An Act To Improve Maine's Heritage Fish List
Maine Legislature, Session 128, LD 1236
Committee: Inland Fisheries and Wildlife
Sponsors: BLACK, SAVIELLO, DUNPHY, HILLIARD, LYFORD, MARTIN, SKOLFIELD, DILL
Amends: 12 MRSA §12461

Legislative Document
No. 1236
H.P. 859
House of Representatives, March 30, 2017
An Act To Improve Maine's Heritage Fish List
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BLACK of Wilton.
Cosponsored by Senator SAVIELLO of Franklin and
Representatives: DUNPHY of Old Town, HILLIARD of Belgrade, LYFORD of Eddington, 
MARTIN of Sinclair, SKOLFIELD of Weld, Senator: DILL of Penobscot.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §12461, sub-§1, as repealed and replaced by PL 2013, c. 538, 
§35, is amended to read: 
1.  Adoption of state heritage fish waters.  The commissioner shall adopt by rule a 
list of state heritage fish waters composed of lakes and ponds that contain state heritage 
fish, as defined in Title 1, section 212-A.  This list must include waters identified as 
eastern brook trout waters and arctic charr waters that have never been stocked according 
to any reliable records authorized for adoption by Resolve 2005, chapter 172, as 
amended, and waters identified as eastern brook trout waters and arctic charr waters that 
according to reliable records have not been stocked for at least 25 years. The list of state 
heritage fish waters may be amended by rule in accordance with the provisions of 
subsections 2 and 3 based on criteria established by the commissioner and in accordance 
with the provisions of Title 5, chapter 375.  Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  12 MRSA §12461, sub-§§2 and 3, as amended by PL 2013, c. 538, §36, 
are further amended to read: 
2.  Addition of waters to list.  The commissioner may adopt rules to amend the list 
established under subsection 1 to add a lake or pond if that lake or pond meets criteria 
established by the commissioner for classifying a lake or pond as a state heritage fish 
water is identified as an eastern brook trout water or arctic charr water that according to 
reliable records has never been stocked or as an eastern brook trout water or arctic charr 
water that according to reliable records has not been stocked for at least 25 years.  Rules 
adopted to add a lake or pond to the list established under subsection 1 are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.  A public hearing on 
the rules must be held prior to adoption of the rules and conducted in accordance with the 
provisions of Title 5, chapter 375. 
3.  Removal of waters from list.  The commissioner may by rule remove a lake or 
pond from the list established under subsection 1 based on criteria established by the 
commissioner.  Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.  A public hearing on the rules must be 
held prior to adoption of the rules and conducted in accordance with the provisions of 
Title 5, chapter 375. 
SUMMARY 
This bill limits the Commissioner of Inland Fisheries and Wildlife to adding to the 
list of state heritage fish waters only those lakes and ponds identified as eastern brook 
trout waters and arctic charr waters that according to reliable records have not been 
stocked for at least 25 years or have never been stocked.