Maine Revised Statutes Title 12 Sec. 12504-A – Fishing derby permits for educational institutions
Current as of: 2023 | Check for updates
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1. Permit required. A person may not conduct a fishing derby held by an educational institution that awards prizes in excess of $10,000 for a single fishing derby without a permit issued under this section. For purposes of this section, “educational institution” means an accredited postsecondary educational institution incorporated, chartered or established under the laws of the State.
Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.
[PL 2005, c. 96, §2 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 12 Sec. 12504-A
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Fishing derby: means an organized fishing event conducted on inland waters during which contestants compete for cash awards or other prizes. See Maine Revised Statutes Title 12 Sec. 10001
- Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Application. An educational institution seeking approval to conduct a fishing derby pursuant to this section must submit an application to the commissioner in a manner and form to be designated by the commissioner. The application must include the educational institution’s derby rules, any amendments or changes to the rules and a schedule of the dates, places and times of the proposed derby. The department shall accept applications after January 1st annually for derbies to be held during that year and process those applications in the order of receipt.
[PL 2005, c. 96, §2 (NEW).]
3. Restrictions and requirements. The following restrictions and requirements apply to permits issued under this section.
A. Rules adopted by the commissioner pursuant to section 12504 are applicable to permits issued under this section, except rules limiting the cash value of prizes or concerning an ice fishing derby. [PL 2005, c. 96, §2 (NEW).]
B. A fishing derby may be conducted only in bodies of water free of ice. [PL 2005, c. 96, §2 (NEW).]
C. A person may not participate as an angler in a fishing derby unless that person is affiliated with the sponsoring educational institution, either as a student, a parent or sibling of a student, an alumnus or a staff member of the educational institution. A student may invite a single guest to participate in a derby held under this section. For purposes of this paragraph, “student” includes a current or incoming student. [PL 2005, c. 96, §2 (NEW).]
D. At least 80% of the prizes awarded at a fishing derby must be in the form of scholarships. [PL 2005, c. 96, §2 (NEW).]
E. An angler participating in a fishing derby may not use a motorboat. [PL 2005, c. 96, §2 (NEW).]
F. A fishing derby may not target cold-water species. [PL 2005, c. 96, §2 (NEW).]
G. A fishing derby must be an event that is only catch and release or catch, measure and release. [PL 2005, c. 96, §2 (NEW).]
H. An angler participating in a fishing derby may not have more than one rod per person or more than 2 rods per boat. [PL 2005, c. 96, §2 (NEW).]
I. An angler participating in a fishing derby may use artificial lures only. [PL 2005, c. 96, §2 (NEW).]
[PL 2005, c. 96, §2 (NEW).]
4. Rules. The commissioner may adopt rules necessary to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2005, c. 96, §2 (NEW).]
5. Penalty. Except as provided in section 12602, the following penalties apply to violations of subsection 3 or rules adopted under subsection 4.
A. A person who violates subsection 3 or a rule adopted pursuant to subsection 4 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [PL 2005, c. 96, §2 (NEW).]
B. A person who violates subsection 3 or a rule adopted under subsection 4 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. [PL 2005, c. 96, §2 (NEW).]
[PL 2005, c. 96, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 96, §2 (NEW).