MAINE’S STATE HERITAGE FISH LAW(PROTECTING THE TRIBUTARIES)

Roughly a decade ago we gathered in this room to grant some much-needed protection to Maine’s

irreplaceable never-stocked-over wild brook trout. We returned five years later to include rare Artic char and expand the protections to waters not

stocked in 25 years or more. Known as the State Heritage Fish Law it was and still is the only formal

and binding “Wild Trout” program in the state.

The bill was submitted by Sportsman’s Alliance of Maine and supported by Dud Dean Angling Society and Trout Unlimited. The primary

legislative sponsor was then Senator and current IFW Commissioner Chandler Woodcock.

The IFW Committee voted a rare mid-hearing unanimous “ought to pass.” The

committee included such pro-sportsman legislators as former Senator Bruce Bryant and former Representatives Troy Jackson and Thomas

Watson.

MAINE’S STATE HERITAGE FISH LAW APPLIES TO BROOK TROUT AND ARCTIC CHAR ONLY…§212-A. State heritage fish

1. Eastern Brook Trout. The eastern brook trout, Salvelinus fontinalis, is a state heritage fish.

2. Arctic Charr. The subspecies of the arctic charr, Salvelinus alpinus oquassa, also known as blue-back charr, is a state heritage fish.

IT ONLY EFFECTS LAKES AND PONDS THAT HAVE NEVER BEEN STOCKED OR HAVE NOT BEEN STOCKED IN 25 YEARS... §12461. State heritage fish waters

1. Adoption of state heritage fish waters. The commissioner shall adopt by rule a list of state heritage fish waters composed of lakes and ponds that contain state heritage fish, as defined in Title 1, section 212-A. This list must include waters identified as eastern brook trout waters and arctic charr waters that have never been stocked according to any reliable records authorized for adoption by Resolve 2005, chapter 172, as amended, and waters identified as eastern brook trout waters and arctic charr waters that according to reliable records have not been stocked for at least 25 years.

STATE HERITAGE FISH WATERS ARE AFFORDED THE FOLLOWING PROTECTIONS. THE USE OF WORMS WHERE PREVIOUSLY ALLOWED, BAG LIMITS, LENGTH LIMITS AND SEASONS ARE NOT IMPACTED…§12461. State heritage fish waters

4. Stocking state heritage fish. The commissioner may not stock or issue a permit to stock fish in a lake or pond listed as a state heritage fish water under this section.

5. Fishing restrictions. A person may not use live fish as bait or possess live fish to be used as bait on a lake or pond listed as a state heritage fish water under this section. A person who violates this subsection commits a Class E crime.

STOCKED FISH MOVE…

* SALMON AND BROOK TROUT STOCKED IN LOWER RICHARDSON LAKE HAVE BEEN CONFIRMED IN POND IN THE RIVER, A STATE HERITAGE FISH WATER AND PART OF THE FABLED RAPID RIVER (SEE BELOW).

* NONNATIVE SALMON HAVE BEEN CONFIRMED IN RAINBOW LAKE, A STATE HERITAGE FISH WATER AND HOME TO RARE ARCTIC CHAR. THEY ARE BELIEVED TO HAVE ENTERED FROM NAHMAKANTA LAKE.

* SPLAKE STOCKED IN WYMAN LAKE HAVE BEEN FOUND IN THE KENNEBEC RIVER ABOVE AND BELOW THE LAKE.

* SPLAKE STOCKED IN STURTEVANT POND DROPPED DOWN TO LAKE UMBAGOG AND THEN MOVED UP INTO THE MAGALLOWAY RIVER.

* STOCKED SPLAKE HAVE BEEN FOUND IN CHESUNCOOK LAKE. THEY MOST LIKELY ENTERED FROM DEER POND OR RAGGED LAKE.

TO USE BAIT IS TO LOSE BAIT…

BIG REED POND, A STATE HERITAGE FISH WATER AND HOME TO RARE ARCTIC CHAR, WAS RECENTLY RECLAIMED DUE TO AN INVASIVE SMELT INTRODUCTION. ACCORDING TO FORMER IFW DIRECTOR OF FISHERIES MIKE BROWN…

“Rainbow smelt and creek chub were first observed [in Big Reed Pond] in the early 1990s, likely having been introduced in the late 1980s, when anglers were targeting trout and charr by jigging live bait in deep water. That practice was legal at that time.”

IN ORDER FOR THE PROTECTIONS PROVIDED TO STATE HERITAGE

WATERS TO BE EFFECTIVE THEY NEED TO APPLY TO TRIBUTARIES AS WELL AS THE LAKES AND PONDS THEMSELVES.

WE ARE TRYING TO ADDRESS THIS PROBLEM WITH THE FOLLOWING AMENDMENT…

PROPOSED VERBIAGE…§12461. State heritage fish waters

4. Stocking state heritage fish.  The commissioner may not stock or issue a permit to stock fish in a lake or pond, or tributary to such, listed as a state heritage fish water under this section.

5. Fishing restrictions.  A person may not use live fish as bait or possess live fish to be used as bait on a lake or pond, or tributary to such, listed as a state heritage fish water under this section. A person who violates this subsection commits a Class E crime.

MAINE HAS A FORMAL DEFINITION FOR “TRIBUTARY” IN TITLE 12, §10001-66. IT IS DEFINED ON PAGE 4 IN THE “DEFINITIONS” SECTION OF THE IFW “OPEN WATER & ICE FISHING LAWS” BOOK, MAKING THE PROPOSED CHANGE EASY TO IMPLEMENT, UNDERSTAND AND ENFORCE…“A river, stream, or brook flowing directly or indirectly into a lake, pond, or another river, stream, or brook. A lake or great pond shall not be construed to mean tributary. The tributary to a great pond shall not be considered a tributary to the outlet of that great pond.”

ALL STATE HERITAGE WATERS ARE CURRENTLY LISTED IN THE “OPEN WATER & ICE FISHING LAWS” BOOK DUE TO THEIR TACKLE RESTRICTIONS: S-4 (NO LIVE FISH AS BAIT), S-5 (FFO) or S-6 (ALO). THIS CHANGE COULD BE IMPLEMENTED WITHOUT ADDING ANY WATERS TO THE RULE THE BOOK…

CREATING A NEW S-CODE THAT MIMICS S-4 BUT APPLIES TO “TRIBUTARIES” AND APPLYING IT TO HERITAGE WATERS WHERE THE TRIBUTARIES DO NOT ALREADY HAVE AN S-4, S-5 OR S-6 RESTRICTION WOULD ADDRESS THE REGULATORY CHANGES WITH MINIMAL IMPACT TO IFW OR THE LAW BOOK….S-11: Use or possession of live fish as bait on tributaries of this water isprohibited. (The use of dead fish, salmon eggs, or worms is permitted.)

WHILE THIS COULD BE ADDRESSED VIA POLICY IT WOULD BE NON-BINDING AND

SUBJECT TO CHANGE WITHOUT LEGISLATIVE APPROVAL IN THE FUTURE. AMENDING THE

LAW ENSURES THAT THESE NECESSARY PROTECTIONS FOR MAINE’S NATIVE BROOK TROUT AND ARCTIC CHAR WILL REMAIN IN

EFFECT FOR GENERATIONS TO COME.

Wild brook trout are important to Maine and Maine is important to wild brook trout. As for Arctic char,

Maine is their only hope. We need to do more than we are doing today if we want subsequent generations to enjoy what we have. This is why we have come here today to ask for your help.

THANK YOU FOR YOUR SUPPORT…