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.
