CHAPTER 491
S.P. 592 - L.D. 1635
An Act Concerning Illegal Introduction of Fish into Maine Waters
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the illegal introduction of fish into Maine waters is increasing and the harm to the aquatic environment can be devastating to native fish populations; and
Whereas, enforcement of current regulations pertaining to illegal stocking of fish are problematic as the violations are rarely observed by others, resulting in very low incidence of reports of such illegal activity; and
Whereas, enhancing the penalties and enacting mandatory license suspensions for violations of the current laws related to the possession of live fish species in Maine will improve the ability of enforcement officers to prevent illegal introductions of fish; and
Whereas, it is imperative that this legislation take effect immediately to reduce this devastating harm; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §7077, sub-§1-B, ¶A, as enacted by PL 1993, c. 136, §1, is amended to read:
A. Introducing fish into inland waters without a permit in violation of section 7371, subsection 3 as it applies to section 7202, subsection 1; section 7203, subsection 1; section 7204, subsection 1; and section 7206;
Sec. 2. 12 MRSA §7077, sub-§1-B, ¶B-1 is enacted to read:
B-1. Possessing fish in violation of section 7604-A;
Sec. 3. 12 MRSA §7604-A is enacted to read:
§7604-A. Illegal possession of live fish
Except as otherwise provided in this Part, any fish legally taken from inland waters pursuant to this Part, except baitfish and smelts, must be immediately released alive into the waters from which it was taken or must be killed at once. Any fish killed pursuant to this section becomes part of the daily bag limit.
Sec. 4. 12 MRSA §7901-A, sub-§5, ¶A, as enacted by PL 2001, c. 421, Pt. B, §88 and affected by Pt. C, §1, is amended to read:
A. Failure to have license or permit as described in section 7371, subsection 3, as it applies to section 7202, subsection 1; section 7203, subsection 1; section 7204, subsection 1; and section 7206 is a Class E crime, except that, notwithstanding Title 17-A, section 1301, the fine may not be less than $1,000 nor more than $10,000.
Sec. 5. 12 MRSA §7901-A, sub-§10, ¶B is enacted to read:
B. Possession of fish in violation of section 7604-A is a Class E crime.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 23, 2003.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
