Maine § 12 §6131 River herring fishing rights

Maine Statutes

§ 12 §6131 — River herring fishing rights

Maine·Title 12 CONSERVATION·Part 9 MARINE RESOURCES·Ch. 605 GENERAL DEPARTMENT ACTIVITIES

The commissioner is authorized to develop, manage or lease river herring fishing rights as follows.

1.River herring rights. The commissioner shall grant the right, exclusive or otherwise, to take river herring to any municipality entitled to those rights on January 1, 1974 and may grant the right to take river herring to any other municipality provided:

2.Limitations. The following limitations apply to any grant.

3.Closed period in rivers and streams not under lease agreement. In any river or stream not managed under a lease agreement, there is a 72-hour closed period on the taking of river herring and obstruction of the watercourse to allow the free passage of fish from 6 a.m. on Thursday to 6 a.m. the following Sunday.

4.Violation of harvesting plan. If the commissioner determines af

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The commissioner is authorized to develop, manage or lease river herring fishing rights as follows.
1.
River herring rights.
The commissioner shall grant the right, exclusive or otherwise, to take river herring to any municipality entitled to those rights on January 1, 1974 and may grant the right to take river herring to any other municipality provided:
2.
Limitations.
The following limitations apply to any grant.
3.
Closed period in rivers and streams not under lease agreement.
In any river or stream not managed under a lease agreement, there is a 72-hour closed period on the taking of river herring and obstruction of the watercourse to allow the free passage of fish from 6 a.m. on Thursday to 6 a.m. the following Sunday.
4.
Violation of harvesting plan.
If the commissioner determines after investigation that the municipality is not following its river herring harvesting plan, the commissioner shall notify the municipality. Any municipality that fails to take corrective action within 48 hours of notification loses its river herring fishing privilege for that calendar year. Upon further notification by the commissioner of loss of river herring fishing privileges, the municipality or its agents shall cease all fishing activity and immediately remove all traps, weirs, seines or other river herring fishing gear from their river herring waters.
5.
Leasing of rights.
The commissioner:
6.
Violation of terms.
It is unlawful for any person holding such a lease to violate any of its terms or to cause the same to be done.
7.
Molesting equipment.
It is unlawful to molest the fishing equipment of any lease holder or to interfere with the fishing rights granted by the lease.
8.
Migratory Fish Fund.
All fees received by the commissioner from river herring leasing rights are allocated to the Migratory Fish Fund, as established. Expenditures from the Migratory Fish Fund must be made:

Maine § 12 §6131 (River herring fishing rights) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1977, c. 661, §5 (NEW). PL 1981, c. 433, §3 (AMD). PL 1987, c. 513, §2 (AMD). PL 1993, c. 731, §1 (AMD). PL 2009, c. 17, §§1-4 (AMD). PL 2011, c. 598, §11 (AMD).