12 M.R.S. § 6312 — ME Code / Title 12 / Part 9 / Chapter 615 / Section 6312
12 §6312. Saltwater recreational fishing registry
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. [PL 2011, c. 421, §2 (RP).] B. [PL 2011, c. 421, §2 (RP).] C. "Registry" means the registry for persons engaged in saltwater recreational fishing established under subsection 2 . [PL 2009, c. 559, §2 (NEW); PL 2009, c. 559, §4 (AFF).] [PL 2011, c. 421, §2 (AMD).]

2. Saltwater recreational fishing registry established. The commissioner shall administer and maintain a registry of persons who engage in saltwater recreational fishing in the coastal waters of the State. The registry must at a minimum contain the name, address, date of birth and telephone number for each person registered. Only an individual may register. [PL 2011, c. 421, §2 (AMD).]

3. Registration required. Unless the registry is suspended by rule under subsection 16 , a person may not engage in saltwater recreational fishing in the coastal waters of the State or land or possess fish taken from the coastal waters of the State without registering pursuant to this section except that the following persons are exempt from this prohibition : A. A person under 16 years of age; [PL 2009, c. 559, §2 (NEW); PL 2009, c. 559, §4 (AFF).] B. (TEXT EFFECTIVE UNTIL 1/01/26) A passenger on board a vessel captained by an individual who possesses a valid recreational fishing operator's license pursuant to subsection 5 ; [PL 2011, c. 421, §2 (AMD).] B. (TEXT EFFECTIVE 1/01/26) A passenger on board a vessel captained by an individual who possesses a valid for-hire charter boat operator's license pursuant to section 6313 ; [PL 2025, c. 155, §1 (AMD); PL 2025, c. 155, §6 (AFF).] C. A person renting a smelt fishing camp from an operator that possesses a valid recreational fishing operator's license pursuant to subsection 5 ; [PL 2011, c. 421, §2 (AMD).] D. [PL 2011, c. 421, §2 (RP).] E. [PL 2011, c. 421, §2 (RP).] F. [PL 2011, c. 421, §2 (RP).] G. A resident fishing on July 4th, Labor Day weekend or Memorial Day weekend; [PL 2011, c. 421, §2 (AMD).] H. (TEXT EFFECTIVE UNTIL 1/01/26) A person who has employed the guiding services of an individual who possesses a current guide license for tidewater fishing as provided by rule pursuant to section 12853 and a valid recreational fishing operator's license pursuant to subsection 5 ; [PL 2011, c. 421, §2 (NEW).] H. (TEXT EFFECTIVE 1/01/26) A person who has employed the guiding services of an individual who possesses a current guide license for tidewater fishing as provided by rule pursuant to section 12853 and a valid for-hire charter boat operator's license pursuant to section 6313 ; [PL 2025, c. 155, §2 (AMD); PL 2025, c. 155, §6 (AFF).] I. A person fishing from a dock, pier or wharf that is owned by an individual who possesses a valid recreational fishing operator's license pursuant to subsection 5 ; [PL 2011, c. 421, §2 (NEW).] J. A person who holds and presents upon demand a current and valid registration or license to engage in saltwater recreational fishing by a state that has been designated as an exempted state under 50 Code of Federal Regulations, Section 600.1415; [PL 2011, c. 421, §2 (NEW).] K. A person registered on the National Saltwater Angler Registry through the United States Department of Commerce, National Oceanic and Atmospheric Administration; [PL 2011, c. 421, §2 (NEW).] L. A member of the Passamaquoddy Tribe, if the Passamaquoddy Tribe certifies to the commissioner that it will collect the registry data required under subsection 2 from tribal members who engage in saltwater recreational fishing and report the data to the commissioner; [PL 2011, c. 421, §2 (NEW).] M. A member of the Penobscot Nation, if the Penobscot Nation certifies to the commissioner that it will collect the registry data required under subsection 2 from members of the Penobscot Nation who engage in saltwater recreational fishing and report the data to the commissioner; [PL 2011, c. 421, §2 (NEW).] N. A member of the Houlton Band of Maliseet Indians, if the Houlton Band of Maliseet Indians certifies to the commissioner that it will collect the registry data required under subsection 2 from band members who engage in saltwater recreational fishing and report the data to the commissioner; and [PL 2011, c. 421, §2 (NEW).] O. A member of the Mi'kmaq Nation, if the Mi'kmaq Nation certifies to the commissioner that it will collect the registry data required under subsection 2 from nation members who engage in saltwater recreational fishing and report the data to the commissioner. [PL 2011, c. 421, §2 (NEW); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).] Registration does not authorize a person to sell fish taken pursuant to the registry. A person who has indicated on a valid freshwater fishing license issued under Part 13 whether or not the person engaged in saltwater recreational fishing during the prior year is not required to register under this subsection. The Department of Inland Fisheries and Wildlife shall provide registry data from persons exempted under this subsection regarding saltwater recreational fishing by these persons to the department at a time and manner as determined by the department. A person who has indicated on a valid commercial fishing license issued under this Part whether or not the person engaged in saltwater recreational fishing during the prior year is not required to register under this subsection. The department shall collect data regarding saltwater recreational fishing by these persons exempted under this subsection. [PL 2011, c. 421, §2 (AMD); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF); PL 2025, c. 155, §§1, 2 (AMD); PL 2025, c. 155, §6 (AFF).]

3-A. (TEXT EFFECTIVE 1/01/26) Registration required for fishing for halibut. Notwithstanding subsection 3 , an individual fishing for halibut in the coastal waters of the State is required to register and obtain recreational halibut tags. [PL 2025, c. 155, §3 (NEW); PL 2025, c. 155, §6 (AFF).]

4. Striped bass endorsement. [PL 2011, c. 421, §2 (RP).]

5. (TEXT EFFECTIVE UNTIL 1/01/26) Recreational fishing operator's license. The following persons are eligible to hold a recreational fishing operator's license issued by the commissioner: A. A captain of a vessel licensed to carry passengers for hire for saltwater recreational fishing; [PL 2011, c. 421, §2 (AMD).] B. A person operating a business that rents smelt fishing camps for saltwater recreational smelt fishing; [PL 2011, c. 421, §2 (AMD).] C. A person who owns a private dock, pier or wharf and makes that wharf available to customers for the purpose of recreational fishing as part of a commercial enterprise; and [PL 2011, c. 421, §2 (NEW).] D. An individual who possesses a current guide license for tidewater fishing as provided by rule pursuant to section 12853 . [PL 2011, c. 421, §2 (NEW).] A person who holds a recreational fishing operator's license shall collect data from persons who engage in saltwater recreational fishing and report the data to the commissioner as specified by the commissioner by rule. There is no fee for a recreational fishing operator's license. [PL 2011, c. 421, §2 (AMD).]

5. (TEXT EFFECTIVE 1/01/26) Recreational fishing operator's license. The following persons are eligible to hold a recreational fishing operator's license issued by the commissioner: A. [PL 2025, c. 155, §4 (RP); PL 2025, c. 155, §6 (AFF).] B. A person operating a business that rents smelt fishing camps for saltwater recreational smelt fishing; and [PL 2025, c. 155, §4 (AMD); PL 2025, c. 155, §6 (AFF).] C. A person who owns a private dock, pier or wharf and makes that wharf available to customers for the purpose of recreational fishing as part of a commercial enterprise. [PL 2025, c. 155, §4 (AMD); PL 2025, c. 155, §6 (AFF).] D. [PL 2025, c. 155, §4 (RP); PL 2025, c. 155, §6 (AFF).] A person who holds a recreational fishing operator's license shall collect data from persons who engage in saltwater recreational fishing and report the data to the commissioner as specified by the commissioner by rule. There is no fee for a recreational fishing operator's license. [PL 2025, c. 155, §4 (AMD); PL 2025, c. 155, §6 (AFF).]

6. Agent fee. [PL 2011, c. 421, §2 (RP).]

7. Native American. [PL 2011, c. 421, §2 (RP).]

8. Penalty. A person who violates this section commits a civil violation for which a fine of not less than $100 may be adjudged. [PL 2009, c. 559, §2 (NEW); PL 2009, c. 559, §4 (AFF).]

9. Suspension. A person on the registry is subject to the applicable suspension provisions under chapter 617 . [PL 2011, c. 421, §2 (AMD).]

10. Collaboration on outreach efforts. The commissioner shall work with fishing and hunting groups and interested parties in the commissioner's efforts to notify and educate the public about the registry. [PL 2009, c. 559, §2 (NEW); PL 2009, c. 559, §4 (AFF).]

11. Report. The commissioner shall report registry information to the United States Department of Commerce, National Oceanic and Atmospheric Administration in a form and manner as required by the National Oceanic and Atmospheric Administration. [PL 2009, c. 559, §2 (NEW); PL 2009, c. 559, §4 (AFF).]

12. Rules. The commissioner may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 559, §2 (NEW); PL 2009, c. 559, §4 (AFF).]

13. Registration expiration. A registration issued under this section is valid until December 31st of the year in which it was issued. If applicable federal requirements allow, the commissioner may by rule extend the period for which a registration is valid. [PL 2011, c. 421, §2 (NEW).]

14. Registry procedures. A person may register pursuant to this section through an agent appointed by the Department of Inland Fisheries and Wildlife to issue licenses under section 12501 , through a publicly accessible online electronic system for registration operated by the department or at the department through a department employee. [PL 2011, c. 421, §2 (NEW).]

15. Agent fees. A fee may not be charged for registering under this section. A person registering through an agent under section 12501 may be charged an agent fee of $2 if the only transaction conducted by that person is registering on the registry. A person registering on a publicly accessible online electronic system for registration may be charged an agent fee of $1. A person registering at the department with a department employee may be charged an agent fee of $1. [PL 2011, c. 421, §2 (NEW).]

16. Termination of registry requirement. If the Marine Recreational Information Program administered by the United States Department of Commerce, National Oceanic and Atmospheric Administration does not receive funding to conduct surveys and perform data analysis, the department by rule shall suspend the registry. If the department suspends the registry, a person is not required to register under this section in order to engage in saltwater recreational fishing. [PL 2011, c. 421, §2 (NEW).]
12 M.R.S. § 1880 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1880
12 §1880. Control of timber harvesting operations
Status: in_force

1. Restricted zone; timber harvesting. Timber harvesting operations are not permitted within the restricted zone, except: A. By direction of the bureau for the purpose of maintaining healthy forest conditions; or [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] B. By direction of the bureau for the purpose of correcting situations arising from natural disasters. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] [PL 2003, c. 452, Pt. F, §3 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

2. Waterway outside restricted zone. [PL 2003, c. 452, Pt. F, §4 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Restricted zone; herbicides. The spraying of herbicides is prohibited within the restricted zone. [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Restricted zone; aircraft. A person may not fly an aircraft equipped to spray herbicides lower than 500 feet above ground level over any portion of the restricted zone. [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

5. Waterway outside restricted zone. A person may not: A. Commence a timber harvesting operation in the waterway outside the restricted zone without consultation with or, when required under subsection 6, paragraph B , written approval from the bureau; or [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] B. Commence a herbicide application in the waterway outside the restricted zone without written approval from the bureau under subsection 6, paragraph B . [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

6. Operations and application outside restricted zone. The following requirements apply to timber harvesting and herbicide application in the waterway outside the restricted zone. A. Before a timber harvesting operation is commenced in the waterway outside the restricted zone, a management plan must be submitted to the bureau. The plan must contain: (1) A description of the proposed timber harvesting operation that includes the type of cutting; (2) The amount of timber proposed to be removed; (3) The time of year of cutting and removal; (4) The location of principal haul roads and crossings in the waterway to be used in connection with the proposed timber harvesting operation; (5) A plan for reforestation; (6) A stand table indicating species composition, size class and health of the original and residual stands; (7) The expected date of reentry; (8) A pesticide or other chemical treatment planned, excluding the use of herbicides before December 1, 1990; and (9) A plan for mitigating evidence of harvesting. When a permit is not required under paragraph B , those who are submitting the management plan shall cooperate with the bureau to address any concerns of the bureau. [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] B. When the bureau determines that a timber harvesting operation or herbicide application is proposed for an area in the waterway outside the restricted zone and visible from the watercourse, that operation may commence only with approval from the bureau. A request for approval on a form provided by the bureau must be completed and signed by the applicant. This paragraph may not be construed to excuse the applicant from obtaining other permits required by law. [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] C. The bureau shall, within 30 days of receipt of a form requesting approval, either approve in writing the proposed timber harvesting or herbicide application upon terms and conditions the bureau determines are appropriate and reasonable or disapprove the request, setting forth in writing the reasons for the disapproval. If a decision is not made within the 30 days, the request for the timber harvesting operation or herbicide application is considered approved under the provisions of the management plan submitted. [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] D. The bureau shall approve a timber harvesting operation or herbicide application when it finds that the management plan provides for the silvicultural alternative that: (1) Produces the least adverse impact upon the natural character of the area in the waterway outside the restricted zone and visible from the watercourse for which the timber harvesting operation or herbicide application is proposed; and (2) Is economically feasible, except that an applicant may waive the requirement of a finding of economic feasibility. [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] E. Notwithstanding the provisions of paragraph D , the bureau may not deny approval for the removal of trees that are dead, dying or damaged by natural causes. [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] F. Before disapproving a request for approval or imposing terms and conditions under paragraph C , the bureau shall have the request for approval and the management plan reviewed by an experienced professional forester. [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

7. Violations. The following penalties apply to violations of this section. A. Except as otherwise provided in this subsection, a person who violates any provision of this section or rules adopted or permits issued under this section commits a civil violation for which a fine of up to $1,000 for each day of the violation may be adjudged. [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person who intentionally or knowingly falsifies any statement contained in a management plan or application under this section commits a civil violation for which a fine of up to $1,000 may be adjudged. [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. A person who violates the herbicide provisions of this section is subject to the penalties of Title 22, section 1471‑J . [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] In addition, the bureau may in the name of the State institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate any violation of this subchapter or of the rules or permits issued under this subchapter as provided in section 1884 . [PL 2003, c. 452, Pt. F, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]
12 M.R.S. § 6474 — ME Code / Title 12 / Part 9 / Chapter 619 / Section 6474
12 §6474. Fishing without Monhegan trap tags prohibited
Status: in_force

1. Prohibition. A person may not submerge a lobster trap in the Monhegan Lobster Conservation Area unless a lobster trap tag designated for use in the Monhegan Lobster Conservation Area is affixed to the trap. The commissioner shall charge fees and deposit those fees for Monhegan Lobster Conservation Area trap tags in accordance with section 6431‑B . [PL 2001, c. 421, Pt. B, §23 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]

2. Trap tag expiration. Trap tags issued for use during a Monhegan Lobster Conservation Area open season expire upon the closing of that season. [PL 1997, c. 574, §4 (NEW).]

3. Trap tag eligibility for the 1998-99 open season. [PL 2011, c. 486, §7 (RP).]

4. Trap tag eligibility. Except as provided under subsection 5 , the commissioner may not issue Monhegan Lobster Conservation Area trap tags to a person unless that person: A. Registered with the commissioner to purchase Monhegan Lobster Conservation Area trap tags for the prior open season, documents to the commissioner that the person harvested lobsters from the Monhegan Lobster Conservation Area in the prior open season and registers with the commissioner during the period between June 26th and August 1st immediately following the prior open season for Monhegan Lobster Conservation Area trap tags for the subsequent open season; [PL 1997, c. 574, §4 (NEW).] B. Registered with the commissioner to purchase Monhegan Lobster Conservation Area trap tags for the prior open season, documents to the commissioner that that person did not harvest lobsters from the Monhegan Lobster Conservation Area in the prior open season because of an illness or medical condition and registers with the commissioner during the period between June 26th and August 1st immediately following the prior open season for Monhegan Lobster Conservation Area trap tags for the subsequent open season; or [PL 1997, c. 574, §4 (NEW).] C. Meets the requirements of section 6448, subsection 8, paragraph E to enter a limited-entry program established for Monhegan Island pursuant to section 6449 and registers for Monhegan Lobster Conservation Area trap tags. [PL 2011, c. 486, §8 (AMD).] [PL 2011, c. 486, §8 (AMD).]

5. License suspension and eligibility. A person eligible to register for Monhegan Lobster Conservation Area trap tags under subsection 4, paragraph A if not for the suspension of that person's Class I, Class II or Class III lobster and crab fishing license may not, for the purpose of admitting new registrants, be considered to have failed to register pursuant to section 6475, subsection 1, paragraph C , subparagraph (3). Upon reinstatement of that person's license, that person is deemed registered and the commissioner may issue trap tags to that person, unless that person notifies the commissioner before reinstatement that the person chooses to not be registered. [PL 1997, c. 574, §4 (NEW).]

6. Limit on number of registrants. The total number of individuals registered to obtain Monhegan Lobster Conservation Area trap tags may not exceed 17. [PL 2011, c. 486, §9 (AMD).]

7. Periods of registration. Monhegan Lobster Conservation Area registrations are valid as follows. A. [PL 2011, c. 486, §10 (RP).] B. A person registered under subsection 4, paragraph A or B is registered for the entire period from August 1st of the year of registration until the following July 31st. [PL 1997, c. 574, §4 (NEW).] C. A person registered under subsection 4, paragraph C is registered for the entire period from the date of registration until the following July 31st. [PL 1997, c. 574, §4 (NEW).] D. A person registered under section 5 through the reinstatement of a suspended license is registered for the entire period from the date of license reinstatement until the following July 31st. [PL 1997, c. 574, §4 (NEW).] [PL 2011, c. 486, §10 (AMD).]

8. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. [PL 2001, c. 421, Pt. B, §24 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]

9. Exception. Notwithstanding subsection 1 , a person may submerge a lobster trap in the Monhegan Lobster Conservation Area that does not have a trap tag designated for use in the Monhegan Lobster Conservation Area if that person holds a noncommercial lobster and crab fishing license issued pursuant to section 6421, subsection 1, paragraph F and does not otherwise hold a lobster and crab fishing license. [PL 2011, c. 486, §11 (NEW).]
12 M.R.S. § 12657 — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12657
12 §12657. Advance baiting
Status: in_force

1. Prohibition. Except as provided in subsection 2 , a person may not deposit any meat, bones, dead fish, parts of meat, bones, or dead fish or other food for fish for the purpose of luring fish, a practice known as "advance baiting." [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Exception. A person may place food particles in a baitfish trap for the purpose of luring baitfish. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. Penalty. The following penalties apply to violations of this section. A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [PL 2003, c. 655, Pt. B, §279 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. A person who violates subsection 1 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2003, c. 655, Pt. B, §279 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §279 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 6072-A — ME Code / Title 12 / Part 9 / Chapter 605 / Section 6072-A
12 §6072-A. Limited-purpose lease for commercial or scientific research
Status: in_force

1. Authority. The commissioner may issue a limited-purpose lease for areas in, on and under the coastal waters, including the public lands beneath those waters and portions of the intertidal zone, for commercial aquaculture research and development or for scientific research. The commissioner or the deputy commissioner acting on the commissioner's behalf may authorize in writing qualified professional department staff to issue a final decision and sign a lease document on an application for a limited-purpose lease. A decision issued by department staff pursuant to this subsection is a final agency action with respect to that lease application. A. [PL 2013, c. 509, §3 (RP).] B. [PL 2013, c. 509, §3 (RP).] [PL 2013, c. 509, §3 (AMD).]

2. Suspended culture. A person issued a limited-purpose lease under this section may construct or operate in the coastal waters of the State a facility for the culture of finfish in nets, pens or other enclosures or for the suspended culture of any other marine organism. [PL 1997, c. 231, §6 (NEW).]

3. Limit on duration. A limited-purpose lease may not be issued for a period greater than 3 years. [PL 1997, c. 231, §6 (NEW).]

4. Size limitation. A limited-purpose lease may not be issued for an area in excess of 4 acres. [PL 2009, c. 229, §4 (AMD).]

5. Notice of application. Upon determining that an application is complete, the commissioner shall provide notice of a limited-purpose lease application to owners of riparian land within 1,000 feet of the proposed location of the lease and to the municipal officers of the municipality in which the limited-purpose lease activity would take place. The applicant shall provide the names and addresses of known owners of riparian land within 1,000 feet of the proposed location of the lease. The names and addresses must be taken from the current property tax roster on file at the local municipal office or, for an unorganized territory, with the Department of Administrative and Financial Services, Bureau of Revenue Services. The commissioner shall publish a summary of the application in a newspaper of general circulation in the area proposed for a limited-purpose lease. The commissioner may require the applicant to reimburse the department for costs incurred by the department in providing public notice under this subsection. A person may provide comments to the commissioner on the proposed limited-purpose lease by the 30-day deadline specified in the applicable notice to owners of riparian land or municipal officers or within 30 days of publication of the limited-purpose lease summary. [PL 2023, c. 564, §9 (AMD).]

6. Public hearing. The commissioner may hold a public hearing on the proposed limited-purpose lease. The commissioner shall hold a public hearing if 10 or more persons request a public hearing within the 30-day comment periods provided in subsection 5 . [PL 2023, c. 564, §10 (AMD).]

7. Notice of public hearing. The commissioner shall provide notice of a public hearing to owners of riparian land within 1,000 feet of the proposed location of the lease and to the municipal officers of the municipality in which the limited-purpose lease activity would take place. The commissioner shall publish notice of a public hearing in a newspaper of general circulation in the area proposed for a limited-purpose lease at least 30 days before the hearing. The commissioner may require the applicant to reimburse the department for costs incurred by the department in providing public notice under this subsection. [PL 2021, c. 52, §11 (AMD).]

8. Rules; general and lease application. The commissioner may adopt rules to implement the provisions of this section. Within 180 days of the effective date of this section, the commissioner shall adopt rules regarding a limited-purpose lease application. The rules must require an applicant to, at a minimum, meet the requirements of section 6072, subsection 2, paragraph E and section 6072, subsection 4, paragraphs A , B , C , E , F , G and J . The rules must also require an applicant to provide to the department proof of access to the lease area. If access will be across riparian land, the applicant shall provide to the department the written permission of every riparian owner whose land will be used to access the lease area. The commissioner may adopt rules to add or delete authorization for the holder of an aquaculture lease that is held only for scientific research purposes to grow specific species and to use specific gear on the lease site. A change in authorization is not an adjudicatory proceeding. The rules must provide for notice of proposed changes in gear authorization to the public, riparian landowners and the municipality in which the lease is located and an opportunity to submit written comments on the proposal. Authorization to add species or gear must be consistent with the findings made under subsection 13 when the lease was approved. [PL 2021, c. 168, §1 (AMD).]

9. Application information. A person who applies for a lease in an area for which that person has been issued an emergency aquaculture lease under section 6072‑B may submit any information utilized in applying for an emergency aquaculture lease to meet the application requirements of this section. If the commissioner determines the information is not valid or relevant to a lease application under this section, the commissioner must require a person to submit additional information. [PL 1997, c. 231, §6 (NEW).]

10. Assessment of proposed activities. Within 180 days of the effective date of this section, the commissioner shall by rule establish a method for conducting an assessment of the proposed limited-purpose lease site and surrounding area to determine the possible effects of the proposed limited-purpose lease activity on commercially and ecologically significant flora and fauna and conflicts with traditional fisheries. The rules must establish levels of assessment appropriate to the scale or potential environmental risk posed by a proposed limited-purpose lease activity. The rules must provide a method for establishing a baseline to monitor the environmental effects of a limited-purpose lease activity. [PL 1997, c. 231, §6 (NEW).]

11. Municipal approval. In any municipality with a shellfish conservation program under section 6671 , the commissioner may not issue a limited-purpose lease under this section for the intertidal zone within the municipality without the consent of the municipal officers. [PL 1997, c. 231, §6 (NEW).]

12. Preference. If more than one person applies to lease an area, preference must be given as follows: A. First, to the department; [PL 1997, c. 231, §6 (NEW).] B. Second, to the riparian owner of the intertidal zone in which the leased area is located; [PL 1997, c. 231, §6 (NEW).] C. Third, to a person who fishes commercially and who has traditionally fished in or near the proposed lease area; and [PL 1997, c. 231, §6 (NEW).] D. Fourth, to the riparian owner within 100 feet of leased coastal waters. [PL 1997, c. 231, §6 (NEW).] [PL 1997, c. 231, §6 (NEW).]

13. Decision. The commissioner may grant a lease if a proposed project: A. Will not unreasonably interfere with the ingress and egress of riparian owners; [PL 1997, c. 231, §6 (NEW).] B. Will not unreasonably interfere with navigation; [PL 1997, c. 231, §6 (NEW).] C. Will not unreasonably interfere with fishing or other uses of the area taking into consideration the number and density of aquaculture leases in an area; [PL 1997, c. 231, §6 (NEW).] D. Will not unreasonably interfere with the ability of the lease site and surrounding areas to support existing ecologically significant flora and fauna; [PL 1997, c. 231, §6 (NEW).] E. The applicant has demonstrated that there is an available source of organisms to be cultured for the lease site; and [PL 1997, c. 231, §6 (NEW).] F. The lease does not unreasonably interfere with public use or enjoyment within 1,000 feet of municipally owned, state-owned or federally owned beaches and parks or municipally owned, state-owned or federally owned docking facilities. [PL 1997, c. 231, §6 (NEW).] The commissioner may by rule develop criteria for an applicant to meet the terms of this subsection. [PL 1997, c. 231, §6 (NEW).]

14. Fee. The commissioner shall by rule determine the rental fee for a limited-purpose lease. [PL 1997, c. 231, §6 (NEW).]

15. Conditions. The commissioner may establish conditions that govern the use of the leased area and limitations on the aquaculture activities. These conditions must encourage the greatest multiple, compatible uses of the leased area, but must also address the ability of the lease site and surrounding area to support ecologically significant flora and fauna and preserve the exclusive rights of the lessee to the extent necessary to carry out the lease purpose. The commissioner may grant the lease on a conditional basis until the lessee has acquired all the necessary federal, state and local permits. [PL 2003, c. 660, Pt. A, §15 (AMD).]

16. Statement of rights conveyed. The commissioner shall include the following statement in a lease issued under this section: "A limited-purpose lease for scientific research or commercial aquaculture research and development conveys only those rights specified in the lease." [PL 1997, c. 231, §6 (NEW).]

17. Actions required of lease holder. [PL 2003, c. 247, §12 (RP).]

17-A. Notification of granted leases. After the granting of a limited-purpose lease: A. The department shall notify all riparian owners, intervenors and the municipality in which the lease is located that a lease has been granted. The notice must include a description of the area and how a copy of the lease may be obtained; [PL 2003, c. 247, §13 (NEW).] B. The lessee shall mark the leased area in a manner prescribed by the commissioner; [PL 2009, c. 240, §9 (AMD).] C. Until October 1, 2023, the lessee shall annually submit to the commissioner a report for the past year on results of the commercial research and development undertaken at the lease site and a plan for the coming year. Results of commercial research and development submitted to the commissioner before October 1, 2023 are confidential records for the purposes of Title 1, section 402, subsection 3, paragraph A ; [PL 2023, c. 207, §6 (AMD).] C-1. The holder of a limited-purpose lease for scientific research shall annually submit to the commissioner a report for the past year on results of the scientific research undertaken at the lease site and a plan for the coming year. Upon written request, the commissioner shall provide a copy of the report to the municipality or municipalities in which or adjacent to which the lease is located; and [PL 2023, c. 207, §6 (NEW).] D. Until October 1, 2023, the lessee shall annually submit to the department a seeding and harvesting report for the past year and a seeding and harvesting plan for the coming year. Upon written request, the commissioner shall provide a copy of the report to the municipality or municipalities in which or adjacent to which the lease is located. The seeding and harvesting reports submitted by a lessee under this paragraph before October 1, 2023 are considered confidential statistics for the purposes of section 6173 . [PL 2023, c. 207, §6 (AMD).] [PL 2023, c. 207, §6 (AMD).]

18. Scientific lease renewal. [PL 2025, c. 389, §3 (RP).]

18-A. Scientific lease renewal. A limited-purpose lease for scientific research may be renewed. The commissioner shall renew the lease if: A. The commissioner receives, prior to the expiration of a lease, an application for renewal that includes information on the type of aquaculture research to be conducted during the new lease term. If the renewal application is received after the expiration of a lease but within 30 days of the date of expiration, the application must include a nonrefundable $500 late fee in order for the application to be accepted. The late fee may be waived if a substantial illness or medical condition prevented the leaseholder from submitting the application within 30 days of the date of expiration. The leaseholder shall provide the commissioner with documentation from a physician describing the substantial illness or medical condition. The commissioner may not process applications received more than 30 days after the expiration of a lease, and the lease expires; [PL 2025, c. 389, §4 (NEW); PL 2025, c. 389, §7 (AFF).] B. The lessee has complied with the lease agreement during the term of the lease. The department shall consider the compliance record of the leaseholder and information received from the public in making this determination. For the purposes of this paragraph, "compliance record" means department aquaculture reports and enforcement actions as they relate to the operation of an aquaculture lease; [PL 2025, c. 389, §4 (NEW); PL 2025, c. 389, §7 (AFF).] C. The commissioner determines that renewal of the lease is in the best interest of the State; [PL 2025, c. 389, §4 (NEW); PL 2025, c. 389, §7 (AFF).] D. Except as provided in section 6072, subsection 13‑A , the renewal will not cause the lessee to become a tenant of any kind in leases covering an aggregate of more than 500 acres; and [PL 2025, c. 389, §4 (NEW); PL 2025, c. 389, §7 (AFF).] E. Research has been conducted during the term of the lease. [PL 2025, c. 389, §4 (NEW); PL 2025, c. 389, §7 (AFF).] If a person who holds a lease pursuant to this section applies to renew the lease, the lease remains in effect until the commissioner makes a decision on the renewal application. If the renewal is denied, the lease expires 120 days after the date of the commissioner's decision and the leaseholder is responsible for removing all gear and products. If a renewal application is not received by the department 30 days after the expiration of a lease, the leaseholder is responsible for removing all gear and products within 120 days. When aquaculture research has not been routinely or substantially conducted on a lease that is proposed for renewal, the commissioner may renew the lease, as long as the proposed renewal continues to meet the criteria for approval described in subsection 13 . [PL 2025, c. 389, §4 (NEW); PL 2025, c. 389, §7 (AFF).]

19. Commercial lease not renewable. A limited-purpose lease for commercial aquaculture research and development may not be renewed. [PL 1997, c. 231, §6 (NEW).]

20. Extension of commercial lease. If a person who holds a limited-purpose lease for commercial aquaculture research and development submits an application under section 6072 for that lease area or a portion of that area before the expiration of that limited-purpose lease, and if the commissioner's decision under section 6072 occurs after the expiration of that limited-purpose lease, the lease remains in effect until the commissioner makes a decision. If the commissioner grants that person a lease under section 6072 , that person's limited-purpose lease remains in effect until the effective date of the lease issued under section 6072 . If the commissioner denies that person a lease under section 6072 , that person's limited-purpose lease remains in effect until 30 days after the commissioner's decision. [PL 2011, c. 93, §6 (AMD).]

20-A. Extension for conversion of a commercial lease. If a person who holds a limited-purpose lease for commercial aquaculture research and development submits an application under section 6072, subsection 12‑D for that same lease area and the same operations before the expiration of that limited-purpose lease, or within 30 days of the expiration and accompanied by a nonrefundable late fee of $500, and if the commissioner does not make a decision under section 6072, subsection 12‑D before the expiration of that limited-purpose lease, the limited-purpose lease remains in effect until the commissioner makes a decision under section 6072, subsection 12‑D . The late fee may be waived if a substantial illness or a medical condition prevented the leaseholder from submitting the application within 30 days of the date of expiration. The applicant shall provide the commissioner with documentation from a physician describing the substantial illness or medical condition. If the commissioner grants the person a lease under section 6072, subsection 12‑D , that person's limited-purpose lease remains in effect until the effective date of the lease issued under section 6072, subsection 12‑D . If the commissioner denies that person a lease under section 6072, subsection 12‑D , that person's limited-purpose lease remains in effect until 120 days after the commissioner's decision. The commissioner may not process applications under section 6072, subsection 12‑D received more than 30 days after the expiration of a lease, and the leaseholder is responsible for removing all gear and products within 120 days. [PL 2025, c. 389, §5 (AMD); PL 2025, c. 389, §7 (AFF).]

21. Monitoring lease. [PL 2003, c. 247, §14 (RP).]

22. Monitoring and revocation of leases. The department shall monitor a lease under this section on an annual basis. If aquaculture has been conducted in a manner substantially injurious to marine organisms, if no substantial aquaculture or research has been conducted over the course of the lease or if any condition of the lease has been violated, the commissioner may initiate revocation proceedings and revoke the lease. The department shall hold a hearing with public notice prior to revoking any lease. A lease revocation is an adjudicatory proceeding under Title 5, chapter 375, subchapter 4 . [PL 2003, c. 247, §15 (NEW).]

23. Restitution. A person who cuts any lines or marker buoys or intentionally damages approved aquaculture gear commits a civil violation for which a fine of not less than $100 for each violation may be adjudged. In addition, the court shall: A. Order that person to pay to the owner of the approved aquaculture gear that was cut or damaged an amount equal to twice the replacement value of the gear that was damaged or lost as a result of the cutting or damaging action; and [PL 2005, c. 92, §4 (NEW).] B. Direct that person to provide the commissioner, upon making full payments as ordered by the court, proof of that payment. [PL 2005, c. 92, §4 (NEW).] [PL 2005, c. 92, §4 (NEW).]

24. Violation. A person who violates a condition of a lease under this section commits a civil violation for which a fine of not less than $100 for each violation may be adjudged. [PL 2013, c. 509, §5 (NEW).]

Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 231, §6 (NEW).]
12 M.R.S. § 6072-D — ME Code / Title 12 / Part 9 / Chapter 605 / Section 6072-D
12 §6072-D. Aquaculture Management Fund
Status: in_force

1. Fund established. The Aquaculture Management Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing fund within the department. All income received by the commissioner under this section must be deposited with the Treasurer of State. Any balance remaining in the fund at the end of a fiscal year does not lapse and must be carried forward to the next fiscal year. Any interest earned on assets of the fund is credited to the fund. [PL 2003, c. 660, Pt. A, §16 (NEW).]

2. Fees. In accordance with the authority of the commissioner to levy lease rents pursuant to section 6072, subsections 9 and 13 and section 6072‑A, subsection 14 and application fees pursuant to section 6072, subsections 4 , 12 and 12‑A , the commissioner shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A to implement a fee structure for lease rents and application fees that are in addition to the minimum lease rents and application fees that are in effect on the effective date of this subsection. Any rent or fee assessed pursuant to this subsection that is in addition to the fees that are in effect on the effective date of this subsection must be credited to the fund. A person who does not pay the rent or fee commits a civil violation for which a fine of not more than $1,000 may be adjudged. [PL 2003, c. 660, Pt. A, §16 (NEW).]

3. Additional revenues. The commissioner may expend annual revenues that are in excess of the operating expenses of a program under subsection 4 to address matters that the commissioner determines are of an emergency nature to the State's aquaculture industry, to address matters that the commissioner determines are of long-term interest to the State's aquaculture industry and to rebate revenues to all those persons who paid fees under subsection 2 . The fund may receive money from any source for the purposes of this subsection. [PL 2003, c. 660, Pt. A, §16 (NEW).]

4. Uses of fund. The commissioner may make expenditures from the fund to develop and manage effective and cost-efficient water quality licensing and monitoring criteria, analyze and evaluate monitoring data, process lease applications and make information about aquaculture available to the public. [PL 2003, c. 660, Pt. A, §16 (NEW).]

5. Reports. The commissioner shall report annually to the Aquaculture Advisory Council under section 6080 on all expenditures made from the fund in the previous fiscal year and a summary of work accomplished and planned. [PL 2011, c. 598, §7 (AMD).]
12 M.R.S. § 10103 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10103
12 §10103. Duties
Status: in_force

In addition to other duties set out in this Part, the commissioner has the following duties. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

1. Appointment of deputy. The commissioner shall appoint, to serve at the commissioner's pleasure, the Deputy Commissioner of Inland Fisheries and Wildlife, who must be qualified by training and experience in fisheries and wildlife management or conservation law enforcement. Under the commissioner's direction, the deputy commissioner assists in the administration of the department. The deputy commissioner serves as the commissioner if the commissioner is disabled or absent or if the office of the commissioner becomes vacant. The commissioner may appoint an appropriate administrative officer in the department to perform the functions of the commissioner if both the commissioner and deputy commissioner are disabled or absent. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Administration and enforcement. Except as provided by statute, the commissioner has general supervision of the administration and enforcement of the inland fisheries and wildlife laws and has the responsibility for the management of all inland fish and wildlife in the State. The commissioner has responsibility for investigations carried out on behalf of the State in matters related to the status and needs of any inland fisheries and wildlife species and is the representative of the State in providing information associated with the status and needs of these natural resources to municipalities, political subdivisions of the State and the Federal Government. The commissioner is authorized to enter into an interstate wildlife violator compact to promote compliance with the laws, regulations and rules that relate to the management of wildlife resources in the respective member states and may adopt rules necessary to implement certain provisions of the compact. [PL 2011, c. 220, §1 (AMD).]

3. Employment of personnel. The commissioner shall employ, subject to the Civil Service Law, such employees as are necessary to carry out the duties of the department, except that persons in the following positions are appointed by and serve at the pleasure of the commissioner: deputy commissioner; Game Warden Colonel; and Assistant to the Commissioner for Public Information. The Game Warden Colonel is appointed from among the game wardens of the department. In the event that the Game Warden Colonel is not reappointed, the Game Warden Colonel has the right to be restored to the classified position from which the Game Warden Colonel was promoted or to a position equivalent in salary grade in an agency, without impairment of personnel status or the loss of seniority, retirement or other rights to which uninterrupted service in the classified position would have entitled the Game Warden Colonel. If service in that unclassified supervisory position is terminated for cause, the right to be restored to that position must be determined by the State Civil Service Appeals Board. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

4. Report to Governor. The commissioner shall make a report to the Governor on or before the 31st day of December of each year for the year ending the previous June 30th. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

5. Code of operating procedure of warden service. The commissioner shall prepare a written code covering the operating procedure of the warden service that is consistent with the Civil Service Law and contractual agreements. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

6. Administration of department. The commissioner shall adopt written policies establishing procedures to control the use of department equipment and vehicles. The commissioner shall review and control all administrative expenses, including reimbursement of moving expenses. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

7. Copies of laws for town clerks or agents. [PL 2007, c. 539, Pt. E, §2 (RP).]

8. Biennial revision of fish and wildlife laws. As soon as practicable after the adjournment of the Legislature, the Revisor of Statutes, with the assistance of the commissioner, shall issue a revision of all the public laws relating to inland fisheries and wildlife. The revision must be printed in a pamphlet of the same size pages as the Maine Revised Statutes Annotated, and its printing and distribution must be the same as that of the biennial laws, except that the commissioner may issue as many extra copies of this Part as necessary in a pamphlet of whatever size seems best to inform the people about the fish and wildlife laws. Fees may be established to offset the cost of printing extra copies of this Part as provided in this subsection. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §18 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

9. Availability of financial statement. The commissioner shall make the annual financial statement for the department available for public inspection within 180 days after the close of the fiscal year that is the subject of the report. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

10. Water level danger zones. The commissioner may establish, in accordance with section 10104, subsection 1 , water level danger zones. These zones are areas of rivers and streams below water impoundment that are subject to rapidly changing water levels. The commissioner may adopt rules to protect individuals using those areas for hunting, fishing, trapping and boating purposes. The commissioner may not regulate the flow of water under this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §19 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

11. Report to Legislature. The commissioner shall submit an annual report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters. This report must identify all specific extended responsibility services provided by the department to individuals who do not pay a particular fee to the department for the provision of that service, including all search and rescue activities conducted by the department. This report must include an estimate of the total cost of providing the identified extended responsibility services. The report must be submitted on or before January 1st of each year. Upon receipt of the report, the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters shall give separate consideration to funding the department's estimated cost of providing the identified extended responsibility services. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

12. Criminal history record information. The commissioner shall collect and maintain criminal history record information pertinent to violations of this Part. The commissioner may collect and maintain other records and information pertinent to other functions of the department, including the enforcement of civil violations. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 549-B — ME Code / Title 12 / Part 2 / Chapter 201-A / Section 549-B
12 §549-B. Exploration permits, exploration claims and mining leases
Status: reserved

1. Authority to explore. An individual over 18 years of age or other person may enter upon state lands, including lands held under specific trust instruments when the trust is consistent with mineral development, on receipt of an exploration permit from the director of the survey for the purpose of exploration, unless otherwise indicated in this subchapter. An exploration permit must be issued upon payment of a fee of $20 and applies to state lands only. An exploration permit must bear a number and the date of issue of the permit and expires at midnight on the next June 30th. The holder of an exploration permit is entitled to a renewal of the permit upon expiration of the permit, by making application to the director of the survey on or before June 30th, including payment of the prescribed fee. The renewal takes effect on July 1st, and the renewed permit must bear the same number as the expired permit. If machinery or explosives are to be used for exploration on state lands, the methods to be employed and the amount of explosives to be allowed must first be approved by the director of the survey and the director of the agency having jurisdiction over the state land. The use of machinery or explosives may be approved only where it will be done in harmony with the activities of the agency having jurisdiction over the state land and will not result in environmental harm. [RR 2021, c. 2, Pt. B, §5 (COR).]

2. Exploration for and mining of hydrocarbons. The director of the survey and the Director of the Bureau of Parks and Lands may promulgate rules governing exploration and mining of hydrocarbons on all lands within the jurisdiction of the State, public and private, in order to prevent the waste of hydrocarbons and to protect correlative rights and natural resources. The directors may promulgate rules on all lands in the State to specify the size of the area of exploration, the amount charged for exploration permits and exploration claims, the duration of those permits and claims and other matters related to the exploration and mining of hydrocarbons on state lands. [PL 1985, c. 201, §2 (NEW); PL 1995, c. 502, Pt. E, §30 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

3. Location of exploration claim and maintenance of rights of possession. Any person or corporation which has secured an exploration permit may locate one or more exploration claims by defining the boundary lines of the claim or claims. No exploration claim may be smaller than 20 acres, except in cases where only a smaller area is available in a parcel of state-owned land. The location or record of any exploration claim shall be construed to include all surface found within the surface boundary lines, and all ledges throughout their entire vertical depth, but shall not include any portion of the ledges beyond the end and sidelines of the exploration claim or timber or growth on the exploration claim. As nearly as circumstances permit, an exploration claim shall be staked out in the following manner: A. By erecting a post or other reasonably permanent monument at each of the corners of the exploration claim. Each post or monument must stand not less than 4 feet above the ground, may not be less than 4 inches in diameter and must bear the following information: the name of the locator; the number of the locator's exploration permit; the date of the staking; and, if the exploration claim is staked on behalf of another person, the name of the other person and the number of that person's exploration permit; [RR 2021, c. 2, Pt. B, §6 (COR).] B. By plainly marking the trees with paint and by trimming the underbrush along the boundary lines of the exploration claim to indicate clearly the outlines of the exploration claim. Where there are no trees or underbrush, by piling stones or placing pickets at reasonable intervals along the boundary lines of the exploration claim; or [PL 1985, c. 201, §2 (NEW).] C. By establishing post or buoy markers to witness exploration claim corners which fall in a body of water, by placing posts on dry land and marking on the posts exact distances and directions to over-water exploration claim corners or by such other methods as the director of the survey may by regulation establish. [PL 1985, c. 201, §2 (NEW).] Any person who has located and recorded any exploration claim or claims shall, subject to this subchapter, have the right of possession of the premises covered by that exploration claim or claims, for the purpose of conducting exploration activities on those premises. The right of possession shall be alienable in the same manner as real estate. No alienation or transfer of the rights of possession conferred by a located and recorded exploration claim may be effective until the transferor has notified the director of the survey of the transfer and has received an acknowledgment by the director of the survey in writing of receipt of the notification. The director of the survey shall make an acknowledgment within 30 days of the receipt of the notice. Without the express prior written consent of the director of the survey and the agency of the State having jurisdiction over the state land, granted for good cause, the exploration claim shall in no way interfere with conservation, recreation, harvesting timber, leasing campsite lots or other activities of the agency having jurisdiction. [RR 2021, c. 2, Pt. B, §6 (COR).]

4. Recording of exploration claim. No person may have the right of possession of any exploration claim until the exploration claim has been recorded with the director of the survey. The explorer who first records with the director of the survey a validly-staked exploration claim or claims shall be deemed the claim holder of record for the purposes of this subchapter. The record shall contain: A. The name of the claimant; [PL 1985, c. 201, §2 (NEW).] B. A general description of the minerals or metals sought; [PL 1985, c. 201, §2 (NEW).] C. The date of location and a description of the exploration claim as follows: (1) A reference, using magnetic bearings and distances, to the natural object, permanent monument or survey corner of the state-owned parcel as will identify the claim; and (2) A description, using magnetic bearings and distances, of each sideline and corner of the exploration claim; and [PL 1985, c. 201, §2 (NEW).] D. A United States Geological Survey quadrangle base map and an aerial photograph of a scale that shows with reasonable accuracy the outline location and corners of the exploration claim in relation to the state-owned parcel and prominent natural objects or permanent structural features so that the exploration claim may be located on the ground by the director of the survey or the director's representatives. [RR 2021, c. 2, Pt. B, §7 (COR).] [RR 2021, c. 2, Pt. B, §7 (COR).]

5. Fees and terms of exploration claim. The fees and terms of exploration of any claim shall be as follows. A. The fee for recording, renewing, transferring or changing the size of a claim is $100, which shall be paid to the director of the survey. [PL 1985, c. 201, §2 (NEW).] B. The term of the exploration claim is one year and is renewable for 5 years from the initial date of recording by written notice to the director of the survey before June 30th. For claims recorded after April 1st and before June 30th, the first renewal notice is due on the 2nd June 30th following the recording of the claim. At the end of the 5-year period, any title to the claim lapses, unless a mining lease has been issued by the State under this subchapter. The director of the survey may, upon application and for good cause, grant an extension for an additional period not to exceed 2 years. Upon lapse or filing of notice of abandonment of a claim, a person holding the claim immediately prior to the date of the lapse of abandonment, or that person's representative, partner, affiliate or leasing associate, may not relocate on the same area for a period of 60 days. [RR 2021, c. 2, Pt. B, §8 (COR).] C. In addition to the recording fee, a rental fee shall be levied from the date of recordation of the claim as follows: First year $.25 per acre 2nd year $.75 per acre 3rd year $1.50 per acre 4th year $2.50 per acre 5th year $5.00 per acre 6th year $20.00 per acre 7th year $30.00 per acre The rental fee payment for the first year shall be due on the date of recordation of the claim. The rental fee payment for the 2nd year and for each year the claim is in effect shall be due on the June 30th which precedes the year for which the payment is due and shall be paid to the director of the survey. For claims recorded after April 1st and before June 30th, the 2nd rental fee payment shall be due on the 2nd June 30th following. [PL 1985, c. 201, §2 (NEW).] D. An affidavit of investigatory and exploratory work must be filed each year with the director of the survey on June 30th. At the time of filing that affidavit, the claimant shall demonstrate to the director that investigatory work has been performed on that claim at a rate of at least $5 per acre during the year ending June 30th. For claims recorded after April 1st and before June 30th, the first affidavit of investigatory and exploratory work must be filed on the 2nd June 30th following. All work done must be described in the affidavit and include work that tends to reveal such characteristics of the material sought as length, width, depth, thickness, tonnage and mineral or metal content, or, with respect to nonmetallic minerals, other physical characteristics of the deposit relating directly to the commercial exploitation of the deposit and such other information relating to the exploration work as the director of the survey may require. During the period of time in which the claim is in effect, this information is confidential and may not be disclosed, except that the information may be shared with other governmental agencies. [PL 2009, c. 567, §4 (AMD).] E. The failure to comply with any of the requirements of this subsection operates as a forfeiture of the claim or claims. Written notice of the forfeiture must be sent by registered or certified mail to the claimant's last known address. A claimant who is aggrieved may file a written petition for a hearing before the director of the survey within 14 days after notice of forfeiture has been given. If the claimant files a petition for a hearing with the director of the survey within the 14-day period, the director of the survey shall, within 30 days, grant a hearing on the forfeiture and give the claimant 10 days' notice of the time and place of the hearing. For good cause, the director of the survey may extend the time for filing the petition. If the claimant is aggrieved by the decision of the director of the survey resulting from the hearing, the claimant may, within 30 days after the date of the decision, appeal to the Superior Court by filing a claim. The court shall fix a time and place for hearing and send notice of the hearing to the director of the survey and, after hearing, the court may affirm or reverse the decision of the director of the survey. The decision of the court is final. During the pendency of all proceedings under this paragraph, a person may not lay claim to the area of dispute. The director of the survey may perform the duties of this paragraph personally or through the director's designee. [RR 2021, c. 2, Pt. B, §9 (COR).] F. Within 6 months of the lapse or termination of a validly located exploration claim or claims, the owner of the claim or claims shall provide to the director one copy of all factual data acquired during exploration of that claim or claims. The factual data shall include, but not be limited to, all geologic maps, drill logs, assay or other analytical data, geochemical maps, geophysical data and metallurgical or other laboratory tests, but shall not include interpretive reports derived from that data. [PL 1985, c. 201, §2 (NEW).] [RR 2021, c. 2, Pt. B, §§8, 9 (COR).]

6. Land use ruling. Any person with a recorded exploration claim shall make application to the director of the agency having jurisdiction over the state lands on which the claim is located for a ruling on the question of whether mining operations can be carried on consistent with any prior or proposed other use by the State or any agency or instrumentality of the State. Such a ruling, that mining operations can be carried on, shall not be made without consulting the director of the survey. No mining lease may be issued under this subchapter without a land use ruling which answers the question in this subsection in the affirmative. A public hearing shall be held prior to any ruling required under this subsection. The ruling shall be made within 180 days of the date of the application and when obtained shall be binding and irrevocable for such period of time as the applicant and the State may agree. [PL 1985, c. 201, §2 (NEW).]

7. Mining lease. Mining leases may be applied for and granted as follows. A. Any person with a valid recorded exploration claim in accordance with this subchapter may make application for a mining lease to the director of the agency having jurisdiction over the state lands on which the mining lease is sought. The application must be accompanied by a report from a certified or licensed geologist or mining engineer containing all information of a geologic, engineering and operational nature that is required by the director of the survey or the director of the agency having jurisdiction over the state lands on which the mining lease is sought to properly evaluate the application and an accurate survey of the property boundaries certified by a registered surveyor and evidence of ability to finance the proposed mining operations. [PL 2019, c. 285, §3 (AMD).] B. The director of the agency having jurisdiction over these state lands shall hold a hearing for the purpose of hearing evidence on whether to grant or deny a mining lease to mine under this section. The hearing shall be held within 90 days of receipt of the application and notice of the date, time and place shall be given to the applicant and public notice shall be made by causing publication of the notice twice in a newspaper of general circulation in the proposed locality or, if none, in the state paper. The date of first publication shall be at least 10 days and the last publication shall be at least 3 days before the date of the hearing. [PL 1985, c. 201, §2 (NEW).] C. A decision in accordance with this subsection shall be issued within 120 days of the date of the hearing. [PL 1985, c. 201, §2 (NEW).] C-1. Notwithstanding any other provision of law to the contrary, the director of the agency having jurisdiction over the state lands on which a mining lease is sought may not grant a mining lease under this section that authorizes mining operations proposed to be located wholly or partially in, on or under any of the following state lands: (1) Designated lands under section 598‑A ; (2) Historic sites as defined in section 1801, subsection 5 ; (3) Parks as defined in section 1801, subsection 7 ; (4) Public reserved lands as defined in section 1801, subsection 8 ; (5) Submerged lands as defined in section 1801, subsection 9 ; (6) The Allagash Wilderness Waterway as established under chapter 220, subchapter 6 ; and (7) State-owned wildlife management areas acquired in accordance with section 10109, subsection 1 . [PL 2017, c. 142, §1 (NEW).] D. The director of the agency having jurisdiction over the state lands, with the consent of the director of the survey, may issue a mining lease subject to such terms and conditions as the directors may determine. [PL 1985, c. 201, §2 (NEW).] E. If a lease is issued, the lessee shall be required to provide a bond in an amount determined by the director of the agency having jurisdiction over the state-owned lands to be necessary to reclaim the area mined and to protect against damage that may be caused to any property located outside the leased area by the lessee's mining operations or, in lieu of a bond, other security determined by the director of the agency having jurisdiction over the state-owned lands to provide the same protection as a bond. [PL 1985, c. 201, §2 (NEW).] [PL 2019, c. 285, §3 (AMD).]

8. Common and undivided interests. The director of the survey and the Director of the Bureau of Parks and Lands, acting jointly, may, by regulation, establish procedures for the filing of exploration claims and issuance of exploration permits and leases covering state-owned public lands, including public reserved lands, which are comprised of state-owned common and undivided interests. The regulations may condition the issuance of an exploration permit or mining lease and the filing of an exploration claim upon the consent of a majority of the private common and undivided ownership of the parcel of land to which the exploration permit, exploration claim or mining lease relates. Any permit or lease issued under this section shall extend only to the common and undivided interest of the State. Any partition occasioned by a negative ruling under subsection 6 or 7 shall be conducted with reasonable expedition. In any partition or location of public reserved land, the Bureau of Parks and Lands may accept a partition of the surface estate and continue as a cotenant in all or a portion of the mineral estate. [PL 1985, c. 201, §2 (NEW); PL 1995, c. 502, Pt. E, §30 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

9. Royalty. Royalty payments shall be made as follows. A. The holder of a lease to mine shall make royalty payments annually or more frequently if so specified in the lease. [PL 1985, c. 201, §2 (NEW).] B. The amount of royalty payments, including minimum royalties and preproduction payments, together with the other terms and conditions of the lease, shall be set jointly by the director of the survey and the director of the agency having jurisdiction over the state lands. The royalty rate set shall reasonably relate to applicable royalty rates generally prevailing. [PL 1985, c. 201, §2 (NEW).] [PL 1985, c. 201, §2 (NEW).]

10. Disposition of fees and royalties. All fees and royalties accruing to the survey under this subchapter must be paid into a separate account to be established by the Treasurer of State to be used for salaries and other expenses incurred in the administration of this subchapter, subject to and to the extent permitted by section 1849 . The account may not lapse but must continue from year to year. [PL 1997, c. 678, §3 (AMD).]

11. Rights-of-way. A person who has located an exploration claim and has been issued a mining lease in accordance with this subchapter may, with the consent of the director of the agency having jurisdiction over those state lands and consistent with the law, have the right of access across any lands owned or controlled by the State to and from that location. The holder of a mining lease may be issued a permit giving the holder the authority to open, construct, put in, maintain and use ditches, tunnels, pipes, conduits, flumes and other works through, over and upon that land for drainage and passage of water, together with the right to construct dams, as long as such water does not flow on land of others, in connection with the working of the mine to bring water to the mine necessary or convenient for its operation, with such conditions and restrictions as may be imposed. [RR 2021, c. 2, Pt. B, §10 (COR).]

12. Mining under bodies of water. Where any mineral deposit is situated under or in the bed of a stream or lake and for the efficient working of the mineral deposit it is necessary to divert the water of that stream within the boundaries of public land or drain any lake, the director of the agency having jurisdiction over these state-owned lands may permit the diversion or drainage to be done, subject to such provisions, for the benefit of any person who is entitled to the use of the water of that stream or lake in its natural state, as to the director may seem just and expedient. [RR 2021, c. 2, Pt. B, §11 (COR).]

13. Annual reports. Any person with a mining lease engaged in mine development or mining under this subchapter shall, in the month of June following the year the operation was carried on, pay all applicable fees, rentals and royalties and file an annual report with the director of the survey and director of the agency having jurisdiction over the state-owned land setting forth: A. The location of the operation; [PL 1985, c. 201, §2 (NEW).] B. The quality and grade of mineral products or ores produced; [PL 1985, c. 201, §2 (NEW).] C. The amount of royalty that has accrued on material extracted; [PL 2009, c. 567, §5 (AMD).] D. The number of persons ordinarily employed at operation below ground and above ground; and [PL 1985, c. 201, §2 (NEW).] E. Any other information, relating to the mining lease, mine development or mining, the director of the division and the director of the agency having jurisdiction over the state-owned lands may require by regulation. [PL 1985, c. 201, §2 (NEW); PL 2011, c. 657, Pt. W, §7 (REV).] This information is confidential and may not be disclosed, except that the information may be shared with other governmental agencies. [PL 2009, c. 567, §5 (AMD); PL 2011, c. 657, Pt. W, §7 (REV).]

14. Termination. In the event that any explorer, claimant or lessee violates any provision of this subchapter or any rule, the director of the survey or the director of the agency having jurisdiction over the state-owned lands shall notify the explorer, claimant or lessee, as the case may be, of the alleged violation and of the nature of the alleged violation, by sending the notice by registered or certified mail to the explorer, claimant or lessee at the last known address of the explorer, claimant or lessee. If the violation is not remedied within 30 days after the date of mailing the notice, the permit, claim or lease of the violator in existence at the time of the violation may be terminated by the State through the director of the survey or the director of the agency having jurisdiction over the state-owned lands by giving written notice of termination in the same manner specified for notice of violation. For cause, the State, through the director of the survey or the director of the agency having jurisdiction over the state-owned lands, may extend the time for compliance as it may determine. A person who is aggrieved may file a written petition for a hearing before the State within 30 days of the date of the giving of written notice of termination by the State. The hearing must take place within 30 days of receipt of the petition and a decision must be rendered by the State within 60 days following the final adjournment of the hearing. Appeals from the State's decision must be pursuant to the Maine Rules of Civil Procedure as they apply to appeals from rulings of public agencies. [RR 2021, c. 2, Pt. B, §12 (COR).]

15. Injunctions against violation. Whenever it appears that any person is violating or threatening to violate this subchapter or any rule or order issued pursuant to this subchapter, the State may seek an injunction against that person in the Superior Court of the county in which the office of the director of the survey and the director of the agency having jurisdiction over the state-owned lands is located or of any county where the violation occurs or is threatened, or in the county in which the defendant resides or in which any defendant resides if there is more than one defendant, to restrain the person from continuing the violation or from carrying out the threat of violation. In any such action, the court shall have jurisdiction to grant to the State, without bond or other undertaking, such prohibitory or mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions. [PL 1985, c. 201, §2 (NEW).]
12 M.R.S. § 13201 — ME Code / Title 12 / Part 13 / Chapter 941 / Section 13201
12 §13201. Limits on local regulation
Status: in_force

A municipality or political subdivision of the State may not enact any ordinance, law or rule regulating or charging a fee for the hunting, trapping or fishing for any species of fish or wildlife; the possession or use of any equipment expressly permitted for use in hunting under this Part; the operation, registration or numbering of all-terrain vehicles, watercraft or snowmobiles or any other subject matter relating to all-terrain vehicles, watercraft or snowmobiles regulated under chapter 935 or 937 or under any other provisions of this Part, except that a municipality may regulate the operation of all-terrain vehicles on municipal property and on rights-of-way and easements held by that municipality. For purposes of this section, except as provided in subsection 3 , the regulation of fishing includes the regulation of ice fishing shacks. This section does not prohibit: [PL 2013, c. 199, §1 (AMD).]

1. Firearm discharge. The enactment of any ordinance generally regulating the discharge of firearms in a municipality or any part of a municipality; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Certain rules. The adoption of rules as authorized in section 13051 ; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. Ice fishing shacks. The enactment of any ordinance regulating ice fishing shacks on: A. Sources of public water supply as provided under Title 22, section 2642 except that a municipality or political subdivision of the State may not impose a fee on ice fishing shacks on sources of public water supply; or [PL 2011, c. 519, §1 (AMD).] B. Coastal waters as defined in section 6001, subsection 6 except that a municipality or political subdivision of the State may not impose a fee on ice fishing shacks on coastal waters. [PL 2011, c. 519, §1 (AMD).] [PL 2011, c. 519, §1 (AMD).]
12 M.R.S. § 8612 — ME Code / Title 12 / Part 11 / Chapter 805 / Section 8612
12 §8612. Field foresters
Status: in_force

The bureau shall employ by 1991, at least 16 field foresters to be located in field offices. [PL 1989, c. 555, §8 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

1. Duties. These foresters shall provide outreach services and referrals to small woodland owners and wood processors for harvesting, marketing and utilization of wood products. The foresters shall assist landowners and processors in: A. Obtaining and explaining required forms for harvest notification and reporting; [PL 1989, c. 555, §8 (NEW).] B. Obtaining information to comply with the performance standards under this chapter; [PL 1989, c. 555, §8 (NEW).] C. Following up with landowners after harvest notification; [PL 1989, c. 555, §8 (NEW).] D. Reviewing landowner forest management plans; [PL 1989, c. 555, §8 (NEW).] E. Obtaining information to comply with environmental standards; [PL 1989, c. 555, §8 (NEW).] F. Explaining forest management options; [PL 1989, c. 555, §8 (NEW).] G. Promoting involvement in grants and incentive programs; [PL 1989, c. 555, §8 (NEW).] H. Disseminating educational material; and [PL 1989, c. 555, §8 (NEW).] I. Other duties as the director prescribes. [PL 1989, c. 555, §8 (NEW).] [PL 1989, c. 555, §8 (NEW).]

2. Limitations. Field foresters are limited to 3 site visits per landowner over a 5-year period, except as necessary to administer federal programs related to forestry or to determine compliance with provisions of this Title. [PL 1989, c. 555, §8 (NEW).]

3. Comprehensive plans. The foresters may provide technical assistance on forestry issues to municipalities in developing their comprehensive plans. [PL 1989, c. 555, §8 (NEW).]

4. Reporting requirements. The commissioner shall report biannually beginning in 1991, to the joint standing committee of the Legislature having jurisdiction over forestry matters on activities under the field forester program. This report, to be completed by February 1st, must include a description of the types of assistance given to landowners and wood processors, a description of the activities of the field foresters and any recommendations for changes in the program. [PL 2003, c. 346, §2 (AMD).]
12 M.R.S. § 6201 — ME Code / Title 12 / Part 9 / Chapter 609 / Section 6201
12 §6201. Prosecution by district attorney
Status: in_force

Each district attorney shall prosecute all violations of marine resources' laws occurring within the district attorney's county when requested by the commissioner, a marine patrol officer or other person authorized to enforce any provision of marine resources' laws. [RR 2021, c. 2, Pt. B, §36 (COR).]
12 M.R.S. § 10604 — ME Code / Title 12 / Part 13 / Chapter 907 / Section 10604
12 §10604. Conviction record of habitual violator
Status: in_force

A certificate, signed by the commissioner or a person designated by the commissioner, setting forth the conviction record as maintained by the department of any person whose record brings that person within the definition of an habitual violator, as defined in section 10605, subsection 1 , is admissible in evidence in all courts of the State for purposes of sentencing. That certificate is prima facie evidence that the person named in the certificate was duly convicted by the court in which that conviction was made of each offense set forth in the certificate. If the person named in the certificate denies any of the facts stated in the certificate, that person has the burden of proof. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §7 (AFF).]
12 M.R.S. § 6813 — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6813
12 §6813. Sea Cucumber Management Fund
Status: in_force

1. Fund established. The Sea Cucumber Management Fund, referred to in this section as the "fund," is established as a dedicated, nonlapsing fund within the department. The commissioner may receive on behalf of the fund money from any source for the purposes described in subsection 2 . All money received into the fund must be used for the purposes of the fund. Unexpended balances in the fund at the end of the fiscal year may not lapse but must be carried forward to the next fiscal year to be used for the purposes of the fund. Any interest earned on the money in the fund must be credited to the fund. [PL 1999, c. 672, §1 (NEW).]

2. Purposes of fund. The commissioner shall use the fund to research and manage the State's sea cucumber fishery and to enforce the laws related to sea cucumbers. [PL 1999, c. 672, §1 (NEW).]

3. Fees. The following fees must be assessed and credited to the fund. Every wholesale seafood license holder that purchases sea cucumbers shall keep, as a part of permanent records, a record of all sea cucumbers purchased at point of first sale. Every wholesale seafood license holder that purchases sea cucumbers shall, on or before the last day of each month, pay to the commissioner a fee of up to 20¢ for every 100 pounds reported as purchased. The commissioner shall establish by rule the amount of the fee and any procedural requirements for collection of the fee, including, but not limited to, reporting forms and monthly reporting of purchase amounts. Timely payment of the fee is a condition of renewal of the wholesale seafood license issued under section 6851 . If it appears to the commissioner from an inspection of records or otherwise that an additional fee is due or overpayment has been made, additional assessments or refunds must be made by the commissioner to the wholesale seafood license holder. [PL 2005, c. 27, §2 (NEW).]
12 M.R.S. § 11160 — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11160
12 §11160. Coyote night hunting permit
Status: in_force

1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt coyote at night unless that person has a valid permit issued under this section. Each night a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Eligibility; hunting license required. A person who possesses a valid hunting license is eligible to obtain a permit from the commissioner to hunt coyotes at night, except that a permit may not be issued to a person who has been convicted of a violation of section 11206 within 5 years of the date of application for the permit. [RR 2011, c. 1, §17 (COR).]

3. Issuance. The commissioner shall issue a permit to hunt coyotes at night to eligible persons at a fee of $4. [PL 2005, c. 12, Pt. III, §18 (AMD).]
12 M.R.S. § 12757 — ME Code / Title 12 / Part 13 / Chapter 925 / Section 12757
12 §12757. Management of brook trout and landlocked salmon
Status: in_force

Notwithstanding any other provision of this Part, any rule that includes a proposal to establish or amend the time, place or manner in which a person may fish for brook trout or landlocked salmon on inland waters is a routine technical rule as defined in Title 5, chapter 375, subchapter 2‑A . The department shall provide the information in subsections 1 to 3 to any person upon request and at all hearings or meetings that relate to the time, place or manner in which a person may fish for brook trout or landlocked salmon on inland waters: [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

1. Information. Information and interpretation leading to rule proposals including alternative proposals that staff have considered but not proposed; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Assessment of biological potential. An assessment of the biological potential of the waters affected and management goals for those waters, including the best scientific judgment of the probable outcome and the probability of success of the plan relating to the management of brook trout and landlocked salmon; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. Assessment of ability to evaluate success. A realistic assessment of the ability of fisheries staff to evaluate success of the management through future surveys. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 10751 — ME Code / Title 12 / Part 13 / Chapter 913 / Section 10751
12 §10751. Application and license specifications
Status: in_force

1. Form. The commissioner shall furnish application blanks, licenses and permits in such form as the commissioner may designate. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §81 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Identification number. The commissioner may require an identification number and any other pertinent information on any licenses or permits issued by the department as the commissioner determines necessary. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. Statement of right to possess firearms. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §82 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]

4. Stamps. [PL 2011, c. 253, §9 (RP).]

5. Preissue. A license or permit may be issued prior to the date upon which it goes into force. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

6. Duplicates. A duplicate license or permit may be obtained by a person who has accidentally lost or destroyed a license or permit issued to that person under this chapter upon payment of a fee of $2, all of which must be retained by the agent. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

7. License must be signed. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §83 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]

8. Transaction fees. The commissioner may charge a transaction fee of up to $12 to cover administrative costs for the issuance of a license or permit that does not have a fee provided by law. When a transfer of a license or permit or exchange of a hunting zone or area is authorized under this Part, the commissioner may assess a $7 transaction fee for that transfer or exchange. The commissioner may adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 12, Pt. III, §3 (AMD).]
12 M.R.S. § 11158 — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11158
12 §11158. Migratory game bird certification
Status: in_force

1. Certification required; exception. A person may not hunt migratory game birds unless that person is certified under this section. This section does not apply to a resident of the State who is 70 years of age or older and who is issued a complimentary license pursuant to section 10853, subsection 1 . A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged, unless otherwise specified. [PL 2003, c. 655, Pt. B, §133 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2003, c. 655, Pt. B, §133 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §133 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Eligibility. A resident of the State or nonresident who is eligible to obtain a state hunting license is eligible to be certified to hunt migratory game birds. [PL 2017, c. 427, §15 (AMD); PL 2017, c. 427, §19 (AFF).]

3. Certification procedure. An eligible person becomes certified to hunt migratory game birds when that person indicates on that person's hunting license at the time of purchase the intention to hunt migratory game birds during the calendar year for which the license is valid. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 754 — ME Code / Title 12 / Part 2 / Chapter 209 / Section 754
12 §754. Limitations on state consent
Status: in_force

The consent of the State of Maine to the United States of America to the acquisition of lands within the State by the United States of America for the establishment, consolidation and extension of national forests or any lands of a riparian nature or any lands with riparian rights appurtenant thereto or that are necessary for any hydraulic development within this State is limited to the consent granted by this section and section 752 , and when such lands are acquired by the United States of America they must be held subject to all of the provisions of said sections so long as the ownership thereof is retained by the United States of America. [PL 2005, c. 258, §4 (AMD).]
12 M.R.S. § 11871 — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11871
12 §11871. Unlawful possession of upland game species
Status: in_force

1. Daily bag limit. On any given day, a person may not take more than the daily bag limit of an upland game species as established by the commissioner. [PL 2021, c. 54, §9 (NEW).]

2. Possession limit. A person may not possess more than the possession limit of an upland game species as established by the commissioner. [PL 2021, c. 54, §9 (NEW).]

3. Penalty. A person who violates this section commits a Class E crime for which a fine of not less than $200 plus $50 for each upland game species taken in violation may be adjudged. [PL 2021, c. 54, §9 (NEW).]
12 M.R.S. § 6431-E — ME Code / Title 12 / Part 9 / Chapter 619 / Section 6431-E
12 §6431-E. Vessel limitation
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Family member" means a spouse, sibling, child's spouse, parent by blood, parent by adoption, spouse's parent, child by blood, child by adoption, stepchild, stepparent, grandchild or grandparent. [RR 2021, c. 2, Pt. B, §53 (COR).] B. "Owner" means: (1) An individual who is the owner of a vessel registered under chapter 935 or the owner of a vessel documented under 46 Code of Federal Regulations, Part 67; (2) The person who owns the highest percentage of a partnership, corporation or other entity that is the owner of a vessel registered under chapter 935 or a vessel documented under 46 Code of Federal Regulations, Part 67; or (3) When 2 or more people own in equal proportion the highest percentages of a partnership, corporation or other entity that owns a vessel registered under chapter 935 or a vessel documented under 46 Code of Federal Regulations, Part 67, one of the highest percentage owners as designated by the owners of that partnership, corporation or other entity. [PL 2003, c. 414, Pt. B, §24 (AMD); PL 2003, c. 614, §9 (AFF).] C. "Qualifying period" means any 46 days during 3 consecutive months in one calendar year. [PL 1997, c. 693, §1 (NEW); PL 1997, c. 693, §3 (AFF).] D. "Replacement vessel" means a vessel that is substituted for the use of a vessel that is no longer utilized by an individual, partnership, corporation or other entity. [PL 1997, c. 693, §1 (NEW); PL 1997, c. 693, §3 (AFF).] [RR 2021, c. 2, Pt. B, §53 (COR).]

2. Owner or family member on board. This subsection applies to a person that holds a Class I, Class II or Class III lobster and crab fishing license issued under section 6421 . Except as provided in subsection 3 , a vessel may not be used to fish for or take lobsters unless that vessel is owned by a Class I, Class II or Class III lobster and crab fishing license holder and: A. The owner of that vessel is present on that vessel and has that vessel named on the owner's Class I, Class II or Class III lobster and crab fishing license; or [PL 2009, c. 394, §7 (AMD).] B. A family member of the vessel owner holds a Class I, Class II or Class III lobster and crab fishing license and is present on that vessel. [PL 2009, c. 394, §7 (AMD).] [PL 2009, c. 394, §7 (AMD).]

3. Exemptions; individuals. The commissioner may authorize a person to fish for or take lobsters from a vessel when an owner or family member is not on board pursuant to subsection 2 if that person holds a Class I, Class II or Class III lobster and crab fishing license and: A. The owner of that vessel holds a Class I, Class II or Class III lobster and crab fishing license, documents to the commissioner that an illness or disability temporarily prevents that owner from fishing for or taking lobsters from that vessel, and requests in writing to the commissioner that the commissioner authorize that person to use that vessel to fish for or take lobsters and tend the owner's traps pursuant to section 6434 ; [PL 1997, c. 693, §1 (NEW); PL 1997, c. 693, §3 (AFF).] B. Is the owner of a vessel that has become temporarily inoperable because of an accident or a mechanical failure and requests in writing permission from the commissioner to use that vessel to fish for or take lobsters; [PL 1997, c. 693, §1 (NEW); PL 1997, c. 693, §3 (AFF).] B-1. Was the owner of a vessel that was named on that individual's Class I, Class II or Class III lobster and crab fishing license but is no longer the owner of that vessel due to sale or foreclosure. The individual must demonstrate immediate intent to become the owner of another vessel that will be used to fish for or take lobsters and request in writing permission from the commissioner to use the other vessel to fish for or take lobsters for a limited period of time; [PL 2013, c. 468, §15 (NEW).] C. Documents to the commissioner by December 31, 2000 that that person fished for or took lobsters during the qualifying period in each of calendar years 1995, 1996 and 1997 from the same vessel and that vessel did not have on board an individual who meets the criteria of subsection 2, paragraph A or B . A person may not qualify for the exemption under this paragraph unless that person continues to fish for or take lobsters from the vessel from which the person harvested lobsters during the qualifying period in each of calendar years 1995, 1996 and 1997, or from a replacement vessel; [PL 2001, c. 195, §1 (AMD).] D. An individual, partnership, corporation or other entity documents to the commissioner by December 31, 2000 that that individual or partnership, corporation or other entity rented, leased or otherwise made available that vessel to the holder of a Class I, Class II or Class III lobster and crab fishing license during the qualifying period in each of calendar years 1995, 1996 and 1997 for the purpose of fishing for or taking lobsters. A person authorized under this paragraph may fish for or take lobsters only from the vessel that was made available during the qualifying period in each of calendar years 1995, 1996 and 1997, or a replacement vessel; or [PL 2001, c. 195, §1 (AMD).] E. The person is licensed by the United States Coast Guard to operate a passenger-carrying vessel in coastal waters. The vessel must be inspected by the United States Coast Guard and documented and licensed by the United States Coast Guard to carry passengers. By June 30, 2001, the owner of the vessel shall document to the commissioner that the vessel was utilized to fish for or take lobsters with paying passengers on board during the qualifying period in each of calendar years 1995, 1996 and 1997. The owner of the vessel shall notify the commissioner in writing on an annual basis, prior to the vessel being utilized to fish for or take lobsters, of the name and lobster license number of any person who will be using the vessel to fish for lobster during that calendar year. A person authorized under this paragraph may fish for or take lobsters only from the vessel that was made available during the qualifying period in each of calendar years 1995, 1996 and 1997, or a replacement vessel. No more than 40 lobster traps may be fished from that vessel. [PL 2001, c. 195, §2 (NEW).] [PL 2013, c. 468, §15 (AMD).]

4. Rules. The commissioner may adopt rules to implement and administer this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 693, §1 (NEW); PL 1997, c. 693, §3 (AFF).]
12 M.R.S. § 10554 — ME Code / Title 12 / Part 13 / Chapter 907 / Section 10554
12 §10554. Court procedure
Status: in_force

The provisions of Titles 14 and 15 relating to court procedure apply in all prosecutions under this Part. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 13113 — ME Code / Title 12 / Part 13 / Chapter 937 / Section 13113
12 §13113. Registration of trail-grooming equipment
Status: in_force

1. Definitions. For purposes of this section, "trail-grooming equipment" means a self-propelled vehicle that: A. [PL 2013, c. 190, §1 (RP).] B. [PL 2013, c. 190, §1 (RP).] C. Is driven by a track or tracks in contact with the snow; and [PL 2005, c. 93, §3 (NEW).] D. Is performing snowmobile trail maintenance by plowing, leveling or compacting snow by use of a front plow or rear attachments that include but are not limited to rollers, compactor bars or trail drags. [PL 2013, c. 190, §2 (AMD).] [PL 2013, c. 190, §§1, 2 (AMD).]

2. Operating unregistered trail-grooming equipment. Except as provided in this section, a person may not operate trail-grooming equipment on a snowmobile trail that is financed in whole or in part by the Snowmobile Trail Fund unless that trail-grooming equipment is registered in accordance with this section. A. A registration is not required for trail-grooming equipment operated on land on which the owner lives or on land on which the owner is domiciled, if the trail-grooming equipment is not operated elsewhere within the jurisdiction of this State. [PL 2005, c. 93, §3 (NEW).] B. A registration is not required for trail-grooming equipment operated by a commercial ski area for the purpose of packing snow or for rescue operation, unless the trail-grooming equipment is required to cross a public way during that operation. [PL 2005, c. 93, §3 (NEW).] C. Trail-grooming equipment owned and operated by the Federal Government, the State or a political subdivision of the State is exempt from registration fees, but must be registered and is required to display the registration. [PL 2005, c. 93, §3 (NEW).] [PL 2005, c. 93, §3 (NEW).]

3. Application and issuance. The commissioner may register trail-grooming equipment upon application by the owner if the owner is a nonprofit organization that has an approved contract for snowmobile trail grooming with the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands, Off-Road Vehicle Division or a person that can provide proof to the department at the time of application that the person is a member of an organization eligible to register trail-grooming equipment under this section. The commissioner may establish procedures necessary to carry out the purposes of this section. [PL 2013, c. 190, §3 (AMD); PL 2013, c. 405, Pt. A, §24 (REV).]

4. Form of registration. The trail-grooming equipment registration must be in such form as the commissioner may determine. [PL 2005, c. 93, §3 (NEW).]

5. Fee. The registration fee for trail-grooming equipment is a one-time fee of $33. The registration fee is valid from the date of issuance until the date that the equipment is sold or transferred. Revenue from the registration fee is allocated according to section 10206, subsection 2, paragraph A . [PL 2005, c. 93, §3 (NEW).]

6. Fraudulent acquisition of trail-grooming registration. [PL 2019, c. 452, §13 (RP).]

7. Penalty. The following penalties apply to violations of this section. A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [PL 2005, c. 93, §3 (NEW).] B. A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2005, c. 93, §3 (NEW).] [PL 2005, c. 93, §3 (NEW).]
12 M.R.S. § 11105 — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11105
12 §11105. Safety course
Status: in_force

1. Hunter safety course requirements. Except as provided in subsection 2 , a person who applies for a Maine license to hunt with firearms other than a junior license or an apprentice hunter license issued under section 11108‑B must submit proof of having successfully completed a hunter safety course as provided in section 10108 or an equivalent hunter safety course or satisfactory evidence of having previously held a valid adult license to hunt with firearms in this State or any other state, province or country in any year beginning with 1976. When proof of competency can not otherwise be provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult hunting license or that the applicant has successfully completed the required hunter safety course. [PL 2013, c. 538, §17 (AMD).]

2. Hunter safety course exemption for certain members of armed forces domiciled in State. A member of the Armed Forces of the United States on active duty who is permanently stationed outside of the United States and home on leave is exempt from hunter safety course requirements under subsection 1 if that member shows proof at the time of application for the license that that member's home state of record, as recorded in that person's military service records, is Maine. A person who no longer meets the conditions for an exemption under this subsection must satisfy the requirements of subsection 1 . [PL 2013, c. 139, §1 (NEW).]
12 M.R.S. § 10904 — ME Code / Title 12 / Part 13 / Chapter 913 / Section 10904
12 §10904. Time limit for nonmandatory suspension decision and notice of suspension
Status: in_force

A decision by the commissioner to suspend a license of a person convicted or adjudicated of a violation that does not carry a mandatory suspension must be made within 60 days after that conviction. The commissioner shall give written notice of a suspension immediately following the decision to suspend. A notice of suspension must name the license or permit that is suspended and state the effective date and length of the suspension and must inform the person of any applicable hearing provisions under section 10905 . [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §104 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 12402 — ME Code / Title 12 / Part 13 / Chapter 921 / Section 12402
12 §12402. Damage to crops or orchards
Status: in_force

1. Permission to kill nuisance animals or wild turkeys. Except as provided in section 12404 , the cultivator, owner, mortgagee or keeper of any orchard or growing crop, except all types of grasses, clover and grain fields, may take or kill wild animals or wild turkeys night or day when the wild animals or wild turkeys are located within the orchard or crop where substantial damage caused by the wild animal or wild turkey to the orchard or crop is occurring. For purposes of this section, corn is not considered grain. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Employment of agents. When a person wants to employ someone outside of that person's immediate family to take or kill wild animals or wild turkeys, that person shall contact a game warden. If the warden is satisfied that substantial damage is occurring, the warden may arrange for a department agent to alleviate the damage; when an agent is not available, the warden may authorize a person who is knowledgeable and can perform the work in a reasonable, safe and proficient manner. Permission to take or kill wild animals or wild turkeys may not be granted to a person whose license to hunt has been revoked or suspended, who is an habitual violator as defined in section 10605, subsection 1 or who has been convicted of night hunting within the past 5 years. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. Report to Maine Warden Service; dressing of carcass. The person by whom or under whose direction the wild animal or wild turkey is wounded, taken or killed under this section shall: A. Within 12 hours, report all the facts relative to the act to the Maine Warden Service, stating the time and place of the wounding, taking or killing; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. In all cases of deer, bear, moose or wild turkey, immediately and properly dress the carcass or carcasses and care for the meat. When the meat is being distributed to recipients authorized under the Hunters for the Hungry Program established in section 10108, subsection 8 , the person shall inform the department within 24 hours that the meat is ready to be picked up. [PL 2007, c. 198, §1 (AMD).] [PL 2007, c. 198, §1 (AMD).]

4. Warden's certificate. A game warden shall investigate an incident under this section as soon as possible and, if the game warden is satisfied that the wild animal or wild turkey was taken as provided in this section, give the person who killed the wild animal or wild turkey a certificate that entitles the cultivator, owner, mortgagee or keeper of the orchard or growing crop to own the carcass or carcasses, which may be possessed and consumed only within the immediate family of the cultivator, owner, mortgagee or keeper of the orchard or growing crop, or, in accordance with the labeling requirements for possession of deer, bear, moose or wild turkey, to transfer possession of those wild animals or wild turkeys to another person. Any excess carcasses after the first 2 carcasses of bear, moose or wild turkey or after the first 3 carcasses of deer killed or taken under subsection 1 or 2 must be distributed to recipients authorized through the Hunters for the Hungry Program established in section 10108, subsection 8 or as otherwise authorized by the game warden. [PL 2007, c. 198, §2 (AMD).]

5. Failure to report wounding, taking or killing of nuisance wild animal or to properly care for carcass. A person may not: A. Wound, take or kill a wild animal under section 12401 or this section unless the person reports all the facts relative to the incident to the Maine Warden Service within 12 hours; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Kill a deer, bear or moose pursuant to section 12401 or this section unless the person immediately and properly dresses the carcass and cares for the meat to prevent spoilage. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] A person who violates this subsection commits a Class E crime. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §239 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 12506 — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12506
12 §12506. Eel, sucker, lamprey and yellow perch harvesting method permit; elver prohibition; limitations on river herring harvesting
Status: in_force

1. Permit required. Except as otherwise authorized pursuant to this Part and except as provided in subsection 5‑A , a person may not fish for or possess the following fish using the harvesting methods listed in subsection 2 without a valid permit issued under this section: A. [PL 2007, c. 463, §6 (RP); PL 2007, c. 463, §9 (AFF).] B. Eels; [PL 2003, c. 655, Pt. B, §253 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. Suckers; [PL 2003, c. 655, Pt. B, §253 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] D. Lampreys; or [PL 2003, c. 655, Pt. B, §253 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] E. Yellow perch. [PL 2003, c. 655, Pt. B, §253 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed. [PL 2007, c. 463, §6 (AMD); PL 2007, c. 463, §9 (AFF).]

2. Issuance. The commissioner may adopt rules providing for the issuance of permits to fish for or possess the following fish using the following harvesting methods in the inland waters of the State, provided the permits do not interfere with any rights granted under section 6131 : A. Eels using eel pots or weirs; [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §253 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).] B. Suckers and yellow perch using trap nets, dip nets or spears; [PL 2013, c. 148, §1 (AMD).] C. Lampreys by hand or using hand-held dip nets; and [PL 2013, c. 148, §1 (AMD).] D. [PL 2007, c. 463, §6 (RP); PL 2007, c. 463, §9 (AFF).] E. Yellow perch using seines. [PL 2013, c. 148, §2 (NEW).] The commissioner may place conditions on the use of gear allowed under this subsection and may prohibit or restrict the use of any gear used to concentrate species for harvest under this subsection. Each day a person violates a condition or restriction placed on the use of gear allowed under this subsection, that person commits a Class E crime. [PL 2013, c. 148, §§1, 2 (AMD).]

3. Fees; transfer of permit. The minimum fee for an individual permit for suckers, lampreys and yellow perch is $44. The holder of an individual permit for suckers, lampreys or yellow perch may purchase a crew permit for suckers, lampreys and yellow perch for $102, authorizing up to 3 persons to engage in the permitted activity. The annual fee for an eel pot or weir permit is $102. An eel pot or eel weir permit is not transferable. [PL 2015, c. 298, §8 (AMD).]

4. Five-year limited entry; eel weirs. A person is ineligible to receive an eel weir permit unless that person possessed a valid eel weir permit for calendar year 1995. The department shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A regarding the issuance of eel weir permits. The number of weirs and the number of square miles of watersheds in this State fished by eel weirs may be no more than those permitted in calendar year 1995. [PL 2007, c. 463, §6 (AMD); PL 2007, c. 463, §9 (AFF).]

5. Exception to permit requirement. [PL 2005, c. 683, Pt. A, §17 (RP).]

5-A. Limitations on river herring harvesting. Except as provided in this subsection a person may not harvest river herring. A. A person may fish for river herring by use of a dip net or single hook and line for consumption by that person or members of that person's family, as long as the person takes or possesses no more than 25 fish in any day and as long as the river herring are taken downstream from any location where a municipality or other person has been granted exclusive rights under section 6131 ; and [PL 2017, c. 150, §4 (AMD).] B. A person may fish for or possess river herring from inland waters if that person has been granted fishing rights under section 6131 . [PL 2017, c. 150, §4 (AMD).] C. [PL 2007, c. 463, §6 (RP); PL 2007, c. 463, §9 (AFF).] A person that violates this subsection commits a Class E crime. [PL 2017, c. 150, §4 (AMD).]

5-B. Harvesting suckers for bait without a permit. Notwithstanding subsection 1 , a person may take suckers for use as bait for fishing in inland waters as provided in section 12551‑A without a permit under subsection 2 . [PL 2007, c. 463, §6 (NEW); PL 2007, c. 463, §9 (AFF).]

6. Eels and elvers prohibitions. The following prohibitions apply to the harvesting of eels and elvers in inland waters. A. A person may not fish for or take elvers from inland waters. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §253 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).] B. A person other than the owner of a weir used to fish for or take eels in inland waters may not tend that weir while the weir is immersed unless that person has in the person's possession written permission from the owner to tend the weir or is in the presence of the owner and has the owner's permission to tend the weir. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §253 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).] A person who violates this subsection commits a Class E crime. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §253 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]

7. Other harvesting methods for suckers. Notwithstanding subsection 1 , a person licensed or otherwise entitled to fish in Maine waters may take suckers for that person's use in all rivers, brooks and streams that are open to fishing between April 1st and June 30th of each calendar year by the use of a hand spear, by archery equipment or by snagging. A. A person may not use archery equipment to harvest suckers unless the arrow or bolt used has a barbed or pronged point and the arrow or bolt is attached to the archery equipment with a line. [PL 2023, c. 239, §34 (AMD).] B. The following penalties apply to violations of paragraph A . (1) A person who violates paragraph A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. (2) A person who violates paragraph A after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2003, c. 655, Pt. B, §253 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2023, c. 239, §34 (AMD).]

8. Reports required. A person issued a permit under this section shall submit a completed report on forms provided by the department with the following information: water name and location, including the town and county of waters fished; date fished; total catch; gear type and quantity; number of crew; amount of time the gear is set; total gear in the water; water depth; total time the boat is on the water; species and pounds harvested; license number of the dealer the catch was sold to or the disposition of the catch; town where the catch was brought to shore; boat registration number; vessel name; and the harvester's name, telephone number and permit number. A holder of an eel permit must submit the report by the date specified on the permit. A holder of a sucker, lamprey or yellow perch permit must submit the report by December 31st of each year. All data submitted as part of the report are for scientific purposes only and are confidential and not part of a public record within the meaning of Title 1, chapter 13, subchapter 1 , except that the commissioner may disclose data collected under this subsection if released in a form that is statistical or general in nature. If a person issued a permit under this section fails to provide information required under this section, the commissioner may refuse to renew or may revoke that person's permit. If a person becomes ineligible for a permit as a result of a violation of this section, that person may request a hearing in accordance with section 10905 . [PL 2015, c. 494, Pt. A, §9 (AMD).]
12 M.R.S. § 6501 — ME Code / Title 12 / Part 9 / Chapter 621 / Section 6501
12 §6501. Commercial fishing license
Status: in_force

1. License required. A person may not engage in the activities authorized under this section without a current: A. Commercial fishing license for a resident operator; [PL 2003, c. 452, Pt. F, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Commercial fishing license for a resident operator and all crew members; [PL 2003, c. 452, Pt. F, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Commercial fishing license for a nonresident operator and all crew members; or [PL 2003, c. 452, Pt. F, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] D. Other license under this Part authorizing the activities. [PL 2003, c. 452, Pt. F, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. F, §10 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Licensed activity. The holder of a commercial fishing license may fish for or take fish or possess, ship, transport or sell fish that the holder has taken. The license authorizes crew members aboard the licensee's boat when it is engaged in commercial fishing to undertake these activities, if the license provides for crew members. [PL 2001, c. 421, Pt. B, §25 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]

3. Exemptions. The licensing requirement under subsection 1 does not apply to activities described in this subsection. A. A person may fish for, take, possess or transport any species of fish if they have been taken by speargun, harpoon, minnow trap, hand dip net or hook and line and are only for personal use. [PL 2001, c. 421, Pt. B, §25 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).] B. [MRSA T. 12 §6501, sub-§3, ¶B (RP); PL 2021, c. 627, §3 (AMD).] C. [PL 2011, c. 266, Pt. A, §15 (RP).] [PL 2021, c. 627, §3 (AMD).]

4. Eligibility. A commercial fishing license may be issued only to an individual. [PL 2001, c. 421, Pt. B, §25 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]

5. Fees. Fees for commercial fishing licenses are: A. Forty-eight dollars for resident operator; [PL 2009, c. 213, Pt. G, §5 (AMD).] B. One hundred twenty-eight dollars for resident operator and all crew members; and [PL 2009, c. 213, Pt. G, §5 (AMD).] C. Four hundred eighty-one dollars for nonresident operator and all crew members. [PL 2009, c. 213, Pt. G, §5 (AMD).] [PL 2009, c. 213, Pt. G, §5 (AMD).]

6. Definition. For the purposes of this chapter, "fish" means all marine finfish except Atlantic herring, Atlantic menhaden, whiting, spiny dogfish, river herring, Atlantic mackerel, blueback herring, squid, butterfish, scup, black sea bass, smelt, shad and Atlantic halibut. For the purposes of this chapter, "fish" also means all other marine organisms, except lobsters, crabs, sea urchins, shellfish, scallops, marine worms, elvers, sea cucumbers, eels, shrimp or seaweed. [PL 2021, c. 627, §4 (AMD); PL 2021, c. 627, §7 (AFF).]

7. License freeze. [PL 1979, c. 25 (NEW); MRSA T. 12 §6501, sub-§7 (RP).]

8. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. [PL 2001, c. 421, Pt. B, §25 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
12 M.R.S. § 682-A — ME Code / Title 12 / Part 2 / Chapter 206-A / Section 682-A
12 §682-A. Spaghetti-lots prohibited
Status: in_force

A person may not divide a parcel of land in the jurisdiction of the Maine Land Use Planning Commission in such a way as to create a spaghetti-lot. This prohibition does not apply to: [PL 1993, c. 74, §1 (AMD); PL 2011, c. 682, §38 (REV).]

1. Rights-of-way. Utility or transportation rights-of-way; [PL 1989, c. 762, §2 (NEW); PL 1989, c. 762, §4 (AFF).]

2. Government purchase. A parcel of land that is purchased by the Federal Government, State Government or local government; and [PL 1989, c. 762, §2 (NEW); PL 1989, c. 762, §4 (AFF).]

3. Public benefit. A parcel of land that the Maine Land Use Planning Commission finds provides a significant public benefit and that can not be configured in another way to provide that benefit. [PL 1989, c. 762, §2 (NEW); PL 1989, c. 762, §4 (AFF); PL 2011, c. 682, §38 (REV).]

This section applies to any division of land within the jurisdiction of the Maine Land Use Planning Commission. [PL 1993, c. 74, §2 (NEW); PL 2011, c. 682, §38 (REV).]
12 M.R.S. § 6851-B — ME Code / Title 12 / Part 9 / Chapter 625 / Section 6851-B
12 §6851-B. Lobster processor license
Status: in_force

1. License required. A person may not engage in the activities authorized under this section without a current wholesale seafood license with a lobster permit as required under section 6851 and a current lobster processor license. [PL 2009, c. 523, §9 (NEW).]

2. Licensed activity. A lobster processor license authorizes a person to process lobsters and lobster meat for sale in accordance with rules adopted by the commissioner, including, but not limited to, the appropriate fee for the license, which may not exceed $750, and under the following conditions: A. The lobster and lobster meat may be processed only at the fixed place of business named on the license; [PL 2009, c. 523, §9 (NEW).] B. The lobster meat or lobster parts may come from only legal-sized lobsters; [PL 2009, c. 523, §9 (NEW).] C. All containers in which lobster meat is packed after removal and that are to be sold, shipped or transported must be clearly labeled with the lobster processor license number of the packer; [PL 2011, c. 247, §3 (AMD).] D. Records must be maintained at the fixed place of business named on the license; and [PL 2011, c. 247, §4 (AMD).] E. [PL 2011, c. 247, §5 (NEW); MRSA T. 12 §6851B, sub2, ¶E (RP).] The commissioner may grant waivers for specific lobster products not addressed in rules that are produced by holders of lobster processor licenses. Such a waiver must be in writing and must describe in detail the product that is not specified in rule. [PL 2011, c. 247, §§3-5 (AMD).]

3. Exception. A license is not required to remove lobster meat for serving in hotels and restaurants if the meat is removed from the shell in a hotel or restaurant for serving on the premises. [PL 2009, c. 523, §9 (NEW).]

4. License limited. A lobster processor license authorizes activities under this section at only one fixed place of business. [PL 2009, c. 523, §9 (NEW).]

5. Violation. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $1,000 may be adjudged. [PL 2013, c. 468, §32 (AMD).]
12 M.R.S. § 10802 — ME Code / Title 12 / Part 13 / Chapter 913 / Section 10802
12 §10802. Rule violations; agent
Status: in_force

The following penalties apply to violations of rules regulating hunting and fishing agents. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §90 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]

1. Civil violation. Notwithstanding section 10650 , a person who violates a rule regulating hunting and fishing agents commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [PL 2003, c. 655, Pt. B, §90 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Crime. A person who violates a rule regulating hunting and fishing agents after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2003, c. 655, Pt. B, §90 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 11109 — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11109
12 §11109. Licenses and fees
Status: in_force

1. License required. Except as otherwise authorized pursuant to this Part, a person may not engage in an activity for which a license may be issued under this section unless that person has a valid license issued under this section. An electronic license or permit fulfills the requirement under this subsection that a person must have a physical paper license or permit if the electronic license or permit can be displayed upon request to a game warden or other law enforcement officer, an employee of the department, a registered Maine guide or the owner of the land on which the licensed activity is taking place. Except as otherwise provided in this section, each day a person violates this subsection that person commits a Class E crime for which the sentencing alternative may include only the penalties provided in Title 17‑A, section 1704, subsection 5 and Title 17‑A, section 1705, subsection 5 . [PL 2023, c. 431, §1 (AMD); PL 2023, c. 431, §23 (AFF).]

2. Hunting licenses; agent's fee. The commissioner may appoint clerks or other agents to issue licenses and permits under this Part. Clerks or other agents appointed by the commissioner to issue licenses and permits shall charge a fee of $2 for each hunting license issued. The commissioner shall charge a fee of $1 for each hunting license issued by department employees. [PL 2017, c. 427, §5 (AMD); PL 2017, c. 427, §19 (AFF).]

3. Hunting licenses; combination licenses; fees. Hunting licenses, combination licenses and fees are as follows. A. A resident junior hunting license, for a person under 16 years of age, is $8 and permits hunting of all legal species, subject to the permit requirements in subchapter 3 . Notwithstanding the permit fees established in subchapter 3, a resident junior hunting license includes all permits, stamps and other permissions needed to hunt at no additional cost. A license holder under this paragraph who qualifies to hunt during the expanded archery season on deer under section 11153 and who meets the eligibility requirements of section 11106 must have included in that person's license one antlerless deer permit and one either-sex permit. A resident junior hunting license does not exempt the holder of the license from lottery-related application requirements under this Part. A resident under 16 years of age who hunts without a resident junior hunting license commits a civil violation. [PL 2025, c. 333, §5 (AMD).] B. A resident hunting license, for a person 16 years of age or older, is $26 and permits hunting of all legal species, subject to the permit requirements in subchapter 3 . [PL 2015, c. 494, Pt. D, §2 (RPR).] C. A resident small game hunting license, for a person 16 years of age or older, which permits hunting for all legal species except deer, bear, moose, raccoon and bobcat, is $15. [PL 2015, c. 494, Pt. D, §2 (RPR).] D. A resident combination hunting and fishing license is $48 and permits hunting of all legal species, subject to the permit requirements in subchapter 3 . [PL 2025, c. 388, Pt. NNN, §1 (AMD).] E. A resident combination archery hunting and fishing license is $48 and permits hunting of all legal species, subject to the permit requirements in subchapter 3 . [PL 2025, c. 388, Pt. NNN, §2 (AMD).] E-1. A resident apprenticeship hunter license, which includes a bear hunting permit and a wild turkey hunting permit under sections 11151 and 11155 , respectively, is $26 and permits hunting of all legal species, subject to the permit requirements in subchapter 3 . [PL 2015, c. 494, Pt. D, §2 (RPR).] F. A nonresident junior hunting license, for a person under 16 years of age, is $35 and permits hunting of all legal species, subject to the permit requirements in subchapter 3 . Notwithstanding the permit fees established in subchapter 3 , a nonresident junior hunting license includes all permits, stamps and other permissions needed to hunt at no additional cost. A license holder under this paragraph who qualifies to hunt during the expanded archery season on deer under section 11153 and who meets the eligibility requirements of section 11106 must have included in that person's license one antlerless deer permit and one either-sex permit. A nonresident junior hunting license does not exempt the holder of the license from lottery-related application requirements under this Part. A nonresident under 16 years of age who hunts without a nonresident junior hunting license commits a civil violation. [PL 2025, c. 333, §6 (AMD).] G. A nonresident small game hunting license, which permits hunting of all legal species except deer, bear, moose, raccoon and bobcat, is $75. [PL 2015, c. 494, Pt. D, §2 (RPR).] H. A nonresident 3-day small game hunting license, valid for 3 consecutive hunting days, which permits hunting of all legal species except deer, bear, moose, raccoon and bobcat for the 72-hour period specified on the license, is $50. [PL 2015, c. 494, Pt. D, §2 (RPR).] I. A nonresident hunting license, which permits hunting of all legal species subject to the permit requirements in subchapter 3 , is $115. [PL 2015, c. 494, Pt. D, §2 (RPR).] J. A nonresident combination hunting and fishing license is $169. [PL 2025, c. 388, Pt. NNN, §3 (AMD).] K. [PL 2017, c. 427, §6 (RP); PL 2017, c. 427, §19 (AFF).] L. [PL 2017, c. 427, §6 (RP); PL 2017, c. 427, §19 (AFF).] M. [PL 2017, c. 427, §6 (RP); PL 2017, c. 427, §19 (AFF).] N. [PL 2015, c. 494, Pt. D, §2 (RP).] O. A nonresident small game apprenticeship hunter license, which permits the hunting of all legal species except deer, bear, moose, raccoon and bobcat, is $75 and includes a wild turkey hunting permit under section 11155 . [PL 2017, c. 164, §10 (AMD).] P. A nonresident apprenticeship hunter license, which permits the hunting of all legal species and includes a bear hunting permit and a wild turkey hunting permit under sections 11151 and 11155 , respectively, is $115. [PL 2015, c. 494, Pt. D, §2 (RPR).] [PL 2025, c. 333, §§5, 6 (AMD); PL 2025, c. 388, Pt. NNN, §§1-3 (AMD).]

4. Muzzle-loading permit; issuance and agent's fee. The commissioner, through the commissioner's agent, shall issue muzzle-loading permits to eligible persons. The issuing agent shall charge a fee of $1 for each permit issued. [PL 2005, c. 397, Pt. E, §6 (AMD).]

5. Muzzle-loading permits and fees. Muzzle-loading hunting permits and fees are as follows: A. A resident muzzle-loading hunting permit is $13; and [PL 2017, c. 427, §7 (AMD); PL 2017, c. 427, §19 (AFF).] B. A nonresident muzzle-loading hunting permit is $69. [PL 2017, c. 427, §7 (AMD); PL 2017, c. 427, §19 (AFF).] C. [PL 2017, c. 427, §7 (RP); PL 2017, c. 427, §19 (AFF).] [PL 2017, c. 427, §7 (AMD); PL 2017, c. 427, §19 (AFF).]

6. Issuance of archery hunting license; agent's fee. Clerks or other agents appointed by the commissioner to issue archery hunting licenses must charge a fee of $1 for each archery hunting license issued. The commissioner shall charge a fee of $1 for each archery hunting license issued by department employees. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

7. Archery hunting licenses; combination licenses; fees. Archery hunting licenses, combination licenses and fees are as follows: A. A resident archery license is $26; [PL 2015, c. 245, §3 (AMD).] B. A resident combination archery hunting and fishing license is $48; [PL 2025, c. 388, Pt. NNN, §4 (AMD).] C. A nonresident archery license is $75; and [PL 2017, c. 427, §8 (AMD); PL 2017, c. 427, §19 (AFF).] D. [PL 2017, c. 427, §8 (RP); PL 2017, c. 427, §19 (AFF).] E. A nonresident 6-day archery license, which is valid for 6 consecutive hunting days, is $26. [PL 2017, c. 125, §1 (NEW).] [PL 2025, c. 388, Pt. NNN, §4 (AMD).]

8. Issuance of crossbow permit; agent's fee. [PL 2023, c. 239, §17 (RP).]

9. Crossbow permits and fees. [PL 2023, c. 239, §18 (RP).]
12 M.R.S. § 4604 — ME Code / Title 12 / Part 4 / Chapter 419 / Section 4604
12 §4604. -- powers and duties -- Article IV
Status: in_force

The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell and anadromous, of the Atlantic seaboard. The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the preservation of those fisheries and their protection against overfishing, waste, depletion or any abuse whatsoever and to assure a continuing yield from the fisheries resources of the aforementioned states.

To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the governors and legislatures of the various signatory states legislation dealing with the conservation of the marine, shell and anadromous fisheries of the Atlantic seaboard. The commission shall, more than one month prior to any regular meeting of the legislature in any signatory state, present to the governor of the state its recommendations relating to enactments to be made by the legislature of that state in furthering the intents and purposes of this compact.

The commission shall consult with and advise the pertinent administrative agencies in the states party hereto with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable.

The commission shall have power to recommend to the states party hereto the stocking of the waters of such states with fish and fish eggs or joint stocking by some or all of the states party hereto and when 2 or more of the states shall jointly stock waters the commission shall act as the coordinating agency for such stocking.
12 M.R.S. § 1858 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1858
12 §1858. Location of public reserved lands
Status: reserved

1. Public reserved lands. In every township or plantation existing on October 3, 1973 or organized after that date there must be reserved, as the Legislature directs, 1,000 acres of land, and in the same proportion in all tracts less than a township, for the exclusive benefit of the State. This land must be of average quality, situation and value as to timber and minerals as compared to other land in the township or plantation. Title to these reserved public lots is in the State. All future earnings attributable to those public lots belong to the State to be used for the management and preservation of the public lots as state assets. [PL 1997, c. 678, §13 (NEW).]

2. Location by agreement. In townships or tracts sold and not incorporated, the public reserved lots may be selected and located by the commissioner and the proprietors by a written agreement describing the reserved lands by metes and bounds, signed by the parties and recorded in the commissioner's office. The plan or outline of the lands selected must be: A. Entered on the plan of the township or tract in the commissioner's office; and [PL 1997, c. 678, §13 (NEW).] B. Recorded in the registry of deeds in the county in which the township or tract is located. [PL 1997, c. 678, §13 (NEW).] [PL 1997, c. 678, §13 (NEW).]

3. Location without agreement. When the commissioner and the proprietors of a tract or township described in subsection 1 can not agree on the location of the public reserved lands, the commissioner may petition the Superior Court in the county where the land lies to appoint a committee of 3 disinterested persons. The court shall issue a warrant under the seal of the court to those persons requiring them to locate the public reserved lot or lots in the township or tract as soon as possible. The public reserved lot or lots must be of average quality compared to other lands in the tract or township. A. Before taking any action, the members of the committee formed under this subsection must be sworn before a dedimus justice. A certificate of the swearing must be endorsed on the court's warrant. [PL 1997, c. 678, §13 (NEW).] B. At least 30 days before their first meeting, the members of the committee shall announce their appointment and the time and place of their meeting to perform their duties by: (1) Publishing a notice in a newspaper of general circulation in the State, to be designated by the court; and (2) If ordered by the court to do so, posting written notification in 2 or more public places in the same plantation or town. [PL 1997, c. 678, §13 (NEW).] C. The members of the committee shall make a signed return of the court's warrant and their activity under it to the Superior Court when they have completed their service. Upon acceptance by the court and after being recorded in the registry of deeds in the county or registry district where the land is located, within 6 months, the public reserved lot or lots must be legally assigned and located. [PL 1997, c. 678, §13 (NEW).] D. In a proceeding for the location of public reserved lots under this subsection, an appeal may be taken to the Law Court as in other actions. [PL 1997, c. 678, §13 (NEW).] [PL 1997, c. 678, §13 (NEW).]

4. Subdivided lands. When portions or lots are reserved for public uses in a tract of land to be divided, they must first be set out, of an average quality and situation, and a return made of that reserved land to the commissioner's office, with a description of its quality and location. The commissioner's return of partition, accepted and recorded as provided, is a valid location of the reserved lands. [PL 1997, c. 678, §13 (NEW).]

5. Incorporation into town; location. When, in the grant of any townships or parts of townships, certain portions are reserved for public uses and those portions have not been located in severalty before the townships or parts are incorporated into a town, the Superior Court in the county where the land lies, on application of the assessors of the town, may appoint a committee of 3 disinterested persons of the county. The court shall issue a warrant under seal of the court to those persons requiring them to locate the reserved portion according to the terms of the grant as soon as possible. If the use or purpose of the reservation is prescribed in the grant, they shall set off and locate the lots accordingly. A. Before taking action under the warrant, the members of a committee formed under this section must be sworn to the faithful discharge of the duty assigned them. A certificate of the swearing must be endorsed on the court's warrant. [PL 1997, c. 678, §13 (NEW).] B. At least 30 days before locating the reserved portions, the members of the committee shall announce their appointment and the time and place of their meeting to perform their duties by publishing a notice in a newspaper of general circulation in the State, to be designated by the court, and by posting written notices in 2 or more public places in the same town. [PL 1997, c. 678, §13 (NEW).] C. The members of the committee shall make a return of the court's warrant and their activity under it to the Superior Court when they have completed their duties. Upon acceptance by the court and after being recorded in the registry of deeds in the county or registry district where the land is located, within 6 months, the reserved portions must be legally assigned and located. [PL 1997, c. 678, §13 (NEW).] [PL 1997, c. 678, §13 (NEW).]

6. Criteria for location. Whenever land reserved for public use is located under this subchapter and the commissioner makes the return of partition under subsection 4 , the determination as to what lands are of average quality, situation and value as compared with the other lands in the township must include, but may not be limited to, appropriate consideration of the following criteria: A. Contiguity to other public lands; [PL 1997, c. 678, §13 (NEW).] B. Public recreation needs; [PL 1997, c. 678, §13 (NEW).] C. Accessibility to roads, highways and other transportation; [PL 1997, c. 678, §13 (NEW).] D. Proximity to centers of population; [PL 1997, c. 678, §13 (NEW).] E. Needs of state agencies; [PL 1997, c. 678, §13 (NEW).] F. Scenic quality; [PL 1997, c. 678, §13 (NEW).] G. Value as to minerals; [PL 1997, c. 678, §13 (NEW).] H. Value as to timber; [PL 1997, c. 678, §13 (NEW).] I. The preservation of significant natural, recreation and historic resources, including wildlife habitat and other areas critical to the ecology of the State; and [PL 1997, c. 678, §13 (NEW).] J. The provisions of any applicable comprehensive or long-range management plans for the use of those public reserved lands. [PL 1997, c. 678, §13 (NEW).] [PL 1997, c. 678, §13 (NEW).]

7. Application. Nothing in this section may be construed to require the location of unlocated public reserved lands. The commissioner shall determine the desirability of locating unlocated public reserved lands in the preparation and maintenance of the management plans for the public reserved lands. In those townships in which public reserved lands remain unlocated, the commissioner shall take appropriate steps to ensure that the State receives its proportionate share of common income and that the lands are not subjected to waste by the other cotenants. [PL 1997, c. 678, §13 (NEW).]
12 M.R.S. § 8869 — ME Code / Title 12 / Part 11 / Chapter 805 / Section 8869
12 §8869. Forest harvest regulations
Status: in_force

To promote a healthy and sustainable forest that contains a balance of age classes necessary for a sustainable timber supply and spatial and compositional diversity, forest harvesting and liquidation harvesting are regulated pursuant to this subchapter. [PL 2003, c. 422, Pt. A, §3 (AMD).]

1. Standards for regeneration after harvests. The commissioner shall adopt rules to ensure adequate regeneration of commercial tree species on a site within 5 years of completion of any timber harvest. Rules to implement this requirement shall include identification of commercial tree species, minimum stocking standards and methods to mitigate inadequate regeneration. In developing regeneration standards, the commissioner shall take into consideration regional differences in forest types, tree species and physiographic conditions. [PL 1989, c. 555, §10 (NEW).]

2. Performance standards for clear-cuts. The commissioner shall establish, by rule, performance standards for clear-cuts, including limitations on size. These standards shall protect water quality, minimize soil erosion, ensure adequate regeneration, address adverse impacts on wildlife habitat and provide for a healthy and sustainable forest. The commissioner shall incorporate regional variations in developing performance standards that consider growing conditions, tree species and site quality. [PL 1989, c. 555, §10 (NEW).]

2-A. Separation zones. A clear-cut must be separated from any other clear-cut by at least 250 feet except where a property line is closer than 250 feet from the edge of the clear-cut. Unless an exemption is provided in rules adopted pursuant to section 8867‑A , a separation zone must be equal to or greater than the area clear-cut. [PL 1999, c. 361, §2 (AMD).]

3. Forest management plans for clear-cuts over 20 acres. For a clear-cut of 20 acres or more, the landowner, or agent of the landowner, shall develop, prior to harvest, a forest management plan for that clear-cut signed by a professional forester that conforms to the standards set forth in subsections 1 and 2 . The plan must state the purpose of the clear-cut. This plan must be kept on file by the landowner or agent of the landowner and be available for inspection by the bureau until adequate regeneration in accordance with the standards set forth in subsection 1 is established. [PL 1999, c. 361, §3 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

3-A. Plans for outcome-based forestry areas. Practices applied on an area created pursuant to section 8003, subsection 3, paragraph Q must provide at least the equivalent forest and environmental protection as provided by existing rules and any applicable local regulations. At a minimum, tests of outcome-based forestry principles must address: A. Soil productivity; [PL 2001, c. 339, §3 (NEW).] B. Water quality, wetlands and riparian zones; [PL 2001, c. 339, §3 (NEW).] C. Timber supply and quality; [PL 2001, c. 339, §3 (NEW).] D. Aesthetic impacts of timber harvesting; [PL 2001, c. 339, §3 (NEW).] E. Biological diversity; [PL 2013, c. 542, §3 (AMD).] F. Public accountability; [PL 2013, c. 542, §3 (AMD).] G. Economic considerations; [PL 2013, c. 542, §3 (NEW).] H. Social considerations; and [PL 2013, c. 542, §3 (NEW).] I. Forest health. [PL 2013, c. 542, §3 (NEW).] The Governor shall appoint a panel of at least 6 technical experts to work with the director to implement, monitor and assess tests of outcome-based forestry principles. The panel of technical experts must have expertise in all of the principles listed in paragraphs A to I . In order to participate in an outcome-based forestry project, the landowner, director and technical panel must develop agreed-upon desired outcomes for the outcome-based forestry area and develop a method for determining if the outcomes have been attained and a system for reporting results to the public. The technical panel shall assess whether the practices applied on the outcome-based forestry area provide at least the equivalent forest and environmental protection as provided by rules and regulations otherwise applicable to that outcome-based forestry area. The technical panel may not delegate this assessment to any other person, except that the technical panel may consider information provided by the bureau, the landowner or a 3rd-party forest certification program auditor. [PL 2013, c. 542, §3 (AMD).]

3-B. Reporting and notification; outcome-based forestry projects. The director, in consultation with the technical panel under subsection 3‑A , shall report to the joint standing committee of the Legislature having jurisdiction over forestry matters as follows. A. Beginning March 1, 2015 and annually thereafter, the director shall submit a report detailing the progress on each outcome-based forestry agreement under section 8003, subsection 3, paragraph Q . The report must include an assessment of the landowner's progress toward attaining the outcomes under subsection 3‑A . The report must be presented to the joint standing committee of the Legislature having jurisdiction over forestry matters at a public meeting no sooner than 30 days after submission of the report to the committee. [PL 2013, c. 542, §4 (NEW).] B. When an initial outcome-based forestry agreement is approved by the director as provided by section 8003, subsection 3, paragraph Q , the director shall notify the joint standing committee of the Legislature having jurisdiction over forestry matters within 15 days. In the notification, the director shall address how the proposed agreement will provide at least the equivalent forest and environmental protection as provided by rules and regulations that otherwise would apply to that outcome-based forestry area. [PL 2013, c. 542, §4 (NEW).] C. When an outcome-based forestry agreement under this section is renewed as provided by section 8003, subsection 3, paragraph Q , the director shall notify the joint standing committee of the Legislature having jurisdiction over forestry matters no later than 15 days after the agreement is renewed. [PL 2013, c. 542, §4 (NEW).] A report, notification or any information concerning outcome-based forestry projects under this subsection must be placed on the Department of Agriculture, Conservation and Forestry's publicly accessible website. [PL 2013, c. 542, §4 (NEW).]

4. Exemption for natural disaster. If the regeneration on a harvested clear-cut, or portion thereof, is destroyed by fire, disease, insect infestation or other natural disaster, the regeneration requirement does not apply. Vegetative cover sufficient to prevent accelerated erosion must be established on the site. [PL 1989, c. 555, §10 (NEW).]

5. Variance. The commissioner shall establish, by rule, standards to permit activities that exceed the standards set forth under subsection 2 . In developing standards, the commissioner shall consider the unique characteristics of a site and any related economic hardship which would result from noncompliance with these standards. [PL 1989, c. 555, §10 (NEW).]

6. Transfer or sale of property. Upon sale or other transfer of ownership of land that has been harvested, the transferee becomes responsible for the regeneration requirements on the site. The transferor shall disclose in writing to the transferee the regeneration requirements of this section at, or prior to, the time of sale or transfer. Failure of the transferor to comply with the disclosure requirement shall result in the transferor being responsible for compliance with the regeneration requirements of subsection 1 . [PL 1989, c. 555, §10 (NEW).]

7. Application. This section applies to all forest lands within the State, including land in municipal and state ownership. Except as provided in subsection 7‑A , only state-owned or operated research forests or industrially owned research forests certified by the commissioner are exempt from these requirements. [PL 2001, c. 339, §4 (AMD).]

7-A. Exemption for outcome-based forestry areas. An outcome-based forestry area designated under section 8003, subsection 3, paragraph Q is exempt from the requirements of this section if specifically exempted in the agreement establishing the outcome-based forestry area. [PL 2013, c. 542, §5 (AMD).]

8. Relationship to municipal rules and regulations. Nothing in this subchapter may be construed to preempt or otherwise limit the existing authority of municipalities to regulate timber harvesting activities, except that municipalities regulating timber harvesting activities shall adopt definitions for forestry terms used in their ordinances that are consistent with definitions in section 8868 and with forestry terms adopted by the commissioner pursuant to this subchapter. Municipal timber harvesting ordinances adopted before September 1, 1990 must meet this standard of compliance with definitions no later than January 1, 2028. A municipality may not adopt an ordinance that is less stringent than the minimum standards established in this section and in rules adopted by the commissioner to implement this section and section 8867‑B . A municipality may not adopt or amend an ordinance that regulates timber harvesting activities unless the process set out in this subsection is followed in the development and review of the ordinance. Municipal ordinances subject to review by the bureau are limited to ordinances that regulate timber harvesting activities. A municipal timber harvesting ordinance adopted on or after January 1, 2026 must meet the process requirements of this subsection. A. A licensed professional forester must participate in the development or amendment of the ordinance. [PL 1999, c. 263, §1 (AMD).] B. A meeting must take place in the municipality during the development or amendment of the ordinance between representatives of the department and municipal officers and officials involved in developing the ordinance. Discussion at the meeting must include, but is not limited to, the forest practices goals of the municipality. At this meeting and subsequently, the department shall provide guidance to the municipality on how the municipality may use sound forestry practices to achieve the municipality's forest practices goals. [PL 1999, c. 263, §1 (AMD).] C. The municipality shall hold a public hearing to review a proposed ordinance or ordinance amendment at least 45 days before a vote is held on the ordinance. The municipality shall post and publish public notice of the public hearing according to the same general requirements of posted and published notice for zoning ordinance public hearings as provided by Title 30‑A, section 4352, subsection 9 . In addition, when a municipality proposes to adopt or amend a timber harvesting ordinance pursuant to its home rule authority as provided by Title 30‑A, section 3001 , the municipality shall mail notice of the hearing by first-class mail at least 14 days before the hearing to all landowners in the municipality at the last known address of the person on whom a property tax on each parcel is assessed. In the case of a timber harvesting ordinance or amendment that applies only to certain zones or land use districts in the municipality, the municipality may meet the requirements of this paragraph by mailing notice only to those landowners whose land is in a zone or land use district or immediately abutting the affected zone or land use district. Mailed notice to individual landowners is not required under this subsection for any type of amendment to an existing local land use ordinance merely to conform that ordinance to the minimum timber harvesting guidelines required by Title 38, section 439‑A , as those guidelines may be subsequently amended, or to conform any timber harvesting ordinance to the requirements of this section for conformity of definitions when the proposed amendments do not substantially change any previously established timber harvesting standards adopted pursuant to home rule authority. The municipal officers shall prepare and file with the municipal clerk a written certificate indicating those landowners to whom the notice was mailed and at what addresses, when it was mailed, by whom it was mailed and from what location it was mailed. The certificate constitutes prima facie evidence that notice was sent to those landowners named in the certificate. Any action challenging the validity of the adoption or amendment of a municipal timber harvesting ordinance based on the municipality's alleged failure to comply with the landowner notice requirement must be brought in Superior Court within 90 days after the adoption of the ordinance or amendment. The Superior Court may invalidate an ordinance or amendment only if the landowner demonstrates that the landowner was entitled to receive a notice under this section, that the municipality failed to send the notice as required, that the landowner had no knowledge of the proposed ordinance or amendment and that the landowner was materially harmed by that lack of knowledge. [PL 1999, c. 263, §1 (AMD).] D. The municipal clerk shall notify the department of the time, place and date of the public hearing and provide the department with a copy of the proposed ordinance that will be reviewed at the hearing at least 30 days before the date of the hearing. [PL 1999, c. 263, §1 (AMD).] E. At the public hearing, representatives of the department must be provided an opportunity to present and discuss for the municipality's information any reports, articles, treatises or similar materials published by acknowledged experts in the field of sound forestry or silvicultural management to the extent such information is relevant to the proposed ordinance or ordinance amendment. The proposed ordinance or ordinance amendment may be revised after the public hearing. The ordinance or amendment must be submitted to the legislative body of the municipality in accordance with the procedures the municipality uses for adopting ordinances. [PL 1999, c. 263, §1 (NEW).] E-1. A municipal timber harvesting ordinance adopted after January 1, 2026 takes effect only after certification by the bureau that the municipality adopted the timber harvesting ordinance in accordance with the process requirements of this subsection. [PL 2025, c. 274, §1 (NEW).] F. Municipal timber harvesting ordinances may not be unreasonable, arbitrary or capricious and must employ means appropriate to the protection of public health, safety and welfare. [PL 1999, c. 263, §1 (NEW).] G. All direct costs incurred by a municipality associated with landowner notification requirements and other required public notice must be paid to the municipality in accordance with a distribution schedule established under Title 30‑A, section 5685, subsection 5 . All direct costs incurred by a municipality in order to comply with this subsection for the amendment of ordinances adopted before September 1, 1990 must be paid to the municipality in accordance with a distribution schedule established under Title 30‑A, section 5685, subsection 5 . [PL 1999, c. 263, §1 (NEW).] [PL 2025, c. 274, §1 (AMD).]

9. Centralized listing of municipal ordinances. The bureau shall maintain for informational purposes a statewide centralized listing of municipal ordinances that specifically apply to timber harvesting activities. A. [PL 2025, c. 274, §2 (RP).] B. [PL 1999, c. 263, §2 (RP).] C. The clerk of a municipality that has a timber harvesting ordinance on January 1, 2026 shall provide the bureau with notice and a copy of the ordinance by April 30, 2026. [PL 2025, c. 274, §2 (NEW).] D. The clerk of a municipality that is developing a timber harvesting ordinance on or after January 1, 2026 shall provide the bureau with notice and a copy of the ordinance at least 7 days prior to the meeting of the legislative body of the municipality or the public hearing at which adoption of the ordinance will be considered. The clerk shall notify the bureau within 30 days after adoption of the ordinance. [PL 2025, c. 274, §2 (NEW).] E. A provision of an ordinance that specifically applies to timber harvesting activities does not take effect unless properly adopted in accordance with subsection 8 and filed with the bureau in accordance with this subsection. [PL 2025, c. 274, §2 (NEW).] [PL 2025, c. 274, §2 (AMD).]

10. Right of enforcement. Enforcement of this subchapter shall be by any state, county or municipal law enforcement officer, including forest rangers and field foresters of the bureau and wardens of the Department of Inland Fisheries and Wildlife. [PL 1989, c. 555, §10 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

11. Right of entry. Agents of the bureau have rights of access to all lands within the State to carry out the duties they are authorized by law to administer and enforce. This subsection does not authorize entry into any building or structure. [PL 1997, c. 694, §1 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

12. Right of action. A landowner found in violation of this section and penalized under section 9701 as a result of actions of a harvester has a right of action to recover the penalty against the harvester who undertook the harvest operation found in violation. In addition to all other defenses permitted by law, it is a defense that the harvester operated under the landowner's instructions. For the purposes of this subsection, the terms "harvester" and "harvest operation" have the same meanings as in section 8881 . [PL 1993, c. 217, §1 (NEW).]

13. Confidential information. Information provided to the bureau voluntarily or to fulfill reporting requirements for the purposes of establishing and monitoring outcome-based forestry areas, as created pursuant to section 8003, subsection 3, paragraph Q , is public unless the person to whom the information belongs or pertains requests that it be designated as confidential and the bureau has determined it contains proprietary information. For the purposes of this subsection, "proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the person submitting the information and would make available information not otherwise publicly available. The bureau, working with the landowner and the panel of technical experts appointed under subsection 3‑A , may publish reports as long as those reports do not reveal confidential information. [PL 2013, c. 542, §6 (AMD).]

14. Substantial elimination of liquidation harvesting. The commissioner shall adopt rules to substantially eliminate liquidation harvesting. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 422, Pt. A, §4 (NEW).]
12 M.R.S. § 12955 — ME Code / Title 12 / Part 13 / Chapter 931 / Section 12955
12 §12955. Special hide dealer's license
Status: in_force

1. License required. A person may not engage in an activity for which a special hide dealer's license may be issued under subsection 2 without a valid special hide dealer's license unless the person holds a valid license issued under section 12954 . Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Issuance. The commissioner may issue a special hide dealer's license to any person who maintains a place of business for the butchering of wild animals within this State. The special hide dealer's license permits a holder to commercially sell or barter the heads or untanned hides of deer, moose or bear that are butchered in the license holder's place of business. [PL 2021, c. 54, §18 (AMD).]

3. Expiration. All licenses issued under this section are valid for a period of one year commencing January 1st and ending December 31st. [PL 2021, c. 54, §19 (AMD).]

4. Fee. The annual fee for a special hide dealer's license is $12. [PL 2005, c. 12, Pt. III, §37 (AMD).]

4-A. Record-keeping requirements. The following provisions apply to the keeping and filing of records. A. A licensee shall: (1) Keep a true and complete record, in such form as is required by the commissioner, of all hides bartered or sold; and (2) Retain records required under this subsection for at least 3 years. [PL 2003, c. 655, Pt. B, §351 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. The following penalties apply to violations of this subsection. (1) A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. (2) A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. Each day a person violates this subsection is a separate offense. [PL 2003, c. 655, Pt. B, §351 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §351 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

5. Record inspection. Records retained under subsection 4‑A must be open for inspection by the commissioner or the commissioner's agent. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §352 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]

6. License violation. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §353 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 11109-A — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11109-A
12 §11109-A. Super pack license
Status: in_force

Except as otherwise provided in this section, a super pack license includes all licenses and permits issued under this Part to hunt and fish all legal game and fish species, subject to the restrictions placed on the equivalent individual licenses or permits for those species. An individual license or permit contained in the super pack license is not valid unless the holder of the super pack license has met the eligibility requirements for that specific license or permit and is not otherwise prohibited from holding that license or permit. A person may be issued a super pack license without meeting the specific requirements of an individual license or permit contained in the super pack license, but that license or permit is invalid until the license holder meets the eligibility requirements for that particular license or permit. All restrictions and conditions on hunting and fishing apply to a super pack licensee. [PL 2007, c. 163, §1 (AMD); PL 2007, c. 163, §3 (AFF).]

1. Moose lottery chances. A super pack license includes, upon application, one chance in the moose lottery under section 11154, subsection 6 . [PL 2011, c. 370, §3 (AMD).]

2. Antlerless deer permit. [PL 2019, c. 116, §1 (RP).]

2-A. Antlerless deer permit. The following provisions govern the ability of a super pack license holder to obtain an antlerless deer permit. A. In a wildlife management district in which the commissioner issues at least 2,000 antlerless deer permits, the commissioner may allocate up to 2.5% of those antlerless deer permits to super pack license holders. The commissioner shall award to successful applicants an antlerless deer permit as described under section 11152 , valid for use only in a designated district. [PL 2023, c. 228, §7 (RPR); PL 2023, c. 228, §17 (AFF).] B. In order to receive a super pack antlerless deer permit, a super pack licensee must apply through the antlerless deer permit lottery. If the applicant receives a super pack antlerless deer permit in accordance with paragraph A , the applicant may claim the permit at no cost. If the applicant receives but does not claim the permit, the applicant forfeits the permit. If the applicant does not receive a super pack antlerless deer permit in accordance with paragraph A , the applicant is eligible to receive an antlerless deer permit by means of the antlerless deer permit lottery as described in section 11152 and if received may claim and pay for the antlerless deer permit. The applicant may purchase an antlerless deer permit over the counter. [PL 2023, c. 228, §7 (RPR); PL 2023, c. 228, §17 (AFF).] [PL 2023, c. 228, §7 (RPR); PL 2023, c. 228, §17 (AFF).]

3. Deer harvest authorizations. Notwithstanding section 11501 , a super pack license authorizes the holder to take: A. One deer during either the regular open firearm season or the regular archery season or the special muzzle-loading season in accordance with sections 11401 , 11403 and 11404 , respectively; and [PL 2023, c. 228, §8 (AMD); PL 2023, c. 228, §17 (AFF).] B. [PL 2023, c. 228, §8 (RP); PL 2023, c. 228, §17 (AFF).] C. Three antlerless deer and one deer of either sex during the expanded archery season in accordance with rules adopted pursuant to section 11401 . [PL 2025, c. 333, §7 (AMD).] [PL 2025, c. 333, §7 (AMD).]

4. Licenses not included. A super pack license does not include: A. A license or permit under subchapters 13 and 15 ; [RR 2011, c. 1, §16 (COR).] B. A license or permit under chapter 917 ; [PL 2007, c. 163, §1 (NEW); PL 2007, c. 163, §3 (AFF).] C. A permit or certificate under chapter 921 ; [PL 2007, c. 163, §1 (NEW); PL 2007, c. 163, §3 (AFF).] D. A license or permit under chapter 923, subchapter 2 , except it does include licenses issued to fish pursuant to section 12501 ; [PL 2007, c. 163, §1 (NEW); PL 2007, c. 163, §3 (AFF).] E. A license or permit under chapter 923, subchapter 3 ; [PL 2007, c. 163, §1 (NEW); PL 2007, c. 163, §3 (AFF).] F. A license under chapter 927 ; or [PL 2017, c. 205, §6 (AMD).] G. [PL 2017, c. 205, §7 (RP).] H. A moose permit under section 11154 . [PL 2007, c. 163, §1 (NEW); PL 2007, c. 163, §3 (AFF).] [PL 2017, c. 205, §§6, 7 (AMD).]

5. Fee. The fee for a super pack license is $212 for residents and $187 for a person holding 2 or more lifetime licenses. [PL 2025, c. 388, Pt. NNN, §5 (AMD).]
12 M.R.S. § 13003 — ME Code / Title 12 / Part 13 / Chapter 933 / Section 13003
12 §13003. Payment of sales or use tax prerequisite to registration
Status: in_force

1. Registration of watercraft. Except in the case of a renewal of registration by the same owner, an application for the registration of a watercraft may not be granted when the sale or use of that watercraft may be subject to tax under Title 36, chapters 211 to 225 , unless one of the following conditions has been satisfied: A. The applicant has submitted a dealer's certificate in a form prescribed by the State Tax Assessor, showing either that the sales tax due in respect to the watercraft in question has been collected by the dealer or that the sale of the watercraft is exempt from or otherwise not subject to tax under Title 36, chapters 211 to 225 ; [PL 2003, c. 614, §9 (AFF); PL 2003, c. 695, Pt. B, §9 (AMD); PL 2003, c. 695, Pt. C, §1 (AFF).] B. The applicant has properly executed and signed a use tax certificate in the form and manner prescribed by the State Tax Assessor and paid the amount of tax shown therein to be due; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. The applicant has properly executed and signed a use tax certificate in the form and manner prescribed by the State Tax Assessor showing that the sale or use of the watercraft in question is exempt from or otherwise not subject to tax under Title 36, chapters 211 to 225 . [PL 2003, c. 695, Pt. B, §9 (AMD); PL 2003, c. 695, Pt. C, §1 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 695, Pt. B, §9 (AMD); PL 2003, c. 695, Pt. C, §1 (AFF).]

2. Registration of snowmobile or ATV. Prior to registering a snowmobile or ATV, an agent of the commissioner shall collect sales or use tax due. Sales or use tax is due unless: A. [PL 2015, c. 300, Pt. A, §3 (RP).] B. The registration is a renewal registration by the same owner; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. The applicant possesses a dealer's certificate showing that the sales tax was collected by the dealer. The State Tax Assessor shall prescribe the form of a dealer's certificate; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] D. The snowmobile or ATV is otherwise exempt from sales or use tax under Title 36, section 1760 . [PL 2003, c. 614, §9 (AFF); PL 2003, c. 695, Pt. B, §9 (AMD); PL 2003, c. 695, Pt. C, §1 (AFF).] [PL 2015, c. 300, Pt. A, §3 (AMD).]
12 M.R.S. § 8843 — ME Code / Title 12 / Part 11 / Chapter 805 / Section 8843
12 §8843. Forgery
Status: in_force

Every permit, bill of sale, port of entry statement, or other written document specified in this Article shall be deemed to be a written instrument subject to the laws relating to forgery. [PL 1983, c. 507, §2 (RPR).]
12 M.R.S. § 6749-O — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6749-O
12 §6749-O. Limited entry; exceptions
Status: in_force

1. Handfishing and dragging licenses. [PL 1997, c. 685, §2 (AMD); MRSA T. 12 §6749-O, sub-§1 (RP).]

2. Hand-raking and trapping license. [PL 1997, c. 685, §2 (AMD); MRSA T. 12 §6749-O, sub-§2 (RP).]

2-A. License eligibility. The commissioner may not issue a handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping license to any person unless that person: A. Possessed that license in the previous calendar year; [PL 2007, c. 615, §18 (NEW).] B. Becomes eligible to obtain that license pursuant to a limited entry system under subsection 2‑B ; or [PL 2007, c. 615, §18 (NEW).] C. Did not possess a sea urchin license in the previous calendar year because the commissioner had suspended the person’s license privileges for a length of time that included the previous calendar year. [PL 2007, c. 615, §18 (NEW).] [PL 2007, c. 615, §18 (RPR).]

2-B. Sea urchin license limited entry system. The commissioner shall establish by rule a limited entry system under which a person who did not hold a handfishing sea urchin license, a sea urchin dragging license or a sea urchin hand-raking and trapping license in the previous calendar year may become eligible to obtain that license for use in a zone established pursuant to section 6749‑N . The rules for a limited entry system must include provisions for the method and administration of the program. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . A. [PL 2001, c. 327, §11 (RP).] B. [PL 2001, c. 327, §11 (RP).] C. [PL 2001, c. 327, §11 (RP).] D. [PL 2001, c. 327, §11 (RP).] E. [PL 2001, c. 327, §11 (RP).] F. [PL 2001, c. 327, §11 (RP).] [PL 2001, c. 327, §11 (AMD).]

3. Exceptions. [PL 1999, c. 643, §8 (RP).]

4. License transfer. [PL 1999, c. 643, §8 (RP).]

5. Protection from depletion. The commission may adopt rules for a sea urchin license limited entry system to prohibit a new entry in a year when it is necessary to protect or conserve the urchin fishery from imminent depletion. [RR 2013, c. 2, §17 (COR).]
12 M.R.S. § 6121 — ME Code / Title 12 / Part 9 / Chapter 605 / Section 6121
12 §6121. Fishways in existing dams or artificial obstructions
Status: in_force

1. Commissioner's authority. In order to conserve, develop or restore anadromous fish resources, the commissioner and the Commissioner of Inland Fisheries and Wildlife may require a fishway to be erected, maintained, repaired or altered by the owners, lessors or other persons in control of any dam or other artificial obstruction within coastal waters frequented by river herring, shad, salmon, sturgeon or other anadromous fish species. [PL 2013, c. 358, §1 (AMD).]

2. Examination of dams. The commissioner and the Commissioner of Inland Fisheries and Wildlife shall annually examine all dams and other artificial obstructions to fish passage within the coastal waters in order to determine whether fishways are necessary, sufficient or suitable for the passage of anadromous fish. [PL 2013, c. 358, §1 (AMD).]

3. Initiation of fishway proceedings. The commissioner and the Commissioner of Inland Fisheries and Wildlife shall initiate proceedings to consider construction, repair or alteration of fishways in existing dams or other artificial obstructions whenever the commissioners determine that either of the following conditions may exist: A. Fish passage at the dam or obstruction in issue, whether alone or in conjunction with fish passage at other upriver barriers, will improve access to sufficient and suitable habitat anywhere in the watershed to support a substantial commercial or recreational fishery for one or more species of anadromous fish; or [PL 1983, c. 388, §1 (RPR).] B. Fish passage at the dam or obstruction in issue is necessary to protect or enhance rare, threatened or endangered fish species. [PL 1983, c. 388, §1 (RPR).] [PL 2013, c. 358, §1 (AMD).]

4. Adjudicatory proceedings. A. A fishway proceeding is an adjudicatory proceeding under Title 5, chapter 375, subchapter 4 , but a hearing may not be required unless requested in accordance with paragraph B . Notice of the proceeding must be given in accordance with Title 5, section 9052 and the following requirements: (1) Personal notice must be given to the dam owner, lessee or other person in control of the dam or artificial obstruction, informing that person that a proceeding has been undertaken and of that person's right to request a hearing; and (2) Notice to the public, in newspapers of general circulation in the areas affected, notifying the public of the initiation of the proceedings and of the public's opportunity to request a hearing. [PL 2013, c. 358, §1 (AMD).] B. If any interested person requests a public hearing, the commissioner and the Commissioner of Inland Fisheries and Wildlife shall, within 30 days, either notify the petitioners in writing of the commissioners' denial stating the reasons or schedule a public hearing. The commissioners shall hold a public hearing whenever: (1) The commissioners are petitioned by 50 or more Maine residents; or (2) The owner, lessee or other person in control of the dam or artificial obstruction requests a public hearing. [PL 2013, c. 358, §1 (AMD).] C. The commissioner and the Commissioner of Inland Fisheries and Wildlife shall accept testimony from the dam owner, lessee or other person in control of the dam or artificial obstruction on alternate fishway designs to those proposed by the commissioners for that dam or artificial obstruction. [PL 2013, c. 358, §1 (AMD).] [PL 2013, c. 358, §1 (AMD).]

5. Decision. In the event the commissioner and the Commissioner of Inland Fisheries and Wildlife decide that a fishway should be constructed, repaired, altered or maintained, their final orders must be issued with specific plans and descriptions of the fishway construction, alteration, repair or maintenance requirements, the conditions of the use of the fishway and the time and manner required for fishway operation. The commissioners may issue a decision requiring the owners, lessees or other persons in control of the dam or obstruction to construct, repair, alter or maintain a fishway. Such a decision must be supported by a finding based on evidence submitted to the commissioners that either of the following conditions exist: A. One or more species of anadromous or migratory fish can be restored in substantial numbers to the watershed by construction, alteration, repair or maintenance of a fishway, and habitat anywhere in the watershed above the dam or obstruction is sufficient and suitable to support a substantial commercial or recreational fishery for one or more species of anadromous or migratory fish; or [PL 1983, c. 388, §1 (RPR).] B. The construction, alteration, repair or maintenance of a fishway is necessary to protect or enhance rare, threatened or endangered fish species. [PL 1983, c. 388, §1 (RPR).] In the event that the commissioners decide that no fishway should be constructed, the commissioners shall specify in that decision a period immediately subsequent to that decision during which no fishway may be required to be constructed. That period may not exceed 5 years. [PL 2013, c. 358, §1 (AMD).]

6. Compliance. A. The owner, lessee or other person in control of the dam or other artificial obstruction is jointly and severally liable for the costs of fishway design, construction, repair, alteration or maintenance and for full compliance with a decision issued pursuant to subsection 5 . If the owner, lessee or other person in control of the dam or other artificial obstruction refuses to comply or does not fully comply with the commissioners' decision, the commissioners shall initiate a civil action to enjoin the owner, lessee or person in control of the dam to comply fully with the commissioners' order or to restrain the violation of an order. In the proceeding, the court shall not review the legality of the commissioners' order, except when the owner, lessee or person in control of the dam or artificial obstruction has brought a timely petition for judicial review pursuant to Title 5, chapter 375, subchapter 7 . [PL 2013, c. 358, §1 (AMD).] B. The court may render judgment against and order the sale of the dam or other artificial obstruction, the land on which it stands and a right-of-way to the dam or artificial obstruction in order to secure the costs of fishway construction, repair, alteration or maintenance and costs of the court-ordered sale and the costs incurred by the department for fishway design. The purchaser of the dam or other obstruction is subject to the commissioners' decision. [PL 2013, c. 358, §1 (AMD).] [PL 2013, c. 358, §1 (AMD).]

7. Privileged entry. The commissioner and the Commissioner of Inland Fisheries and Wildlife, the commissioners' agents or subcontractors are privileged to enter upon any private land in order to examine, at least annually, fishways in dams or other artificial obstructions and the examination of dams provided in subsection 2 . The commissioners 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 and the Commissioner of Inland Fisheries and Wildlife 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. [PL 2013, c. 358, §1 (AMD).]
12 M.R.S. § 12602 — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12602
12 §12602. Violation of number, amount, weight or size limits
Status: in_force

A person may not: [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

1. Fish in violation of certain rules. Fish in violation of the number, amount, weight or size limits established by rules adopted by the commissioner; [PL 2017, c. 150, §5 (AMD).]

2. Possess fish in violation of certain rules. Possess fish in violation of the number, amount, weight or size limits established by rules adopted by the commissioner; [PL 2019, c. 224, §1 (AMD).]

3. Alter fish from their natural state prior to measuring for bag limit. When rules adopted by the commissioner limit the volume of fish that may be taken, alter those fish from or possess fish altered from their natural state prior to their being measured for compliance with the volume limit; or [PL 2019, c. 224, §2 (AMD).]

4. Violation of certain Department of Marine Resources rules; striped bass. Fish for striped bass in inland waters or possess striped bass taken from inland waters in a number, amount or size that exceeds the number, amount or size limits for striped bass established by rules adopted by the Commissioner of Marine Resources under section 6171 . Notwithstanding section 6002 or any provision of law to the contrary, for purposes of this subsection only, the number, amount and size limits for striped bass established by rules adopted by the Commissioner of Marine Resources under section 6171 apply to the inland waters of the State. [PL 2019, c. 224, §3 (NEW).]

A person who violates this section commits a Class E crime. The court shall also impose a fine of $20 for each fish unlawfully possessed, none of which may be suspended, except that, in the case of smelt limits, the court shall impose a fine of $20 for each quart over the limit, none of which may be suspended. [PL 2019, c. 325, §7 (AMD).]

A person who fishes for striped bass in or possesses striped bass taken from the coastal waters of the State in violation of rules adopted by the Commissioner of Marine Resources under section 6171 is subject to the provisions of section 6174 . [PL 2019, c. 224, §4 (NEW).]
12 M.R.S. § 12763 — ME Code / Title 12 / Part 13 / Chapter 925 / Section 12763
12 §12763. Use or possession of gill net; Penobscot Nation research; department personnel
Status: in_force

1. Prohibition. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §307 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Penobscot Nation research. Under the direction of its director, the staff of the Department of Natural Resources of the Penobscot Nation may use gill nets for the purpose of scientific fisheries research and management on any waters within, flowing through or adjacent to Penobscot Indian territory as defined in Title 30, section 6205, subsection 2 . A. The authority granted under this subsection is subject to the following constraints. (1) Both ends of the gill net must be marked with buoys that are clearly visible from a distance of 300 feet and that identify the Department of Natural Resources of the Penobscot Nation as the owner of the net. (2) The results of each netting must be forwarded on a weekly basis to the office of the commissioner where the results must be available for public inspection. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §307 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).] B. The following penalties apply to violations of paragraph A . (1) A person who violates paragraph A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. (2) A person who violates paragraph A after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2003, c. 655, Pt. B, §307 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §307 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

3. Use of gill nets by department personnel. Department personnel and persons under contract with the department may use gill nets pursuant to this subsection. When requested by another agency to undertake a gill netting project, the department must be reimbursed by that agency for all costs relating to the gill netting project. A. Department personnel and persons under contract with the department may not use gill nets in inland waters unless: (2) Both ends of the net are marked with buoys that are clearly visible from a distance of 300 feet and that identify the department; and (3) The results of each netting are forwarded on a weekly basis to the office of the commissioner. The records of the results must be available for public inspection at the office of the commissioner. A person under contract with the department may not use a gill net under this section unless the use is at the direction of and under the supervision of the commissioner or the commissioner's designee. [PL 2011, c. 533, §6 (AMD).] A-1. The following penalties apply to violations of paragraph A . (1) A person who violates paragraph A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. (2) A person who violates paragraph A after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2003, c. 655, Pt. B, §307 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §307 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).] C. [PL 2007, c. 651, §13 (RP).] [PL 2011, c. 533, §6 (AMD).]

4. Permits allowing use of gill nets by federal agencies or other state agencies. The department may authorize the use of gill nets by federal agencies or other state agencies for purposes of scientific research or public safety projects. Any authorization by the department for a federal agency or another state agency to utilize gill nets must be given through written permit. A. The authority granted to the department under this subsection is subject to the following constraints. (2) Both ends of the gill net must be marked with buoys that are clearly visible from a distance of 300 feet and that identify the state or federal agency responsible for setting the net. (3) The results of each netting must be forwarded on a weekly basis to the department, and the records of the results must be available for public inspection at the department. [PL 2005, c. 477, §22 (AMD).] B. The following penalties apply to violations of paragraph A . (1) A person who violates paragraph A commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. (2) A person who violates paragraph A after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2003, c. 655, Pt. B, §307 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2005, c. 477, §22 (AMD).]
12 M.R.S. § 10908 — ME Code / Title 12 / Part 13 / Chapter 913 / Section 10908
12 §10908. Guide license revocation
Status: in_force

1. Conditions for revocation, suspension, denial. The commissioner may suspend or revoke a guide license pursuant to this subchapter and Title 5, section 10004 . The commissioner may revoke, suspend, refuse to issue or refuse to renew a guide license or the District Court may revoke or suspend a guide license: A. If the guide fails to meet the standards of competency established pursuant to section 12851 ; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. If the guide fails to meet the qualifications for a guide license, including, but not limited to, failure to pass a reexamination conducted pursuant to section 12855, subsection 4 ; [PL 2017, c. 204, §1 (AMD).] C. If the guide is found to be incompetent, negligent or neglectful in the conduct of guiding activities, including, but not limited to, entering into a contractual agreement with a client to provide services and then failing, without just cause, to provide the services as agreed; or [PL 2017, c. 204, §1 (AMD).] D. If the guide or an applicant for a guide license has been convicted of committing a crime in the State or any other jurisdiction that is punishable by imprisonment for a term of one year or more or has been found not criminally responsible by reason of insanity of committing a crime in the State or any other jurisdiction that is punishable by imprisonment for a term of one year or more. (1) A person whose license is revoked, suspended or denied under this paragraph may request a hearing before the commissioner. Following the hearing, the commissioner may issue a guide license or reinstate a guide license that has been revoked, suspended or denied if the commissioner determines that the applicant has been sufficiently rehabilitated from the conviction to warrant the public trust or the nature of the conviction or the circumstances surrounding it do not warrant disqualification from licensure. The request for a hearing under this paragraph must be made within 30 days of receipt of the revocation, suspension or denial of the guide license. (2) An applicant for a guide license or the holder of a guide license must notify the department of a conviction or a finding of not criminally responsible that is grounds under this paragraph for the revocation, suspension or denial of a guide license within 30 days of the conviction or finding. Failure to notify the department is grounds for a permanent denial or revocation of a guide license. [PL 2017, c. 204, §1 (NEW).] [PL 2017, c. 204, §1 (AMD).]

2. Mandatory revocation. The commissioner shall revoke for a period of 3 years the guide license of a guide who is convicted of violating a provision of this Part punishable by a mandatory fine of not less than $1,000 and at least 3 days in jail. The commissioner shall provide notice of revocation as provided in section 10904 . A person whose license has been revoked under this subsection may, within 30 days of the effective date of the revocation, petition the commissioner for a hearing to show cause why the license should not have been revoked. If, after the hearing, the commissioner finds that the person has not been convicted or that the conditions of this subsection do not apply, the revocation is rescinded. If the commissioner finds that the person has been convicted and that the conditions of this subsection apply, the revocation remains in effect. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §107 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 1893-A — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1893-A
12 §1893-A. Recreational management areas
Status: in_force

1. Definitions. As used in this section, the following terms have the following meanings. A. "Excavation" means an excavation for borrow, topsoil, clay or silt, whether alone or in combination. [PL 2001, c. 466, §7 (NEW).] B. "Recreational management area" means an area formerly used for excavation on which trails that have been designed for all-terrain vehicle use are developed and on which recreational use by the public is allowed. [PL 2001, c. 466, §7 (NEW).] [PL 2001, c. 466, §7 (NEW).]

2. Development of recreational management areas. An owner or operator of an excavation site proposing to develop a recreational management area and requesting a variance from reclamation standards under Title 38, section 490‑E shall request the assistance of the office. Upon receipt of a request for assistance, the office shall assess the affected land for suitability for an all-terrain vehicle trail system. The office shall advise the landowner of funding, technical assistance and other assistance available through the ATV Recreational Management Fund established in section 1893, subsections 2 and 3 . When an initial assessment of the affected land indicates the area is appropriate for an all-terrain vehicle trail system, the office may assist the owner or operator in developing a plan and completing a variance application. [PL 2013, c. 405, Pt. D, §8 (AMD).]
12 M.R.S. § 1898 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1898
12 §1898. Leases
Status: in_force

The director may lease for a period not exceeding 30 years, on conditions the director determines necessary, parking lots and nearby sites for the purpose of having, constructing and maintaining by the lessees restaurants, gift shops, marinas and the like. The income from such leases must be credited to the fund. [PL 1997, c. 678, §13 (NEW).]

The director may lease from individuals, corporate organizations, political subdivisions and quasi-public organizations land or buildings, or both, for indeterminate periods not to exceed 99 years for the purpose of constructing and maintaining boating facilities. [PL 1997, c. 678, §13 (NEW).]