An Act to Amend or
Maine Legislature, Session 132, LD 2055
Committee Amendment CA_A_H799 (House)
Amends: 12 MRSA §12509, 12 MRSA §12510, 12 MRSA §12511, 12 MRSA §12607

COMMITTEE AMENDMENT "/-f " to H.P. 1379, L.D. 2055, "An Act to Amend or
Correct Certain Inland Fisheries and Wildlife Laws"
Amend the bill in section 1 in subsection 16 in the 10th line (page 1, line 13 in L.D.)
by striking out the following: "3-year melieibilitv period under subsection 5" and msertmg
the following: 'elieibilitv period under subsection 5 that prohibits a transferee that transfers
a moose permit pursuant to this subsection from obtainme another moose oennit until the
4th calendar year after the issuance of the last oennit'
Amend the bill by inserting after section 1 the following:
'See. 2. 12 MRSA §12509, as amended by PL 2025, c. 343, §§5 to 7, is farther
amended to read:
§12509. Permit to import live freshwater fish or eggs eametes
1. Permit required. Except as otherwise authorized pursuant to this Part, a person
may not introduce, import or transport any live fish or fish eggs eametes into the State or
receive or have in that person's possession fish or fioh eggs gametes so infa-oduced, imported
or transported 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 1704, the fme may not be less than $1,000 nor more
than $10,000.
2. Issuance. The commissioner may grant permits to introduce, import or transport
any live fish or fiah eggs gametes into the State or to receive or have in possession fish or
fish @ggs eametes so introduced, imported or transported if the commissioner determines
that the species does not pose an unreasonable risk to any species of fish or other organism
after evaluating fish health, habitat and population management issues. The commissioner
i may not adopt mles or issue permits governing any aspect of either the commercial
aquaculture of Atlantic salmon when intended for use in commercial aquaculture in coastal
waters, or in land-based aquaculture facilities, or the Atlantic sahnon restoration program.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/-\ " to H.P. 1379, L.D. 2055
^
3. Application. Importers shall, when requesting a permit issued pursuant to
subsection 2, provide the commissioner with the following information:
A. The niunber and species to be imported;
B. The name and address of the source;
C. A statement from a fish health inspector certified by the American Fisheries
Society, a fish pafhologist certified by the American Fisheries Society or a licensed
accredited veterinarian^ certifying that the fish or fish eggs gametes are from sources
that show no evidence of viral hemorrhagic septicemia, infectious pancreatic necrosis,
infectious hematopoietic necrosis, Myxosomo cerebralis or other diseases that may
threaten fish stocks within the State; and
D. Other professionally recognized tests or analyses, including evaluation of fish
health, habitat or population management issues that the commissioner may require by
rule to ensure that the species will not pose an unreasonable risk to any species of fish
or other organism.
4. Rules. The commissioner may adopt rules allowing the possession and importation
of certain species of tropical fish and goldfish without a permit, for aquarium purposes
only, if fhe commissioner determines that the species does not pose an unreasonable risk to
any species of fish or other organism after evaluating fish health, habitat and population
management issues. Rules adopted pursuant to this subsection are routine technical mles
as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3. 12 MRSA §12510, as amended by PL 2025,c. 343, §8, is further amended
to read:
§12510. Permit to stock inland waters
1. Permit required. Except as otfaerwise aufhorized pursuant to this Part, a person
may not introduce fish or fish eggs gametes of any kind into any inland waters without a
valid permit issued under this section.
1-A. Penalty. A person who violates subsection 1 commits a Class E crime, except
that, notwithstanding Title 17-A, section 1704, the fme may not be less than $ 1,000 or more
than $10,000.
1-B. Restitution. In the case of a person who violates subsection 1, the court shall:
A. Order that person to pay the department an amount equal to the cost of labor,
equipment, chemicals and all other related expenses directly associated with mitigating
or reclaiming waters affected as a result of fhe violation; and
B, Direct that person to provide the commissioner, upon making full payment as
ordered by the court under paragraph A, proof of that payment.
2. Issuance. The commissioner may issue a written permit allowing a person to
introduce fish or fioh ogga gametes of any kind into any inland waters by means of live fish
or otherwise.
3. Limited permit. The commissioner may issue a written limited permit to a local
government under this subsection. A limited permit:
A. Allows the local government to introduce fish or fish eggs eametes only into a great
pond that:
Page2-132LR2634(02)
COMMITTEE AMENDMENT
CO COMMTTTEE AMENDMENT "/{ " to H.P. 1379, L.D. 2055
(1) Is within the jurisdiction of the local government; and
(2) Was previously stocked by the department and in which stocking was
suspended prior to January 1, 2019 and has not been resumed by the department
due to inadequate public access;
B. Allows the mtroduction of only:
(1) The same species of fish that was stocked at the time the department suspended
stocking; and
(2) Fish or fish eggs eametes obtained by the local government at its own expense
from an in-state commercial facility that meets testing and health guidelines
approved by the department; and
C, May be issued only if the local government identifies public access to the great
pond that:
(1) Is at least suitable for the hand carrymg of boats to the water;
(2) Includes a parking area; and
(3) Has been marked with signage adequate to ensure public awareness of the
public access.
For purposes of this subsection, "local government" means a municipality or, in the
unorganized territory, a county,
Sec. 4. 12 MRSA §12511, as amended by PL 2025,c.343,§9,is further amended
to read:
§12511. Permit to introduce fish or fish eggs eametes into private pond
1. Permit required. Except as otherwise authorized pursuant to this Part, a person
may not introduce fish or fish eggs eametes into a private pond without a valid permit
issued under this section.
1-A. Penalty. A person who violates subsection 1 commits a Class E crime, except
that, notwithstanding Title 17-A, section 1704, the fine may not be less than $1,000 or more
than $10,000,
1-B. Restitution. Infhecaseof a person who violates subsection 1, the court shall:
A. Order that person to pay the department an amount equal to the cost of labor,
0 equipment, chemicals and all other related expenses directly associated with mitigatmg
or reclaiming waters affected as a result of fhe violation; and
B, Direct that person to provide the commissioner, upon making full payment as
3 ordered by fhe court under paragraph A, proof of that payment.
2. Issuance. The commissioner may issue a written permit to introduce fish or fish
5 eggs gametes into a private pond.
Sec. 5. 12 MRSA §12607, as enacted by PL 2003,c. 414, Ft, A, §2 and affected by
Pt. D, §7 and c. 614, §9, is amended by amending the section headnote to read:
§12607. Unlawfully introducing department-raised fish or fish spawn eametes
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "H " to H.P. 1379, L.D. 2055
^ -„.„„„„_.-..„.„,„.,. ^ ._„..,.
Sec. 6. 12 MRSA §12607, sub-§l, as enacted by PL 2003, c. 414, Pt. A, §2 and
affected by c. 614, §9, is amended to read:
1. Prohibition. A person may not introduce fish or fish spawn gametes raised by the
department into a private pond, unless the department permits the introduction for fishing
events held in conjunction with educational or special programs sanctioned by the
department.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment clarifies language in the bill that prohibits a transferee who transfers
a moose permit to a disabled veteran from obtaining another moose permit until the 4th
calendar year after the issuance of the last permit. It also replaces the terms "fish eggs" and
"fish spawn" with "gametes" in certain provisions of the Maine Revised Statutes, Title 12
to clarify that the provisions apply to fish eggs and fish milt.
FISCAL NOTE REQUIRED
(See attached)
Page4-132LR2634(02)
COMMITTEE AMENDMENT
Approved; 02/06/26 f-Kt-
LD 2055 LR 2634(02)
An Act to Amend or Correct Certain Inland Fisheries and Wildlife Laws
Fiscal Note for Bill as Amended by Committee Amendment"].
Committee; Inland Fisheries and Wildlife
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
correctional and Judicial Impact Statements
The additional workload associated with the minimal number of new cases filed in the court system does not require
additional funding at this time, The collection of additional fines will increase General Fund or other dedicated
revenue by minor amounts.
Fiscal Detail and Notes
Any additional costs to the Department of Inland Fisheries and Wildlife from the provisions of this bill are expected to
be minor and can be absorbed within existing budgeted resources.
LR2634(02) - Fiscal Note - Page 1 of 1