An Act To Create a Sa~twater Recreational Fishing Registry
Maine Legislature, Session 124, LD 1432
Committee Amendment CA_A-SA_B_S312 (Senate)

SENATE AMENDMENT" 2> " to COMMITTEE AMENDMENT "A" to S.P. 516, 
L.D. 1432, Bill, "An Act To Create a Sa~twater Recreational Fishing Registry" 
Amend the amendment in section I in §6312 in subsection I by striking out all of 
paragraph A (page 1, lines 17 and 18 in amendment) and insetting the following: 
'A. 
"Person with a disability" means a person who has a physical or mental 
impairment that has a substantial and long-term adverse effect on that person's ability 
to carty out normal day-to-day activities.' 
Amend the amendment in section 1 in §6312 in subsection 2 by inserting at the end 
the following: 'Any revenue generated from the sale of registty information must be used 
to fund the costs associated with the registty.' 
Amend the amendment in section 1 in §6312 in subsection 4 in paragraph E in the 
first line (page 2, line 14 in amendment) by striking out the following: "and" 
Amend the amendment in section I in §6312 in subsection 4 in paragraph F in the 
last line (page 2, line 18 in amendment) by striking out the following: "(2009)." and 
insetting the following: '(2009); and' 
Amend the amendment in section 1 in §6312 in subsection 4 by insetting at the end 
the following: 
'G. A person fishing for smelt by hook and line through the ice from a commercial 
smelt fishing shack.' 
Amend the amendment in section 1 in §6312 in subsection 5 by inserting at the end 
the following: 'Notwithstanding any provision of law to the contraty, 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.' 
Amend the amendment in section I in §6312 in subsection 6 by striking out all of the 
first line (page 2, line 23 in amendment) and inserting the following: 
'6. Administration and enforcement; funding. The commissioner shall administer 
and enforce the provisions of this section within the department's existing resources. The 
commissioner shall work with Maine's congressional delegation to seek federal funding 
SENATE AMENDMENT 
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SENATE AMENDMENT'})" to COMMITTEE AMENDMENT "A" to S.P. 516, L.D. 1432 
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.' 
Amend the amendment in section 1 in §6312 by inserting at the end the following: 
'10. Education; source of funding. The department may accept funding from any 
source, public or private, to be used by the department to educate the public on' the 
provisions of this section.' 
Amend the amendment by striking out all of section 3 and inserting the following: 
'Sec. 3. Fee structure proposal and report. The Commissioner of Marine 
Resources and the Commissioner of Inland Fisheries and Wildlife jointly shall develop a 
proposal to establish a fee structure to cover the costs incurred by the Department of 
Inland Fisheries and Wildlife and the Department of Marine Resources for data collection 
and analysis, enforcement and educational activities associated with the saltwater 
recreational fishing registry established in the Maine Revised Statutes, Title 12, section 
6312. 
The fee structure must impose a fee on a person that owns or operates a 
commercial smelt fishing shack, the operator of a vessel who possesses a current guide 
license for tidewater fishing issued under Title 12, section 12853 and the operator of a 
vessel licensed to carry passengers for hire for recreational saltwater fishing, but may not 
impose fees for registering on the saltwater recreational fishing registry. The proposal 
must authorize the Department of Marine Resources to accept funding from outside 
sources,public or private, and restrict the use of the fees and any outside funding to the 
maintenance of, the enforcement of and education about the saltwater recreational fishing 
registry. 
The Commissioner of Marine Resources shall repmi the fee structures and 
recommendations to the Joint Standing Committee on Marine Resources by January 5, 
I O. In that report, the commissioner shall include a recommendation for establishing a 
fee for a person that sells sl11elt taken by hook and line from tidal waters through the ice. 
The report must also include the recommendations of the Commissioner of Inland 
Fisheries and Wildlife and the Commissioner of Marine Resources regarding the 
measures to be taken by the depaliments to educate the public about the saltwater 
recreational fishing registry and the anticipated costs of those educational measures. The 
joint standing committee may submit legislation to the Second Regular Session of the 
124th Legislature regarding matters contained in the report. 
Sec. 4. Contingent effective date. That section of this Act that enacts the Maine 
Revised Statutes, Title 12, section 6312 does not take effect until the Depaliment of 
Marine Resources receives sufficient funding from any source, public or private, to cover 
the anticipated costs of the department and the Department of Inland Fisheries and 
Wildlife on educating the public regarding the saltwater recreational fishing registlY. The 
costs may be paid using fees from the fee structure developed pursuant to section 3. 
When the Commissioner of Marine Resources determines that sufficient funding exists, 
the commissioner shall celiity this fact to the SecretalY of State, the Clerk of the House of 
Representatives, the SecretalY 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.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SENATE AMENDMENT 
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SENATE AMENDMENT) "to COMMITrEE AMENDMENT "A" to S.P. 516, L.D. 1432 
SUMMARY 
This amendment to Committee Amendment "A" does the following. 
1. It provides that "person with a disability" means a person that has a physical or 
mental impairment that has a substantial and long-term adverse effect on that person's 
ability to carry out normal day-to-day activities. 
2. It exempts a person fishing for smelt by hook and line through the ice from a 
commercial smelt fishing shack from the registry requirements. 
3. It allows the department to reimburse the operator of the online licensing and 
registration system only to the. extent of the actual expenses incurred by that operator for 
the use of the online system to register persons for the saltwater recreational fishing 
registry. 
4. It provides that the provisions of the registry must be implemented and enforced 
within the existing resources of the DepaIiment of Marine Resources and directs the 
Commissioner of Marine Resolll'ces to work with Maine's congressional delegation to 
seek federal funding for the administration of the registry. 
5. It provides that the department may not expand enforcement activities beyond its 
existing resources unless federal funding is secured to cover the costs of the expanded 
enforcement activities. 
6. It directs that any revenue generated from the sale of registry information must be 
used to fund the costs associated with the registry. 
7. It allows the Department of Marine Resources to receive funding from any public 
or private source and requires those funds to be used only for the costs associated with the 
registry. 
8. It directs the Commissioner of Marine Resolll'ces and the Commissioner of Inland 
Fisheries and Wildlife to collaborate on developing a fee structure that imposes fees on a 
person that owns or operates a commercial smelt fishing shack, the operator of a vessel 
who possesses a current guide license for tidewater fishing and the operator of a vessel 
licensed to carry passengers for hire for recreational saltwater fishing. The fees must be 
used to cover the costs incurred by the Depaliment of Inland Fisheries and Wildlife and' 
the Department of Marine Resources for activities associated with the saltwater 
recreational fishing registry. It directs the Commissioner of Marine Resources to repOli 
the fee structlll'es and recommendations, as well as the measures to be taken by the 
depaIiments to educate the public regarding the registIy and the costs of those measures, 
to the Joint Standing Committee on Marine Resources by JanuaIY 5, 20 I O. 
The 
committee has authority to submit legislation to the Second Regular Session of the 124th 
Legislatlll'e regarding matters contained in the report. 
9. It provides that the provision creating the saltwater recreational fishing registry 
does not take effect unless the Commissioner of Marine Resources determines that 
sufficient funding from any source, public or private, and including the proposed fees, 
exists to cover the costs of developing, maintaining and enforcing the registry and 
educating the public about the registry. 
SENATE AMENDMENT 
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SENATE AMENDMENTJ" to COMMITTEE AMENDMENT "A" to S.P. 516, L.D. 1432 
10. It strikes the appropriations and allocations section. 
FISCAL NOTE REQUIRED 
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SPONSORED BY:~-
(Senator TRAHAN) 
COUNTY: Lincoln 
SENATE AMENDMENT 
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Approved: 06/08/09 Jfk:'ac. 
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LD 1432 
LR 1889(06) 
An Act To Create a Saltwater Recreational Fishing Registry 
Fiscal Note for Senate Amendment~" to Committee Amendment "A" 
Sponsor: Sen. Trahan of'Lincoln 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
($29,100) 
($29,100) 
2010 .. 11 
($40,160) 
($40,160) 
Projections 
2011-12 
($311,135) 
($311,135) 
Projections 
2012-13 
($289,863) 
($289,863) 
This amendment provides that enactment of the saltwater recreational fishing registlY is not effective until the 
Department of Marine Resources receives sufficient funding from federal and/or other sources to cover the anticipated 
costs, Therefore, the appropriations have been removed from the bill. Other Special Revenue Funds revenue may 
increase from fees to ,be imposed on operators of commercial smelt fishing shacks, operators of vessels who possess a 
guide license for tidewater fishing and operators of vessels who are licensed to carry passengers for hire for 
recreational saltwater fishing. In addition, the legislation states that the Department of Marine Resources shall work 
with Maine's Congressional Delegation to secure federal funding to cover the costs of the saltwater recreational 
fishing registry. 
Additional costs to the Departments of Inland Fisheries and Wildlife and Marine Resources associated with 
developing a proposal to establish the fee structure noted above, and to cover the costs associated with the saltwater 
recreational fishing registry, can be absorbed within existing budgeted resources. 
LR 1889(06) - Fiscal Note - Page I of I