94- 409 C.M.R. ch. 201, § 2

Current through 2025-03, January 15, 2025

Section 409-201-2 - General Provisions

A. Applicability

Unless otherwise provided in Sections 3 and 4, these general provisions in section 2 apply to fishing on MITSC waters.

B. Definitions

Unless the context indicates otherwise, the following terms have the following meanings as used in this chapter.

1.Artificial Lure. The term "artificial lure" means any fishing lure constructed by humans as an imitation or substitute for natural bait or fish forage. It includes but is not limited to artificial flies; spinners; spoons; poppers; plugs; jigs; and plastic, rubber, or other artificial imitations of natural bait. An "artificial lures only" rule prohibits the use of any live, dead or chemically preserved natural or organic bait or food.

2.Brook Trout. The term "brook trout" includes both brook trout and splake.

3.To Fish. The term "to fish" means to take, catch, kill, molest, or destroy, or attempt to take, catch, kill, molest, or destroy any fish.

4.Fly. The term "fly" means a single pointed hook dressed with feathers, hair, thread, tinsel, or any similar material to which no additional weight, hook, spinner, spoon, or similar device is added.

5.Fly Fishing. The term "fly fishing" means casting upon water and retrieving in the usual and ordinary manner not more that 3 unbaited artificial flies individually attached to a line to which no extra weight has been added. It is unlawful to troll a fly in waters restricted to fly fishing only.

6.Hook. The term "hook" means a single fishhook constructed with 1, 2, or 3 points.

7.MITSC. The term "MITSC" means Maine Indian Tribal-State Commission.

8.MITSC Waters. The term "MITSC waters" means all waters within Passamaquoddy and/or Penobscot Territory that are above the rise and fall of the tide and are subject to regulation by the Maine Indian Tribal-State Commission pursuant to 30 MRSA §6207(3).

9.Open Season. The term "open season" means the time during which it is lawful to fish for or possess any fish, as specified and limited by rule.

10.Salmon. The term "salmon", when used alone, means landlocked salmon.

11.Set Line. The term "set line" means a line extending into the water and rigged to catch fish that has one end secured to the shore or to a fixed or buoyant object and that is not personally attended.

12.Single-Baited Hook. The term "single-baited hook" means up to 3 hooks attached together or in tandem to the end of a line and baited as a single apparatus designed to catch only one fish at a time.

13.Snagging. The term "snagging" means to fish by manipulating a hook or hooks in such a manner as to pierce or snag the fish in a part of the body other than the mouth.

14.Togue. The term "togue" means lake trout.

15.Tributary. The term "tributary" means a brook, stream, or river flowing directly or indirectly into a lake, pond, or another brook, stream, or river. A lake or a great pond shall not be construed to mean a tributary. The tributary to a great pond shall not be considered a tributary to the outlet of that great pond.

16.Troll. The term "troll" means to fish by trailing a line rigged to catch fish through or over the water behind a watercraft being propelled by mechanical, wind, or manual power.

17.Trout. When used alone, the term "trout" includes only brook trout, brown trout, rainbow trout, sunapee trout, blueback trout, and splake.

18.Water Thoroughfare. The term "water thoroughfare" means a waterway, without flowage, connecting two bodies of water.

C. General Provisions Applying to Both Open Water and Ice Fishing

1.Bag Limits. In addition to bag limits spelled out elsewhere in this chapter, the following provisions apply:

a. Whenever any waters have a special bag limit, no person shall possess more than one dayÕs bag limit taken from those waters.

b. In waters where the bag limit on black bass has been removed by special rule, the season on black bass and the method of fishing for them shall be the same as for trout and salmon.

2.Bait. The following provisions apply to bait:

a.Advance Baiting. It is unlawful to deposit any meat, bones, dead fish, or other food material for the purpose of luring fish.

b.Eggs as Bait. The eggs of Atlantic sea run salmon, landlocked salmon, and other species that occur naturally in Maine may not be used as bait in fishing. However, commercially prepared eggs from species that do not occur naturally in Maine may be used for bait.

c.Live Fish as Bait. It is unlawful to use or possess as bait, dead or alive, any species of fish other than the following: smelt, lake chub, eastern silvery minnow, golden shiner, emerald shiner, bridle shiner, common shiner, blacknose shiner, spottail shiner, northern redbelly dace, finescale dace, fathead minnow, blacknose dace, longnose dace, creek chub, fallfish, pearl dace, banded killifish, mummichog, longnose sucker, white sucker, creek chubsucker, American eel, and blackchin shiner.

d.Taking and Sale of Bait. State laws and rules regulating the taking and sale of bait apply to MITSC waters.

3.Closed Season. It is unlawful to fish for any fish during the closed season on that species or to possess any fish taken during the closed season on that species.

4.Closed Waters. It is unlawful to fish at any time in waters which are closed to fishing.

5.Explosive, Poisonous, or Stupefying Substance. It is unlawful to take or destroy any fish by use of an explosive, poisonous, or stupefying substance.

6.Failure to Label Fish. It is unlawful to keep black bass, salmon, togue, or trout at any sporting camp, hotel, or public lodging place without attaching to the fish the name and address of the person who caught the fish.

7.Fish Hatcheries. Except as otherwise provided by special rule, all waters within 200 feet of any fish hatchery or rearing station are closed to fishing at all times.

8.Fishway Dams. The area within 150 feet of any dam in which a fishway is located is closed to fishing. This does not restrict the taking of alewives and smelts in accordance with laws regulating marine resources.

9.Illegal Fishing. Except as otherwise specifically provided, it is unlawful to fish other than by the use of the single baited hook and line, artificial flies, artificial lures, and spinners, except that smelts may be taken in accordance with rules promulgated with regard to the taking of smelts. Tandem flies are permitted when trolling on open waters.

10.Illegal Implements. Except as otherwise specifically provided it is unlawful to fish with fish spawn, grapnel, spear, spear gun, trawl, weir, gaff, seine, gill net, trap or set lines or electronic, sonic or battery powered devices (electronic fish finders are legal).

11.Legal Length. The term "legal length" is the total length of a fish measured from the tip of the snout to the tip of the tail with the lobes of the tail squeezed together.

12.Marking Fish. Except for staff of the Passamaquoddy Tribe, Penobscot Nation, and Maine Department of Inland Fisheries and Wildlife who are conducting biological studies, it is unlawful for any person to tag, fin clip, or otherwise mark any fish to be released alive into MITSC waters without the expressed written consent of MITSC.

13.Number, Amount, Weight, or Size Limits. It is unlawful to fish for or possess fish in violation of the number, amount, weight, or size limits of any rule adopted by MITSC relating to fishing on inland waters.

14.Possession Limit. At any time, a person may not possess more fish than one daily bag limit.

15.Release or Kill. Any legal fish, except baitfish and smelts, taken from inland waters must be released alive immediately into the water from which it was taken or must be killed at once. Any fish that is killed becomes part of the daily bag limit.

16.Sale of Certain Fish Prohibited. It is unlawful to buy or sell, directly or indirectly, any landlocked salmon, trout, togue, black bass, white perch, or pickerel.

17.Smelts. Smelts may be taken at any time by use of a dip net, in the usual and ordinary way, from inland waters or portions of inland waters which are naturally free of ice, and where the taking of smelts is not prohibited by rule.

18.Snagging. Except as otherwise provided in section 2(D)(7)(d), it is unlawful to fish for any fish by snagging.

19.Species Identification. Unless fish are being prepared for immediate cooking, it is unlawful to possess or transport fish dressed in such a manner that the species of the fish cannot be identified or to alter the length of salmon, trout, togue, and black bass. Smoking does not constitute cooking.

20.Thoroughfares and Bogs. The general fishing provisions in section 2 which govern lakes and ponds also apply to thoroughfares and bogs.

D. General Provisions Applying to Open Water Fishing

1.Season. The open water fishing season is from April 1 through September 30. All dates are inclusive. However, it is unlawful to fish into inland waters while positioned on ice. Waters must be naturally free of ice.

2.Method on Rivers, Brooks, and Streams. From August 16 through September 30, all rivers, brooks, and streams are restricted to the use of artificial lures only.

2.Two Line Restriction. It is unlawful to fish with more than 2 lines at any one time during the open water season.

3.Night Fishing. Except as otherwise provided by special rule, all waters are open to fishing at night during the open water season.

4.Alewives. A licensed fisherman may take one bushel of alewives daily from MITSC waters by use of a dip net or single hook and line for consumption by himself or members of his family, except that alewives may not be taken from waters where a municipality or individual has been granted exclusive rights under laws regulating marine resources.

5.Salmon, Trout, and Togue. The following provisions apply to salmon, trout, and togue.

a.Bag Limit. The daily bag limit is 5 fish in the aggregate. This may include not more than 2 salmon, 2 rainbow trout, 2 togue, 2 brown trout, and 5 brook trout, except from August 16 through September 30 on rivers, brooks, and streams, the daily bag limit may include in the aggregate not more than 1 salmon, trout, or togue.

b.Length. On lakes and ponds, the minimum legal lengths are 14 inches for salmon, 18 inches for togue, 12 inches for brown trout, 12 inches for rainbow trout, and 6 inches for brook trout. On rivers, brooks, and streams, the minimum legal lengths are 14 inches for salmon, 18 inches for togue, 6 inches for brown trout, 6 inches for rainbow trout, and 6 inches for brook trout.

6.Bass. The following provisions apply to largemouth and smallmouth bass.

a.Bag Limit. From April 1 through June 20, the daily bag limit is 1 fish. From June 21 through September 30, the daily bag limit is 3 fish, only 1 of which may exceed 14 inches.

b.Length. The minimum legal length limit for bass is 12 inches in Franklin, Penobscot, and Somerset Counties and 10 inches in Hancock, Piscataquis, and Washington Counties.

c.Method. From April 1 through June 20, artificial lures only are permitted.

7.Other Species. The following provisions apply to other species of fish.

a.Pickerel. For pickerel, the daily bag limit is 10. There is no length limit.

b.Whitefish. For whitefish, the daily bag limit is 8. There is no length limit.

c.Smelts. For smelts, the daily bag limit is 2 quarts. There is no length limit.

d.Suckers. Any person who has a valid fishing license may take suckers between April 1 and June 30 from all rivers, brooks, and streams which are open to fishing by use of a hand spear, bow and arrow, or by snagging. If suckers are taken by bow and arrow, the arrow must have a barbed or pronged point and must be attached to the bow with a line.

e.No Limit. There are no bag limits or length restrictions on species not mentioned.

E. General Provisions Applying to Ice Fishing

1.Waters Closed. All MITSC waters are closed to ice fishing unless specifically opened by a special provision in section 3 or 4 of this chapter.

2.Five Line Restriction. Unless otherwise provided by rule, a person may fish through the ice with not more than 5 lines, all of which must be under the immediate supervision of the person who set them.

3.Night Fishing. Ice fishing at night (1/2 hour after sunset until 1/2 hour before sunrise) is prohibited except as provided by special rule.

4.Cusk Lines. All lines set at night for cusk must be visited at least once every hour by the person who set them.

5.Salmon, Trout, and Togue. The following provisions apply to ice fishing for salmon, trout, and togue.

a.Bag Limit. The daily bag limit is 5 fish in the aggregate. This may include not more than 2 salmon, 2 rainbow trout, 2 togue, 2 brown trout, and 5 brook trout.

6.Bass. The following provisions apply to ice fishing for bass, including largemouth and smallmouth bass.

a.Bag Limit. The bag daily bag limit is 1 fish.

b.Length. The minimum legal length limit is 12 inches, except that in Hancock, Piscataquis, and Washington Counties, the minimum legal length is 10 inches.