LD 1569
pg. 5
Page 4 of 9 An Act To Abolish the Maine Indian Tribal-State Commission Page 6 of 9
Download Bill Text
LR 1966
Item 1

 
Sec. 10. 30 MRSA §6207, sub-§§4 to 8, as enacted by PL 1979, c. 732, §§1
and 31, are amended to read:

 
4. Sustenance fishing within Indian reservations.
Notwithstanding any rule or regulation promulgated adopted by the
commission board or any other law of the State, the members of
the Passamaquoddy Tribe and the Penobscot Nation may take fish,
within the boundaries of their respective Indian reservations,
for their individual sustenance subject to the limitations of
subsection 6.

 
5. Posting. Lands or waters subject to regulation by the
commission board, the Passamaquoddy Tribe or the Penobscot Nation
shall must be conspicuously posted in such a manner as to provide
reasonable notice to the public of the limitations on hunting,
trapping, fishing or other use of such lands or waters.

 
6. Supervision by Commissioner of Inland Fisheries and
Wildlife. The Commissioner of Inland Fisheries and Wildlife, or
his successor, shall be is entitled to conduct fish and wildlife
surveys within the Indian territories and on waters subject to
the jurisdiction of the commission board to the same extent as he
the commissioner is authorized to do so in other areas of the
State. Before conducting any such survey the commissioner shall
provide reasonable advance notice to the respective tribe or
nation and afford it a reasonable opportunity to participate in
such survey. If the commissioner, at any time, has reasonable
grounds to believe that a tribal ordinance or commission
regulation board rule adopted under this section, or the absence
of such a tribal ordinance or commission regulation board rule,
is adversely affecting or is likely to adversely affect the stock
of any fish or wildlife on lands or waters outside the boundaries
of land or waters subject to regulation by the commission board,
the Passamaquoddy Tribe or the Penobscot Nation, he the
commissioner shall inform the governing body of the tribe or
nation or the commission board, as is appropriate, of his the
commissioner's opinion and attempt to develop appropriate
remedial standards in consultation with the tribe or nation or
the commission board. If such efforts fail, he the commissioner
may call a public hearing to investigate the matter further. Any
such hearing shall must be conducted in a manner consistent with
the laws of the State applicable to adjudicative hearings. If,
after hearing, the commissioner determines that any such
ordinance, or rule or regulation, or the absence of an ordinance,
or rule or regulation, is causing, or there is a reasonable
likelihood that it will cause, a significant depletion of fish or
wildlife stocks on lands or waters outside the boundaries of
lands or waters subject to regulation by the Passamaquoddy Tribe,
the Penobscot Nation or the commission board, he the commissioner
may adopt appropriate remedial measures including rescission of


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