An Act Regarding the Saltwater Recreational Fishing Registry
Maine Legislature, Session 125, LD 0210
Committee Amendment CA_A_S136 (Senate)
Amends: 12 MRSA §6312

COMMITTEE AMENDMENT" A "to S.P. 60, L.D. 210, Bill, "An Act Regarding 
the Saltwater Recreational Fishing Registry" 
Amend the bill by striking out all of sections 2 to 4 and inserting the following: 
'Sec. 2. 12 MRSA §6312, as enacted by PL 2009, c. 559, §2 and affected by §4, is 
amended to read: 
§6312. Saltwater recreational fishing registry 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "Disabled veteran" means a veteran of the Armed Forces of the United States 'Nho 
has a service connected disability as determined by the United States Depaltment of 
Veterans Affairs. 
B. 
"Person 'llith a disability" means a person who is physically or mentally 
incapacitated as determined by the commissioner. 
C. "Registry" means the registry for persons engaged in saltwater recreational fishing 
established under subsection 2. 
2. Saltwater recreational fishing registry established. The commissioner shall 
administer and maintain a registry of persons who engage in saltwater recreational fishing 
in the coastal waters of the State. The commissioner may designate by rule the methods 
of fishing or the salhvater areas for 'Nhich registration is required under this section. The 
registry must at a minimum contain the name, address, date of birth and telephone 
number for each person registered. Only an individual may register. 
3. 
Registration required. 
A Unless the registry is suspended by rule under 
subsection 16, a person may not engage in saltwater recreational fishing in the coastal 
waters of the State or land or possess fish taken from salt '.vater the coastal waters of the 
State without registering pursuant to this section except that the following persons are 
exempt from this prohibition and the endorsement requirement under subsection 1: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A." to S.P. 60, L.D. 210 
A. A person under 16 years of age; 
B. A passenger on board a vessel captained by an individual who possesses a valid 
commercial recreational fishing operator's license pursuant to subsection 5; 
C. A person renting a smelt fishing camp from an operator that possesses a valid 
commercial recreational fishing operator's license pursuant to subsection 5; 
D. A person 'Nith a disability; 
E.' 1\ disabled veteran; 
F. A person that possesses a valid New Hampshire salhvater 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 
G. A resident fishing on July 4th, Labor Day weekend or Memorial Day weekend. 
H. A person who has employed the guiding services of an individual who possesses 
a current guide license for tidewater fishing as provided by rule pursuant to section 
12853 and a valid recreational fishing operator's license pursuant to subsection 5; 
I. A person fishing from a dock, pier or wharf that is owned by an individual who 
possesses a valid recreational fishing operator's license pursuant to subsection 5; 
J. A person who holds and presents upon demand a current and valid registration or 
license to engage in saltwater recreational fishing by a state that has been designated 
as an exempted state under 50 Code of Federal RegUlations, Section 600.1415; 
K. A person registered on the National Saltwater Angler Registry through the United 
States Department of Commerce, National Oceanic and Atmospheric Administration; 
L. A member of the Passamaquoddy Tribe, if the Passamaquoddy Tribe certifies to 
the commissioner that it will collect the registry data required under subsection 2 
from tribal members who engage in saltwater recreational fishing and report the data 
to the commissioner; 
M. A member of the Penobscot Nation, if the Penobscot Nation certifies to the 
commissioner that it will collect the registry data required under subsection 2 from 
members of the Penobscot Nation who engage in saltwater recreational fishing and 
report the data to the commissioner; 
N. 
A member of the Houlton Band of Maliseet Indians, if the Houlton Band of 
Maliseet Indians certifies to the commissioner that it will collect the registry data 
required under subsection 2 from band members who engage in saltwater recreational 
fishing and report the data to the commissioner; and 
O. 
A member of the Aroostook Band of Micmacs, if the Aroostook Band of 
Micmacs certifies to the commissioner that it will collect the registry data required 
under subsection 2 from band members who engage in saltwater recreational fishing 
and report the data to the commissioner. 
Registration does not authorize a person registered on the registry to sell fish taken 
pursuant to the registry. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 60, L.D. 210 
A person who has indicated on a valid freshwater fishing license issued under Part 13 that 
whether or not the person engaged in saltwater recreational fishing during the prior year 
or plans to engage in saltwater recreational fishing during the period covered by the 
freshvlater fishing license is not required to register under this subsection, and residents 
of the State 'Nho malce that indication are not required to obtain a striped bass 
endorsement under subsection 4. The Department of Inland Fisheries and Wildlife shall 
provide registry data from persons exempted under this subsection regarding saltwater 
recreational fishing by these persons to the federal or state agency responsible for 
monitoring saltwater recreational fishing department at a time and manner as determined 
by that agency the department. 
A person who has indicated on a valid commercial fishing license issued under this Part 
whether or not the person engaged in saltwater recreational fishing during the prior year 
is not required to register under this subsection. 
The department shall collect data 
regarding saltwater recreational fishing by these persons exempted under this subsection. 
4. Striped bass endorsement. A person required to register uQder subsection 3 may 
not engage in salt'vVater recreational fishing for striped bass or land or possess striped bass 
taken from salt water vAthout a striped bass endorsement issued by the commissioner or a 
clerk or agent appointed by the commissioner pursuant to subsection 6. A striped bass 
endorsement is valid for one year and the fees are: 
A. Five dollars for a resident; 
B. Fifteen dollars for a nonresident; and 
C. Ten dollars for a resident lifetime striped bass endorsement for an applicant ',vho 
is 70 years of age or older. A resident lifetime striped bass endorsement is valid for 
one year and may be renev;ed free of charge. 
Revenues collected pursuant to this subsection must be deposited in the Marine 
Recreation Fishing Conservation and Management Fand established under section 6032. 
5. Recreational fishing operator's license. The following persons must possess are 
eligible to hold a valid commercial recreational fishing operator's license issued by the 
commissioner or a clerk or agent appointed by the commissioner pursaant to subsection 
6: 
A. 
A captain of a vessel licensed to carry passengers for hire for saltwater 
recreational fishing; and 
B. 
A person operating a business that rents smelt fishing camps for saltwater 
recreational smelt fishing7~ 
C. A person who owns a private dock, pier or wharf and makes' that wharf available 
to customers for the purpose of recreational fishing as part of a commercial 
enterprise; and 
D. 
An individual who possesses a current guide license for tidewater fishing as 
provided by rule pursuant to section 12853. 
The annual fee for a commercial operator's 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 60, LD. 210 
A person who holds a recreational fishing operator's license shall collect data from 
persons who engage in saltwater recreational fishing and report the data to the 
commissioner as specified by the commissioner by rule. 
There is no fee for a recreational fishing operator's license. 
6. Agent fee. A clerk or other agent appointed by the commissioner to register a 
person on the registry, issue a commercial operator's 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. 
7. Native American. Upon application, the commissioner shall register a member 
of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians 
or the Aroostook Band of Micmacs on the registry without a charge or fee if the Native 
American presents a certificate from the respective reservation tribal clerk or the 
Aroostook Micmac Council stating that the person described is a Native American and a 
member of that nation, band or tribe. The commissioner may refuse to register a Native 
American that is otherwise prohibited from registering or from holding a recreational 
fishing license issued under Part 13. A registration under this subsection is valid for one 
year and may be renev;ed v;ithout a charge or fee. 
8. Penalty. A person who violates this section commits a civil violation for which a 
fine of not less than $100 may be adjudged. 
9. Suspension. A person on the registry or holding a striped bass endorsement or a 
licease issued under this section is subject to the applicable suspension provisions under 
chapter 617. 
10. Collaboration on outreach efforts. The commissioner shall work with fishing 
and hunting groups and interested parties in the commissioner's efforts to notify and 
educate the public about the registry. 
11. Report. The commissioner shall report registry information to the United States 
Department of Commerce, National Oceanic and Atmospheric Administration in a form 
and manner as required by the National Oceanic and Atmospheric Administration. 
12. Rules. The commissioner may adopt rules to cany out the purposes of this 
section. Rules adopted pursuant to this subsection are routine technical rules as defined 
by Title 5, chapter 375, subchapter 2-A. 
13. Registration expiration. A registration issued under this section is valid until 
December 31st of the year in which it was issued. If applicable federal requirements 
allow, the commissioner may by rule extend the period for which a registration is valid. 
14. Registry procedures. A person may register pursuant to this section through an 
agent appointed by the Department of Inland Fisheries and Wildlife to issue licenses 
under section 12501, through a publicly accessible online electronic system for 
registration operated by the department or at the department through a department 
employee. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 60, L.D. 210 
15. Agent fees. A fee may not be charged for registering under this section. A 
person registering through an agent under section 12501 may be charged an agent fee of 
$2 if the only transaction conducted by that person is registering on the registry. A 
person registering on a publicly accessible online electronic system for registration may 
be charged an agent fee of $1. A person registering at the department with a department 
employee may be charged an agent fee of $1. 
16. Termination of registry requirement. If the Marine Recreational Information 
Program administered by the United States Department of Commerce, National Oceanic 
and Atmospheric Administration does not receive funding to conduct surveys and 
perform data analysis, the department by rule shall suspend the registry. 
If the 
department suspends the registry, a person is not required to register under this section in 
order to engage in saltwater recreational fishing. 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
INLAND FISHERIES AND WILDLIFE, DEPARTMENT OF 
Licensing Services - Inland Fisheries and Wildlife 0531 
Initiative: Provides funding for computer programming and database storage costs. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
INLAND FISHERIES AND 
WILDLIFE, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL 
FUNDS 
2010-11 
$3,800 
$3,800 
2010-11 
$3,800 
$3,800 
2011-12 
$6,180 
$6,180 
2011-12 
$6,180 
$6,180 
2012-13 
$6,365 
$6,365 
2012-13 
$6,365 
$6,365 
MARINE RESOURCES, DEPARTMENT OF 
Bureau of Resource Management 0027 
Initiative: Reduces allocations as a result of repealing the provisions of PL 2009, c. 559, 
An Act To Create a Saltwater Recreational Fishing Registry. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to S.P. 60, L.D. 210 
OTHER SPECIAL REVENUE 
2010-11 
FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE 
FUNDS TOTAL 
($76,882) 
($85,434) 
($162,316) 
Office of the Commissioner 0258 
2011-12 
$0 
($55,433) 
($55,433) 
2012-13 
$0 
($55,433) 
($55,433) 
Initiative: Provides an allocation for supplies related to printing registrations received by 
the department. 
OTHER SPECIAL REVENUE 
FUNDS 
All Other 
OTHER SPECIAL REVENUE 
FUNDS TOTAL 
MARINE RESOURCES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE 
FUNDS 
DEPARTMENT TOTAL-ALL 
FUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE 
FUNDS 
2010-11 
$400 
$400 
2010-11 
($161,916) 
($161,916) 
2010-11 
$3,800 
($161,916) 
SECTION TOTAL - ALL FUNDS 
($158,116) 
SUMMARY 
This amendment makes the following changes: 
2011-12 
$500 
$500 
2011-12 
($54,933) 
($54,933) 
2011-12 
$6,180 
($54,933) 
($48,753) 
COMMITTEE AMENDMENT 
2012-13 
$500 
$500 
2012-13 
($54,933) 
($54,933) 
2012-13 
$6,365 
($54,933) 
($48,568) 
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COMMITTEE AMENDMENT "A "to S,P. 60, LD, 210 
1. It keeps the saltwater recreational fishing registry under the jurisdiction of the 
Department of Marine Resources instead of the Department of Inland Fisheries and 
Wildlife; 
2. It removes the exemption from paying an agent fee for registering for a disabled 
veteran; a person who is physically or mentally incapacitated; and a resident fishing on 
July 4th, Memorial Day weekend or Labor Day weekend; 
3, It increases by $1 the fee an agent may charge to a person registering through a 
Department of Inland Fisheries and Wildlife agent if the only transaction conducted by 
that person is registering. It also allows a $1 agent fee to be charged to a person 
registering online or at the department; 
4. It requires a person who engages in saltwater recreational fishing in the coastal 
waters of the State to register on the registry, unless the person is exempt; 
5. It provides a free recreational fishing operator's license for the following: a captain 
of a vessel licensed to carry passengers for hire for saltwater recreational fishing; an 
operator of a smelt fishing camp; an owner of a dock, pier or wharf available to 
customers for recreational fishing; and an individual who possesses a current guide 
license for tidewater fishing. A passenger on board a licensed vessel, a person who rents a 
licensed smelt fishing camp, a person who employs a licensed guide and a person who 
fishes from a licensed dock, pier or wharf are exempt from registering on the registry and 
paying agent fees; 
6. 
Members of the Passamaquoddy Tribe, Penobscot Nation, Houlton Band of 
Maliseet Indians and Aroostook Band of Micmacs are exempt from registering and 
paying agent fees if their tribes collect registry data and submit the data to the 
Commissioner of Marine Resources; 
7. A person registered in an exempted state or registered on the National Saltwater 
Angler Registry through the United States Department of Commerce, National Oceanic 
and Atmospheric Administration is exempt from registering in Maine; 
8. A person who has indicated on a valid freshwater fishing license whether or not 
the person engaged in saltwater recreational fishing during the prior year is not required 
to register. The Department of Inland Fisheries and Wildlife is required to provide 
registry data on these persons to the Department of Marine Resources; 
9. A person who has indicated on a valid commercial fishing license whether or not 
the person engaged in saltwater recreational fishing during the prior year is not required 
to register. The Department of Marine Resources is required to collect data on these 
persons; 
10. It continues to provide for a fine of not less than $100 and removes the provision 
that a person who violates registration requirements 3 or more times within the previous 5 
years commits a Class E crime; 
11. It provides that the registration expires on December 31st of the year in which it 
was issued; if federal requirements allow, the commissioner is allowed to extend the 
period of time for which a registration is valid; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 60, LD. 210 
12. It provides that a person can register through a Department of Inland Fisheries 
and Wildlife agent, through a publicly accessible online electronic system operated by the 
Department of Marine Resources or at the Department of Marine Resources; and 
13. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/17/11 
frac:.. 
LD210 
LR 74(02) 
An Act Regarding the Saltwater Recreational Fishing Registry 
Fiscal Note for Bill as Amended by Committee Amendment "A" s -) 3~ 
Committee: Marine Resources 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2010-11 
$3,800 
$3,800 
($161,916) 
($188,424) 
FY 2011-12 
$6,180 
$6,180 
($54,933) 
($729,730) 
FY 2012-13 
$6,365 
$6,365 
($54,933) 
($936,020) 
Projections 
FY 2013-14 
$6,556 
$6,556 
$500 
$500 
Projections 
FY 2014-15 
$6,753 
$6,753 
$500 
$500 
This bill repeals the existing striped bass endorsement registry requirement and related fees (included within PL 2009, 
c. 559) and requires that certain individuals engaging in saltwater recreational fishing register at no cost to the 
individual. Revenues recognized from the fees assessed in PL 2009, c. 559 have been reversed. Allocations included 
in PL 2009, c. 559 for costs associated with the registry have also been reversed. The costs reversed in 2011-12 and 
2012-13 equal costs above baseline and included within the Governor's Proposed 2012-2013 Biennial Budget. 
The Department of Marine Resources may charge a $1 agent fee for persons registering with the department. It is 
estimated that Other Special Revenue Funds revenue to the Department of Marine Resources will increase by $400 in 
fiscal year 2010-11 and $500 in fiscal year 2011-12 and beyond and will cover the costs of printing registrations for 
persons registering at the department's office. The bill includes a General Fund appropriation to the Department of 
Inland Fisheries and Wildlife of $3,800 in fiscal year 2010-11 and $6,180 in fiscal year 2011-12 for computer 
programming and database storage fees. Since the number of items processed by the Department of Inland Fisheries 
and Wildlife will be increased by these registrations, it is possible that there could be delays in processing time. 
Additionally, any enforcement related to this registry would be performed by existing Marine Patrol Officers. 
LR0074(02) - Fiscal Note - Page I of 1