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Non-MIA State Statutes, Rules, & Policies

State of Maine, Tribal-State Collaboration- Agency Guidance, November 29, 2022

In this document the Office of the Governor provides a general overview of the Tribal-State Collaboration Act to state agencies.

MITSC letter to the Marine Resources Committee LD 1625

MITSC's January 23, 2014 letter to the Marine Resources Committee regarding LD 1625, An Act To Clarify the Law Concerning Maine's Elver Fishing License.

An Order Recognizing the Special Relationship Between the State of Maine and the Sovereign Native American Tribes Located Within the State of Maine

The Executive Order Governor LePage issued 8/26/11 requiring consultation with the Wabanaki Tribes within the State of Maine "at the earliest possible juncture of the development of any legislation, rules, and policies proposed by the State agency on matters that significantly or uniquely affect those Tribes."

Great Northern Paper v. Penobscot Nation, 770 A.2d 574 (Me. 2001)

Three paper corporations sued the Penobscot Nation and Passamaquoddy Tribe seeking documents under the Maine Freedom of Access Act. The Court had to decide whether the Maine Freedom of Access Act, 1 M.R.S.A. §§ 401-410 (1989 & Supp. 2000), which is ordinarily applicable to municipalities and other components of state government, is applicable to the Penobscot Nation and the Passamaquoddy Tribe. The Court found that when the Tribes are engaged in the deliberative processes of self-governance, the Maine Freedom of Access Act does not apply due to 30 MRSA §6206(1). Conversely, the Court decided when the Passamaquoddy Tribe and Penobscot Nation act in their municipal capacity “with persons or entities other than their tribal membership, such as the state or federal government, the Tribes may be engaged in matters that are not ‘internal tribal matters.’”

MITSC Testimony LD 1456 An Act Regarding the Right of Native Americans to be Issued Hunting, Fishing

The MITSC testimony presented to the Inland Fisheries and Wilflife Committee on LD 1456 An Act Regarding the Right of Native Americans to be Issued Hunting, Fishing and Trapping Licenses.

Preliminary Report of the Wabanaki Studies Commission

This is the preliminary report of the Wabanaki Studies Commission. Their final report is due September 2003.

PL, c. 708 LD 2145 An Act Concerning the Taking of Marine Resources by Members of the Passamaquoddy

Public Law, c. 708 LD 2145 An Act Concerning the Taking of Marine Resources by Members of the Passamaquoddy Tribe was sponsored by Passamaquoddy Tribal Representative Fred Moore. It was an attempt to resolve the dispute between the Passamaquoddy Tribe and State of Maine concerning the taking or marine organisms. This conflict arises from opposing interpretations of how the 1980 federal Maine Indian Claims Settlement Act (MICSA) and the Maine Implementing Act (MIA) impact the Passamaquoddy fishery. The Passamaquoddy Tribe stands on its retained Aboriginal rights to fish within its traditional territory beyond reservation boundaries without interference from the State. They hold that these rights have never been abrogated since they are not mentioned in the extinguishment provisions in the MICSA. The State of Maine maintains that the tribes have no rights except as specified in the MIA and that the State of Maine has the authority to regulate the Passamaquoddy saltwater fishery and prosecute Tribal fishers who fish according to tribal law rather than state law. It became effective April 3, 1998.

Biennial State and Tribal Reports on Tribal-State Collaboration

This section of the Tribal-State Collaboration Act requires state agencies to file biennial reports with relevant state legislative committees and the Maine Indian Tribal-State Commission regarding the agencies compliance with the requirements of the Tribal-State Collaboration Act.

Tribal-State Collaboration Act

This Maine statute establishes a process for consultation between state agencies and the Wabanaki tribes regarding agency programs, rules and services that substantially and uniquely affect the tribes or tribal members. Title 5, Chapter 376, enacted 2021.

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