Maine Revised Statutes Title 12 Sec. 12656 – Possession and use of unlawful implements and devices
Current as of: 2023 | Check for updates
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1. Prohibition. A person may not:
A. Possess any grapnel, trawl, weir, seine, gill net, trap, set line or drop net on or adjacent to any of the inland waters of the State, except in accordance with sections 12157 and 12506, section 12551?A, subsection 7, paragraph A, subparagraph (2) and section 12763, subsections 3 and 4; or [PL 2009, c. 214, §9 (AMD).]
B. Except as otherwise provided, use any grapnel, spear, spear gun, trawl, weir, gaff, seine, gill net, trap or set lines for fishing.
(1) A person may take suckers, eels, river herring and yellow perch in accordance with section 12506.
(2) A person may take baitfish with a baitfish trap, as defined in section 10001, subsection 7. [PL 2017, c. 150, §7 (AMD).]
[PL 2017, c. 150, §7 (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. 12656
- Baitfish: means only those species in the following list:
A. See Maine Revised Statutes Title 12 Sec. 10001Baitfish trap: means a device used to take baitfish fitted with rigid entrance or exit holes and having a volume no greater than 50 cubic feet. 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 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 Seine: means an ordinary commercial-type minnow seine, not exceeding 1,200 square feet, used vertically to enclose baitfish when its ends are brought together or drawn ashore. See Maine Revised Statutes Title 12 Sec. 10001 Set line: means a line extending into the water and rigged to catch fish that has one end secured to the shore or to a fixed or buoyant object and that is not personally attended. See Maine Revised Statutes Title 12 Sec. 10001 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 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
2. Penalty. A person who violates this section commits a Class E crime. The court shall also impose a fine of $20 for each fish unlawfully possessed, none of which may be suspended.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2009, c. 214, §9 (AMD). PL 2017, c. 150, §7 (AMD).