An Act To Enhance the Protection of Native Fish Species
Maine Legislature, Session 126, LD 0545
Committee: Inland Fisheries and Wildlife
Sponsors: JONES, BOLDUC, BROOKS, SHORT, STANLEY
Amends: 12 MRSA §10902, 12 MRSA §12509, 12 MRSA §12510, 12 MRSA §12511, 12 MRSA §12655

Legislative Document 
No. 545 
H.P. 364 
House of Representatives, February 19, 2013 
An Act To Enhance the Protection of Native Fish Species 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative JONES of Freedom. 
Cosponsored by Representatives: BOLDUC of Auburn, BROOKS of Winterport, SHORT of 
Pittsfield, STANLEY of Medway. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §10902, sub-§8, ¶A, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §101 and affected by §422, is further amended to read: 
A.  Introducing fish into inland waters Taking or transporting fish taken in the State 
for breeding or advertising purposes without a permit in violation of section 12509, 
subsection 2; and sections 12510, 12511 and 12512; 
Sec. 2.  12 MRSA §10902, sub-§8-A is enacted to read: 
8-A.  Mandatory revocation of all fishing and hunting licenses.  If a person is 
convicted or adjudicated of any of the following, the commissioner shall revoke all 
fishing and hunting licenses held by that person, and that person is ineligible to obtain a 
fishing or hunting license for a period of at least 10 years from the date of conviction or 
adjudication: 
A.  Introducing fish into inland waters without a permit in violation of section 12509, 
subsection 1 or section 12510 or 12511; or 
B.  Introducing, importing or transporting any live fish or gametes into the State 
without a permit in violation of section 12509, subsection 1. 
Sec. 3.  12 MRSA §12509, sub-§1, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §256 and affected by §422, is further amended to read: 
1.  Permit required.  Except as otherwise authorized pursuant to this Part, a person 
may not introduce, import or transport any live fish or gametes into the State or receive or 
have in that person's possession fish or gametes so introduced, imported or transported 
without a valid permit issued under this section. 
A person who violates this subsection commits a Class E C crime, except that, 
notwithstanding Title 17-A, section 1301, the fine may not be less than $1,000 nor more 
than $10,000.  Violation of this subsection is a strict liability crime as defined in Title 
17-A, section 34, subsection 4-A. 
Sec. 4.  12 MRSA §12510, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by Pt. D, §7 and c. 614, §9, is amended to read: 
§12510.  Permit to stock inland waters; violation 
1.  Permit required.  Except as otherwise authorized pursuant to this Part, a person 
may not introduce fish of any kind into any inland waters without a valid permit issued 
under this section.  A person who violates this subsection commits a Class E crime, 
except that, notwithstanding Title 17-A, section 1301, the fine may not be less than 
$1,000 or more than $10,000.: 
A.  Introduce fish of any kind into any inland waters.  Violation of this paragraph is a 
strict liability crime as defined in Title 17-A, section 34, subsection 4-A; or 
B.  Possess or transport fish for the purpose of introducing them into any inland 
waters.  Proof of possession or transportation of live fish without a permit issued 
under this section or other authorization pursuant to this Part gives rise to a 
permissible inference under the Maine Rules of Evidence, Rule 303 that the person 
possessing or transporting the live fish did so for the purpose of introducing the fish 
into inland waters. 
A person who violates paragraph A or paragraph B commits a Class C crime. 
2.  Issuance. The commissioner may issue a written permit allowing a person to 
introduce fish of any kind into any inland waters by means of live fish or otherwise and to 
possess and transport fish for this purpose. 
Sec. 5.  12 MRSA §12511, sub-§1, as enacted by PL 2003, c. 655, Pt. B, §257 
and affected by §422, is amended to read: 
1.  Permit required.  Except as otherwise authorized pursuant to this Part, a person 
may not introduce fish or fish spawn into a private pond without a valid permit issued 
under this section.  A person who violates this subsection commits a Class E C crime, 
except that, notwithstanding Title 17-A, section 1301, the fine may not be less than 
$1,000 nor more than $10,000.  Violation of this subsection is a strict liability crime as 
defined in Title 17-A, section 34, subsection 4-A. 
Sec. 6.  12 MRSA §12655, as repealed and replaced by PL 2003, c. 655, Pt B, 
§278 and affected by §422, is amended to read: 
§12655.  Unlawful use of bait 
1.  Prohibition.  During times when fishing is limited by rule to the use of artificial 
lures only, a person may not use: 
A.  Live bait; 
B.  Dead bait; or 
C.  Chemically preserved natural or organic bait. 
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A. 
2.  Penalty.  A person who violates this section commits a Class E crime.: 
A.  Violates subsection 1, paragraph B or C commits a Class E crime; and 
B.  Violates subsection 1, paragraph A commits a Class C crime. 
SUMMARY 
This bill: 
1.  Changes the class of the crimes of illegal stocking of fish and illegal use of live 
bait from Class E to Class C; 
2.  Provides that, if a person is convicted of introducing, importing or transporting 
live fish without a permit, the Commissioner of Inland Fisheries and Wildlife is required 
to revoke all fishing and hunting licenses held by that person, and that person is ineligible 
to obtain a fishing or hunting license for a period of at least 10 years from the date of 
conviction; and 
3.  Provides that possession or transportation of live fish without authorization gives 
rise to a permissible inference that the person possessing or transporting the live fish does 
so for the purpose of illegally introducing the fish into inland waters.