Sec. 1. 12 MRSA §7202, sub-§1, as enacted by PL 1979, c. 420, §1, is amended to read:

1. Issuance. The commissioner may grant permits to introduce, import or transport any live freshwater fish or eggs gametes into the State or to receive or have in possession fish or eggs gametes so introduced, imported or transported if the commissioner determines that the species does not pose a significant risk to the health, habitat or genetic integrity of any native species of fish or other organisms.

Sec. 2. 12 MRSA §7202, sub-§2, ¶¶B and C, as enacted by PL 1979, c. 420, §1, are amended to read:

B. The name and address of the source; and

C. A statement from a recognized fish pathologist, from a college or university, from a state conservation department or from the United States Fish and Wildlife Service, certifying that the fish or eggs gametes are from sources which that show no evidence of viral hemorrhagic septicemia, infectious pancreatic necrosis, infectious hematopoietic necrosis, Myxosomo cerebralis or other diseases which that may threaten fish stocks within the State. ; and

Sec. 3. 12 MRSA §7202, sub-§2, ¶D is enacted to read:

D.__Any other tests or analyses that the commissioner may require by rule to protect the health of fish or other organisms.

Sec. 4. 12 MRSA §7202, sub-§3 is enacted to read:

3.__Rules.__The commissioner may adopt rules allowing the importation of certain species of tropical fish and goldfish without a permit, for aquarium purposes only, if the commissioner determines that the species does not pose a significant risk to the health, habitat or genetic integrity of any native species of fish or other aquatic organism.

Sec. 5. 12 MRSA §7377, sub-§5-A, as enacted by PL 1995, c. 455, §25, is repealed.

SUMMARY

This bill will clarify the authority of the Commissioner of Inland Fisheries and Wildlife to deny an importation permit if it