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Amend the bill by inserting after the enacting clause and before section 1 the following:
‘Sec. 1. 12 MRSA §6121, as amended by PL 2011, c. 598, §10, is further amended to read:
§ 6121.Fishways in existing dams or artificial obstructions
 
1. Commissioner's authority.   In order to conserve, develop or restore anadromous fish resources, the commissioner and the Commissioner of Inland Fisheries and Wildlife may require a fishway to be erected, maintained, repaired or altered by the owners, lessors or other persons in control of any dam or other artificial obstruction within coastal waters frequented by river herring, shad, salmon, sturgeon or other anadromous fish species.
 
2. Examination of dams.   The commissioner and the Commissioner of Inland Fisheries and Wildlife shall annually examine all dams and other artificial obstructions to fish passage within the coastal waters in order to determine whether fishways are necessary, sufficient or suitable for the passage of anadromous fish.
 
3. Initiation of fishway proceedings.   The commissioner and the Commissioner of Inland Fisheries and Wildlife shall initiate proceedings to consider construction, repair or alteration of fishways in existing dams or other artificial obstructions whenever he determinesthe commissioners determine that either of the following conditions may exist:
 
A. Fish passage at the dam or obstruction in issue, whether alone or in conjunction with fish passage at other upriver barriers, will improve access to sufficient and suitable habitat anywhere in the watershed to support a substantial commercial or recreational fishery for one or more species of anadromous fish; or
 
B. Fish passage at the dam or obstruction in issue is necessary to protect or enhance rare, threatened or endangered fish species.
 
4. Adjudicatory proceedings.  
 
A. A fishway proceeding shall beis an adjudicatory proceeding under the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV4, but a hearing may not be required unless requested in accordance with paragraph B. Notice of the proceeding shallmust be given in accordance with Title 5, section 9052, and the following requirements:
 
(1) Personal notice shallmust be given to the dam owner, lessee or other person in control of the dam or artificial obstruction, informing that person that a proceeding has been undertaken and of histhat person's right to request a hearing; and
 
(2) Notice to the public, in newspapers of general circulation in the areas affected, notifying the public of the initiation of the proceedings and of the public's opportunity to request a hearing.
 
B. If any interested person requests a public hearing, the commissioner and the Commissioner of Inland Fisheries and Wildlife shall, within 30 days, either notify the petitioners in writing of histhe commissioners' denial stating the reasons, or schedule a public hearing. The commissionercommissioners shall hold a public hearing whenever:
 
(1) He isThe commissioners are petitioned by 50 or more Maine residents; or
 
(2) The owner, lessee or other person in control of the dam or artificial obstruction requests a public hearing.
 
C. The commissioner and the Commissioner of Inland Fisheries and Wildlife shall accept testimony from the dam owner, lessee or other person in control of the dam or artificial obstruction on alternate fishway designs to those proposed by the commissionercommissioners for that dam or artificial obstruction.
 
5. Decision.   In the event the commissioner decidesand the Commissioner of Inland Fisheries and Wildlife decide that a fishway should be constructed, repaired, altered or maintained, histheir final orders shallmust be issued with specific plans and descriptions of the fishway construction, alteration, repair or maintenance requirements, the conditions of the use of the fishway and the time and manner required for fishway operation. The commissionercommissioners may issue a decision requiring the owners, lessees or other persons in control of the dam or obstruction to construct, repair, alter or maintain a fishway. Such a decision shallmust be supported by a finding based on evidence submitted to the commissionercommissioners that either of the following conditions exist:
 
A. One or more species of anadromous or migratory fish can be restored in substantial numbers to the watershed by construction, alteration, repair or maintenance of a fishway, and habitat anywhere in the watershed above the dam or obstruction is sufficient and suitable to support a substantial commercial or recreational fishery for one or more species of anadromous or migratory fish; or
 
B. The construction, alteration, repair or maintenance of a fishway is necessary to protect or enhance rare, threatened or endangered fish species.
 
In the event that the commissioner decidescommissioners decide that no fishway should be constructed, hethe commissioners shall specify in that decision a period immediately subsequent to that decision during which no fishway may be required to be constructed. That period may not exceed 5 years.
 
6. Compliance.  
 
A. The owner, lessee or other person in control of the dam or other artificial obstruction shall beis jointly and severally liable for the costs of fishway design, construction, repair, alteration or maintenance and for full compliance with a decision issued pursuant to subsection 5. If the owner, lessee or other person in control of the dam or other artificial obstruction refuses to comply or does not fully comply with the commissioner'scommissioners' decision, the commissionercommissioners shall initiate a civil action to enjoin the owner, lessee or person in control of the dam to comply fully with the commissioner'scommissioners' order or to restrain the violation of an order. In the proceeding, the court shall not review the legality of the commissioner'scommissioners' order, except when the owner, lessee or person in control of the dam or artificial obstruction has brought a timely petition for judicial review pursuant to Title 5, chapter 375, subchapter VII7.
 
B. The court may render judgment against and order the sale of the dam or other artificial obstruction, the land on which it stands and a right-of-way to the dam or artificial obstruction in order to secure the costs of fishway construction, repair, alteration or maintenance and costs of the court-ordered sale and the costs incurred by the department for fishway design. The purchaser of the dam or other obstruction shall beis subject to the commissioner'scommissioners' decision.
 
7. Privileged entry.   The commissioner and the Commissioner of Inland Fisheries and Wildlife, the commissioner'scommissioners' agents or subcontractors are privileged to enter upon any private land in order to examine, at least annually, fishways in dams or other artificial obstructions and the examination of dams provided in subsection 2. The commissionercommissioners shall notify the landowner, lessee or other person in control of the dam when the examination will take place and the time required to complete the examination. The commissioner and the Commissioner of Inland Fisheries and Wildlife shall make every effort to preserve private land and shall restore surrounding lands to the grade and condition existing prior to entry, if economically feasible.
Sec. 2. 12 MRSA §10902, sub-§8, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §§101 to 103 and affected by §422, is further amended to read:
 
8. Mandatory revocation of fishing license.   The commissioner shall suspend a person's fishing license for at least one year and may suspend any other license issued under this Part and held by that person if that person is convicted or adjudicated of:
 
A. Introducing fish into inland watersa private pond without a permit in violation of section 12509, subsection 2; and sections 12510, 12511 and 12512;
 
B. Taking or possessing sport fish in violation of bag, weight and size limits in violation of section 12602, as it relates to trout, salmon, togue and black bass, whenever the violation involves twice the general bag and possession limit adopted by rule by the commissioner for that species of fish;
 
B-1.  Possessing fish in violation of section 12611;
 
C. Importing live bait fish or smelts, in violation of section 12556;
 
D. Buying or selling freshwater sport fish, in violation of section 12609-A; or
 
E. Taking fish by explosive, poisonous or stupefying substances, in violation of section 12653.
 
The commissioner shall suspend a person's fishing license for 5 years and may suspend any other license issued under this Part and held by that person if the person is convicted or adjudicated of illegally importing, transporting or possessing live freshwater fish or fish gametes under sections 12509, 12510, 12512 and 12611, except that this mandatory revocation does not apply to offenses involving live bait fish or smelts.’
Amend the bill by inserting after section 1 the following:
‘Sec. 2.  12 MRSA §12462  is enacted to read:
§ 12462. Waters containing state heritage fish that have not been stocked since 1988
 
1.  Live bait rules.     The commissioner shall adopt rules governing the use of live fish as bait on lakes and ponds that contain state heritage fish as defined under Title 1, section 212-A and that according to reliable records have not been stocked since January 1, 1988. Rules adopted pursuant to this section are major substantive rules as defined under Title 5, chapter 375, subchapter 2-A.
 
2.  Live bait allowed.    The use of live fish as bait is allowed on Millimagassett Lake, in T.7, R.8 W.E.L.S.; Millinocket Lake and Little Millinocket Lake, in T.7, R.9 W.E.L.S., T.8, R.9 W.E.L.S. and T.7, R.10 W.E.L.S.; and Webster Lake, in T.6, R.10 W.E.L.S. and T.6, R.11 W.E.L.S.’
Amend the bill in section 2 in §12504 in subsection 2-A in paragraph B in the 2nd line (page 2, line 4 in L.D.) by inserting after the following: "part of the derby" the following: ', if it is to be retained solely for derby purposes,'
Amend the bill by striking out all of sections 5 to 7 and inserting the following:
‘Sec. 5. Report from the Department of Inland Fisheries and Wildlife. The Commissioner of Inland Fisheries and Wildlife shall review the lakes and ponds that contain eastern brook trout, Salvelinus fontinalis, and that according to reliable records have not been stocked since January 1, 1988, referred to in this section as "B List waters," and report the findings to the Joint Standing Committee on Inland Fisheries and Wildlife no later than January 15, 2014. The report must include:
1. A complete list of up-to-date B List waters with justification as to the qualifications for each water listed; and
2. A management plan for the B List waters that is in accordance with the intent of the department’s mandate in the Maine Revised Statutes, Title 12, section 10051 to preserve, protect and enhance the inland fisheries and wildlife resources of the State, to encourage the wise use of these resources, to ensure coordinated planning for the future use and preservation of these resources and to provide for effective management of these resources.
The Joint Standing Committee on Inland Fisheries and Wildlife shall review the commissioner's report and, if necessary, establish guidelines for qualifications for B List waters and the management of B List waters. The committee is authorized to submit legislation related to its findings to the Second Regular Session of the 126th Legislature.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment allows the use of live bait on Millimagassett Lake, Millinocket Lake, Little Millinocket Lake and Webster Lake. This amendment also directs the Commissioner of Inland Fisheries and Wildlife to adopt rules for the use of live bait on waters that contain state heritage fish and have not been stocked since January 1, 1988.
This amendment enhances penalties for noncompliance with the requirements for the importation, transportation and possession of live freshwater fish and freshwater fish gametes, not including bait fish, by creating a 5-year revocation of licenses issued under the Inland Fisheries and Wildlife laws.
This amendment also removes the provisions of the bill that strike reference to the authority of the Commissioner of Marine Resources over fishways under the jurisdiction of the Commissioner of Inland Fisheries and Wildlife and instead creates joint authority for the 2 commissioners for the fishways currently under the exclusive jurisdiction of the Commissioner of Marine Resources.
Finally, this amendment directs the Commissioner of Inland Fisheries and Wildlife to provide a report on eastern brook trout B List waters to the Joint Standing Committee on Inland Fisheries and Wildlife by January 15, 2014 and authorizes the committee to report out a bill related to its review of the commissioner's report.
FISCAL NOTE REQUIRED
(See attached)