Section 409-201-1 - OverviewA. Purpose This chapter regulates fishing on certain inland waters within Passamaquoddy and Penobscot Territory pursuant to the Maine Indian Claims Settlement Act of 1980.
B. Authority 1.Exclusive Authority to Promulgate Rules. Pursuant to 30 MRSA §6207(3), the Maine Indian Tribal-State Commission has exclusive authority to promulgate fishing rules on any:a.Ponds. Any pond with 50% or more of shoreline within Passamaquoddy or Penobscot Territory, except those specified in section 1(B)(2).b.Rivers, Brooks, or Streams. Section of a river, brook, or stream: i. Both sides of which are within Passamaquoddy or Penobscot Territory; orii. One side of which is within Passamaquoddy or Penobscot Territory for a continuous length of 1/2 mile or more.2.Authority to Enforce Rules. Pursuant to 30 MRSA §6207(1) and §6210: a.Exclusive Tribal Authority. The Passamaquoddy Tribe and the Penobscot Nation have exclusive authority within their respective Territories to enact and enforce ordinances regarding the taking of fish on any pond of 10 acres or less located wholly within Indian Territory.b.Shared Authority. Passamaquoddy and Penobscot law enforcement officers have the authority within their respective Territories and state and county law enforcement officers have the authority within both Indian Territories to enforce this chapter.94- 409 C.M.R. ch. 201, § 1