§12456. Open seasons; exceptions
1. Open seasons.
[PL 2009, c. 214, §4 (RP).]
1-A. Open seasons. The commissioner shall establish open seasons for fishing, except as provided in this section and section 6140‑A, subsection 4.
A. The open-water fishing season on boundary waters between Maine and New Brunswick is from April 1st to September 30th, inclusive. [PL 2015, c. 301, §33 (AMD).]
[PL 2015, c. 301, §33 (AMD).]
2. Exceptions. Notwithstanding the open seasons established under subsection 1‑A:
A. A person who holds a valid Maine fishing license may take smelts for recreational purposes only from the inland waters or portions of inland waters that are naturally free of ice with a dip net in the usual and ordinary way from noon to 2:00 a.m. in accordance with bag limits established by rule. Bag limits established by rule under this paragraph are for a 24-hour period, beginning at noon on a given day and ending at 11:59 a.m. the following day. The commissioner may prohibit the taking of smelts under this section or shorten the noon to 2:00 a.m. smelt fishing timeframe by rule for enforcement or conservation purposes.
(2) A person may not take smelts with a dip net unless that dip net meets the requirements under section 10001, subsection 12‑A.
Each day a person violates subparagraph (2) that person commits a Class E crime; and [PL 2013, c. 588, Pt. A, §17 (RPR).]
B. [PL 2009, c. 214, §6 (RP).]
C. [PL 2009, c. 214, §6 (RP).]
D. [PL 2009, c. 214, §6 (RP).]
E. In accordance with section 10104, the commissioner may change the established opening date of an open-water recreational fishing season and may change the established closing date of a recreational ice-fishing season if, in the commissioner's opinion, the change is warranted due to weather conditions. [PL 2019, c. 9, §1 (AMD).]
[PL 2019, c. 9, §1 (AMD).]
3. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A and may be adopted by emergency rulemaking pursuant to Title 5, section 8054.
[PL 2019, c. 9, §2 (AMD).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B244 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 237, §2 (AMD). PL 2007, c. 695, Pt. C, §3 (AMD). PL 2009, c. 214, §§4-6 (AMD). PL 2013, c. 3, §§1, 2 (AMD). PL 2013, c. 73, §1 (AMD). PL 2013, c. 588, Pt. A, §17 (AMD). PL 2015, c. 301, §33 (AMD). PL 2019, c. 9, §§1, 2 (AMD).
Structure Maine Revised Statutes
Part 13: INLAND FISHERIES AND WILDLIFE
Chapter 923: FISH: FISHING SEASONS AND RESTRICTIONS
Subchapter 1: SEASONS, RULEMAKING AND SPECIAL REGULATIONS
12 §12451. Application of laws
12 §12452. Consolidation of rules
12 §12453. Inland waters closed to fishing except as opened by law or rule
12 §12454. Ice fishing; closed areas and times
12 §12455. List of waters where children may fish with single-baited hook and line (REPEALED)
12 §12456. Open seasons; exceptions
12 §12458. Special regulations
12 §12459. Fly-fishing by person who has loss of arm
12 §12460. Smelt fishing in Long Lake (REPEALED)
12 §12460-A. Smelt fishing in Mud Brook in Aroostook County (REPEALED)
12 §12461. State heritage fish waters
12 §12462. Waters containing state heritage fish that have not been stocked since 1988 (REPEALED)