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Meeting Minutes
353 Water Street, 4th floor conference room
Augusta, ME
(and virtually via Microsoft Teams)
Attending:
Timothy Peabody, Deputy Commissioner
Christl Theriault, Assistant to the Commissioner
Mark Latti, Communications Director
Liz Latti, Director of Fisheries and Hatcheries
Bob Cordes, Wildlife Division Deputy Director
Dan Scott, Warden Service Colonel
Becky Orff, Secretary/Recorder
COUNCIL MEMBERS
Eric Ward
Rod Grant
Jim Andrews
Catherine Gordon
Wing Goodale
Scott Ireland
Mike Gawtry - Teams
Tony Liguori - Teams
Joe Powers Teams
Dave Craven - Teams
GUESTS
Claire Perry - Teams
I. Call to Order
Deputy Commissioner Peabody called the meeting to order.
I-A. Pledge of Allegiance
II. Moment of Silence III. Introductions
Introductions were made.
IV. Acceptance of Minutes of Previous Meeting
A motion was made by Joe Powers to accept the minutes as presented and that was seconded by Tony Liguori.
Vote: unanimous in favor minutes accepted.
V. Rulemaking
A. Step 3
There were no items under Step 3.
B. Step 2
- Repeal Ch. 22 Rules Pertaining to Department Publication
Deputy Commissioner Peabody stated we used to have a Department magazine that was now obsolete and there were no actions to bring the magazine back into print. It had not been printed since 2008. This would be a complete repeal of the rule.
There were no further questions or comments.
A motion was made by Joe Powers to move the proposal to Step 3 for final adoption and that was seconded by Mike Gawtry.
Vote: unanimous in favor motion passed.
A motion was made by Jim Andrews to accept the proposal as presented and that was seconded by Scott Ireland.
Vote: unanimous in favor motion passed.
2. Musquash Lake, West, T6R1 NBPP (South Zone) rule change
Liz Latti stated this was a lake Downeast where we received a report of largemouth bass. It was confirmed by staff. As this was in the southern part of the state it fell under general law which provided protections for bass where they are managed. Where it was an illegally introduced fish and a coldwater fishery that we managed we were proposing an S-13 regulation, no size and no bag limit. The proposal was advertised on August 6th , and a public hearing was held on August 26th with no members of the public attending. No written comments were received.
Jim Andrews stated no bag limit, that was the fall back position? Would there be any other attempts to try to remove them?
Liz Latti stated yes, in the north zone. We liked to do that where it was illegally introduced and it reduced the incentive for people to move them. The lake was not favorable to reclamation. Aside from the S-13 regulation, staff would follow up. The habitat may not be supportive of largemouth and so they may not be as impeding to the wild fishery.
Wing Goodale asked if fishing helped reduce the numbers.
Liz Latti stated it could. It would depend how broad and fast the population expanded. It was more on the premise that we were not going to manage a fish that was illegally introduced. There was also a reward being offered for information through Operation Game Thief.
Catherine Gordon asked if any tips had been provided.
Major Cross stated they were working some information.
Dave Craven asked about fyke netting.
Liz Latti stated electrofishing would probably be the best method. We were facing understaffing in the region so by next spring staff would be there to further assess the population and feasibility of removal methods.
Rod Grant asked if we had an idea how long they had been established there.
Liz Latti stated that was challenging to figure out. Without knowing when or what size was put it, we could take an educated guess based on the ages that were there. Whoever moved them there could have moved multiple ages. We would look to see if they were successfully spawning in the future. We were hoping it was reported early.
A motion was made by Dave Craven to move the proposal to Step 3 for final adoption and that was seconded by Tony Liguori.
Vote: unanimous in favor motion passed.
A motion was made by Jim Andrews to accept the proposal as presented and that was seconded by Wing Goodale.
Vote: unanimous in favor motion passed.
C. Step 1
There were no items under Step 1.
VI. Other Business
- Council member attendance at rulemaking public hearings and Ch. 1 Fishing regs adoption
Deputy Commissioner Peabody stated LD 1778 that was passed during the last session made changes to the Maine Administrative Procedures Act. One of those changes added the requirement that in the case of a rule authorized to be adopted by more than one agency member a board or commission consisting of 3 or more members, at least 1/3 of the agency board or commission members shall be present during any public hearing on the rule. The Advisory Council consisted of 11 members, therefore, we would be requiring at least 4 members be present at any of the Department's public hearings for rulemaking. Becky Orff would work with the council when preparing the rulemaking notice and scheduling the hearings. The new law would take effect on September 24, 2025.
Deputy Commissioner Peabody stated we had heard back from the Secretary of States office regarding the adoption of the amendments to the fishing regulations booklet that had an effective date of January 1, 2026. Unless it is specifically stated in the rule language, the effective date of any rule would be 5 days from the date it is filed with the Secretary of States office. We would be recalling the adoption notice and refiling in December for the January 1 effective date. As the fishing regulations booklet was law as printed, in the future, the entire book would be brought before the Council when the amendments were being proposed.
Deputy Commissioner Peabody discussed 4 bills that we would be bringing before the Legislature during the next session. We would be bringing the bill back to move the Maine Natural Areas Program (MNAP) over to IFW. The bill died during the last session. The Commissioners rulemaking authority needed to be reviewed for plants. A bill regarding moose lodge permits would be going forward as a placeholder for possible language changes. There was an errors bill for a couple of corrections and finally the floating home bill. The floating home bill was passed last session. A resolve was created to address mooring issues around the state and a stakeholder group was created. Sebago Lake mooring issues were used as an example. This was related to inland waters only. Many towns did not have enough resources for a harbor master to address many of the ongoing issues.
Deputy Commissioner Peabody stated there were 3 stakeholder groups established during the last legislative session and they were beginning their work. A meeting facilitator was under contract and we would be submitting a draft report as required by law. The groups were to discuss public access and access to Swan Island. Another group would be reviewing the organization of the Wildlife Division. Regarding Freedom of Access requests, a group was being established to look at policies around lists and fees associated with providing those lists and what should be released for personal information.
Eric Ward discussed an email that was received from Jason Bouchard. He had a sporting camp in northern Maine and wanted to become a big game and fur tagging station. Nate Webb had indicated that the Department had responded to him.
Joe Powers stated he thought Jason was conflicted as to why he could just tag bear and not deer and moose and fur as well. Was it the location? People would have to travel to Millinocket or Ashland to tag their game. It would be convenient for trappers and others in the area. He had the capability for the electronic tagging system.
Bob Cordes stated it may be relevant to biological data collection. IFW staff needed to be present for moose and deer tagging to collect samples and it may be an issue of staff time and travel to remote camps. Tooth submissions could be by hunters and teeth could stay preserved, the same for fur.
Joe Powers stated information needed to be relayed to Jason. He was willing to accommodate the Department in whatever they needed. Were there moose registration capabilities at Clayton Lake?
Colonel Scott stated tagging would be the same at Clayton Lake.
VII. Councilor Reports
Councilor Reports were given.
VIII. Public Comments & Questions
Claire Perry stated the stakeholder group meetings were not easily found. She wanted to attend and the meetings should be recorded. She was misrepresented at the Legislature and didnt want that happening again.
Christl Theriault stated the groups were just being formed and we had not scheduled any meeting dates.
Jim Andrews asked what the Councils position was on handling complaints from the public.
Deputy Commissioner Peabody stated the Council was a conduit for the public and the Department.
There were no further questions or comments.
IX. Schedule Date for Next Meeting
The Council would be notified of the next meeting date.
X. Adjournment
A motion was made by Scott Ireland and that was seconded by Joe Powers to adjourn the meeting. The meeting was adjourned at 11:00 a.m.