An Act To Strengthen the Fishing Laws
Maine Legislature, Session 126, LD 1191
Committee: Inland Fisheries and Wildlife
Sponsors: ESPLING, DUTREMBLE, BRIGGS, DAVIS, EVANGELOS, KUSIAK, MARKS
Amends: 12 MRSA §12461, 12 MRSA §12504, 12 MRSA §12505, 12 MRSA §12760, 12 MRSA §12761, 38 MRSA §480-Q

Legislative Document 
No. 1191 
H.P. 835 
House of Representatives, March 26, 2013 
An Act To Strengthen the Fishing Laws 
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative ESPLING of New Gloucester. 
Cosponsored by Senator DUTREMBLE of York and 
Representatives: BRIGGS of Mexico, DAVIS of Sangerville, EVANGELOS of Friendship, 
KUSIAK of Fairfield, MARKS of Pittston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §12461, sub-§6, as enacted by PL 2009, c. 214, §7, is amended 
to read: 
6.  Exceptions.  Notwithstanding the stocking restrictions set forth in subsection 4, 
the commissioner may: 
A.  Stock Big Reed Pond in T.8, R.10, W.E.L.S. with native fish species.  If sufficient 
brook trout from Big Reed Pond are not available, brook trout from Reed Brook and 
its tributaries in T.8, R.10, W.E.L.S. may be used for restocking.  If arctic charr from 
Big Reed Pond are not available, arctic charr from an endemic arctic charr water in 
the State may be used for restocking.  If northern redbelly dace need to be restocked 
in Big Reed Pond, northern redbelly dace from Reed Brook and its tributaries in T.8, 
R.10, W.E.L.S. may be used for restocking.; and 
B.  Stock Big Wadleigh Pond in T.8, R.15, W.E.L.S. with native fish species. If 
sufficient brook trout from Big Wadleigh Pond are not available, brook trout from 
Wadleigh Stream in T.8, R.15, W.E.L.S. and T.7, R.15, W.E.L.S. or Poland Pond in 
T.7, R.15 W.E.L.S. may be used for restocking. If arctic charr from Big Wadleigh 
Pond are not available, arctic charr from an endemic arctic charr water in the State 
may be used for restocking. If northern redbelly dace need to be restocked in Big 
Wadleigh Pond, northern redbelly dace from the nearest source may be used for 
restocking. 
Sec. 2.  12 MRSA §12504, as amended by PL 2005, c. 495, §1, is further amended 
to read: 
§12504.  Fishing derby permits 
1.  Permit required.  Except as provided in sections 12504-A and 12505, a person 
may not conduct a fishing derby or fishing tournament without a valid permit issued 
under this section. 
Each day a person violates this subsection, that person commits a Class E crime for which 
a minimum fine of $50 and an amount equal to twice the applicable license fee must be 
imposed. 
2.  Application.  A person wishing to conduct a fishing derby or fishing tournament 
shall first make application for and obtain a permit from the commissioner.  A bass 
tournament sponsored by a bass club in waters free of ice falls under the provisions of 
section 12505.  A completed application for a permit must include the proposed rules, 
targeted fish species, requested dates, places, times and prize structure for the derby or 
tournament. 
2-A.  Conditions; restrictions.  The commissioner may place conditions and 
restrictions on a derby permit. 
A.  The commissioner may revoke a derby permit issued to or refuse to issue a permit 
to a club or group that violates a condition or restriction placed on a derby permit or 
disallow the participation of an individual who violates a condition or restriction 
placed on a derby permit. 
B.  A derby permit does not allow a participant to keep fish alive for entry into the 
derby.  A fish caught as part of the derby must be killed at once and becomes part of 
the participant's daily bag limit. 
3.  Rules.  The commissioner shall adopt all necessary rules relative to permits to 
ensure that derbies and tournaments are conducted only at such times and places and in 
such a manner as are consistent with the fisheries management objectives of the 
department.  Such rules must include: 
A.  Specifying the number of derbies or tournaments that may be conducted in a 
given body of water and the dates within which they may be conducted. These rules 
must be reviewed periodically; and 
B.  Fixing the maximum total value of prizes that may be awarded at each derby or 
tournament, except that for a derby held on Sebago Lake in Cumberland County and 
in conjunction with the department's fisheries management objectives, the maximum 
total value of prizes may not exceed $100,000. 
3-A.  Violation of rules, conditions or restrictions; penalty.  Except as provided in 
section 12602, the following penalties apply to violations of rules, conditions or 
restrictions adopted under this section. 
A.  A person who violates a rule adopted under subsection 3 or a condition or 
restriction placed on a derby permit under subsection 2-A 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 a rule adopted under subsection 3 or a condition or 
restriction placed on a derby permit under subsection 2-A 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.  Issuance.  The commissioner, following a determination that an applicant has 
complied with all rules adopted pursuant to this section, may issue a permit to the 
applicant authorizing the conduct of the derby or tournament.  Applicants who have 
conducted derbies or tournaments in the requested body of water in the past that have 
conformed with all rules, conditions and restrictions must be given preference in the 
issuance of permits. 
5.  Fee.  The fee for a permit to conduct a fishing derby or fishing tournament is $24. 
Sec. 3.  12 MRSA §12505, sub-§2-A is enacted to read: 
2-A.  Conditions; restrictions.  The commissioner may place conditions and 
restrictions on a bass tournament permit. 
A.  The commissioner may revoke a bass tournament permit issued to or refuse to 
issue a permit to a bass club that violates a condition or restriction placed on a bass 
tournament permit or disallow the participation of an individual who violates a 
condition or restriction placed on a bass tournament permit. 
Sec. 4.  12 MRSA §12505, sub-§6, as enacted by PL 2003, c. 655, Pt. B, §252 
and affected by §422, is amended to read: 
6.  Violation of rules, conditions or restrictions; penalty.  Except as provided in 
section 12602, the following penalties apply to violations of rules adopted under 
subsection 5 and violations of conditions or restrictions placed on a bass tournament 
permit pursuant to subsection 2-A. 
A.  A person who violates a rule adopted under subsection 5 or a condition or 
restriction placed on a bass tournament permit pursuant to subsection 2-A 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 a rule adopted under subsection 5 or a condition or 
restriction placed on a bass tournament permit pursuant to subsection 2-A 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. 5.  12 MRSA §12760, as amended by PL 2011, c. 612, §1, is further amended 
to read: 
§12760.  Fishways in dams and other artificial obstructions 
1.  Commissioner's 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 commissioners 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 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. 
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 cooperation with the Department of Marine Resources, establish a 
program to ensure fishways are functioning properly and remain sufficient or suitable for 
the passage of anadromous or migratory fish.  The commissioners have commissioner has 
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 commissioners 
determine commissioner determines 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 conform 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 commissioners' commissioner's denial, stating the reasons for the 
denial, or schedule a public hearing.  The commissioners commissioner shall hold a 
public hearing whenever: 
(1)  The commissioners are commissioner is petitioned by 50 or more residents of 
the State; or 
(2)  The owner, lessee or other person in control of the dam or artificial 
obstruction requests a hearing. 
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 commissioners 
commissioner for that dam or artificial obstruction. 
6.  Decision.  In the event that the commissioner and the Commissioner of Marine 
Resources decide decides that a fishway should be constructed, repaired, altered or 
maintained pursuant to this section, the commissioners commissioner 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 commissioners commissioner 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 commissioners commissioner 
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 commissioners decide commissioner decides that a fishway should 
not be constructed, the commissioners commissioner shall specify in that decision a 
period not to exceed 5 years subsequent to that decision during which a 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 commissioners' commissioner's order or 
to restrain the violation of an order. In the proceeding, the court may not review the 
legality of the commissioners' commissioner's 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 decision issued pursuant to subsection 6. 
8.  Privileged entry.  The commissioner and the Commissioner of Marine Resources, 
the commissioners' commissioner's 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 commissioners commissioner 
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 
commissioners commissioner 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. 6.  12 MRSA §12761, as amended by PL 2011, c. 612, §2, 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 commissioners determine commissioner 
determines that the construction or alteration may be necessary, the commissioners 
commissioner 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. 
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. 7.  38 MRSA §480-Q, sub-§27, as amended by PL 2011, c. 612, §3, is 
further 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 bill makes changes to strengthen the fishing laws as follows. 
The bill separates provisions governing bass fishing tournaments and provisions 
governing fishing derby permits. 
The bill also gives the Commissioner of Inland Fisheries and Wildlife the authority to 
place conditions and restrictions on derby permits and bass tournament permits.  The bill 
makes the violation of any condition or restriction placed on a derby permit or a bass 
tournament permit a civil violation.  The bill also authorizes the commissioner to revoke 
a permit, refuse to issue a permit or refuse to allow the participation of any person in 
cases involving a violation of a condition or restriction placed on a derby permit or a bass 
tournament permit. 
The bill also clarifies that any fish caught for a fishing derby must be killed 
immediately and becomes part of the participant's daily bag limit. 
The bill revokes the Commissioner of Marine Resources' authority over fishways in 
dams and other artificial obstructions in inland waters but retains the commissioner's 
authority over fishways in dams and other artificial obstructions in tidal waters under the 
Maine Revised Statutes, Title 12, section 6121. 
The bill also authorizes the Commissioner of Inland Fisheries and Wildlife to stock 
native fish species in Big Wadleigh Pond in Piscataquis County.