An Act Regarding the Saltwater Recreational Fishing Registry
Maine Legislature, Session 125, LD 0210
Committee: Marine Resources
Sponsors: TRAHAN, NUTTING, COLLINS, LANGLEY, RAYE, SCHNEIDER, SNOWE-MELLO, CLARK, SANDERSON, TILTON
Amends: 12 MRSA §6032, 12 MRSA §6312, 12 MRSA §12514

Legislative Document 
No. 210 
S.P. 60 
In Senate, January 27, 2011 
An Act Regarding the Saltwater Recreational Fishing Registry 
(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 Speaker NUTTING of Oakland and 
Senators: COLLINS of York, LANGLEY of Hancock, President RAYE of Washington, 
SCHNEIDER of Penobscot, SNOWE-MELLO of Androscoggin, Representatives: CLARK of 
Millinocket, SANDERSON of Chelsea, TILTON of Harrington. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, for the efficient management of the saltwater recreational fishery, this Act 
must take effect before the spring fishing season begins; 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Sec. 1.  12 MRSA §6032, as repealed and replaced by PL 2009, c. 559, §1 and 
affected by §4, is repealed. 
Sec. 2.  12 MRSA §6312, as enacted by PL 2009, c. 559, §2 and affected by §4, is 
repealed. 
Sec. 3.  12 MRSA §12514 is enacted to read: 
§12514.  Saltwater recreational fishing registry 
1.  Saltwater recreational fishing registry established.  The commissioner shall 
establish, administer and maintain an annual registry of persons who engage in saltwater 
recreational fishing.  The registry must contain the name, address, date of birth and 
telephone number for each person registered.  For purposes of registering on the saltwater 
recreational fishing registry, the commissioner shall allow a person to register through an 
online system or an agent and may allow a person to register in conjunction with the 
purchase of a valid freshwater fishing license for the period covered by the freshwater 
fishing license.  The department shall provide registry data to the federal or state agency 
responsible for monitoring saltwater recreational fishing at a time and manner as 
determined by that agency. 
2.  Registration required; exceptions.  Except as provided in this subsection, a 
person may not engage in saltwater recreational fishing or land or possess fish taken from 
salt water without registering on the saltwater recreational fishing registry pursuant to this 
section.  The requirement to register does not apply to: 
A.  A person under 16 years of age; 
B.  A passenger on board a vessel captained by an individual who possesses a current 
guide license for tidewater fishing issued under section 12853 or a customer on board 
a vessel licensed to carry passengers for hire for recreational fishing; 
C.  A person who is physically or mentally incapacitated as determined by the 
commissioner; 
D.  A disabled veteran of the Armed Forces of the United States who has a service-
connected disability as determined by the United States Department of Veterans 
Affairs; 
E.  A person who is registered or licensed to engage in saltwater recreational fishing 
in another jurisdiction if the registration or licensing requirements of that jurisdiction 
meet the requirements of 50 Code of Federal Regulations, Sections 600.1415 and 
600.1416 (2009); 
F.  An individual renting a smelt fishing camp from a commercial operator for 
recreational saltwater smelt fishing if that operator has registered with the 
commissioner in a manner determined by the commissioner; and 
G.  A resident fishing on July 4th, Memorial Day weekend or Labor Day weekend. 
3.  Penalty.  The following penalties apply to a violation of subsection 2. 
A.  A person who violates subsection 2 commits a civil violation for which a fine of 
not less than $100 nor more than $500 may be adjudged. 
B.  A person who violates subsection 2 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. 
4.  Fees.  A fee for registering on the saltwater recreational fishing registry may not 
be established or levied. Notwithstanding any other provision of law to the contrary, a 
person registering through an agent or an online licensing and registration system may 
not be charged an agent fee under section 12501, subsection 3 or a fee for using the 
online licensing and registration system except that a person registering through an agent 
may be charged an agent fee of $1 if the only transaction conducted by that person is 
registering on the registry. 
5.  Administration and enforcement; funding.  The commissioner shall administer 
the provisions of this section within the department's existing resources. The 
commissioner and the Commissioner of Marine Resources shall work with the State's 
congressional delegation to seek federal funding for purposes of this section. The 
commissioner and the Commissioner of Marine Resources 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. 
Sec. 4.  Marine Recreation Fishing Conservation and Management Fund; 
use of remaining funds.  The Commissioner of Marine Resources shall use funds 
remaining on the effective date of this Act in the Marine Recreation Fishing Conservation 
and Management Fund established under Title 12, section 6032, subsection 1 for 
research, conservation and enforcement efforts related to the saltwater recreational 
fishery.  
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill repeals the laws that established the current saltwater recreational fishing 
registry and the Marine Recreation Fishing Conservation and Management Fund and does 
the following. 
1.  It establishes a saltwater recreational fishing registry under the jurisdiction of the 
Department of Inland Fisheries and Wildlife. 
2.  It directs the Commissioner of Inland Fisheries and Wildlife to establish a registry 
system that allows a person to register online, through an agent or in conjunction with the 
purchase of a freshwater fishing license. 
3.  It provides that a fee or online system fee, and in most cases an agent fee, may not 
be charged to a person registering on the registry. 
4.  It requires the Commissioner of Inland Fisheries and Wildlife to administer the 
saltwater recreational fishing registry within the department's existing resources and 
provides that the Commissioner of Inland Fisheries and Wildlife and the Commissioner 
of Marine Resources may not expand enforcement activities regarding the registry 
beyond existing department resources unless federal funding is secured to cover the costs 
of those expanded enforcement operations.