An Act To Simplify and Consolidate Maine's Fishing Laws and Rules
Maine Legislature, Session 124, LD 0085
Committee Amendment CA_A_S128 (Senate)
Amends: 12 MRSA §12452, 12 MRSA §12454, 12 MRSA §12455, 12 MRSA §12456, 12 MRSA §12461, 12 MRSA §12656, 12 MRSA §12659-A, 12 MRSA §12661

COMMITTEE AMENDMENT" A. "to S.P. 34, L.D. 85, Bill, "An Act To Simplify 
and Consolidate Maine's Fishing Laws and Rules" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §12452, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by c. 614, §9, is amended to read: 
§12452. Consolidation of rules 
Fishing rules as set forth in the aHfH:lal Open Water and Ice Fishing Regulations 
folder and the annual Ice Fishing Regulations folder, as printed and distributed to the 
public, are declared to be official consolidations of fishing rules upon filing with the 
Secretary of State, except that the 150-day limit of Title 5, section 8052, subsection 7, 
paragraph B does not apply to this section. 
Sec. 2. 12 MRSA §12454, sub-§1, '1[B, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is repealed. 
Sec. 3. 12 MRSA §12455, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by c. 614, §9, is repealed. 
Sec. 4. 12 MRSA §12456, sub-§1, as amended by PL 2007, c. 695, Pt. C, §3, is 
repealed. 
Sec. 5. 12 MRSA §12456, sub-§1-A is enacted to read: 
I-A. Open seasons. The commissioner shall establish open seasons for fishing, 
except as provided in this section and section 6140-A, subsection 4. 
A. 
The open-water fishing season on boundary waters between Maine and New 
Brunswick is from April 15th to September 30th, inclusive. 
Sec. 6. 12 MRSA §12456, sub-§2, as amended by PL 2005, c. 237, §2, is further 
amended to read: 
COMMITTEE AMENDMENT 
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COMMIlTEE AMENDMENT "A "to S.P. 34, L.D. 85 
2. Exceptions. Notwithstanding the open seasons established under subsection -l-
I-A: 
A. A person who holds a valid Maine fishing license may take smelts for recreational 
purposes only from the inland waters or portions of inland waters that are naturally 
free of ice with a dip net in the usual and ordinary way from noon to 2:00 a.m. in 
accordance with bag limits established by rule. Bag limits established by rule under 
this paragraph are for a 24-hour period, beginning at noon on a given day and ending 
at 11 :59 a.m. the following day. The commissioner may prohibit the taking of smelts 
under this section or shorten the noon to 2:00 a.m. smelt fishing timeframe by rule for 
enforcement or conservation purposes. 
(1) A person may not keep more than 5 dozen smelts alive as part of that 
person's daily bag limit pursuant to this paragraph. 
(2) A person may not take smelts with a dip net unless that dip net meets the 
requirements under section 10001, subsection 12-A. 
Each day a person violates subparagraph (1) or (2) that person commits a Class E 
crimet.:. 
B. There is a continued closed season on ,the dipping of smelts from Morrill Pond 
and its tributaries in Somerset County; 
C. 
'Nhene'Ver the last day of open water fishing season falls on a Saturday, the 
season is extended one day to include the follmving Sunday; and 
D. The commissioner by rule may extend the open water fishing season as long as 
such an extension does not pose a threat to the fishery. 
R~les adopted under this 
paragraph may include provisions that establish catch and release only restrictions on 
landlocked salmon, trout, togue and bass. 
Sec. 7. 12 MRSA §12461, sub-§6 is enacted to read: 
6. Exceptions. Notwithstanding the stocking restrictions set forth in subsection 4, 
the commissioner may: 
A. Stock Big Reed Pond in T.8, RIO, W.E.L.S. with native fish species. If sufficient 
brook trout from Big Reed Pond are not available, brook trout from Reed Brook and 
its tributaries in T.8, R.l 0, W.E.L.S. may be used for restocking. If arctic chaIT from 
Big Reed Pond are not available, arctic chaIT from an endemic arctic chaIT water in 
the State may be used for restocking. If northern red belly dace need to be restocked 
in Big Reed Pond, northern redbelly dace from Reed Brook and its tributaries in T.8, 
R.10, W.E.L.S. may be used for restocking. 
Sec. 8. 12 MRS A §12652, sub-§l, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §275 and affected by §422, is repealed and the following 
enacted in its place: 
1. Prohibition. Unless otherwise provided: 
A. 
A person may not fish with more than 2 lines at anyone time during the 
open-water fishing season; and 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to s.p. 34, L.D. 85 
B. A person may not fish during the open-water fishing season unless that person's 
fishing lines are under that person's immediate supervision. 
Sec. 9. 12 MRSA §12656, sub-§I, CUA, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read: 
A. Possess any grapnel, trawl, weir, seine, gill net er~ trap er~ set line or drop net on 
or adjacent to any of the inland waters of the State, except in accordance with 
sections 12157 and 12506, section 12551-A, subsection 7, paragraph A, subparagraph 
ill and section 12763, subsections 3 and 4; or 
Sec. 10. 12 MRSA §12659-A, sub-§4, as amended by PL 2005, c. 477, § 19, is 
further amended to read: 
4. Checking cusk lines. In waters that are opened under seotion 12454, subseotion 
1, paragraph E, a A person fishing through the ice for cusk in the nighttime shall visit at 
least once every hour all lines set by that person for cusk. 
A. A person who violates this subsection commits a civil violation for which a fine 
of not less than $100 nor more than $500 may be adjudged. 
B. A person who violates this subsection 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. 
Sec. 11. 12 MRSA §12661, sub-§I, ~A, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §283 and affected by §422, is further amended to read: 
A. May not leave or allow the shack or structure to remain on the ice of any inland 
waters more than 3 days after the waters on whioh the shaok or struoture is looated 
are olosed to ioe fishin!! after April 1 st; or 
. 
Sec. 12. 12 MRSA §12661, sub-§I, CUB, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §283 and affected by §422, is repealed. 
Sec. 13. 12 MRS A §12662, as amended by PL 2005, c. 397, Pt. E, § 12, is 
repealed.' 
SUMMARY 
This amendment: 
1. Exempts the rules adopted for open-water fishing and ice fishing from the 150-day 
limit for review by the Attorney General; 
2. Repeals the prohibition on ice fishing at night; 
3. Adds drop nets to the list of fishing implements that are illegal to possess on or 
adjacent to inland waters except as otherwise provided in law; 
4. Gives the Commissioner of Inland Fisheries and Wildlife the ability to set, by rule, 
the open season for fishing in certain waters; 
5. Exempts smelt wholesale dealers from using certain fishing implements to harvest 
smelts that are otherwise illegal; 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "A "to S,P, 34, L.D, 85 
,6. Repeals the requirement that rules adopted by the commissioner that set forth the 
special fishing regulations for inland waters must include a list of waters where a person 
under 12 years of age may fish with a single-baited hook and line; 
7. Authorizes the Department of Inland Fisheries and Wildlife to stock Big Reed 
Pond in Piscataquis County with native fish species; 
8. 
Removes language concerning the continued closed season on the dipping of 
smelts from Morrill Pond and its tributaries in Somerset County; 
9. Removes the requirement that whenever the last day of open-water fishing season 
falls on a Saturday, the season is extended one day to include the following Sunday; 
10. Removes the provision that allows the commissioner by rule to extend the open-
water fishing season as long as such an extension does not pose a threat to the fishery 
because this authority is no longer needed; 
11. Provides that a person must keep fishing lines during the open-water fishing 
season under the immediate supervision of that person; 
12. Provides that a person may not leave an ice shack on the ice of any inland waters 
past April 1 st of each year; and 
13. Removes the prohibition against placing an ice shack on the ice of inland water 
more than 3 days before the start of ice fishing season. 
COMMITTEE AMENDMENT 
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