2013 Maine Revised Statutes
TITLE 12: CONSERVATION
Chapter 923: FISH: FISHING SEASONS AND RESTRICTIONS
12 §12503. Permitted fishing without license

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 2: LICENSE AND PERMIT REQUIREMENTS AND AUTHORIZATIONS HEADING: PL 2003, C. 414, PT. A, §2 (NEW); PT. D, §7 (AFF); C. 614, §9 (AFF)

12503. Permitted fishing without license

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. (TEXT EFFECTIVE UNTIL 1/1/15) Resident under 16 and nonresident under 12. A resident under 16 years of age and a nonresident under 12 years of age may fish without a license.

[ 2003, c. 414, Pt. A, 2 (NEW); 2003, c. 614, 9 (AFF) .]

1. (TEXT EFFECTIVE 1/1/15) Resident and nonresident under 16. A resident and nonresident under 16 years of age may fish without a license.

[ 2013, c. 380, 4 (AMD); 2013, c. 380, 5 (AFF) .]

2. Land used for agricultural purposes; domicile. 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; [2003, c. 414, Pt. A, 2 (NEW); 2003, c. 614, 9 (AFF).]

B. On which they are actually domiciled; and [2003, c. 414, Pt. A, 2 (NEW); 2003, c. 614, 9 (AFF).]

C. That is used exclusively for agricultural purposes. [2003, c. 414, Pt. A, 2 (NEW); 2003, c. 614, 9 (AFF).]

[ 2003, c. 614, 9 (AFF); 2003, c. 655, Pt. B, 249 (AMD); 2003, c. 655, Pt. B, 422 (AFF) .]

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. [2003, c. 662, 2 (NEW).]

B. The Saturday and the Sunday immediately preceding Presidents' Day are free fishing days. [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.

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. [2003, c. 655, Pt. B, 249 (NEW); 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. [2003, c. 655, Pt. B, 249 (NEW); 2003, c. 655, Pt. B, 422 (AFF).]

[ 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.

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. [2003, c. 655, Pt. B, 249 (NEW); 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. [2003, c. 655, Pt. B, 249 (NEW); 2003, c. 655, Pt. B, 422 (AFF).]

[ 2003, c. 614, 9 (AFF); 2003, c. 655, Pt. B, 249 (AMD); 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 handicapped person who is a participant in a fishing event sanctioned by the department.

[ 2003, c. 614, 9 (AFF); 2003, c. 655, Pt. B, 249 (AMD); 2003, c. 655, Pt. B, 422 (AFF) .]

SECTION HISTORY

RR 2003, c. 2, 21 (COR). 2003, c. 414, A2 (NEW). 2003, c. 414, D7 (AFF). 2003, c. 614, 9 (AFF). 2003, c. 655, B249 (AMD). 2003, c. 655, B422 (AFF). 2003, c. 662, 2 (AMD). 2011, c. 533, 5 (AMD). 2013, c. 380, 4 (AMD). 2013, c. 380, 5 (AFF).