An Act To Create a Saltwater Fishing License for Owners of Docks, Piers and Wharves
Maine Legislature, Session 125, LD 0418
Committee: Marine Resources
Sponsors: TRAHAN, RECTOR
Amends: 12 MRSA §6032, 12 MRSA §6312

Legislative Document 
No. 418 
S.P. 122 
In Senate, February 10, 2011 
An Act To Create a Saltwater Fishing License for Owners of Docks, 
Piers and Wharves 
(EMERGENCY) 
Reference to the Committee on Marine Resources suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator TRAHAN of Lincoln. 
Cosponsored by Senator: RECTOR of Knox. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, saltwater recreational fishing is an important activity for increasing 
tourism and attracting visitors to the State; and  
Whereas, both the fishing season and the tourism season commence early in the 
year and it is necessary to increase access to saltwater recreational fishing to strengthen 
tourism; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6032, sub-§1, as enacted by PL 2009, c. 559, §1 and affected 
by §4, is amended to read: 
1.  Fund established.  The Marine Recreation Fishing Conservation and 
Management Fund, referred to in this section as "the fund," is established within the 
department.  In addition to fees derived from the striped bass endorsement and, the 
commercial operator's license pursuant to section 6312, subsections 4 and 5 and the 
saltwater fishing structure license pursuant to section 6312, subsection 5-A, the 
commissioner may receive on behalf of the fund funds from any source.  All money 
received into the fund must be used for the purposes of the fund under subsection 2.  
Unexpended balances in the fund at the end of the fiscal year do not lapse but must be 
carried forward to the next fiscal year to be used for the purposes of the fund.  Any 
interest earned on the money in the fund must be credited to the fund.  By February 1st of 
each year, the commissioner shall report to the joint standing committee of the 
Legislature having jurisdiction over marine resources matters on the amount of money 
collected in the fund and all expenditures made from the fund in the previous fiscal year. 
Sec. 2.  12 MRSA §6312, sub-§3, ¶F, as enacted by PL 2009, c. 559, §2 and 
affected by §4, is amended to read: 
F.  A person that possesses a valid New Hampshire saltwater recreational fishing 
license that meets the requirements of 50 Code of Federal Regulations, Sections 
600.1415 and 600.1416 (2009) engaging in recreational saltwater fishing from the 
State's southern border to Cape Neddick; and 
Sec. 3.  12 MRSA §6312, sub-§3, ¶G, as enacted by PL 2009, c. 559, §2 and 
affected by §4, is amended to read: 
G.  A resident fishing on July 4th, Labor Day weekend or Memorial Day weekend.; 
and 
Sec. 4.  12 MRSA §6312, sub-§3, ¶H is enacted to read: 
H.  A person fishing from a dock, pier or wharf if the owner or operator of that dock, 
pier or wharf possesses a valid saltwater fishing structure license under subsection 
5-A. 
Sec. 5.  12 MRSA §6312, sub-§5-A is enacted to read: 
5-A.  Saltwater fishing structure license.  A person who would otherwise be 
required to register under subsection 3 to engage in saltwater recreational fishing may 
fish in salt water from a dock, pier or wharf without registering if the owner or operator 
of that structure possesses a valid saltwater fishing structure license issued by the 
commissioner or a clerk or agent appointed by the commissioner pursuant to subsection 
6. This subsection does not grant a person access to a structure licensed under this 
subsection without the permission of the owner of that structure. The commissioner shall 
determine the type of information the person holding a saltwater fishing structure license 
must provide about recreational saltwater fishing activities from that person's dock, pier 
or wharf and how frequently the information must be provided. 
The annual fee for a saltwater fishing structure license is $50. Revenues collected 
pursuant to this subsection must be deposited in the Marine Recreation Fishing 
Conservation and Management Fund established under section 6032. 
Sec. 6.  12 MRSA §6312, sub-§6, as enacted by PL 2009, c. 559, §2 and affected 
by §4, is amended to read: 
6.  Agent fee.  A clerk or other agent appointed by the commissioner to register a 
person on the registry, or issue a commercial operator’s license, a saltwater fishing 
structure license or issue a striped bass endorsement under this section shall charge a 
person a fee of $2 for each registration, license or endorsement issued to that person by 
that clerk or agent.  The commissioner shall charge a fee of $1 for each registration, 
license or endorsement taken by a department employee. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Currently, a person may not engage in saltwater recreational fishing or land or 
possess fish taken from salt water without first registering on the State's saltwater 
recreational fishing registry. By law, there are a number of exceptions to that registry 
requirement. This bill adds an exception for a person recreationally fishing in salt water 
from a dock, pier or wharf if the owner or operator of that dock, pier or wharf possesses a 
valid saltwater fishing structure license pursuant to the Maine Revised Statutes, Title 12, 
section 6312, subsection 5-A.