An Act to Protect Maine's Inland Fisheries from Invasive Fish
Maine Legislature, Session 131, LD 1049
Committee: Inland Fisheries and Wildlife
Sponsors: BLACK, HEPLER, LANDRY, MASON
Amends: 12 MRSA §12760

Legislative Document
No. 1049
S.P. 418
In Senate, March 7, 2023
An Act to Protect Maine's Inland Fisheries from Invasive Fish
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BLACK of Franklin.
Cosponsored by Representative HEPLER of Woolwich and
Representatives: LANDRY of Farmington, MASON of Lisbon.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §12760, sub-§1, as amended by PL 2017, c. 150, §9, is further 
amended to read:
1.  Commissioners' 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 river herring, shad, salmon, sturgeon or other anadromous or 
migratory fish species.
The commissioners 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 or at a dam located on the 
Penobscot River in the Town of Medway that would allow the upstream passage of an 
invasive fish species known to be present downstream in the Piscataquis River or Penobscot 
River drainage.  The commissioners shall require a vertical barrier at least 4 feet tall in the 
fishway located at the dam on the Piscataquis River at Brown's Mill in the Town of Dover-
Foxcroft to prevent the upstream passage of invasive fish species.  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.
Sec. 2.  12 MRSA §12760, sub-§9, as amended by PL 2011, c. 612, §1, is further 
amended to read:
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 or a dam 
on the Penobscot River in the Town of Medway or a dam on the Piscataquis River at 
Brown's Mill in the Town of Dover-Foxcroft may not construct or authorize the 
construction of a fishway or fish bypass structure that would allow or remove or modify a 
current fish barrier so as to 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.
SUMMARY
This bill prohibits the Commissioner of Inland Fisheries and Wildlife and the 
Commissioner of Marine Resources from authorizing the construction of a fishway or fish 
bypass structure at a dam on the Penobscot River in the Town of Medway and directs the 
commissioners to require a vertical barrier at least 4 feet tall in the fishway located at the 
dam on the Piscataquis River at Brown's Mill in the Town of Dover-Foxcroft to prevent 
the upstream passage of invasive fish species.  It also prohibits the owners, lessors or other 
persons in control of a dam on the Penobscot River in the Town of Medway and a dam on 
the Piscataquis River at Brown's Mill in the Town of Dover-Foxcroft from constructing or 
authorizing the construction of a fishway or fish bypass structure or removing or modifying 
current fish barriers so as to allow the upstream passage of invasive fish species.