Maine Revised Statutes Title 12 Sec. 12503 – Permitted fishing without license
Current as of: 2023 | Check for updates
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1. Resident and nonresident under 16. A resident and nonresident under 16 years of age may fish without a license.
[PL 2013, c. 380, §4 (AMD); PL 2013, c. 380, §5 (AFF).]
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. 12503
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Domicile: means the place where a person's true, fixed and permanent home is located. See Maine Revised Statutes Title 12 Sec. 10001
- Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001
- Inland 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
- Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001
- Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
- Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:
2. Land used for agricultural purposes; domicile. Notwithstanding section 12501, subsection 1 and subject to all other applicable laws and rules, any resident and any member of the resident’s immediate family, as long as the angler’s license to fish is not under suspension or revocation, may fish without a license in open inland waters from land:
A. To which they are legally entitled to possession; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. On which they are actually domiciled; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
C. That is used exclusively for agricultural purposes. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
[PL 2023, c. 405, Pt. A, §31 (AMD).]
3. Free fishing days; limitations. The following 2 free fishing periods are established. No more than 2 free fishing periods may be established under this subsection.
A. Except when Memorial Day falls on a Friday, the Saturday and the Sunday immediately following Memorial Day are designated “Family Fishing Days.” If Memorial Day falls on a Friday, the Saturday and the Sunday subsequent to Memorial Day weekend are designated “Family Fishing Days.” The days designated “Family Fishing Days” are free fishing days. [PL 2003, c. 662, §2 (NEW).]
B. The Saturday and the Sunday immediately preceding Presidents’ Day are free fishing days. [PL 2003, c. 662, §2 (NEW).]
Notwithstanding section 12501, it is lawful during a free fishing day established under this subsection for a person to fish without a license in inland waters, except that this subsection does not apply to a person whose license to fish is under suspension or revocation. All other provisions of this Part relating to fishing apply during a free fishing day.
[RR 2003, c. 2, §21 (COR).]
4. Groups of students. The commissioner may permit student or youth groups to fish without licenses for periods of not more than 3 days as long as the fishing activity is conducted as part of an educational program and is under the direct supervision of a teacher or instructor.
A. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §249 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A permit holder:
(1) May not allow fishing to go on for more than 3 days;
(2) May not allow any fishing activity that is not conducted as part of an educational program; and
(3) Shall provide direct supervision. [PL 2003, c. 655, Pt. B, §249 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
C. The following penalties apply to violations of this subsection.
(1) A permit holder who violates paragraph B commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates paragraph B 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.
Each day a person violates paragraph B is a separate offense. [PL 2003, c. 655, Pt. B, §249 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2011, c. 533, §5 (AMD).]
5. Patients at Veterans Administration Hospital. The commissioner may permit inpatients at the Veterans Administration Hospital at Togus to fish without a license in the inland waters within a 25-mile radius of Togus. Patients not under the direct supervision of hospital staff or volunteer supervisors shall have in their possession while fishing a valid pass issued by the Veterans Administration Hospital.
A. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §249 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. An inpatient at the Veterans Administration Hospital at Togus permitted under this subsection:
(1) May not fish beyond a 25-mile radius of Togus; and
(2) Shall have supervision while fishing or have in that inpatient’s possession a valid pass issued by the hospital. [PL 2003, c. 655, Pt. B, §249 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
C. The following penalties apply to violations of this subsection.
(1) A person who violates paragraph B commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates paragraph B 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.
Each day a person violates paragraph B is a separate offense. [PL 2003, c. 655, Pt. B, §249 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §249 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
6. Fishing during event sanctioned by department. A person who does not hold a fishing license may assist a child or a person who is disabled who is a participant in a fishing event sanctioned by the department.
[PL 2021, c. 348, §16 (AMD).]
SECTION HISTORY
RR 2003, c. 2, §21 (COR). PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B249 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2003, c. 662, §2 (AMD). PL 2011, c. 533, §5 (AMD). PL 2013, c. 380, §4 (AMD). PL 2013, c. 380, §5 (AFF). PL 2015, c. 301, §35 (AMD). PL 2021, c. 348, §16 (AMD). RR 2021, c. 2, Pt. A, §23 (COR). PL 2023, c. 405, Pt. A, §31 (AMD).