An Act to Prevent the Introduction or Transfer of Invasive Fish
Maine Legislature, Session 132, LD 1548
Committee: Inland Fisheries and Wildlife
Sponsors: BLACK
Amends: 12 MRSA §10902, 12 MRSA §12509, 12 MRSA §12510, 12 MRSA §12511, 12 MRSA §12512, 12 MRSA §12557

Legislative Document
No. 1548
S.P. 632
In Senate, April 10, 2025
An Act to Prevent the Introduction or Transfer of Invasive Fish 
Species in Inland Waters of the State
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 Representatives: MASON of Lisbon, THORNE of Carmel, WOOD of Greene.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §10902, sub-§8, as amended by PL 2013, c. 538, §§9 to 11, is 
further amended by amending the first blocked paragraph to read:
The commissioner shall suspend a person's fishing license for 5 10 years and may suspend 
any other license issued under this Part and held by that person if the person is convicted 
or adjudicated of illegally importing, transporting or possessing live freshwater fish or fish 
gametes of an offense under sections 12509, 12510, and 12512 and 12611, except that this 
mandatory revocation does not apply to offenses under section 12509 involving live bait 
fish or smelts.
Sec. 2.  12 MRSA §12509, sub-§1, as amended by PL 2019, c. 113, Pt. C, §20, 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 fish eggs into the State or 
receive or have in that person's possession fish or gametes fish eggs so introduced, 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 fine may not be less than $1,000 nor more 
than $10,000.
Sec. 3.  12 MRSA §12509, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
2.  Issuance.  The commissioner may grant permits to introduce, import or transport 
any live fish or gametes fish eggs into the State or to receive or have in possession fish or 
gametes fish eggs 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 
may not adopt rules 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 the Atlantic salmon restoration program.
Sec. 4.  12 MRSA §12509, sub-§3, ¶C, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read:
C.  A statement from a fish health inspector certified by the American Fisheries 
Society, a fish pathologist certified by the American Fisheries Society or a licensed 
accredited veterinarian, certifying that the fish or gametes fish eggs 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
Sec. 5.  12 MRSA §12510, as amended by PL 2019, c. 113, Pt. C, §21 and c. 263, 
§1, is further amended to read:
§12510.  Permit to stock inland waters
1.  Permit required.  Except as otherwise authorized pursuant to this Part, a person 
may not introduce fish or fish eggs 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 1704, the fine may not be less than $1,000 
or more than $10,000.
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.  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 the 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 fish eggs 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 only into a great pond 
that:
(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 introduction of only:
(1)  The same species of fish that was stocked at the time the department suspended 
stocking; and
(2)  Fish or fish eggs 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 carrying 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. 6.  12 MRSA §12511, as amended by PL 2019, c. 113, Pt. C, §22, is further 
amended to read:
§12511.  Permit to introduce fish or fish spawn eggs into private pond
1.  Permit required.  Except as otherwise authorized pursuant to this Part, a person 
may not introduce fish or fish spawn eggs into a private pond 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 fine may not be less than $1,000 nor 
more than $10,000.
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.  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 the 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 to introduce fish or fish 
spawn eggs into a private pond.
Sec. 7.  12 MRSA §12512, as amended by PL 2019, c. 113, Pt. C, §23, is further 
amended to read:
§12512.  Permit to transport live fish for breeding and advertising
1.  Permit required.  Except as otherwise authorized pursuant to this Part, a person 
may not take and transport within the limits of the State live fish taken in the State for 
breeding or advertising purposes, other than baitfish and smelts, 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 fine may not be less than $1,000 
nor more than $10,000.
2.  Issuance.  The commissioner may issue a permit to a person permitting that person 
to take and transport within the limits of the State fish taken in the State for breeding or 
advertising purposes.
Sec. 8.  12 MRSA §12557 is enacted to read:
§12557.  Disposal of live baitfish or smelts
1.  Prohibition.  A person may not dispose of any live baitfish or smelts into inland 
waters of the State.
2.  Penalty.  The following penalties apply to violations of this section.
A.  A person who violates subsection 1 commits a civil violation for which a fine of 
not less than $100 nor more than $500 may be adjudged.
B.  A person who violates subsection 1 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 increases the suspension and revocation of a fishing license from 5 years to 
years for the following 3 offenses: failing to acquire a permit to import live freshwater 
fish or eggs except for live baitfish or smelts, to stock inland waters and to import live fish 
taken within the State. It reduces the mandatory suspension of a fishing license for the 
violation of illegal possession of live fish from 5 years to one year.
It adds mandatory restitution for failing to acquire a permit to stock inland waters and 
failing to acquire a permit to introduce fish or fish eggs into a private pond, and the court 
must order an offender to pay the Department of Inland Fisheries and Wildlife 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 a violation and direct 
the offender to provide the Commissioner of Inland Fisheries and Wildlife proof of that 
payment.
Current law requires a permit to transport live fish for breeding and advertising. The 
bill eliminates the specific activities of breeding and advertising so the permit is required 
more generally for transport of live fish except for live baitfish and smelts taken within the 
State.
The bill creates a prohibition for disposal of live baitfish or smelts into inland waters, 
which is a civil violation. It also changes references to gametes and fish spawn to fish eggs.