CHAPTER 180
S.P. 395 - L.D. 1131
An Act To Recognize and Protect the Native Eastern Brook Trout as Maine's Heritage Fish
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 1 MRSA §212-A is enacted to read:
The eastern brook trout, Salvelinus fontinalis, is a state heritage fish.
Sec. 2. 12 MRSA §12461 is enacted to read:
§12461. Native brook trout waters
1. Adoption of initial list of native brook trout waters. The commissioner shall adopt by rule a list of native brook trout waters composed of lakes and ponds that contain eastern brook trout and have never been stocked according to any reliable records. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
2. Addition of waters to list. The commissioner may adopt rules to amend the list established in subsection 1 to add a lake or pond if that lake or pond meets criteria established by the commissioner for classifying a lake or pond as native brook trout waters. Rules adopted to add a lake or pond to the list established under subsection 1 are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
3. Removal of waters from list. The commissioner may by rule remove a lake or pond from the list established in subsection 1. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
4. Stocking native brook trout waters. The commissioner may not stock or issue a permit to stock fish in a lake or pond listed as native brook trout water under this section.
5. Fishing restrictions. A person may not use live fish bait or possess live fish bait on a lake or pond listed as native brook trout water under this section. A person who violates this subsection commits a Class E crime.
Effective September 17, 2005.
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