CHAPTER 146
H.P. 140 - L.D. 151
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §7701-A, sub-§2-A is enacted to read:
2-A. Monitoring program. The commissioner shall, in cooperation with the Department of Marine Resources and the Atlantic Salmon Commission, establish a program to ensure fishways are functioning properly and remain sufficient or suitable for the passage of anadromous or migratory fish. The commissioner has sole authority to take corrective action at fishways as prescribed under this section.
Sec. 2. 12 MRSA §7701-A, sub-§7, as enacted by PL 1983, c. 374, §2, is amended to read:
7. Privileged entry. The commissioner, his the commissioner's agents or subcontractors shall be privileged to may enter upon any private land in order to periodically examine, at least annually, fishways in dams or other artificial obstructions and the examination of dams provided in subsection 2. The commissioner shall notify the landowner, lessee or other person in control of the dam when the examination will take place and the time required to complete the examination. The commissioner shall make every effort to preserve private land and shall restore surrounding lands to the grade and condition existing prior to entry, if economically feasible.
Sec. 3. 12 MRSA §7701-C, as enacted by PL 1989, c. 275, §2, is amended to read:
It shall be is considered a violation of this subchapter if a fish kill results from the improper operation of a fishway required pursuant to this subchapter. The department may assess a fine equivalent to the value of the fish killed but not more than $10,000 for each day of that violation. The department shall adopt rules to establish a schedule of fines for each violation involving the improper operation of a fishway. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
Effective September 21, 2001, unless otherwise indicated.
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