A PROPOSAL TO AMENDMAINE’S

HERITAGE FISH LAW

(ADDING WATERS TO THE LIST)

ESTABLISHED IN 2005, MAINE’S “STATE HERITAGE FISH” LAW IS INTENDED TO PROVIDE PROTECTION FOR SELF-SUSTAINING BROOK TROUT AND RARE ARCTIC CHAR. THE LAW APPLIES TO LAKES AND PONDS THAT HAVE NEVER BEEN STOCKED, OR HAVE NOT BEEN STOCKED IN 25 YEARS OR MORE. IT PROHIBITS STOCKING AND THE USE OF LIVE BAIT.

• THE INITIAL HERITAGE FISH LAW COVERED BROOK TROUT ONLY. IN 2007 IT WAS AMENDED TO INCLUDE RARE ARCTIC CHAR. • THE LIST OF APPLICABLE WATERS ESTABLISHED IN 2005 INCLUDED ONLY LAKES AND PONDS THAT HAD NEVER BEEN STOCKED. • THE LAW WAS AMENDED IN 2013 TO INCLUDE WATERS THAT HAVE NOT BEEN STOCKED IN 25 YEARS OR MORE.

THE CRITERIA FOR ESTABLISHING THE ORIGINAL “HERITAGE FISH WATER” LIST IN 2005 WERE AS FOLLOWS…§212-A. State heritage fish

The eastern brook trout, Salvelinus fontinalis, is a state heritage fish.

§12461. Native brook trout waters

1. Adoption of initial list of native brook trout waters. The commissioner shall adopt by rule a list of native brook trout waters composed of lakes and ponds that contain eastern brook trout and have never been stocked according to any reliable records.

THE CRITERIA WAS AMENDED IN 2007 TO FACILITATE THE INCLUSION OF ARCTIC CHAR…§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.

§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 and have never been stocked according to any reliable records.

THE CRITERIA WAS AMENDED AGAIN IN 2013 TO FACILITATE WATERS THAT HAD NOT BEEN STOCKED IN 25 YEARS OR MORE, AND CURRENTLY READS AS FOLLOWS…§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.

THE INTENTION WAS TO AMEND THE LIST OF “STATE HERITAGE FISH WATERS” ON AN AS NEEDED BASIS TO INCLUDE…• LAKES AND PONDS THAT REACH THE “25 YEARS SINCE LAST STOCKING” THRESHOLD.

• NEW WATERS IDENTIFIED THROUGH EFFORTS SUCH AS THE JOINT AUDUBON/TU/IFW “REMOTE POND SURVEY PROJECT”.

THE RULES FOR ADDING WATERS TO THE HERITAGE LIST ARE AS FOLLOWS…§12461. State heritage fish waters

2. Addition of waters to list. The commissioner may adopt rules to amend the list established under subsection 1 to add a lake or pond if that lake or pond meets criteria established by the commissioner for classifying a lake or pond as a state heritage fish water.

PER IFW COMMISSIONER WOODCOCK, THE RULES FOR ADDING WATERS TO THE HERITAGE LIST ARE…1. Has to be a lake or pond2. Cannot be stocked within the last 25 years inter/intra specific

stocking3. Must be a Principal Fishery4. Waters need to support all life stages 5. Cannot be a water planned for a restoration project6. Social concerns

“A LAKE OR POND IS DEEMED TO HAVE A PRINCIPAL FISHERY IF THE SPECIES IS REGULARLY SOUGHT AFTER BY ANGLERS AND MAKES UP A SIGNIFICANT PORTION OF THEIR CATCH.”

THERE IS NO BIOLOGICAL OR ECONOMIC REASON WHY THE RULES FOR ADDING NEWLY DISCOVERED WATERS, OR THOSE THAT REACH THE “25 YEARS SINCE LASTSTOCKING” THRESHOLD, TO THE HERITAGE LIST SHOULD BE DIFFERENT THAN THOSE USED TO ESTABLISH THE ORIGINAL LISTS…

ONE OF THE ISSUES WE ARE TRYING TO ADDRESS…

WATERS IDENTIFIED UNDER THE JOINT AUDUBON/TU/IFW “REMOTE POND SURVEY PROJECT”, AND CONFIRMED TO HAVE BROOK TROUT BY IFW, ARE BY DEFAULT NEVER-STOCKED AND CONTAIN WHAT ARE MOST LIKELY GENETICALLY PURE FISH…

21

28

ADDED TO HERITAGE NOT ADDED TO HERITAGE

AUDUBON/TU SURVEY WATERS CON-FIRMED BY IFW TO CONTAIN BKT

(2012-2014 – NUM)

43%57%

ADDED TO HERITAGE NOT ADDED TO HERITAGE

AUDUBON/TU SURVEY WATERS CON-FIRMED BY IFW TO CONTAIN BKT

(2012-2014 – PCT)

NOTE: TWO LEGISLATIVE SESSIONS HAVE PASSED SINCE 2014

1610

ADDED TO HERITAGENOT ADDED TO HERITAGE

2012

2

6

ADDED TO HERITAGENOT ADDED TO HERITAGE

2013

3

12

ADDED TO HERITAGENOT ADDED TO HERITAGE

2014

RESULTS BY YEAR

THE FACT THAT ANY WATERS WERE ADDED TO THE “STATE HERITAGE FISH WATERS” LIST IN A GIVEN YEAR IS AN INDICATION THAT ALL WATERS COULD HAVE BEEN ADDED TO THE LIST IN THE RESPECTIVE YEAR…

WHY THE SURVEY WATERS ARE NOT GETTING ON THE LIST PER IFW…

13

1111

7

31

RE-EVALUATING CONSIDERINGTO BE PROPOSED LOW ABUNDANCE OF FISHMARGINAL HABITAT NOT A PONDNOT A PRINCIPAL FISHERY PRIVATE POND

LEFT OFF HERITAGE LIST (BY REASON - NUM)

45%

4%4%4%4%

25%

11%4%

RE-EVALUATING CONSIDERINGTO BE PROPOSED LOW ABUNDANCE OF FISHMARGINAL HABITAT NOT A PONDNOT A PRINCIPAL FISHERY PRIVATE POND

LEFT OFF HERITAGE LIST(BY REASON - PCT)

NOTE: ALL WATERS HAVE CONFIMRED POPULATIONS OF NEVER-STOCKED BROOK TROUT.

PROPOSED AMENDMENT…

CHANGE THE CRITERIA FOR ADDING WATERS TO THE HERITAGE LIST SO THAT IT IS THE SAME AS THAT WHICH WAS USED TO CREATE THE INITIAL LISTS (NATIVE BKT, ARCTIC CHAR, WILD BKT): §12461. State heritage fish waters

2. Addition of waters to list. The commissioner must adopt rules to amend the list established under subsection 1 to add a lake or pond if that lake or pond has been identified as an eastern brook trout water or an arctic charr water that has never been stocked according to any reliable records authorized for adoption by Resolve 2005, chapter 172, as amended, or a water identified as an eastern brook trout water or arctic charr water that according to reliable records has not been stocked for at least 25 years.

THANK YOU FOR YOUR CONSIDERATION AND SUPPORT …