§12456. Open seasons; exceptions
1. Open seasons.
[ 2009, c. 214, §4 (RP) .]
1-A. Open seasons. The commissioner shall establish open seasons for fishing, except as provided in this section and section 6140-A, subsection 4.
A. The open-water fishing season on boundary waters between Maine and New Brunswick is from April 1st to September 30th, inclusive. [2015, c. 301, §33 (AMD).]
[ 2015, c. 301, §33 (AMD) .]
2. Exceptions. Notwithstanding the open seasons established under subsection 1-A:
A. A person who holds a valid Maine fishing license may take smelts for recreational purposes only from the inland waters or portions of inland waters that are naturally free of ice with a dip net in the usual and ordinary way from noon to 2:00 a.m. in accordance with bag limits established by rule. Bag limits established by rule under this paragraph are for a 24-hour period, beginning at noon on a given day and ending at 11:59 a.m. the following day. The commissioner may prohibit the taking of smelts under this section or shorten the noon to 2:00 a.m. smelt fishing timeframe by rule for enforcement or conservation purposes.
(2) A person may not take smelts with a dip net unless that dip net meets the requirements under section 10001, subsection 12-A.
Each day a person violates subparagraph (2) that person commits a Class E crime; and [2013, c. 588, Pt. A, §17 (RPR).]
B. [2009, c. 214, §6 (RP).]
C. [2009, c. 214, §6 (RP).]
D. [2009, c. 214, §6 (RP).]
E. In accordance with section 10104, the commissioner may change the established opening date of an open season if, in the commissioner's opinion, the change is necessary due to earlier-than-normal seasonal temperature changes or weather conditions. [2013, c. 3, §2 (NEW).]
[ 2013, c. 588, Pt. A, §17 (AMD) .]
3. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[ 2003, c. 655, Pt. B, §244 (NEW); 2003, c. 655, Pt. B, §422 (AFF) .]
2003, c. 414, §A2 (NEW). 2003, c. 414, §D7 (AFF). 2003, c. 614, §9 (AFF). 2003, c. 655, §B244 (AMD). 2003, c. 655, §B422 (AFF). 2005, c. 237, §2 (AMD). 2007, c. 695, Pt. C, §3 (AMD). 2009, c. 214, §§4-6 (AMD). 2013, c. 3, §§1, 2 (AMD). 2013, c. 73, §1 (AMD). 2013, c. 588, Pt. A, §17 (AMD). 2015, c. 301, §33 (AMD).