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An Act To Protect Native Landlocked Salmon Fisheries in Schoodic and Seboeis Lakes from Invasive Fish Species
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §12760, sub-§1, as amended by PL 2011, c. 24, §1, is further amended to read:
 
1. Commissioner's authority.   In order to conserve, develop or restore anadromous or migratory fish resources, the commissioner may require a fishway to be erected, maintained, repaired or altered by the owners, lessors or other persons in control of any dam or other artificial obstruction within inland waters frequented by alewives, shad, salmon, sturgeon or other anadromous or migratory fish species.
 
The commissioner may not require or authorize a fishway or fish bypass structure at a dam on the outlet of Sebec Lake in the Town of Sebec or at a dam on the Sebec River in the Town of Milo, at a dam on the outlet of Schoodic Lake in Lake View Plantation or at a dam on Schoodic Stream in the Town of Medford or at a dam on the outlet of Seboeis Lake or at a dam on the west branch of Seboeis Stream in the Town of Howland that would allow the upstream passage of an invasive fish species known to be present downstream in the Piscataquis River or Penobscot River drainage. For the purposes of this section, “invasive fish species” means those invasive fish species identified in the action plan for managing invasive aquatic species developed pursuant to Title 38, section 1872.
Sec. 2. 12 MRSA §12760, sub-§9, as enacted by PL 2011, c. 24, §2, is amended to read:
 
9. Certain lake, river and stream dams; fishways prohibited.   Notwithstanding any other provision of law to the contrary, the owners, lessors or other persons in control of a dam on the outlet of Sebec Lake in the Town of Sebec, of Schoodic Lake in Lake View Plantation or of Seboeis Lake or a dam on the Sebec River in the Town of Milo, on the Schoodic Stream in the Town of Medford or on the west branch of the Seboeis Stream in the Town of Howland may not construct or authorize the construction of a fishway or fish bypass structure that would allow the upstream passage of an invasive fish species known to be present downstream in the Piscataquis River or Penobscot River drainage.
 
A. A person who violates this subsection commits a civil violation for which a fine of not less than $500 or more than $1,000 may be adjudged.
 
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
 
SUMMARY
This bill prohibits the construction of a fishway or fish bypass structure at the dams at the outlets of Schoodic Lake and Seboeis Lake that would allow the upstream passage of an invasive fish species known to be present downstream in the Piscataquis River or Penobscot River drainage.