Sec. 1. 12 MRSA §6121, sub-§7, as repealed and replaced by PL 1983, c. 388, §1, is amended to read:

7. Privileged entry. The commissioner, his the commissioner's agents or subcontractors shall be privileged to 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. 2. 12 MRSA §6124, as amended by PL 1999, c. 771, Pt. B, §2 and affected by Pt. D, §§1 and 2, is further amended to read:

§6124. Violations; penalty

A person who improperly operates a fishway required pursuant to this subchapter commits a civil violation for which a forfeiture equivalent to the value of the fish killed but not more than $10,000 for each day of that violation may be adjudged. 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.

SUMMARY

This bill requires that the Department of Marine Resources check tidal fishways at least annually. It also requires the department to adopt rules to establish a schedule of fines for violations involving the improper operation of a fishway.