12 §6131. Alewife fishing rights - Maine Statutes

Title 12: CONSERVATION

Part 9: MARINE RESOURCES

Subpart 1: ADMINISTRATION

Chapter 605: GENERAL DEPARTMENT ACTIVITIES

Subchapter 5: MISCELLANEOUS ACTIVITIES

§6131. Alewife fishing rights

The commissioner is authorized to develop, manage or lease alewife fishing rights as follows. [1977, c. 661, §5 (NEW).]

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

A. Any municipality that has had the right to take alewives, exclusive or otherwise, or is granted that right by the commissioner, shall take action through its legislative body and file a copy of this action with the commissioner prior to April 20th or lose that right for the remaining part of that year; [1977, c. 661, §5 (NEW).]

B. Municipal rights that are not exercised for 3 consecutive years lapse; [2009, c. 17, §1 (AMD).]

C. At its annual meeting the municipality may determine by vote:

(1) Whether alewife fishing will be operated by the municipality through the municipal officers or a committee; and

(2) Whether the municipal rights to take alewives will be sold by the municipal officers or committee; and [1977, c. 661, §5 (NEW).]

D. Harvesting plans shall be developed as follows.

(1) Any municipality engaged in harvesting alewives shall submit a written harvesting plan to the commissioner prior to April 20th of each calendar year. All harvesting plans shall set forth in detail the exact conditions under which alewives may be taken, all in accordance with good conservation practices.

(2) The commissioner, after consultation with the appropriate municipal officers, shall approve or modify the harvesting plan as he deems necessary for the conservation of alewives and other anadromous fish, and shall file a copy of the approved plan with the clerk of the municipality. [1977, c. 661, §5 (NEW).]

[ 2009, c. 17, §1 (AMD) .]

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

A. It is unlawful to take alewives from 6 a.m. each Thursday morning until 6 a.m. Sunday morning. Municipalities that make other provisions for escape of spawning alewives, which are approved by the commissioner, are exempt from this limit. [2009, c. 17, §2 (AMD).]

B. It shall be unlawful for any municipality or purchaser or lessee of the municipal right to take alewives in any manner except as provided in the approved alewife harvesting plan. [1977, c. 661, §5 (NEW).]

[ 2009, c. 17, §2 (AMD) .]

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 alewives 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.

[ 1993, c. 731, §1 (AMD) .]

4. Violation of harvesting plan. If the commissioner determines after investigation that the municipality is not following its alewife harvesting plan, he shall notify the municipality. Any municipality which fails to take corrective action within 48 hours of notification shall lose its alewife fishing privilege for that calendar year. Upon further notification by the commissioner of loss of alewife fishing privileges, the municipality or its agents shall cease all fishing activity and immediately remove all traps, weirs, seines or other alewife fishing gear from their alewife waters.

[ 1977, c. 661, §5 (NEW) .]

5. Leasing of rights. The commissioner:

A. When the commissioner decides to manage or lease any alewife fishing rights where a municipality has had those rights and has failed to act as provided in subsection 1, shall so notify the clerk of the municipality in writing. After the notice, the commissioner may lease any of those rights to any person, as the commissioner determines is in the best interest of the State. All leases must be in writing and signed by the commissioner and the lessee and must set forth in detail the exact conditions under which the alewives may be taken, all in accordance with good conservation practices; and [2009, c. 17, §3 (NEW).]

B. May manage or lease alewife fishing rights in any river or stream where a municipality does not have those rights. The commissioner may lease any of those rights to any person, as the commissioner determines is in the best interest of the State. All leases must be in writing and approved and signed by the commissioner and the lessee and must set forth in detail the exact conditions under which the alewives may be taken, all in accordance with good conservation practices. [2009, c. 17, §3 (NEW).]

[ 2009, c. 17, §3 (RPR) .]

6. Violation of terms. It shall be unlawful for any person holding such a lease to violate any of its terms or to cause the same to be done.

[ 1977, c. 661, §5 (NEW) .]

7. Molesting equipment. It shall be unlawful to molest the fishing equipment of any lease holder or to interfere with the fishing rights granted by the lease.

[ 1977, c. 661, §5 (NEW) .]

8. Migratory Fish Fund. All fees received by the commissioner from alewife leasing rights are allocated to the Migratory Fish Fund, as established. Expenditures from the Migratory Fish Fund must be made:

A. To build fishways for alewives and other migratory fish; [1977, c. 661, §5 (NEW).]

B. For construction of other facilities for improving the environment of alewives and other migratory fish; [1977, c. 661, §5 (NEW).]

C. For general propagation and conservation of alewives and other migratory fish; [2009, c. 17, §4 (AMD).]

D. For research to enhance the fishing industry based on alewives and other migratory fish; and [2009, c. 17, §4 (AMD).]

E. For management measures required to maintain or enhance alewife populations or populations of other migratory fish. [2009, c. 17, §4 (NEW).]

The Migratory Fish Fund does not lapse.

[ 2009, c. 17, §4 (AMD) .]

SECTION HISTORY

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