Title 12, Title 12

A food product may not be sold in this State consisting of or containing surimi unless the packaging containing the food product is clearly and conspicuously labeled or, if there is no packaging, unless a sign is conspicuously displayed, indicating that the product is "imitation …

No food containing surimi or a surimi product may be served in any eating establishment in the State whether for consumption on or off the premises, unless on the menu and all notices advertising the food it is clearly and conspicuously labeled as "imitation lobster," "imitation …

1. Forfeiture. A violation of this subchapter is a civil violation for which a forfeiture not to exceed $100 may be adjudged.

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 …

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

A person who tampers with, damages, destroys or closes to fish migration or introduces foreign objects into any fishway without the authority of the commissioner commits a civil violation for which a forfeiture of not less than $100 and not more than $500 may be adjudged.

A person who improperly operates a fishway required pursuant to this subchapter commits a civil violation for which a forfeiture equivalent to the value of the fish killed but not more than $10,000 for each day of that violation may be adjudged.

The Department of Marine Resources and the Department of Inland Fisheries and Wildlife shall jointly make rules defining "fish kill."

The commissioner is authorized to develop, manage or lease river herring fishing rights as follows. [PL 2011, c. 598, §11 (AMD).] 1. River herring rights. The commissioner shall grant the right, exclusive or otherwise, to take river herring to any municipality entitled to those r…

Upon the request of any affected municipality, the Department of Marine Resources shall assess the extent and severity of public nuisance and potential threats to public health posed by natural fish die-offs. The department shall provide technical advice and, subject to the limit…

1. Inspection powers. Marine patrol officers may stop and board any watercraft at any time to inspect its documents, licenses and permits of the occupants of the watercraft and to conduct a safety inspection. 2. Rules. The commissioner shall adopt rules pursuant to the Maine Admi…

By May 1, 2013, the commissioner and the Commissioner of Inland Fisheries and Wildlife shall ensure that the fishways on the Woodland Dam and the Grand Falls Dam located on the St. Croix River are configured or operated in a manner that allows the unconstrained passage of river h…

The Maine Groundfish Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing fund within the department. Unexpended balances in the fund at the end of the fiscal year may not lapse and must be carried forward to the next fiscal year and used for…

1. Creation of trust fund. There is established the Maine Coast Environmental Trust Fund, referred to in this section as "the trust," as an Other Special Revenue Funds account within the Department of Marine Resources. 2. Purpose of trust. The purpose of the trust is to protect a…

1. License required. Except as otherwise provided in this section, a person may not fish for Atlantic salmon from any state waters without a current Atlantic salmon license. 2. Licensed activity. The holder of an Atlantic salmon license may fish for Atlantic salmon in inland and …

Unless more restrictive rules are adopted by the department, the following restrictions apply to methods of fishing and the season for Atlantic salmon. [PL 2019, c. 225, §5 (AMD).] 1. Catch and release only. All fishing for Atlantic salmon is catch and release, except for Atlanti…

1. Prohibition. A person may not fish for Atlantic salmon in violation of the provisions of this Part. 2. Possession of parts prohibited. A person may not possess any part of an Atlantic salmon taken from the inland or coastal waters of this State. 3. Sale of Atlantic salmon proh…

The commissioner shall establish a program of lobster research within the Bureau of Resource Management. The purpose of this program is to develop reliable scientific information for use in management decisions. [PL 1995, c. 665, Pt. M, §1 (AMD).] 1. Research. The lobster researc…

1. Commissioner's powers. The commissioner may investigate conditions affecting marine resources and, with the advice and consent of the advisory council, may adopt or amend such rules as the commissioner considers necessary to promote the conservation and propagation of marine o…

1. Commissioner's powers. The commissioner may investigate conditions affecting public safety, public health or property and conflicts among harvesters of marine organisms. The commissioner, with the advice and consent of the Marine Resources Advisory Council, may adopt or amend …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Emerging fishery" means the commercial fishing for any marine organism, except herring and groundfish species, that requires a commercial fishing …

1. Commissioner's powers. The commissioner may examine the coastal waters and the intertidal zone and classify coastal waters or intertidal zone areas as closed if the commissioner determines that any marine organisms are or may become contaminated or polluted and may classify co…

1. Collection and reporting of statistics. The commissioner may, with the advice and consent of the advisory council, adopt rules to collect pertinent data with respect to the fisheries, including, but not limited to, information regarding the type and quantity of fishing gear us…

Except as provided in subsections 1 and 2, information obtained by the department under this section is a public record as provided by Title 1, chapter 13, subchapter 1. [PL 2005, c. 683, Pt. F, §1 (NEW).] 1. Confidential information. Information submitted to the department under…

Except as provided in subsections 1 and 2, information obtained by the department under this section is a public record as provided by Title 1, chapter 13, subchapter 1. [PL 2013, c. 512, §3 (NEW).] 1. Confidential information. Information submitted to the department pursuant to …

1. Rules as law. All rules adopted by the commissioner have the force of law. 2. Proof of rules. A certified copy of a rule is admissible in court to prove the rule and is prima facie evidence that the rule was properly adopted. A rule must be personally certified by the commissi…

The commissioner may adopt rules to regulate the use of alternative bait in marine fisheries. For the purposes of this section, "alternative bait" means any bait that does not naturally originate from the ocean. Rules adopted pursuant to this section must be adopted in accordance…

The commissioner may adopt commercial fishing safety rules recommended by the Commercial Fishing Safety Council. Rules authorized by this section must be adopted and amended in accordance with the procedures outlined in subchapter 2 and are routine technical rules as defined in T…

1. Procedures. In adopting or amending any rule, the commissioner shall use the procedures required for rulemaking under the Maine Administrative Procedure Act and the additional requirements of this subchapter. 2. Other requirements. A. A public hearing may be held but is not re…

1. Procedures. In an emergency adoption of a rule or amendment to a rule, the commissioner may modify the procedures required under the Maine Administrative Procedure Act and section 6191 in the following manner. A. In an emergency adoption of a rule or amendment to a rule relati…

Each district attorney shall prosecute all violations of marine resources' laws occurring within the district attorney's county when requested by the commissioner, a marine patrol officer or other person authorized to enforce any provision of marine resources' laws.

The District Court shall have concurrent original jurisdiction with the Superior Court in all prosecutions under the marine resources' laws.

The provisions of Titles 14 and 15 relating to court procedure shall apply in all prosecutions under the marine resources' laws.

A violation of any provision of marine resources' laws is a Class D crime, unless another penalty has been expressly provided. Except as otherwise specifically provided, these crimes are strict liability crimes as defined in Title 17-A, section 34, subsection 4-A.

A certificate of the commissioner, deputy commissioner or Chief of the Bureau of Marine Patrol stating what the records of the department show is admissible as evidence in all courts as proof of the department records. A certificate stating that the records do not show that a per…

This section applies to the libel proceedings authorized in section 6207. [PL 1977, c. 661, §5 (NEW).] 1. Fees. The fees to be taxed on the libel proceedings shall be as follows: A. For the libel and order of notice, $5; [PL 1977, c. 661, §5 (NEW).] B. For the entry of the libel,…

Any marine organism that is taken, bought, sold, shipped, transported or found in the possession of any person in violation of any provision of marine resources laws and all currency that is used in violation of any provision of marine resources laws is contraband and is subject …

1. Form. The commissioner shall designate the Uniform Summons and Complaint as the citation form to be used by the Bureau of Marine Patrol, except that the commissioner may permit the use of any citation forms approved by the Chief Judge of the District Court before May 1, 1991 t…

The commissioner shall collect and maintain criminal history record information pertinent to violations of chapters 601 to 627. The commissioner may collect and maintain other records and information pertinent to other functions of the department, including the enforcement of civ…

The department in an adjudicatory proceeding may impose an administrative penalty for a violation of section 6575‑K or section 6864, subsection 7‑A equal to the pecuniary gain from that violation in accordance with this section. [PL 2013, c. 485, §1 (AMD).] 1. Definition. As used…

1. Resident license. Any individual who has been domiciled in Maine for the 6 months preceding the date of application is eligible for a resident license. A corporation is eligible for a resident license if it has been created and exists under the laws of Maine and it has existed…

Notwithstanding any licensing provision, a license or certificate is not required for a person to: [PL 1997, c. 544, §1 (AMD).] 1. Personal use. Possess or transport any marine organism that has been lawfully acquired and is for personal use. A receipt or bill of sale is required…

1. Tribal exemption; commercial harvesting licenses. A member of the Passamaquoddy Tribe, Penobscot Nation, Mi'kmaq Nation or Houlton Band of Maliseet Indians who is a resident of the State is not required to hold a state license or permit issued under section 6421, 6501, 6502‑A,…

If the commissioner adopts an elver individual fishing quota system pursuant to section 6505‑A, subsection 3‑A, this section governs the allocation of the elver quota to federally recognized Indian tribes in the State. [PL 2013, c. 485, §3 (NEW).] 1. Annual allocation. In accorda…

1. Forms. Application shall be made on forms furnished by the commissioner. 2. Misrepresentation or error. Any license issued through misrepresentation or misstatement shall be void. Any license issued through error shall be void after notice to the holder. 3. Satisfactory answer…

1. One-half fee after September 30th. 2. Duplication. Licenses that have been lost or destroyed must be reissued at a cost of $6.