The applicability of certain fishing restrictions to fish weirs outside the jurisdiction of towns and cities

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) DEPARTMENT OF THE ATTORNEY GENERAL AUGUSTA, MAINE 04333 February 21, 1979 Representative Harry L. Vose State House Augusta, Maine 04333 L. DIAMOND ;LEASON R. PATERSON • STOLT iY ATTORNEYS GENERAL Re: The applicability of certain fishing restrictions to fish weirs outside the jurisdiction of towns and cities. Dear Representative Vose: You have asked this office for an opinion relating to the above subject matter. I understand your specific question to be whether the prohibition (as set forth in 12 M.R.S.A. §6525) on setting nets or seines within 2000 ft. of a fish weir applies to such weirs which are outside of the jurisdiction of organized municipalities and, accordingly, subject to licensing by the Land Use Regulati~n Commission. The 2000 ft. prohibition applies, by the express terms of the above cited statute, to "a weir whose operator is validly licensed under §6501 and when the weir is licensed under Title 38, Chapter 9~ Title 38, Chapter 9 relates, in pertinent part, to licensing of fish weirs "within the limits of any city or town". 38 M.R.S.A. §1022. Therefore, it appears that fish weirs outside of municipal limits would not be subject to licensing under Title 38, Chapter 9 and, accordingly, would not be subject to the 2000 foot prohibition on setting nets or seines as set forth in 12 M.R.S.A. §6525. I hope that this information is helpful and that, if further explanation would be uaeful, you will give me a call, Sincerely, ' ,, ·1 r Jeffrey R. Pidot Assistant Attorney General