An Act To Protect the State's Native and Wild Brook Trout and Discourage Illegal Fish Introduction
Sec. 1. 12 MRSA §12461, sub-§1, as amended by PL 2007, c. 21, §2, is further amended to read:
Sec. 2. 12 MRSA §12461, sub-§5, as amended by PL 2007, c. 21, §2, is further amended to read:
Sec. 3. 12 MRSA §12461, sub-§§7 and 8 are enacted to read:
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.