Maine Revised Statutes Title 12 Sec. 12506 – Eel, sucker, lamprey and yellow perch harvesting method permit; elver prohibition; limitations on river herring harvesting
Current as of: 2023 | Check for updates
|
Other versions
1. Permit required. Except as otherwise authorized pursuant to this Part and except as provided in subsection 5?A, a person may not fish for or possess the following fish using the harvesting methods listed in subsection 2 without a valid permit issued under this section:
A. [PL 2007, c. 463, §6 (RP); PL 2007, c. 463, §9 (AFF).]
B. Eels; [PL 2003, c. 655, Pt. B, §253 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
C. Suckers; [PL 2003, c. 655, Pt. B, §253 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
D. Lampreys; or [PL 2003, c. 655, Pt. B, §253 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
E. Yellow perch. [PL 2003, c. 655, Pt. B, §253 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.
[PL 2007, c. 463, §6 (AMD); PL 2007, c. 463, §9 (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. 12506
- Archery equipment: means a bow or crossbow. See Maine Revised Statutes Title 12 Sec. 10001
- 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
- Dip net: means :
A. See Maine Revised Statutes Title 12 Sec. 10001Eel: means a member of the species Anguilla rostrata in that stage of its life cycle when it is 9 inches or more in length. See Maine Revised Statutes Title 12 Sec. 10001 Eel pot: means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. 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 Hook: means a single fishhook constructed with one, 2 or 3 points. 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 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 River herring: means the species Alosa pseudoharengus, commonly called alewife, and Alosa aestivalis, commonly called blueback herring. See Maine Revised Statutes Title 12 Sec. 10001 Snagging: means to fish by manipulating a hook or hooks in such a manner as to pierce or snag the fish in a part of the body other than the mouth. See Maine Revised Statutes Title 12 Sec. 10001 Sucker: means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker). See Maine Revised Statutes Title 12 Sec. 10001 Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001 valid permit: means a license or permit lawfully obtained in the licensee's or permittee's name and signed by that person. See Maine Revised Statutes Title 12 Sec. 10001 Weir: means a device placed in the inland waters of a river, stream or brook that is designed to entrap fish and that exceeds more than 1/3 of the wetted width of the channel. See Maine Revised Statutes Title 12 Sec. 10001 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Issuance. The commissioner may adopt rules providing for the issuance of permits to fish for or possess the following fish using the following harvesting methods in the inland waters of the State, provided the permits do not interfere with any rights granted under section 6131:
A. Eels using eel pots or weirs; [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §253 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. Suckers and yellow perch using trap nets, dip nets or spears; [PL 2013, c. 148, §1 (AMD).]
C. Lampreys by hand or using hand-held dip nets; and [PL 2013, c. 148, §1 (AMD).]
D. [PL 2007, c. 463, §6 (RP); PL 2007, c. 463, §9 (AFF).]
E. Yellow perch using seines. [PL 2013, c. 148, §2 (NEW).]
The commissioner may place conditions on the use of gear allowed under this subsection and may prohibit or restrict the use of any gear used to concentrate species for harvest under this subsection.
Each day a person violates a condition or restriction placed on the use of gear allowed under this subsection, that person commits a Class E crime.
[PL 2013, c. 148, §§1, 2 (AMD).]
3. Fees; transfer of permit. The minimum fee for an individual permit for suckers, lampreys and yellow perch is $44. The holder of an individual permit for suckers, lampreys or yellow perch may purchase a crew permit for suckers, lampreys and yellow perch for $102, authorizing up to 3 persons to engage in the permitted activity. The annual fee for an eel pot or weir permit is $102. An eel pot or eel weir permit is not transferable.
[PL 2015, c. 298, §8 (AMD).]
4. Five-year limited entry; eel weirs. A person is ineligible to receive an eel weir permit unless that person possessed a valid eel weir permit for calendar year 1995. The department shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2?A regarding the issuance of eel weir permits. The number of weirs and the number of square miles of watersheds in this State fished by eel weirs may be no more than those permitted in calendar year 1995.
[PL 2007, c. 463, §6 (AMD); PL 2007, c. 463, §9 (AFF).]
5. Exception to permit requirement.
[PL 2005, c. 683, Pt. A, §17 (RP).]
5-A. Limitations on river herring harvesting. Except as provided in this subsection a person may not harvest river herring.
A. A person may fish for river herring by use of a dip net or single hook and line for consumption by that person or members of that person’s family, as long as the person takes or possesses no more than 25 fish in any day and as long as the river herring are taken downstream from any location where a municipality or other person has been granted exclusive rights under section 6131; and [PL 2017, c. 150, §4 (AMD).]
B. A person may fish for or possess river herring from inland waters if that person has been granted fishing rights under section 6131. [PL 2017, c. 150, §4 (AMD).]
C. [PL 2007, c. 463, §6 (RP); PL 2007, c. 463, §9 (AFF).]
A person that violates this subsection commits a Class E crime.
[PL 2017, c. 150, §4 (AMD).]
5-B. Harvesting suckers for bait without a permit. Notwithstanding subsection 1, a person may take suckers for use as bait for fishing in inland waters as provided in section 12551?A without a permit under subsection 2.
[PL 2007, c. 463, §6 (NEW); PL 2007, c. 463, §9 (AFF).]
6. Eels and elvers prohibitions. The following prohibitions apply to the harvesting of eels and elvers in inland waters.
A. A person may not fish for or take elvers from inland waters. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §253 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A person other than the owner of a weir used to fish for or take eels in inland waters may not tend that weir while the weir is immersed unless that person has in the person’s possession written permission from the owner to tend the weir or is in the presence of the owner and has the owner’s permission to tend the weir. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §253 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
A person who violates this subsection commits a Class E crime.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §253 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
7. Other harvesting methods for suckers. Notwithstanding subsection 1, a person licensed or otherwise entitled to fish in Maine waters may take suckers for that person’s use in all rivers, brooks and streams that are open to fishing between April 1st and June 30th of each calendar year by the use of a hand spear, by archery equipment or by snagging.
A. A person may not use archery equipment to harvest suckers unless the arrow or bolt used has a barbed or pronged point and the arrow or bolt is attached to the archery equipment with a line. [PL 2023, c. 239, §34 (AMD).]
B. The following penalties apply to violations of paragraph A.
(1) A person who violates paragraph A 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 A 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. [PL 2003, c. 655, Pt. B, §253 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2023, c. 239, §34 (AMD).]
8. Reports required. A person issued a permit under this section shall submit a completed report on forms provided by the department with the following information: water name and location, including the town and county of waters fished; date fished; total catch; gear type and quantity; number of crew; amount of time the gear is set; total gear in the water; water depth; total time the boat is on the water; species and pounds harvested; license number of the dealer the catch was sold to or the disposition of the catch; town where the catch was brought to shore; boat registration number; vessel name; and the harvester’s name, telephone number and permit number. A holder of an eel permit must submit the report by the date specified on the permit. A holder of a sucker, lamprey or yellow perch permit must submit the report by December 31st of each year. All data submitted as part of the report are for scientific purposes only and are confidential and not part of a public record within the meaning of Title 1, chapter 13, subchapter 1, except that the commissioner may disclose data collected under this subsection if released in a form that is statistical or general in nature.
If a person issued a permit under this section fails to provide information required under this section, the commissioner may refuse to renew or may revoke that person’s permit. If a person becomes ineligible for a permit as a result of a violation of this section, that person may request a hearing in accordance with section 10905.
[PL 2015, c. 494, Pt. A, §9 (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, §B253 (RPR). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 12, §III26 (AMD). PL 2005, c. 397, §E8 (AMD). PL 2005, c. 683, §§A16-18 (AMD). PL 2007, c. 463, §6 (AMD). PL 2007, c. 463, §9 (AFF). PL 2011, c. 253, §29 (AMD). PL 2013, c. 148, §§1, 2 (AMD). PL 2015, c. 298, §8 (AMD). PL 2015, c. 494, Pt. A, §9 (AMD). PL 2017, c. 150, §4 (AMD). PL 2023, c. 239, §34 (AMD).