CHAPTER 96
H.P. 420 - L.D. 565
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, students may not be able to obtain adequate funding for the upcoming academic school year unless this bill takes effect in time to allow academic fishing derbies to take place during this year's open-water fishing season; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §12504, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
1. Permit required. Except as provided in section sections 12504-A and 12505, a person may not conduct a fishing derby or fishing tournament without a valid permit issued under this section.
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.
Sec. 2. 12 MRSA §12504-A is enacted to read:
§12504-A. Fishing derby permits for educational institutions
1. Permit required. A person may not conduct a fishing derby held by an educational institution that awards prizes in excess of $10,000 for a single fishing derby without a permit issued under this section. For purposes of this section, "educational institution" means an accredited postsecondary educational institution incorporated, chartered or established under the laws of the State.
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.
2. Application. An educational institution seeking approval to conduct a fishing derby pursuant to this section must submit an application to the commissioner in a manner and form to be designated by the commissioner. The application must include the educational institution's derby rules, any amendments or changes to the rules and a schedule of the dates, places and times of the proposed derby. The department shall accept applications after January 1st annually for derbies to be held during that year and process those applications in the order of receipt.
3. Restrictions and requirements. The following restrictions and requirements apply to permits issued under this section.
A. Rules adopted by the commissioner pursuant to section 12504 are applicable to permits issued under this section, except rules limiting the cash value of prizes or concerning an ice fishing derby.
B. A fishing derby may be conducted only in bodies of water free of ice.
C. A person may not participate as an angler in a fishing derby unless that person is affiliated with the sponsoring educational institution, either as a student, a parent or sibling of a student, an alumnus or a staff member of the educational institution. A student may invite a single guest to participate in a derby held under this section.
For purposes of this paragraph, "student" includes a current or incoming student.
D. At least 80% of the prizes awarded at a fishing derby must be in the form of scholarships.
E. An angler participating in a fishing derby may not use a motorboat.
F. A fishing derby may not target cold-water species.
G. A fishing derby must be an event that is only catch and release or catch, measure and release.
H. An angler participating in a fishing derby may not have more than one rod per person or more than 2 rods per boat.
I. An angler participating in a fishing derby may use artificial lures only.
4. Rules. The commissioner may adopt rules necessary to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
5. Penalty. Except as provided in section 12602, the following penalties apply to violations of subsection 3 or rules adopted under subsection 4.
A. A person who violates subsection 3 or a rule adopted pursuant to subsection 4 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates subsection 3 or a rule adopted under subsection 4 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 12, 2005.
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