2013 Maine Revised Statutes
TITLE 12: CONSERVATION
Chapter 923: FISH: FISHING SEASONS AND RESTRICTIONS
12 §12456. Open seasons; exceptions

Part 13: INLAND FISHERIES AND WILDLIFE HEADING: PL 2003, C. 414, PT. A, §2 (NEW); PT. D, §7 (AFF); C. 614, §9 (AFF)
Subpart 4: FISH AND WILDLIFE HEADING: PL 2003, C. 414, PT. A, §2 (NEW); PT. D, §7 (AFF); C. 614, §9 (AFF)
Subchapter 1: SEASONS, RULEMAKING AND SPECIAL REGULATIONS HEADING: PL 2003, C. 414, PT. A, §2 (NEW); PT. D, §7 (AFF); C. 614, §9 (AFF)

12456. Open seasons; exceptions

(CONFLICT)

1. Open seasons.

[ 2009, c. 214, 4 (RP) .]

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 15th to September 30th, inclusive. [2009, c. 214, 5 (NEW).]

[ 2009, c. 214, 5 (NEW) .]

2. Exceptions. Notwithstanding the open seasons established under subsection 1-A:

A. (CONFLICT: Text as amended by PL 2013, c. 3, 1) 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.

(1) A person may not keep more than 5 dozen smelts alive as part of that person's daily bag limit pursuant to this paragraph.

(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 (1) or (2) that person commits a Class E crime; and [2013, c. 3, 1 (AMD).]

A. (CONFLICT: Text as amended by PL 2013, c. 73, 1) 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. [2013, c. 73, 1 (AMD).]

E. In accordance with section 10104, the commissioner may change the established opening date of an open season if, in the commissioner's opinion, the change is necessary due to earlier-than-normal seasonal temperature changes or weather conditions. [2013, c. 3, 2 (NEW).]

[ 2013, c. 3, 1, 2 (AMD); 2013, c. 73, 1 (AMD) .]

3. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

[ 2003, c. 655, Pt. B, 244 (NEW); 2003, c. 655, Pt. B, 422 (AFF) .]

SECTION HISTORY

2003, c. 414, A2 (NEW). 2003, c. 414, D7 (AFF). 2003, c. 614, 9 (AFF). 2003, c. 655, B244 (AMD). 2003, c. 655, B422 (AFF). 2005, c. 237, 2 (AMD). 2007, c. 695, Pt. C, 3 (AMD). 2009, c. 214, 4-6 (AMD). 2013, c. 3, 1, 2 (AMD). 2013, c. 73, 1 (AMD).