An Act To Protect Native Landlocked Salmon Fisheries in Schoodic and Seboeis Lakes from Invasive Fish Species
Maine Legislature, Session 125, LD 1849
Committee: Inland Fisheries and Wildlife
Sponsors: THOMAS, DAVIS
Amends: 12 MRSA §12760

Legislative Document 
No. 1849 
S.P. 643 
In Senate, March 8, 2012 
An Act To Protect Native Landlocked Salmon Fisheries in Schoodic 
and Seboeis Lakes from Invasive Fish Species 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator THOMAS of Somerset. 
Cosponsored by Representative DAVIS of Sangerville. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §12760, sub-§1, as amended by PL 2011, c. 24, §1, is further 
amended to read: 
1.  Commissioner's authority. In order to conserve, develop or restore anadromous 
or migratory fish resources, the commissioner may require a fishway to be erected, 
maintained, repaired or altered by the owners, lessors or other persons in control of any 
dam or other artificial obstruction within inland waters frequented by alewives, shad, 
salmon, sturgeon or other anadromous or migratory fish species. 
The commissioner may not require or authorize a fishway or fish bypass structure at a 
dam on the outlet of Sebec Lake in the Town of Sebec or at a dam on the Sebec River in 
the Town of Milo, at a dam on the outlet of Schoodic Lake in Lake View Plantation or at 
a dam on Schoodic Stream in the Town of Medford or at a dam on the outlet of Seboeis 
Lake or at a dam on the west branch of Seboeis Stream in the Town of Howland that 
would allow the upstream passage of an invasive fish species known to be present 
downstream in the Piscataquis River or Penobscot River drainage. For the purposes of 
this section, “invasive fish species” means those invasive fish species identified in the 
action plan for managing invasive aquatic species developed pursuant to Title 38, section 
1872. 
Sec. 2.  12 MRSA §12760, sub-§9, as enacted by PL 2011, c. 24, §2, is amended 
to read: 
9.  Certain lake, river and stream dams; fishways prohibited.  Notwithstanding 
any other provision of law to the contrary, the owners, lessors or other persons in control 
of a dam on the outlet of Sebec Lake in the Town of Sebec, of Schoodic Lake in Lake 
View Plantation or of Seboeis Lake or a dam on the Sebec River in the Town of Milo, on 
the Schoodic Stream in the Town of Medford or on the west branch of the Seboeis Stream 
in the Town of Howland may not construct or authorize the construction of a fishway or 
fish bypass structure that would allow the upstream passage of an invasive fish species 
known to be present downstream in the Piscataquis River or Penobscot River drainage. 
A.  A person who violates this subsection commits a civil violation for which a fine 
of not less than $500 or more than $1,000 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. 
SUMMARY 
This bill prohibits the construction of a fishway or fish bypass structure at the dams at 
the outlets of Schoodic Lake and Seboeis Lake that would allow the upstream passage of 
an invasive fish species known to be present downstream in the Piscataquis River or 
Penobscot River drainage.