An Act To Protect Native Landlocked Salmon Fisheries in Schoodic and Seboeis Lakes from Invasive Fish Species
Maine Legislature, Session 125, LD 1849
Committee Amendment CA_A_S496 (Senate)
Amends: 12 MRSA §12760, 12 MRSA §12761, 38 MRSA §480-Q

COMMITTEE AMENDMENT" A " to S.P. 643, L.D. 1849, Bill, "An Act To 
Protect Native Landlocked Salmon Fisheries in Schoodic and Seboeis Lakes from 
Invasive Fish Species" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Landlocked Salmon Fisheries in Schoodic and Seboeis Lakes 
from Invasive Fish Species' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §12760, as amended by PL 2011, c. 24, §§1 and 2, is further 
amended to read: 
§12760. Fishways in dams and other artificial obstructions 
1. Commissioners' authority. In order to conserve, develop or restore anadromous 
or migratory fish resources, the commissioner and the Commissioner of Marine 
Resources jointly 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 eommissioesr commissioners 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 or at a dam on the outlet of Schoodic Lake in Lake 
View Plantation or at a dam on the outlet of Seboeis Lake in Township 4, Range 9 NWP 
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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 643, L.D. 1849 
2. 
Examination of dams. The commissioner and the Commissioner of Marine 
Resources shall periodically examine all dams and other artificial obstructions to fish 
passage within the inland waters in order to determine whether fishways are necessary, 
sufficient or suitable for the passage of anadromous or migratory fish. 
3. Monitoring program. The commissioner and the Commissioner of Marine 
Resources shall, in coo}'leration with the DepartFOOnt of Marine R~sHl:lrces, establish a 
program to ensure fishways are functioning properly and remain sufficient or suitable for 
the passage of anadromous or migratory fish. The commissioner has commissioners have 
sole authority to take corrective action at fishways as prescribed under this section. 
4. Initiation of fishway proceedings. The commissioner and the Commissioner of 
Marine Resources shall initiate proceedings to consider construction, repair or alteration 
of fishways in existing dams or other artificial obstructions whenever the cofl1fflissioner 
deteffl'l:ines commissioners determine that one or more of the following conditions may 
exist: 
A. Fish passage at the dam or obstruction in issue, whether alone or in conjunction 
with fish passage at other upriver barriers, will improve access to sufficient and 
suitable habitat anywhere in the watershed to support a substantial commercial or 
recreational fishery for one or more species of anadromous or migratory fish; or 
B. Fish passage at the dam or obstruction in issue is necessary to protect or enhance 
rare, threatened or endangered fish species. 
5. Adjudicatory proceedings. A fishway proceeding must confonn to the following 
requirements. 
A. A fishway proceeding must be an adjudicatory proceeding under Title 5, chapter 
375, subchapter 4, but a hearing is not required unless requested in accordance with 
paragraph B. Notice of the proceeding must be given in accordance with Title 5, 
section 9052 and the following requirements: 
(1) Personal notice must be given to the dam owner, lessee or other person in 
control of the dam or artificial obstruction, informing that person that a 
proceeding has been undertaken and informing that person of that person's right 
to request a hearing; and 
(2) 
Notice to the public, in newspapers of general circulation in the areas 
affected, must be given notifying the public of the initiation of the proceedings 
and of the public's opportunity to request a hearing. 
B. If any interested person requests a public hearing, the commissioner and the 
Commissioner of Marine Resources shall, within 30 days, either notify the petitioners 
in writing of the commissioner's commissioners' denial, stating the reasons for the 
denial, or schedule a public hearing. The col11fl1:issioner commissioners shall hold a 
public hearing whenever: 
(1) The commissioner is commissioners are petitioned by 50 or more residents of 
the State; or 
(2) 
The owner, lessee or other person III control of the dam or artificial 
obstruction requests a hearing. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 643, L.D. 1849 
C. 
The commissioner and the Commissioner of Marine Resources shall accept 
testimony from the owner, lessee or other person in control of the dam or artificial 
obstruction on alternate fishway designs to those proposed by the commissioner 
commissioners for that dam or artificial obstruction. 
6. Decision. In the event that the commissioner decides and the Commissioner of 
Marine Resources decide that a fishway should be constructed, repaired, altered or 
maintained pursuant to this section, the commissioner commissioners shall issue final 
orders with specific plans and descriptions of the fishway construction, alteration, repair 
or maintenance requirements, the conditions of the use of the fishway and the time and 
manner required for fishway operation. The commissioner commissioners may issue a 
decision requiring the owners, lessees or other persons in control of the dam or 
obstruction to construct, repair, alter or maintain a fishway. Such a decision must be 
supported by a finding based on evidence submitted to the commissioner commissioners 
that either of the following conditions exist: 
A. 
One or more species of anadromous or migratory fish can be restored in 
substantial numbers to the watershed by construction, alteration, repair or 
maintenance of a fishway and habitat anywhere in the watershed above the dam or 
obstruction is sufficient and suitable to support a substantial commercial or 
recreational fishery for one or more species of anadromous or migratory fish; or 
B. The construction, alteration, repair or maintenance of a fishway is necessary to 
protect or enhance rare, threatened or endangered fish species. 
In the event that the commissioner decides cOlmnissioners decide that He ~ fishway 
should not be constructed, the commissioner commissioners shall specify in that decision 
a period not to exceed 5 years subsequent to that decision during which He g fishway may 
not be required to be constructed. 
7. Compliance. The owner, lessee or other person in control of a dam or other 
artificial obstruction is jointly and severally liable for the costs of fishway design, 
construction, repair, alteration or maintenance, and for full compliance with a decision 
issued pursuant to subsection 6. 
A. 
If the owner, lessee or other person in control of a dam or other artificial 
obstruction refuses to comply or does not fully comply with the commissioner's 
decision issued pursuant to subsection 6, the commissioner and the Commissioner of 
Marine Resources shall initiate a civil action to enjoin the owner, lessee or person in 
control of the dam to comply fully with the commissioner's commissioners' order or 
to restrain the violation of an order. In the proceeding, the court may not review the 
legality of the commissioner's commissioners' order, except when the owner, lessee 
or person in control of the dam or artificial obstruction has brought a timely petition 
for judicial review pursuant to Title 5, chapter 375, subchapter 7. 
B. The court may render judgment against and order the sale of the dam or other 
artificial obstruction, the land on which it stands and a right-of-way to the dam or 
artificial obstruction, in order to secure the costs of fishway construction, repair, 
alteration or maintenance, the costs of the court-ordered sale and the costs incurred 
by the department for fishway design. The purchaser of the dam or other obstruction 
is subject to the commissioner's decision issued pursuant to subsection 6. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 643, L.D. 1849 
8. Privileged entry. The commissioner and the Commissioner of Marine Resources, 
the commission@r's commissioners' agents or subcontractors may enter upon any private 
land in order to examine, at least annually, fishways in dams or other artificial 
obstructions and dams as provided in subsection 2. The commission@r commissioners 
shall notify the landowner, lessee or other person in control of the dam when the 
examination will take place and the time required to complete the examination. The 
commission@r commissioners shall make every effort to preserve private land and shall 
restore surrounding lands to the grade and condition existing prior to entry, if 
economically feasible. 
9. Certain lakes, rivers and streams; 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 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. 
Sec.2. 12 MRSA §12761, as affected by PL 2003, c. 614, §9 and amended by c. 
655, Pt. B, §305 and affected by §422, is further amended to read: 
§12761. Construction of new dams or other artificial obstructions 
1. Notice required. Prior to construction or prior to authorizing construction of a 
new dam or other obstruction in the inland waters, the owner, lessee or other person in 
control of the dam or other artificial obstruction shall provide written notice to the 
commissioner, and the Commissioner of Marine Resources supplying information on 
construction plans, proposed location and date of construction of the dam or other 
artificial obstruction. 
2. Initiation of fishway proceedings. Within 30 days of receipt of the construction 
notice pursuant to subsection 1, the commissioner and the Commissioner of Marine 
Resources shall review the plans in order to determine whether fishway construction or 
alteration of proposed fishway construction plans may be required pursuant to the criteria 
set forth in section 12760, subsection 4. If the cofilinissioner Elet:erl'flines commissioners 
determine that the construction or alteration may be necessary, the commissioner 
commissioners shall initiate fishway proceedings and follow the procedures prescribed in 
section 12760. 
3. Unlawful building of dam. A person may not build any dam or other obstruction 
in any of the rivers, streams or brooks of this State without first filing written notice with 
the commissioner and the Commissioner of Marine Resources pursuant to subsection 1. 
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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 643, L.D. 1849 
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. 3. 38 MRSA §480-Q, sub-§27, as enacted by PL 2009, c. 75, §3, is 
amended to read: 
27. Fishways. Erection, maintenance, repair or alteration of a fishway in a dam or 
other artificial obstruction when required by the Commissioner of Inland Fisheries and 
Wildlife and the Commissioner of Marine Resources pursuant to Title 12, section 12760 
or by the Commissioner of Marine Resources pursuant to Title 12, section 6121;' 
SUMMARY 
This amendment strikes and replaces the bill. It 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 invasive fish species known to be present 
downstream in the Piscataquis River or Penobscot River drainage. The amendment also 
requires that the COlmnissioner of Inland Fisheries and Wildlife and the Commissioner of 
Marine Resources act jointly in requiring a fishway to be erected, maintained, repaired or 
altered on any dam within inland waters frequented by anadromous or migratory fish 
species. It also prohibits the commissioners from requiring or authorizing a fishway or 
fish bypass structure at the dams at the outlets of Schoodic Lake and Seboeis Lake. The 
amendment also requires both commissioners to participate in the review process and 
decision on the proposed construction of new dams on inland waters. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/22112 ;:t?ac 
LD 1849 
LR 2780(02) 
An Act To Protect Native Landlocked Salmon Fisheries in Schoodic and Seboeis Lakes from Invasive 
Fish Species 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" A" S-IfSt(P 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Marine Resources associated with any involvement in decisions related to 
erecting, maintaining, repairing or altering fishways can be absorbed within existing budgeted resources. 
LR2780(02) - Fiscal Note - Page 1 of 1