An Act To Allow Youth To Fish for Smelt on Worthley Pond
Maine Legislature, Session 124, LD 0925
Committee Amendment CA_A_S157 (Senate)
Amends: 12 MRSA §12456, 12 MRSA §12460-B

COMMITTEE AMENDMENT" A" to S.P. 347, L.D. 925, Bill, "An Act To Allow 
Youth To Fish for Smelt on Worthley Pond" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 12 MRSA §12456, sub-§2, -ITA, as repealed and replaced by PL 2005, c. 
237, §2, is amended to read: 
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 under section 12460-B, subsection 2 
and by rule. Bag limits established in section 12460-B, subsection 2 and 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 section 12460-B, subsection 2 or 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 
crime; 
Sec. 2. 12 MRSA §12460-B is enacted to read: 
COMMITTEE AMENDMENT 
'\'~~ 
COMMITTEE AMENDMENT "A" to S.P. 347, L.D. 925 
§12460-B. Smelt fishing on Worthley Pond in Oxford County 
1. Prohibition on smelt fishing in Worthley Pond. A person may not fish for 
smelt in Worthley Pond within the Town of Peru, Oxford County. A person who violates 
this subsection commits a Class E crime. 
2. Exception. Notwithstanding subsection 1, a person who has not attained 17 years 
of age may fish for smelt in Worthley Pond by use of a dip net that meets the definition 
and restrictions under section 10001, subsection 12-A. 
A. A person may not exceed the daily bag limit of2 quarts per person. A person that 
violates this paragraph commits a Class E crime. 
B. A person may not harvest smelt under this section for commercial purposes. A 
person who violates this paragraph commits a Class D crime for which a fine of not 
less than $1,000 must be adjudged.' 
SUMMARY 
This amendment replaces the bill. It provides that a person may not fish for smelt in 
Worthley Pond within the Town of Peru, Oxford County but does authorize a person who 
has not attained 17 years of age to fish in that pond with a dip net. It sets a 2-quart daily 
bag limit and makes violating that limit a Class C crime. The amendment also prohibits 
smelting in Worthley Pond for commercial purposes, makes smelting in Worthley Pond 
for commercial purposes a Class D crime and imposes a fine of not less than $1,000 for 
violating that prohibition. 
lFJ[§CAL NOTE REQUIRED 
. 
@_ee aUacbed) 
COMMITTEE AMENDMENT 
J' 
! 
.1 
.) 
.) 
.' 
,) 
~. 
~ ,~ 
I' 
I 
, 
I 
\ 
,1 
~ 
Approved: 05/08/09 hac:.. 
LD925 
LR 1308(02) 
An Act To Allow Youth To Fish for Smelt on Worthley Pond 
Fiscal Note for Bill as Amended by Committee Amendment ,;4" 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscall Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class D and E crimes; increases correctional and judicial costs 
The collection of additional fmes may also increase General Fund revenue by minor amounts. 
LR1308(02) - Fiscal Note - Page 1 of 1