Maine Revised Statutes Title 12 Sec. 12508 – License to operate private fee pond
Current as of: 2023 | Check for updates
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(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1. License required. A person who owns a private pond may not charge others for the opportunity to fish in that private pond unless the owner of that pond possesses a valid private fee pond license issued by the commissioner under this section.
(TEXT EFFECTIVE UNTIL 1/01/24) 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.
(TEXT EFFECTIVE 1/01/24) Each day a person violates this subsection, that person commits a civil violation.
[PL 2023, c. 431, §15 (AMD); PL 2023, c. 431, §23 (AFF).]
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. 12508
- 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
- Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001
- Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
- Private pond: means an artifically constructed pond impounded within the limits of the riparian owner, even though the water is not supplied directly from a brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001
2. Licensed activities. A private fee pond license authorizes the owner of a private pond to charge others for the opportunity to fish in that private pond and authorizes persons who fish in that pond to fish for, take, possess and transport fish harvested from that pond, notwithstanding other provisions of the law or rules of the department pertaining to manner, time, season, bag limit, length limit or fishing license requirements.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3. Fee. The fee for a private fee pond license is $27.
[PL 2005, c. 12, Pt. III, §28 (AMD).]
4. Requirements. Except as otherwise authorized under this Part, a person shall:
A. Kill all fish taken from a private fee pond operated pursuant to this section prior to their transportation from the site; and [PL 2003, c. 655, Pt. B, §255 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. Tag all fish transported from the site as provided by rules adopted by the commissioner. Rules providing for tagging adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A. [PL 2003, c. 655, Pt. B, §255 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
Each day a person violates this subsection that person commits a Class E crime.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §255 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B255 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 12, §III28 (AMD). PL 2023, c. 431, §15 (AMD). PL 2023, c. 431, §23 (AFF).