Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 409 - MAINE INDIAN TRIBAL-STATE COMMISSION › Chapter 201 - FISHING ON WATERS UNDER JURISDICTION OF MAINE INDIAN TRIBAL-STATE COMMISSION › Section 409-201-2 - General Provisions

Current through 2024-29, July 17, 2024
A. Applicability
Unless otherwise provided in Sections 3 and 4, these general
				  provisions in section 2 apply to fishing on MITSC waters.
B. Definitions
Unless the context indicates otherwise, the following terms
				  have the following meanings as used in this chapter.
1.
Artificial Lure
.
				The term "artificial lure" means any fishing lure constructed by humans as an
				imitation or substitute for natural bait or fish forage. It includes but is not
				limited to artificial flies; spinners; spoons; poppers; plugs; jigs; and
				plastic, rubber, or other artificial imitations of natural bait. An "artificial
				lures only" rule prohibits the use of any live, dead or chemically preserved
				natural or organic bait or food.
2.
Brook Trout
. The term "brook trout" includes both
				brook trout and splake.
3.
To Fish
. The term "to fish" means to take, catch,
				kill, molest, or destroy, or attempt to take, catch, kill, molest, or destroy
				any fish.
4.
Fly
. The term "fly" means a single pointed hook
				dressed with feathers, hair, thread, tinsel, or any similar material to which
				no additional weight, hook, spinner, spoon, or similar device is
				added.
5.
Fly
				Fishing
. The term "fly fishing" means casting upon water and
				retrieving in the usual and ordinary manner not more that 3 unbaited artificial
				flies individually attached to a line to which no extra weight has been added.
				It is unlawful to troll a fly in waters restricted to fly fishing
				only.
6.
Hook
. The term "hook" means a single fishhook
				constructed with 1, 2, or 3 points.
7.
MITSC
. The term
				"MITSC" means Maine Indian Tribal-State Commission.
8.
MITSC Waters
. The
				term "MITSC waters" means all waters within Passamaquoddy and/or Penobscot
				Territory that are above the rise and fall of the tide and are subject to
				regulation by the Maine Indian Tribal-State Commission pursuant to 30 MRSA
				§6207(3).
9.
Open
				Season
. The term "open season" means the time during which it is
				lawful to fish for or possess any fish, as specified and limited by
				rule.
10.
Salmon
. The term "salmon", when used alone, means
				landlocked salmon.
11.
Set Line
. The term "set line" means a line extending
				into the water and rigged to catch fish that has one end secured to the shore
				or to a fixed or buoyant object and that is not personally attended.
12.
Single-Baited
				Hook
. The term "single-baited hook" means up to 3 hooks attached
				together or in tandem to the end of a line and baited as a single apparatus
				designed to catch only one fish at a time.
13.
Snagging
. The
				term "snagging" means to fish by manipulating a hook or hooks in such a manner
				as to pierce or snag the fish in a part of the body other than the
				mouth.
14.
Togue
. The term "togue" means lake trout.
15.
Tributary
. The
				term "tributary" means a brook, stream, or river flowing directly or indirectly
				into a lake, pond, or another brook, stream, or river. A lake or a great pond
				shall not be construed to mean a tributary. The tributary to a great pond shall
				not be considered a tributary to the outlet of that great pond.
16.
Troll
. The term
				"troll" means to fish by trailing a line rigged to catch fish through or over
				the water behind a watercraft being propelled by mechanical, wind, or manual
				power.
17.
Trout
. When used alone, the term "trout" includes only
				brook trout, brown trout, rainbow trout, sunapee trout, blueback trout, and
				splake.
18.
Water
				Thoroughfare
. The term "water thoroughfare" means a waterway,
				without flowage, connecting two bodies of water.