Title 12, Title 12

1. Designation of wildlife sanctuaries. The following described territories are designated as wildlife sanctuaries and are subject to the commissioner's authority under section 12701: A. Back Bay Sanctuary, Portland: Back Bay, so called, in Portland, in the County of Cumberland, …

Except to the extent permitted by the commissioner under section 12701, activities listed in this section are prohibited in a wildlife sanctuary. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] 1. Unlawful activity in wildlife sanctuary. 1-A. Unlawful activity in w…

1. Designation and classification of wildlife management areas. The following areas are classified as wildlife management areas. A. The following described territories are classified as wildlife management areas to be managed by the commissioner in accordance with the principles …

1. Setting apart waters. The commissioner may by rule, pursuant to section 10104, subsection 1, set apart, for a term not to exceed 10 years, any inland water for use by the State in conducting work on fish culture and scientific research relative to fish. In the waters so set ap…

The United States Fish and Wildlife Service and its duly authorized agents may conduct fish culture operations and scientific investigations in the waters of this State in such manner and at such times as the service and its agents consider necessary and proper.

1. Commissioner's authority. The commissioner may: A. Authorize, alter and remove the screening of any inland waters; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Prohibit fishing within 500 yards of any screen installed by authority of the commissioner o…

1. Commissioner's authority. The commissioner may by rule, pursuant to section 10104, subsection 1, designate any inland waters of the State as fish spawning areas. 2. Hearing. The commissioner shall institute a public hearing, in conformity with the Maine Administrative Procedur…

1. Prohibition. A person without authority from the commissioner may not: A. Tamper with a department dam; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Open or close gates or sluiceways of a department dam; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, …

1. Prohibition. A person without authority from the commissioner may not: A. Tamper with a fishway; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Close a fishway to fish migration; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Introduce for…

Notwithstanding any other provision of this Part, 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 routine technical rule as defined in Title 5, chapter 375, sub…

When the Bureau of Resource Management plans to stock an inland water for the first time or to stock a new fish species or permanently stop stocking a fish species that is currently being stocked in an inland water, the department shall notify the public as provided in this secti…

1. Prohibition. A person may not stock river herring in Hogan Pond or Whitney Pond in the Town of Oxford or any waters that drain into or out of those ponds. 2. Penalty. The following penalties apply to violations of this section. A. A person who violates this section commits a c…

1. Commissioners' authority. In order to conserve, develop or restore anadromous or migratory fish resources, the commissioner and the Commissioner of Marine Resources jointly may require a fishway to be erected, maintained, repaired or altered by the owners, lessors or other per…

1. Notice required. Prior to construction or prior to authorizing construction of a new dam or other obstruction in the inland waters, the owner, lessee or other person in control of the dam or other artificial obstruction shall provide written notice to the commissioner and the …

1. Prohibition. A person may not improperly operate a fishway required under this subchapter in a manner that results in a fish kill. 2. Penalty. The following penalties apply to violations of this section. A. A person who violates this section commits a civil violation for which…

1. Prohibition. 2. Penobscot Nation research. Under the direction of its director, the staff of the Department of Natural Resources of the Penobscot Nation may use gill nets for the purpose of scientific fisheries research and management on any waters within, flowing through or a…

The Legislature finds that various species of fish or wildlife have been and are in danger of being rendered extinct within the State of Maine, and that these species are of esthetic, ecological, educational, historical, recreational and scientific value to the people of the Stat…

1. Investigations. The commissioner may conduct investigations in order to develop information relating to population size, distribution, habitat needs, limiting factors and other biological and ecological data relating to the status and requirements for survival of any species o…

1. Standards. The commissioner shall recommend a species to be listed as endangered or threatened whenever the commissioner finds one of the following to exist: A. The present or threatened destruction, modification or curtailment of its habitat or range; [PL 2003, c. 414, Pt. A,…

1. Conservation of threatened and endangered species. The commissioner may establish such programs as are necessary to bring any endangered or threatened species to the point where it is no longer endangered or threatened, including: A. Acquisition of land or aquatic habitat or i…

The commissioner may enter into agreements with federal agencies, other states, political subdivisions of this State or private persons for the establishment and maintenance of programs for the conservation of endangered or threatened species and may receive all federal funds all…

1. Review. A state agency or municipal government may not permit, license, fund or carry out projects that will: A. Significantly alter the habitat identified under section 12804, subsection 2 of any species designated as threatened or endangered under this subchapter; or [PL 200…

A person may not release a wolf in the State for the purpose of reintroducing that species into the State without the prior approval of both Houses of the Legislature and the commissioner. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] A person who violates this s…

For the purposes of this section and section 12808‑A, "to take," "take" and "taking" mean the act or omission that results in the death of any endangered or threatened species. [PL 2015, c. 423, §1 (AMD).] 1. Prohibited acts regarding endangered or threatened species; negligence.…

Notwithstanding section 12808 and notwithstanding section 10650 as it applies to rules adopted in accordance with this subchapter, the commissioner may authorize certain activities regarding endangered or threatened species in accordance with the following. [PL 2015, c. 423, §2 (…

1. General. In the event of a violation of this subchapter, any rule adopted pursuant to this subchapter or any license or permit granted under this subchapter, the Attorney General may institute injunctive proceedings to enjoin any further violation, a civil or criminal action, …

1. Definition. For purposes of this section, "delisted species" means a species that was listed as a state endangered or threatened species under section 12803 and after 2007 was removed from that list by the Legislature. The following is a delisted species: A. Bald eagle, Haliae…