PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Protect the State's Native and Wild Brook Trout and Discourage Illegal Fish Introduction
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §12461, sub-§1, as amended by PL 2007, c. 21, §2, is further amended to read:
 
1. Adoption of state heritage fish waters.   The commissioner shall adopt by rule for each state heritage fish under Title 1, section 212-A a list of state heritage fish waters composed of lakes and ponds that contain that state heritage fish and have never been stocked according to any reliable records or that contain eastern brook trout and have not been stocked since January 1, 1988 according to any reliable records. TheUntil amended in accordance with this subsection, the list of native brook trout waters authorized for adoption by Resolve 2005, chapter 172 is a list of state heritage fish waters for purposes of this section. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. 12 MRSA §12461, sub-§5, as amended by PL 2007, c. 21, §2, is further amended to read:
 
5. Fishing restrictions.   A person may not use live fish as bait or possess live fish to be used as bait on a lake or pond listed as a state heritage fish water under this section. A person who violates this subsection commits a Class E crime. Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. 3.  12 MRSA §12461, sub-§§7 and 8  are enacted to read:
 
7.  Additional protections for waters that contain brook trout.     In accordance with this subsection, the commissioner shall protect eastern brook trout in lakes and ponds that the commissioner by rule identifies as containing eastern brook trout and not containing any nonnative species, including waters not designated as state heritage fish waters pursuant to this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
A.  The commissioner shall annually produce an inventory of all lakes and ponds identified pursuant to this subsection. The inventory must include identification of any nonnative species that has been introduced into the lake or pond.
 
B.  The commissioner shall take all actions within the commissioner's authority under this Part to ensure that nonnative species are not introduced into any lake or pond identified pursuant to this subsection and that any nonnative species that is introduced is removed.
 
C.  A person may not use live fish as bait or possess live fish to be used as bait on a lake or pond identified pursuant to this subsection. A person who violates this paragraph commits a Class E crime. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
 
8.  Required action.     The commissioner shall deploy necessary staff and other resources to ensure that state heritage fish waters designated pursuant to this section that contain eastern brook trout and were stocked prior to January 1, 1988 are protected in accordance with this section to the same extent as state heritage fish waters composed of lakes and ponds that contain eastern brook trout and have never been stocked.
Sec. 4.  12 MRSA §12462  is enacted to read:
§ 12462. Illegally introduced fish; rules
Notwithstanding any other provision of this Part, there are no closed seasons and no number, amount, weight or size limits for the taking or possession of any species of fish identified by the commissioner by rule as having been illegally introduced into any inland waters after the effective date of this section. The commissioner may not actively promote fishing for fish identified pursuant to this section, but the commissioner shall encourage persons who catch fish identified pursuant to this section to kill those fish. The commissioner shall adopt rules implementing this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill does the following.
1. It requires the Commissioner of Inland Fisheries and Wildlife to include in the listing of state heritage fish waters those waters that contain eastern brook trout and that have not been stocked since January 1, 1988. It also requires the commissioner to ensure these waters are protected to the same extent as state heritage fish waters composed of lakes and ponds that contain eastern brook trout that have never been stocked.
2. It establishes additional protections for lakes and ponds containing eastern brook trout that do not contain any nonnative species, including waters not designated as state heritage fish waters. The commissioner is required to annually inventory these waters and identify any nonnative species introduced into the waters. The commissioner is also required to take any actions within the commissioner's authority to ensure that nonnative species are not introduced into these waters and that any nonnative species that is introduced is removed. It prohibits a person from using live fish as bait or possessing live fish to be used as bait in any of these waters.
3. It eliminates all closed seasons and number, amount, weight and size limits for the taking or possession of any species of fish identified as having been illegally introduced. The commissioner may not actively promote fishing for these fish, but the commissioner is required to encourage persons who do catch these fish to kill them.