LD 1195
pg. 1
LD 1195 Title Page An Act to Create Accountability in the Management of Trout and Salmon in Maine ... LD 1195 Title Page
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LR 1849
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 12 MRSA §7035, sub-§19 is enacted to read:

 
19.__Management of brook trout and landlocked salmon.__
Notwithstanding any other provision of chapters 701 to 721, any
rule that includes a proposal to establish or amend the time,
place or manner in which a person may fish for brook trout or
landlocked salmon on inland waters is a major substantive rule as
defined in Title 5, chapter 375, subchapter II-A.__At the time
such a rule is provisionally adopted, the department must include
in its submission to the Legislature under Title 5, section 8072,
subsection 2 documentation of at least 2 years of prior research
by a qualified fisheries biologist on each body of water for
which a change is proposed.__That research must demonstrate the
need for the proposed change and must include a plan for
continuing that research for 5 additional years if the proposed
rule is finally adopted.

 
SUMMARY

 
This bill makes any rule that affects the management of brook
trout or landlocked salmon a major substantive rule under the
Maine Administrative Procedure Act. The bill also requires the
Department of Inland Fisheries and Wildlife to include in its
submission to the Legislature documentation on at least 2 years
of prior research by qualified fisheries biologists demonstrating
the need for the proposed change.


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