1. Open seasons. [PL 2009, c. 214, §4 (RP).] 1-A. Open seasons. The commissioner shall establish open seasons for fishing, except as provided in this section and section 6140-A, subsection 4. A. The open-water fishing season on boundary waters between Maine and New Brunswick is from April 1st to September 30th, inclusive. [PL 2015, c. 301, §33 (AMD).] [PL 2015, c. 301, §33 (AMD).] 2. Exceptions. Notwithstanding the open seasons established under subsection 1-A: A. A person who holds a valid Maine fishing license may take smelts for recreational purposes only from the inland waters or portions of inland waters that are naturally free of ice with a dip net in the usual and ordinary way from noon to 2:00 a.m. in accordance with bag limits established by rule. Bag limits established by rule under this paragraph are for a 24-hour period, beginning at noon on a given day and ending at 11:59 a.m. the following day. The commissioner may prohibit the taking of smelts under this section or shorten the noon to 2:00 a.m. smelt fishing timeframe by rule for enforcement or conservation purposes. (2) A person may not take smelts with a dip net unless that dip net meets the requirements under section 10001, subsection 12-A. Each day a person violates subparagraph (2) that person commits a Class E crime; and [PL 2013, c. 588, Pt. A, §17 (RPR).] B. [PL 2009, c. 214, §6 (RP).] C. [PL 2009, c. 214, §6 (RP).] D. [PL 2009, c. 214, §6 (RP).] E. In accordance with section 10104, the commissioner may change the established opening date of an open-water recreational fishing season and may change the established closing date of a recreational ice-fishing season if, in the commissioner's opinion, the change is warranted due to weather conditions. [PL 2019, c. 9, §1 (AMD).] [PL 2019, c. 9, §1 (AMD).] 3. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A and may be adopted by emergency rulemaking pursuant to Title 5, section 8054. [PL 2019, c. 9, §2 (AMD).]
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