Maine Revised Statutes Title 12 Sec. 12510 – Permit to stock inland waters
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1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not introduce fish of any kind into any inland waters without a valid permit issued under this section. A person who violates this subsection commits a Class E crime, except that, notwithstanding Title 17?A, section 1704, the fine may not be less than $1,000 or more than $10,000.
[PL 2019, c. 113, Pt. C, §21 (AMD).]
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. 12510
- 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
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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
2. Issuance. The commissioner may issue a written permit allowing a person to introduce fish of any kind into any inland waters by means of live fish or otherwise.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3. Limited permit. The commissioner may issue a written limited permit to a local government under this subsection. A limited permit:
A. Allows the local government to introduce fish only into a great pond that:
(1) Is within the jurisdiction of the local government; and
(2) Was previously stocked by the department and in which stocking was suspended prior to January 1, 2019 and has not been resumed by the department due to inadequate public access; [PL 2019, c. 263, §1 (NEW).]
B. Allows the introduction of only:
(1) The same species of fish that was stocked at the time the department suspended stocking; and
(2) Fish obtained by the local government at its own expense from an in-state commercial facility that meets testing and health guidelines approved by the department; and [PL 2019, c. 263, §1 (NEW).]
C. May be issued only if the local government identifies public access to the great pond that:
(1) Is at least suitable for the hand carrying of boats to the water;
(2) Includes a parking area; and
(3) Has been marked with signage adequate to ensure public awareness of the public access. [PL 2019, c. 263, §1 (NEW).]
For purposes of this subsection, “local government” means a municipality or, in the unorganized territory, a county.
[PL 2019, c. 263, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2019, c. 113, Pt. C, §21 (AMD). PL 2019, c. 263, §1 (AMD).