An Act To Protect the State's Native and Wild Brook Trout and Discourage Illegal Fish Introduction
Maine Legislature, Session 126, LD 0617
Committee: Inland Fisheries and Wildlife
Sponsors: McCABE, CAIN, KUSIAK, MARKS, SAUCIER, SHORT
Amends: 12 MRSA §12461, 12 MRSA §12462

Legislative Document 
No. 617 
H.P. 436 
House of Representatives, February 21, 2013 
An Act To Protect the State's Native and Wild Brook Trout and 
Discourage Illegal Fish Introduction 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McCABE of Skowhegan. 
Cosponsored by Senator CAIN of Penobscot and 
Representatives: KUSIAK of Fairfield, MARKS of Pittston, SAUCIER of Presque Isle, 
SHORT of Pittsfield. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §12461, sub-§1, as amended by PL 2007, c. 21, §2, is further 
amended to read: 
1.  Adoption of state heritage fish waters.  The commissioner shall adopt by rule 
for each state heritage fish under Title 1, section 212-A a list of state heritage fish waters 
composed of lakes and ponds that contain that state heritage fish and have never been 
stocked according to any reliable records or that contain eastern brook trout and have not 
been stocked since January 1, 1988 according to any reliable records.  The Until amended 
in accordance with this subsection, the list of native brook trout waters authorized for 
adoption by Resolve 2005, chapter 172 is a list of state heritage fish waters for purposes 
of this section.  Rules adopted pursuant to this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  12 MRSA §12461, sub-§5, as amended by PL 2007, c. 21, §2, is further 
amended to read: 
5.  Fishing restrictions.  A person may not use live fish as bait or possess live fish to 
be used as bait on a lake or pond listed as a state heritage fish water under this section.  A 
person who violates this subsection commits a Class E crime.  Violation of this 
subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. 
Sec. 3.  12 MRSA §12461, sub-§§7 and 8 are enacted to read: 
7.  Additional protections for waters that contain brook trout.  In accordance with 
this subsection, the commissioner shall protect eastern brook trout in lakes and ponds that 
the commissioner by rule identifies as containing eastern brook trout and not containing 
any nonnative species, including waters not designated as state heritage fish waters 
pursuant to this section. Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
A.  The commissioner shall annually produce an inventory of all lakes and ponds 
identified pursuant to this subsection.  The inventory must include identification of 
any nonnative species that has been introduced into the lake or pond. 
B.  The commissioner shall take all actions within the commissioner's authority under 
this Part to ensure that nonnative species are not introduced into any lake or pond 
identified pursuant to this subsection and that any nonnative species that is introduced 
is removed. 
C.  A person may not use live fish as bait or possess live fish to be used as bait on a 
lake or pond identified pursuant to this subsection.  A person who violates this 
paragraph commits a Class E crime.  Violation of this paragraph is a strict liability 
crime as defined in Title 17-A, section 34, subsection 4-A. 
8.  Required action.  The commissioner shall deploy necessary staff and other 
resources to ensure that state heritage fish waters designated pursuant to this section that 
contain eastern brook trout and were stocked prior to January 1, 1988 are protected in 
accordance with this section to the same extent as state heritage fish waters composed of 
lakes and ponds that contain eastern brook trout and have never been stocked. 
Sec. 4.  12 MRSA §12462 is enacted to read: 
§12462.  Illegally introduced fish; rules 
Notwithstanding any other provision of this Part, there are no closed seasons and no 
number, amount, weight or size limits for the taking or possession of any species of fish 
identified by the commissioner by rule as having been illegally introduced into any inland 
waters after the effective date of this section.  The commissioner may not actively 
promote fishing for fish identified pursuant to this section, but the commissioner shall 
encourage persons who catch fish identified pursuant to this section to kill those fish.  
The commissioner shall adopt rules implementing this section. Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill does the following. 
1.  It requires the Commissioner of Inland Fisheries and Wildlife to include in the 
listing of state heritage fish waters those waters that contain eastern brook trout and that 
have not been stocked since January 1, 1988.  It also requires the commissioner to ensure 
these waters are protected to the same extent as state heritage fish waters composed of 
lakes and ponds that contain eastern brook trout that have never been stocked. 
2.  It establishes additional protections for lakes and ponds containing eastern brook 
trout that do not contain any nonnative species, including waters not designated as state 
heritage fish waters.  The commissioner is required to annually inventory these waters 
and identify any nonnative species introduced into the waters.  The commissioner is also 
required to take any actions within the commissioner's authority to ensure that nonnative 
species are not introduced into these waters and that any nonnative species that is 
introduced is removed.  It prohibits a person from using live fish as bait or possessing live 
fish to be used as bait in any of these waters. 
3.  It eliminates all closed seasons and number, amount, weight and size limits for the 
taking or possession of any species of fish identified as having been illegally introduced.  
The commissioner may not actively promote fishing for these fish, but the commissioner 
is required to encourage persons who do catch these fish to kill them.