Maine Revised Statutes Title 12 Sec. 12456 – Open seasons; exceptions
Current as of: 2023 | Check for updates
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1. Open seasons.
[PL 2009, c. 214, §4 (RP).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 12 Sec. 12456
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Dip net: means :
A. See Maine Revised Statutes Title 12 Sec. 10001Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
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. [PL 2015, c. 301, §33 (AMD).]
[PL 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 [PL 2013, c. 588, Pt. A, §17 (RPR).]
B. [PL 2009, c. 214, §6 (RP).]
C. [PL 2009, c. 214, §6 (RP).]
D. [PL 2009, c. 214, §6 (RP).]
E. In accordance with section 10104, the commissioner may change the established opening date of an open-water recreational fishing season and may change the established closing date of a recreational ice-fishing season if, in the commissioner’s opinion, the change is warranted due to weather conditions. [PL 2019, c. 9, §1 (AMD).]
[PL 2019, c. 9, §1 (AMD).]
3. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A and may be adopted by emergency rulemaking pursuant to Title 5, section 8054.
[PL 2019, c. 9, §2 (AMD).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B244 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 237, §2 (AMD). PL 2007, c. 695, Pt. C, §3 (AMD). PL 2009, c. 214, §§4-6 (AMD). PL 2013, c. 3, §§1, 2 (AMD). PL 2013, c. 73, §1 (AMD). PL 2013, c. 588, Pt. A, §17 (AMD). PL 2015, c. 301, §33 (AMD). PL 2019, c. 9, §§1, 2 (AMD).