Sec. 1. 12 MRSA §7701-A, sub-§7, as enacted by PL 1983, c. 374, §2, is amended to read:

7. Privileged entry. The commissioner, his the commissioner's agents or subcontractors shall be privileged to may enter upon any private land in order to periodically examine, at least annually, fishways in dams or other artificial obstructions and the examination of dams provided in subsection 2. The commissioner shall notify the landowner, lessee or other person in control of the dam when the examination will take place and the time required to complete the examination. The commissioner shall make every effort to preserve private land and shall restore surrounding lands to the grade and condition existing prior to entry, if economically feasible.

Sec. 2. 12 MRSA §7701-C, as enacted by PL 1989, c. 275, §2, is amended to read:

§7701-C. Violations; fines

It shall be is considered a violation of this subchapter if a fish kill results from the improper operation of a fishway required pursuant to this subchapter. The department may assess a fine equivalent to the value of the fish killed but not more than $10,000 for each day of that violation. The department shall adopt rules to establish a schedule of fines for each violation involving the improper operation of a fishway.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill requires that the Department of Inland Fisheries and Wildlife check fishways at least annually. It also requires the department to adopt rules to establish a schedule of fines for violations involving the improper operation of a fishway.