Section 12456 - Open seasons; exceptions1.Open seasons.[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. [2015, c. 301, §33(AMD).] [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 [2013, c. 588, Pt. A, §17(RPR).]
B. [2009, c. 214, §6(RP).]C. [2009, c. 214, §6(RP).]D. [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. [2019, c. 9, §1(AMD).] [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. [2019, c. 9, §2(AMD).]
Amended by 2019, c. 9,§ 2, eff. 3/25/2019.Amended by 2019, c. 9,§ 1, eff. 3/25/2019.Amended by 2015, c. 301,§ 33, eff. 10/15/2015.Amended by 2014, c. 588,§ A-17, eff. 4/30/2014.Amended by 2013, c. 73,§ 1, eff. 5/7/2013.Amended by 2013, c. 3,§ 2, eff. 10/9/2013.Amended by 2013, c. 3,§ 1, eff. 10/9/2013.2003, c. 414, §A2 (NEW) . 2003, c. 414, §D7 (AFF) . 2003, c. 614, § 9 (AFF) . 2003, c. 655, §B244 (AMD) . 2003, c. 655, §B422 (AFF) . 2005, c. 237, § 2 (AMD) . 2007, c. 695, Pt. C, §3 (AMD) . 2009, c. 214, §§4-6 (AMD) .