Maine Statute | Act | Code |Title 12. Conservation| US Code - US Statute | Chapter 811. General Provisions (heading. Pl 1995, C. 406, @12 (new))

Title 12 - §9901. Atlantic Salmon Authority

Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9901. Atlantic Salmon Authority

1. Commission established; purposes. The Atlantic Salmon Commission, referred to in this Part as the "commission," is established to protect, preserve, enhance, restore and manage the Atlantic salmon and its habitat; to secure a sustainable recreational fishery in the State; and to conduct and coordinate all projects involving research, planning, management, restoration or propagation of the Atlantic salmon. [1999, c. 401, Pt. BB, §8 (amd).]

2. Members; appointment composition; term. [1999, c. 401, Pt. BB, §9 (rp).]

3. Compensation. [1999, c. 401, Pt. BB, §10 (rp).]

4. Chair. [1999, c. 401, Pt. BB, §10 (rp).]

5. Meetings. [1999, c. 401, Pt. BB, §10 (rp).]

6. Staff. [1999, c. 401, Pt. BB, §10 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9902-A. Members; appointment; composition; term; compensation

Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9902-A. Members; appointment; composition; term; compensation

The commission is governed by the Atlantic Salmon Board, as established in Title 5, section 12004-G, subsection 20-A and referred to in this chapter as the "board." The board consists of 3 members: the Commissioner of Marine Resources, the Commissioner of Inland Fisheries and Wildlife and an at-large public member who must be well informed on the subject of Atlantic salmon and its conservation. The Governor shall appoint the at-large public member, subject to review by the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and to confirmation by the Senate. The public member is appointed for a 3-year term and is entitled to compensation as provided in Title 5, chapter 379. An appointed member may not serve for more than 2 consecutive 3-year terms. The appointed member serves until a successor is appointed. A vacancy must be filled in the same manner as for an original member for the unexpired portion of the term. [1999, c. 401, Pt. BB, §12 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9902-B. Offices; meetings
Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9902-B. Offices; meetings

The commission shall have its principal office in the Augusta area but meetings may be held at any time or place within the State. The commission shall select one member as chair. The chair or a majority of the commission may call meetings. A majority of the commission constitutes a quorum to transact business. The commission shall meet at least quarterly to receive reports from the executive director, to consider and act upon recommendations from the executive director and to conduct other business. [1999, c. 401, Pt. BB, §12 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9902-C. Executive director; appointment; term; duties
Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9902-C. Executive director; appointment; term; duties

1. Appointment. The board shall appoint an executive director who must be selected on the basis of administrative ability and general knowledge of fisheries management. The executive director shall serve at the pleasure of the board and may not hold any other office. The executive director shall devote full time to the duties of this position. [1999, c. 401, Pt. BB, §12 (new).]

2. Powers and duties. The executive director shall manage the administrative and financial matters of the commission in accordance with policies established by the board. The executive director shall execute the directives of the commission and has the following powers and duties:

A. To employ personnel and staff in accordance with state procedures; [1999, c. 401, Pt. BB, §12 (new).]

B. To develop and implement programs authorized by the board; [1999, c. 401, Pt. BB, §12 (new).]

C. To accept grants, donations of monetary value or land necessary to achieve the goals of the commission; [1999, c. 401, Pt. BB, §12 (new).]

D. With the advice and consent of the board, to adopt, repeal and amend rules, including emergency rules, necessary for proper administration, implementation, enforcement and interpretation of the commission's authority; [1999, c. 401, Pt. BB, §12 (new).]

E. To act as a legislative liaison for the commission; [1999, c. 401, Pt. BB, §12 (new).]

F. To enter into cooperative agreements with the Department of Marine Resources and the Department of Inland Fisheries and Wildlife in resource policy matters and in field biology activities; [1999, c. 401, Pt. BB, §12 (new).]

G. To enter into contractual agreements with other state agencies and private business to achieve the goals of the commission; [1999, c. 401, Pt. BB, §12 (new).]

H. To work with other state, federal, international and private entities to ensure completion of the commission's goals; and [1999, c. 401, Pt. BB, §12 (new).]

I. To oversee fish culture operations for Atlantic salmon that are not raised by means of aquaculture. [1999, c. 401, Pt. BB, §12 (new).]

[1999, c. 401, Pt. BB, §12 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9902-D. Atlantic salmon advisory panels; appointment; composition
Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9902-D. Atlantic salmon advisory panels; appointment; composition

The executive director, with the approval of the board, shall designate panels of advisors to meet periodically to assist in the development of plans and programs for the protection, preservation, enhancement, restoration and management of Atlantic salmon for each of the river basin complexes that represents the historic range of Atlantic salmon in the State. [1999, c. 401, Pt. BB, §12 (new).] div>
The executive director must choose advisors from nongovernmental organizations with a demonstrated interest in the Atlantic salmon resource located in each of the river basin complexes described in this section: in the St. Croix River Drainage, at least one panel member must be from the Passamaquoddy Tribe; and in the Penobscot River drainage at least one panel member must be from the Penobscot Indian Nation. The executive director shall seek at least one panel member from the province of New Brunswick, Canada. [1999, c. 401, Pt. BB, §12 (new).] div>
These river basin complexes represent the historic range of Atlantic salmon in the State and include the St. John River Drainage; the St. Croix River Drainage, the drainages of the Dennys, East Machias, Machias, Narraguagus and Pleasant rivers and other rivers that enter the Atlantic Ocean east of Schoodic Point in the Town of Winter Harbor; the drainages of the Union, Penobscot and Ducktrap rivers and other rivers that enter the Atlantic Ocean west of Schoodic Point and east of Marshall Point in the Town of St. George; the drainages of the Sheepscot, Kennebec and Androscoggin rivers and other rivers that enter the Atlantic Ocean west of Marshall Point and east of Small Point in the Town of Phippsburg; and the Saco River and other rivers that enter the Atlantic Ocean west of Small Point. [1999, c. 401, Pt. BB, §12 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9902. Powers

Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9902. Powers

The commission has the responsibility of working with other agencies in the executive branch of State Government and with the Legislature, federal and international agencies and the private sector in carrying out its mission. The commission has the sole authority to introduce Atlantic salmon into the inland waters, other than commercial aquaculture facilities. The commission has the sole authority to limit or prohibit the taking of Atlantic salmon, may issue licenses for the taking of Atlantic salmon and may adopt rules establishing the time, place and manner of Atlantic salmon fishing in all waters of the State. The commission may also: [1999, c. 401, Pt. BB, §11 (rpr).]

1. Programs. Conduct research, publish and disseminate information and plan, report and implement programs necessary for the purposes of managing Atlantic salmon and its habitat; [1999, c. 401, Pt. BB, §11 (amd).]

2. Contracts and agreements. Subject to the applicable provisions of Title 5, sections 1811 to 1824 and other requirements of state law, enter into any contracts, agreements or other arrangements with public agencies and with private parties that the commission finds necessary to carry out its purposes; [1999, c. 401, Pt. BB, §11 (amd).]

3. Funding. Subject to other applicable requirements of state law, receive and expend funds from any source, public or private, that the commission finds necessary to carry out its purposes. Any funds received must be placed in a nonlapsing, separate account established by the Treasurer of State, to be expended by the commission for the purposes stated in this section; [1999, c. 401, Pt. BB, §11 (amd).]

4. Rules. Adopt rules necessary to manage the Atlantic salmon fishery and to promote the conservation and propagation of the Atlantic salmon. Rules adopted by the commission must be enforced by the Department of Marine Resources, the Department of Inland Fisheries and Wildlife and other public officials authorized by law to enforce marine resource laws or inland fisheries and wildlife laws. The Department of Marine Resources and the Department of Inland Fisheries and Wildlife retain exclusive jurisdiction over rules pertaining to species other than Atlantic salmon that are designed to promote the conservation and propagation of Atlantic salmon. The departments shall consult with the Atlantic Salmon Commission in adopting such rules; [1999, c. 401, Pt. BB, §11 (amd).]

5. Property. Subject to other applicable requirements of state law, acquire, install, construct, operate, manage, sell and convey interests in real and personal property, including, without limitation, lands, dams, buildings, facilities, structures, flowage rights, mill privileges, easements and rights-of-way, as the commission finds necessary to carry out its purposes, provided that prior rights of municipalities are not affected by the requirements; and [1999, c. 401, Pt. BB, §11 (amd).]

6. Areas where stocking is prohibited. [1995, c. 667, Pt. A, §36 (rp).]

7. Staff. Subject to appropriation or allocation and in accordance with the Civil Service Law, hire staff to carry out the work of the commission. Hiring and management of the staff is the responsibility of the executive director. [1999, c. 401, Pt. BB, §11 (new).]
div>
Notwithstanding this section, the Department of Marine Resources has the sole responsibility to regulate Atlantic salmon that are raised by means of aquaculture. [1999, c. 401, Pt. BB, §11 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9903. Head of tide; Union River
Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9903. Head of tide; Union River

Notwithstanding any other provision of law, for the purposes of this Part, head of tide on the Union River, Hancock County, is designated as that point on the downstream side where the highway bridge on U.S. Route 1 crosses the river in the City of Ellsworth. [1995, c. 406, §12 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9904. Atlantic salmon license

Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9904. Atlantic salmon license

1. License required. Except as otherwise provided in this section, a person may not fish for, take, possess, ship or transport Atlantic salmon taken from any state waters without a current Atlantic salmon license issued by the commission. [1999, c. 401, Pt. BB, §13 (amd).]

2. License fees. The commission shall issue Atlantic salmon licenses to fish for Atlantic salmon in inland and coastal waters of the State in accordance with the following provisions.

A. The fee for an Atlantic salmon license is $15 for a resident. [1995, c. 406, §12 (new).]

B. The fee for an Atlantic salmon license for any nonresident is as follows:

(1) For a season license for a nonresident 16 years of age or older, $30;

(2) For a 3-day license for a nonresident 16 years of age or older, $15. This license may not be exchanged for a season license; and

(3) For a nonresident under 16 years of age, $5.
[1995, c. 406, §12 (new).]

C. Members of Maine's Indian tribes and Maine residents under 16 years of age are exempt from any fee. [1995, c. 406, §12 (new).]

[1999, c. 401, Pt. BB, §13 (amd).]

3. License limitations and validation. A person may not purchase more than one Atlantic salmon license in any single calendar year for that person's use. Immediately after issuance of an Atlantic salmon license, the purchaser must sign it in the space provided. An unsigned license is considered invalid. [1995, c. 406, §12 (new).]

4. Tags. [1995, c. 535, §4 (rp).]

5. Replacement Atlantic salmon; additional tags. [1995, c. 535, §4 (rp).]

6. Atlantic salmon; possession, buying or selling. A person may not possess, buy or sell Atlantic salmon unless each fish is clearly identified by one of the following methods:

A. Tagged with an Atlantic salmon tag provided by the commission if caught in Maine waters; [1999, c. 401, Pt. BB, §13 (amd).]

B. Tagged with a New Brunswick, Quebec, Nova Scotia, Prince Edward Island or Newfoundland-Labrador Atlantic salmon tag if imported from those Canadian provinces; [1999, c. 401, Pt. BB, §13 (amd).]

C. Identified by a sales receipt less than 24 hours old; [1995, c. 406, §12 (new).]

D. For wholesale and retail seafood dealers, identified by a bill of sale indicating numbers of fish purchased, dates of purchase and point of origin of all fish purchased; or [1995, c. 406, §12 (new).]

E. Tagged as provided in this Part. [1995, c. 406, §12 (new).]

[1999, c. 401, Pt. BB, §13 (amd).]

7. Exceptions. This section does not apply to a person licensed to engage in the aquaculture of Atlantic salmon. [1999, c. 401, Pt. BB, §13 (amd).]

8. Agent's fee. Any clerk or agent appointed by the commission to issue an Atlantic salmon license shall retain $2 for each license issued. [1999, c. 401, Pt. BB, §13 (amd).]

9. Use of license fees. All license fees must be used by the commission for purposes of conservation and management of the Atlantic salmon in this State. [1999, c. 401, Pt. BB, §13 (amd).]

10. Duplicates. The commission or its agents shall issue a duplicate license to any person whose license was accidentally lost or destroyed. The fee for a replacement license is $1, all of which is retained by the issuing agent. Atlantic salmon tags bearing the license number of a lost or destroyed license are invalid. [1999, c. 401, Pt. BB, §13 (amd).]

11. Fishing in inland waters. When fishing in inland waters, the holder of a license authorized under this section is subject to all the provisions of Part 13. [2003, c. 414, Pt. B, §25 (amd); c. 614, §9 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9905. Registration of Atlantic salmon

Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9905. Registration of Atlantic salmon

Except as provided in subsection 4, a person may not possess, ship or transport an Atlantic salmon that has not been properly registered according to the provisions of this section by the person who killed the fish. [1995, c. 406, §12 (new).]

1. Time period. A person who kills Atlantic salmon shall present the Atlantic salmon for registration within 12 hours. The Atlantic salmon must be registered at the first open Atlantic salmon registration station on the route taken by the person who kills the fish. [1995, c. 406, §12 (new).]

2. Information requirements. The person who kills the fish must register the fish in the person's own name. Information concerning each Atlantic salmon registered must be reported accurately and truthfully. [1995, c. 406, §12 (new).]

3. Possession of unlabeled parts prohibited. A person may not possess any part of an Atlantic salmon taken from the inland or coastal waters of this State unless each part is plainly labeled with the name and address of the person who registered the fish, except that a person may possess a fish properly identified under this Part. [1995, c. 406, §12 (new).]

4. Exemptions. The following are exempt from the registration requirements of this section:

A. Atlantic salmon imported from outside the State; [1995, c. 406, §12 (new).]

B. Atlantic salmon imported by taxidermists solely for taxidermy purposes; and [1995, c. 406, §12 (new).]

C. Atlantic salmon raised by means of aquaculture. [1995, c. 406, §12 (new).]

[1995, c. 406, §12 (new).]

5. Recreational fishing provision. A person engaged in recreational fishing who takes an Atlantic salmon shall affix to each fish an identification tag designating the date, location and name of the person who caught the fish. The person shall notify the commission within 24 hours of that person's first landfall providing all information the commission may require. [1999, c. 401, Pt. BB, §14 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9906. Atlantic salmon imports; exemption from prohibition for fisheries enhancement

Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9906. Atlantic salmon imports; exemption from prohibition for fisheries enhancement

The commission may grant an exemption from the provisions of section 6071, subsection 4, for Atlantic salmon, live or eggs, imported for the purpose of enhancing the State's Atlantic salmon fisheries. [1999, c. 401, Pt. BB, §15 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9907. Atlantic salmon; limits; method of taking; closed season

Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9907. Atlantic salmon; limits; method of taking; closed season

Unless otherwise provided by rule adopted by the commission, a person may not: [1999, c. 401, Pt. BB, §16 (amd).]

1. Minimum length. Take or possess Atlantic salmon that are less than 14 inches in total length; [1995, c. 406, §12 (new).]

2. Method of taking. From May 1st to October 15th, take Atlantic salmon in Maine waters by means other than hook and line with an unweighted salmon fly. An Atlantic salmon taken by any other means must be immediately released; [1995, c. 406, §12 (new).]

3. Closed season. From October 16th to April 30th, take Atlantic salmon from Maine waters by any means; [1995, c. 406, §12 (new).]

4. Bag limit. Take more than one Atlantic salmon in one day from Maine waters. No more than 5 Atlantic salmon per person may be taken annually from all waters of the State; or [1995, c. 406, §12 (new).]

5. Disposition. Sell or offer for sale any Atlantic salmon taken from Maine waters, except Atlantic salmon lawfully raised by means of aquaculture. [1995, c. 406, §12 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §9908. Unlawful fishing for Atlantic salmon

Title 12: CONSERVATION
Part 12: ATLANTIC SALMON COMMISSION (HEADING: PL 1995, c. 406, @12 (new); 1999, c. 401, Pt. BB, @7 (rpr))
Chapter 811: GENERAL PROVISIONS (HEADING: PL 1995, c. 406, @12 (new))

§9908. Unlawful fishing for Atlantic salmon

1. Prohibition. A person may not fish for Atlantic salmon in violation of the provisions of this Part. [2003, c. 414, Pt. C, §2 (new); c. 614, §9 (aff).]

2. Penalty. A person who violates this section commits a Class E crime, and the court shall impose an additional fine of $500, none of which may be suspended, for each Atlantic salmon unlawfully possessed. [2003, c. 414, Pt. C, §2 (new); c. 614, §9 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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