commissioner of Marine Resources shall initiate negotiations to execute a 
COMMITTEE AMENDMENT 
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COMMIlTEE AMENDMENT" fr' to S.P. 516, L.D. 1432 
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. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
MARINE RESOURCES, DEPARTMENT OF 
Division of Administrative Services 0258 
Initiative: Provides funding for programming, printing and training related to the new 
saltwater recreational fishing registry. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2009-10 
$29,100 
$29,100 
2010-11 
$40,160 
$40,160 
This amendment reallocates most of the provisions of the bill to the licensing statutes 
for the DepaI1ment of Marine Resources instead of the DepaItment of Inland Fisheries 
and Wildlife. The differences between the bill and the amendment are as follows. 
1. It creates a saltwater recreational fishing registry administered by the Department 
of Marine Resources to register persons engaged in saltwater recreational fishing and 
directs that department and the DepaI1ment of Inland Fisheries and Wildlife to work 
together to allow a person to register on the saltwater recreational registry through the 
DepaI1ment of Inland Fisheries and Wildlife's online licensing and registration system 
wh i Ie that data is stored and maintained by the Department of Marine Resources. 
2. In addition to the list of persons exempt from the registry requirements under the 
bill, it adds a person 70 years of age or older. 
3. 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 that $100 may be adjudged. 
After that date, any violation of the registry 
requirements is a civil violation. 
4. It removes the requirement in the bill that an informational brochure be given to a 
person who violates the registry requirements before September 30, 20 II and directs the 
Department of Marine Resources to work with fishing and hunting groups and other 
interested paI1ies to notifY and educate the public about the saltwater recreational fishing 
registry. 
5. It provides that a fee, agent fee or online system fee may not be charged to a 
person registering on the registry. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT " ... k' to S.P. 516, L.D. 1432 
6. It provides that the Commissioner of Marine Resources and not the Commissioner 
of .Inland Fisheries and Wildlife shall initiate negotiations to execute an agreement with 
the National Oceanic and Atmospheric· Administration to exempt the State from the 
federal registry. 
7. 
It removes the deappropriation of $12,000 from the Department of Marine 
Resources recreational fishing program to fund the administration of the saltwater 
recreational fishing registry by the Department of Inland Fisheries and Wildlife because 
under this amendment the Department of Inland Fisheries and Wildlife is no longer 
administering the registry. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 06/02/09 ;:bpac 
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Net Cost (Savings) 
General Fund 
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LD 1432 
LR 1889(02) 
An Act To Create a Saltwater Recreational Fishing Registry 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$29,100 
2010-11 
$40,160 
Projections . 
2011-12 
$311,135' 
Projections 
2012-13 
$289,863 
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-"Appropriations/ Allocations 
General Fund 
Correctional and Judicial Impact Statements 
hlcreases the number of civil violations. 
$29,100 
$40,160 
$311,135 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
$289,863 
This legislation creates the saltwater recreational fishing registry. It includes a General Fund appropriation to the 
Depaliment of Marine Resources for training, registration printing costs and programming. The legislation indicates 
that warnings be issued until October 1, 2011. Enforcement costs related to the new registry can be absorbed within 
existing budgeted resources in the CUlTent biennium; In future years a boat, fuel and 3 seasonal marine patrol officers 
will be needed. The legislation states that fees for registering, including agent fees, may not be charged. 
LRI889(02) - Fiscal Note - Page I of 1