APPROVED CHAPTER
JUNE 17, 2025 343
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 632 - L.D. 1548
An Act to Prevent the Introduction or Transfer of Invasive Fish Species in
Inland Waters of the State
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §10902, sub-§8, ¶E, as amended by PL 2013, c. 538, §10, is
further amended to read:
E. Taking fish by explosive, poisonous or stupefying substances, in violation of section
12653; or
Sec. 2. 12 MRSA §10902, sub-§8, ¶F, as enacted by PL 2013, c. 538, §11, is
amended to read:
F. Fishing or any violation of section 10906 while that person's license is revoked.; or
Sec. 3. 12 MRSA §10902, sub-§8, ¶G is enacted to read:
G. Illegally possessing live fish, in violation of section 12611.
Sec. 4. 12 MRSA §10902, sub-§8, as amended by PL 2013, c. 538, §§9 to 11, is
further amended by amending the first blocked paragraph to read:
The commissioner shall suspend a person's fishing license for 5 10 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 of an offense under sections 12509, 12510, and 12512 and 12611, except that this
mandatory revocation does not apply to offenses under section 12509 involving live bait
fish or smelts.
Sec. 5. 12 MRSA §12509, sub-§1, as amended by PL 2019, c. 113, Pt. C, §20, is
further amended to read:
1. Permit required. Except as otherwise authorized pursuant to this Part, a person
may not introduce, import or transport any live fish or gametes fish eggs into the State or
receive or have in that person's possession fish or gametes fish eggs so introduced, imported
or transported without a valid permit issued under this section.
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A person who violates this subsection commits a Class E crime, except that,
notwithstanding Title 17‑A, section 1704, the fine may not be less than $1,000 nor more
than $10,000.
Sec. 6. 12 MRSA §12509, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and
affected by c. 614, §9, is amended to read:
2. Issuance. The commissioner may grant permits to introduce, import or transport
any live fish or gametes fish eggs into the State or to receive or have in possession fish or
gametes fish eggs so introduced, imported or transported if the commissioner determines
that the species does not pose an unreasonable risk to any species of fish or other organism
after evaluating fish health, habitat and population management issues. The commissioner
may not adopt rules or issue permits governing any aspect of either the commercial
aquaculture of Atlantic salmon when intended for use in commercial aquaculture in coastal
waters, or in land-based aquaculture facilities, or the Atlantic salmon restoration program.
Sec. 7. 12 MRSA §12509, sub-§3, ¶C, as enacted by PL 2003, c. 414, Pt. A, §2
and affected by c. 614, §9, is amended to read:
C. A statement from a fish health inspector certified by the American Fisheries
Society, a fish pathologist certified by the American Fisheries Society or a licensed
accredited veterinarian, certifying that the fish or gametes fish eggs are from sources
that show no evidence of viral hemorrhagic septicemia, infectious pancreatic necrosis,
infectious hematopoietic necrosis, Myxosomo cerebralis or other diseases that may
threaten fish stocks within the State; and
Sec. 8. 12 MRSA §12510, as amended by PL 2019, c. 113, Pt. C, §21 and c. 263,
§1, is further amended to read:
§12510. Permit to stock inland waters
1. Permit required. Except as otherwise authorized pursuant to this Part, a person
may not introduce fish or fish eggs of any kind into any inland waters without a valid permit
issued under this section. A person who violates this subsection commits a Class E crime,
except that, notwithstanding Title 17‑A, section 1704, the fine may not be less than $1,000
or more than $10,000.
1-A. Penalty. A person who violates subsection 1 commits a Class E crime, except
that, notwithstanding Title 17-A, section 1704, the fine may not be less than $1,000 or more
than $10,000.
1-B. Restitution. In the case of a person who violates subsection 1, the court shall:
A. Order that person to pay the department an amount equal to the cost of labor,
equipment, chemicals and all other related expenses directly associated with mitigating
or reclaiming waters affected as a result of the violation; and
B. Direct that person to provide the commissioner, upon making full payment as
ordered by the court under paragraph A, proof of that payment.
2. Issuance. The commissioner may issue a written permit allowing a person to
introduce fish or fish eggs of any kind into any inland waters by means of live fish or
otherwise.
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3. Limited permit. The commissioner may issue a written limited permit to a local
government under this subsection. A limited permit:
A. Allows the local government to introduce fish or fish eggs only into a great pond
that:
(1) Is within the jurisdiction of the local government; and
(2) Was previously stocked by the department and in which stocking was
suspended prior to January 1, 2019 and has not been resumed by the department
due to inadequate public access;
B. Allows the introduction of only:
(1) The same species of fish that was stocked at the time the department suspended
stocking; and
(2) Fish or fish eggs obtained by the local government at its own expense from an
in-state commercial facility that meets testing and health guidelines approved by
the department; and
C. May be issued only if the local government identifies public access to the great
pond that:
(1) Is at least suitable for the hand carrying of boats to the water;
(2) Includes a parking area; and
(3) Has been marked with signage adequate to ensure public awareness of the
public access.
For purposes of this subsection, "local government" means a municipality or, in the
unorganized territory, a county.
Sec. 9. 12 MRSA §12511, as amended by PL 2019, c. 113, Pt. C, §22, is further
amended to read:
§12511. Permit to introduce fish or fish spawn eggs into private pond
1. Permit required. Except as otherwise authorized pursuant to this Part, a person
may not introduce fish or fish spawn eggs into a private pond without a valid permit issued
under this section. A person who violates this subsection commits a Class E crime, except
that, notwithstanding Title 17‑A, section 1704, the fine may not be less than $1,000 nor
more than $10,000.
1-A. Penalty. A person who violates subsection 1 commits a Class E crime, except
that, notwithstanding Title 17-A, section 1704, the fine may not be less than $1,000 or more
than $10,000.
1-B. Restitution. In the case of a person who violates subsection 1, the court shall:
A. Order that person to pay the department an amount equal to the cost of labor,
equipment, chemicals and all other related expenses directly associated with mitigating
or reclaiming waters affected as a result of the violation; and
B. Direct that person to provide the commissioner, upon making full payment as
ordered by the court under paragraph A, proof of that payment.
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2. Issuance. The commissioner may issue a written permit to introduce fish or fish
spawn eggs into a private pond.
Sec. 10. 12 MRSA §12512, as amended by PL 2019, c. 113, Pt. C, §23, is further
amended to read:
§12512. Permit to transport live fish for breeding and advertising
1. Permit required. Except as otherwise authorized pursuant to this Part, a person
may not take and transport within the limits of the State live fish taken in the State for
breeding or advertising purposes, other than baitfish, Atlantic salmon used in commercial
aquaculture and smelts, without a valid permit issued under this section. A person who
violates this subsection commits a Class E crime, except that, notwithstanding Title 17‑A,
section 1704, the fine may not be less than $1,000 nor more than $10,000.
2. Issuance. The commissioner may issue a permit to a person permitting that person
to take and transport within the limits of the State fish taken in the State for breeding or
advertising purposes.
Sec. 11. 12 MRSA §12557 is enacted to read:
§12557. Disposal of live baitfish or smelts
1. Prohibition. A person may not dispose of any live baitfish or smelts into inland
waters of the State.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of
not less than $100 nor more than $500 may be adjudged.
B. A person who violates subsection 1 after having been adjudicated as having
committed 3 or more civil violations under this Part within the previous 5-year period
commits a Class E crime.
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Statutes affected:
Bill Text ACTPUB , Chapter 343: 12.10902, 12.12509, 12.12510, 12.12511, 12.12512