12 M.R.S. § 10259 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10259
12 §10259. Whitewater Rafting Fund
Status: in_force

1. Fund established. The Whitewater Rafting Fund, referred to in this section as the "fund," is established to be used by the department, the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands and the affected counties and municipalities to fund activities related to river recreation with primary emphasis on those activities that relate to whitewater trips. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2011, c. 657, Pt. W, §§5, 7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

2. Funding. All fees and surcharges collected under chapter 929 must be credited to the fund, except for license fees collected in accordance with sections 12907 and 12909 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. Budget. [PL 2013, c. 368, Pt. LLLL, §4 (RP).]

4. Use of fund. The fund must be used according to this subsection. A. The money deposited in the fund must be credited as follows. (1) Sixty-five percent of each fee or surcharge must be credited to the department. (2) Twenty-five percent of each fee or surcharge must be credited to the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands. (3) Ten percent of each fee or surcharge must be credited to the county in which the river is located for distribution among the affected municipalities and for use in the affected unorganized townships. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2011, c. 657, Pt. W, §§5, 7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] B. All money from the fund must be expended solely for purposes related to river recreation, with primary emphasis on those activities that relate to whitewater trips, including, but not limited to, administration, regulation, safety education, enforcement, mitigation of environmental and safety problems and mitigation of any adverse effect on competing use of the river. The fund may not be used to pay the cost of administering the whitewater outfitters' license program or the guide license program. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Any amount of the fund that is not expended at the end of a fiscal year does not lapse but must be carried forward. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] D. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this section. Those costs must be verified by the Department of Administrative and Financial Services. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2011, c. 657, Pt. W, §§5, 7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]
12 M.R.S. § 6306 — ME Code / Title 12 / Part 9 / Chapter 615 / Section 6306
12 §6306. Consent to inspection; violation
Status: in_force

1. Consent to inspection. Any person who signs an application for a license or aquaculture lease or receives a license or aquaculture lease under this Part has a duty to submit to inspection and search for violations related to the licensed activities by a marine patrol officer under the following conditions. A. Watercraft or vehicles and the equipment located on watercraft or vehicles used primarily in a trade or business requiring a license or aquaculture lease under this Part may be searched or inspected at any time. [PL 2009, c. 229, §14 (AMD).] B. Any other location where activities subject to this Part are conducted may be inspected or searched during the hours when those activities occur. [PL 1987, c. 713, §2 (NEW).] C. A location specified in paragraph B may be inspected at any time if a marine patrol officer has a reasonable suspicion of a violation of this Part. [PL 1987, c. 713, §2 (NEW).] D. No residential dwelling may be searched without a search warrant unless otherwise allowed by law. [PL 1987, c. 713, §2 (NEW).] [PL 2009, c. 229, §14 (AMD).]

2. Seizure of evidence. Any person who signs an application for a license or aquaculture lease or receives a license or aquaculture lease under this Part has a duty to permit seizure of evidence of a violation of marine resources laws found during an inspection or search. [PL 2009, c. 229, §14 (AMD).]

3. Refusal. Refusal to permit inspection or seizure is a basis for suspension of any or all licenses under this chapter or revocation of aquaculture leases. [PL 2009, c. 229, §14 (AMD).]
12 M.R.S. § 13002 — ME Code / Title 12 / Part 13 / Chapter 933 / Section 13002
12 §13002. Collection by commissioner
Status: in_force

The commissioner or agents of the commissioner shall act on behalf of the State Tax Assessor to collect the use tax due under Title 36, chapters 211 to 225 in respect to any watercraft, snowmobile or ATV for which an original registration is required under this Title at the time and place of registration of that watercraft, snowmobile or ATV. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

All taxes collected pursuant to this section must be transmitted forthwith to the Treasurer of State and credited to the General Fund as undedicated revenue. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this section. Those administrative costs must be verified by the Department of Administrative and Financial Services. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

For purposes of this section, "original registration" means any registration other than a renewal of registration by the same owner. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 1862 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1862
12 §1862. Submerged and intertidal lands owned by State
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Commercial fishing activity" means any activity involving the landing or processing of shellfish, finfish or other natural products of the sea or other activities directly related to landing or processing shellfish, finfish or natural sea products. "Commercial fishing activity" includes loading or selling those products and fueling. [PL 1997, c. 678, §13 (NEW).] B. "Dockominium" means slip space that is sold or leased by a lessee of submerged lands to a boat or vessel owner for more than one year. [PL 1997, c. 678, §13 (NEW).] C. "Fair market rental value," for all uses of submerged lands except slip space rented or otherwise made available for private use for a fee, means the municipally assessed value per square foot for the adjacent upland multiplied by a reduction factor plus a base rate based on the use of the leased submerged land as specified in this section. This value is then multiplied by the square foot area of the proposed lease area to determine the annual rental rate. For slip space rented or otherwise made available for private use for a fee, the fair market rental value is the gross income from that space multiplied by a reduction factor as specified in this section based on the use of the leased submerged land. [PL 2009, c. 316, §1 (AMD); PL 2009, c. 316, §7 (AFF).] D. "Gross income" means the total annual income received by a lessee from seasonal or transient rental to the general public of slip space over submerged land. For dockominiums, slips that are part of a residential condominium, boat clubs and other facilities with slip space that is not rented or leased to the general public, the director shall determine gross income by calculating a regional average slip space rental fee and applying that to the portion of total linear length of slip space made available to private users for any portion of that year. [PL 1997, c. 678, §13 (NEW).] D-1. [PL 2009, c. 316, §2 (RP); PL 2009, c. 316, §7 (AFF).] E. "Occupying," in terms of a structure or alteration, means covering the total area of the structure or alteration itself to the extent that the area within its boundaries is directly on or over the state-owned lands. [PL 1997, c. 678, §13 (NEW).] E-1. "Offshore project" means a project that extends beyond localized development adjacent to a single facility or property. "Offshore project" includes, but is not limited to, tanker ports, ship berthing platforms requiring secondary transport to shore, an interstate or international pipeline or cable and similar projects. "Offshore project" does not include a shore-based pier, marina or boatyard or utility cable and pipelines serving neighboring communities or islands. “Offshore project” does not include a wind, tidal, wave or other renewable ocean energy project. [PL 2009, c. 615, Pt. B, §1 (AMD).] F. "Permanent" means occupying submerged and intertidal lands owned by the State during 7 or more months during any one calendar year. [PL 1997, c. 678, §13 (NEW).] F-1. "Renewable ocean energy project" means one or more of the following located in coastal wetlands, as defined by Title 38, section 480‑B, subsection 2 : (1) An offshore wind power project, as defined by Title 38, section 480‑B, subsection 6‑A or by Title 38, section 482, subsection 8 , and with an aggregate generating capacity of 3 megawatts or more; (2) A community-based offshore wind energy project, as defined by section 682, subsection 19 ; (3) A hydropower project, as defined by Title 38, section 632, subsection 3 , that uses tidal or wave action as a source of electrical or mechanical power; or (4) Other development activity that produces electric or mechanical power solely through use of wind, waves, tides, currents, ocean temperature clines, marine biomass or other renewable sources in, on or over the State's coastal waters, as defined by section 6001, subsection 6 , to the 3-mile limit of state ownership recognized under the federal Outer Continental Shelf Lands Act, 43 United States Code, Chapter 29, Subchapter III (2009), and that includes both "generating facilities," as defined by Title 35-A, section 3451, subsection 5 and "associated facilities," as defined by Title 35‑A, section 3451, subsection 1 . [PL 2009, c. 615, Pt. B, §1 (NEW).] G. "Slip space" means the area adjacent to a pier or float that is used for berthing a boat. [PL 1997, c. 678, §13 (NEW).] [PL 2009, c. 615, Pt. B, §1 (AMD).]

2. Submerged lands leasing program. The director may conduct a submerged lands leasing program under which, except as otherwise provided by subsection 13 , the director may lease, for a term of years not exceeding 30 and with conditions the director considers reasonable, the right to dredge, fill or erect permanent causeways, bridges, marinas, wharves, docks, pilings, moorings or other permanent structures on submerged and intertidal land owned by the State. The director may refuse to lease submerged lands if the director determines that the lease will unreasonably interfere with customary or traditional public access ways to or public trust rights in, on or over the intertidal or submerged lands and the waters above those lands. A. For fill, permanent causeways, bridges, marinas, wharves, docks, pilings, moorings or other permanent structures and for nonpermanent structures occupying a total of 500 square feet or more of submerged land or occupying a total of 2,000 square feet or more of submerged land if used exclusively for commercial fishing activities: (1) Except as otherwise provided by subsection 13 , the director shall charge the lessee a rent that practically approximates the fair market rental value of the submerged land. The reduction factors and base rate for use categories are as follows: (a) A reduction factor of 0% with no base rate or rental fee for nonprofit organizations or publicly owned facilities that offer free public use or public use with nominal user fees. Public uses include, but are not limited to, municipal utilities and facilities that provide public access to the water, town wharves, walkways, fishing piers, boat launches, parks, nature reserves, swimming or skating areas and other projects designed to allow or enhance public recreation, fishing, fowling and navigation and for which user fees are used exclusively for the maintenance of the facility; (b) A reduction factor of 0.1% plus a base rate of $0.025 per square foot for commercial fishing uses of renewable aquatic resources. Commercial uses of renewable aquatic resources include, but are not limited to, facilities that are directly involved in commercial fishing activities. Such facilities include, but are not limited to, fish piers, lobster impoundments, fish processing facilities and floats or piers for the storage of gear; (c) A reduction factor of 2% for any slip space rented or otherwise made available for private use by commercial fishing boats for a fee; (d) A reduction factor of 0.2% plus a base rate of $0.05 per square foot for water-dependent commerce, industry and private uses. Water-dependent commerce, industry and private uses other than commercial uses of renewable aquatic resources include, but are not limited to, all facilities that are functionally dependent upon a waterfront location, can not reasonably be located or operated on an upland site or are essential to the operation of the marine industry. Such facilities include, but are not limited to, privately owned piers and docks, cargo ports, private boat ramps, shipping and ferry terminals, tug and barge facilities, businesses that are engaged in watercraft construction, maintenance or repair, aquariums and the area within marinas occupied by service facilities, gas docks, breakwaters and other structures not used for slip space; (e) A reduction factor of 4% for any slip space rented or otherwise made available for private use for recreational boats for a fee; and (f) A reduction factor of 0.2% for upland uses and fill located on submerged lands prior to July 1, 2009 and 0.4% for new upland uses and fill after July 1, 2009 plus a base rate of $0.05 per square foot. Upland uses include, but are not limited to, all uses that can operate in a location other than on the waterfront or that are not essential to the operation of the marine industry. These facilities include, but are not limited to, residences, offices, restaurants and parking lots. Fill must include the placement of solid material other than pilings or other open support structures upon submerged lands. If the director determines that the municipally assessed value of the adjacent upland is not an accurate indicator of the value of submerged land, the director may make adjustments in the municipally assessed value so that it more closely reflects the value of comparable waterfront properties in the vicinity or require the applicant to provide an appraisal of the submerged land. The appraisal must be approved by the director. For offshore projects where municipally assessed value for the adjacent upland or submerged lands appraisals are unavailable or the director determines that such assessment or appraisals do not accurately indicate the value of the submerged land, the director may establish the submerged lands annual rental rate and other public compensation as appropriate by negotiation between the bureau and the applicant. In such cases the annual rent and other public compensation must take into account the proposed use of the submerged lands, the extent to which traditional and customary public uses may be diminished, the public benefit of the project, the economic value of the project and the avoided cost to the applicant. If the State's ability to determine the values listed in this paragraph or to carry out negotiations requires expertise beyond the program's capability, the applicant must pay for the costs of contracting for such expertise; (2) After October 1, 1990, the director may revalue all existing rents to full fair market rental value. Rents for all uses except slip space may be adjusted annually as needed over a period not to exceed 5 years until the full fair market rental value is reached. After the full fair market rental value is reached, the director may revalue rents for all uses except slip space every 5 years based on changes in municipally assessed value and programmatic cost adjustments to the base rate. Adjustments to the base rate may not exceed 4% per year. Rents for slip space may fluctuate annually depending on the gross income of the facility; (3) Except as otherwise provided by subsection 13 , the director may also lease a buffer zone of not more than 30 feet in width around a permanent structure located on submerged or intertidal land, as long as the lease is necessary to preserve the integrity and safety of the structure and that the Commissioner of Marine Resources consents to that lease; (4) Any existing or proposed lease may be subleased for the period of the original lease for the purpose of providing berthing space for any boat or vessel; (5) No portion of an existing or proposed lease may be transferred from a person subleasing that portion to provide berthing space for any boat or vessel except for a transfer to heirs upon death of the sublessee holder or a transfer to the original leaseholder subject to terms agreed to by the lessor and sublessee at the time of the sublease. This subparagraph does not apply to any subleasing arrangements entered into before June 15, 1989; and (6) The director may grant the proposed lease if the director finds that, in addition to any other findings that the director may require, the proposed lease: (a) Will not unreasonably interfere with navigation; (b) Will not unreasonably interfere with fishing or other existing marine uses of the area; (c) Will not unreasonably diminish the availability of services and facilities necessary for commercial marine activities; and (d) Will not unreasonably interfere with ingress and egress of riparian owners. [PL 2009, c. 615, Pt. B, §1 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] B. For dredging, impounded areas and underwater cables and pipelines, the director shall develop terms and conditions the director considers reasonable. [PL 1997, c. 678, §13 (NEW).] C. The director shall charge an administrative fee of $100 for each lease in addition to any rent. A fee of $200 must be charged for a lease application that is received after work has begun for the proposed project. [PL 2003, c. 254, §1 (AMD).] D. Except as otherwise provided by subsection 13 , the minimum rent to which any lease is subject is $150 per year. [PL 2009, c. 615, Pt. B, §1 (AMD).] E. [PL 2007, c. 540, §1 (AMD); MRSA T. 12 §1862, sub-§2, ¶E (RP).] F. Within 15 days of receipt of a copy of an application submitted to the Department of Environmental Protection for a general permit under Title 38, section 480‑HH or Title 38, section 636‑A, the director shall, if requested by the applicant, provide the applicant a lease option, to be effective on the date of receipt of the application, for use of state-owned submerged lands that are necessary to fulfill the project purposes as identified in the application. Within 30 days of receiving notice and a copy of a general permit granted pursuant to Title 38, section 480‑HH or Title 38, section 636‑A, the director shall waive the review procedures and standards under this section and issue a submerged lands lease for the permitted activity. The term of the lease must be consistent with that of the permit, including any extension of the permit, and the period of time needed to fully implement the project removal plan approved pursuant to Title 38, section 480‑HH or Title 38, section 636‑A, as applicable. The director may include lease conditions that the director determines reasonable, except that the conditions may not impose any requirement more stringent than those in a permit granted under Title 38, section 480‑HH or Title 38, section 636‑A , as applicable, and may not frustrate achievement of the purpose of the project. [PL 2009, c. 270, Pt. B, §1 (NEW).] In making findings pursuant to this subsection regarding a renewable ocean energy project, the director shall adopt all pertinent findings and conclusions in a permit issued for the project pursuant to chapter 206‑A or pursuant to Title 38, chapter 3, subchapter 1, article 5‑A or 6 or Title 38, chapter 5, subchapter 1, article 1, subarticle 1-B, as applicable, and may condition issuance of a lease for such a project on receipt of all pertinent approvals by the Department of Environmental Protection or the Maine Land Use Planning Commission, as applicable, and other conditions the director considers reasonable. [PL 2009, c. 615, Pt. B, §1 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2011, c. 682, §38 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

2-A. Lease renewal. A lessee who is in compliance with all terms of that person's lease may apply at any time to renew the lease. The director shall approve the lease renewal if the existing lease complies with or can be amended to comply with all applicable laws, rules and public trust principles in effect at the time of the renewal application. This subsection applies to all leases in effect on the effective date of this subsection and to all leases executed on or subsequent to the effective date of this subsection. [PL 1997, c. 678, §13 (NEW).]

3. Easements. The director may grant, upon terms and conditions the director considers reasonable, assignable easements for a term not to exceed 30 years for the use of submerged and intertidal lands for the purposes permitted in subsection 2 . The grantee shall pay an administrative fee of $100 for each easement at the time of processing and a registration fee of $50 due every 5 years. An administrative fee of $200 must be charged for an easement application that is received after work has begun for the proposed project. The director may refuse to grant an easement for the use of submerged and intertidal lands if the director determines that the easement will unreasonably interfere with customary or traditional public access ways to or public trust rights in, on or over the intertidal or submerged lands and the waters above those lands. The director may grant an easement for submerged and intertidal lands if a structure: A. Is for the exclusive benefit of the abutting upland owner for charitable purposes as defined in the United States Internal Revenue Code, Section 501, (c) (3); [PL 1997, c. 678, §13 (NEW).] B. Occupies a total of not more than 500 square feet of submerged and intertidal land for any lawful purpose and is permanent; or [PL 1997, c. 678, §13 (NEW).] C. Occupies a total of not more than 2,000 square feet of submerged and intertidal land for the exclusive purpose of commercial fishing activities and is permanent. [PL 1997, c. 678, §13 (NEW).] [PL 2003, c. 254, §2 (AMD).]

4. Adjustment of terms. The director may adjust from time to time, consistent with the provisions of this section, conditions applicable to any leasehold or easement entered into under this section in any parcel of state-owned submerged or intertidal land. Rent may not be charged for leases entered into before July 1, 1984 if the actual use of the leased land is eligible for an easement under subsection 3 . [PL 1997, c. 678, §13 (NEW).]

5. Review of uses. In the case of easements, the director shall review from time to time the purposes for which the land conveyed has actually been used, and, in the event any such purpose is found to be inconsistent with the criteria set forth in subsection 3 for eligibility for an easement, the easement must terminate and the director may enter into a leasehold agreement with the holder of the easement in accordance with subsection 2 . [PL 1997, c. 678, §13 (NEW).]

6. Constructive easements. The owner of any structure actually upon submerged and intertidal lands on October 1, 1975 is deemed to have been granted a constructive easement for a term of 30 years on the submerged land directly underlying the structure. Beginning on January 1, 1991, the bureau shall undertake a registration program for all structures granted constructive easements. Constructive easements are subject to administrative and registration fees for easements pursuant to subsection 3 . The director shall develop procedures, rules and registration forms necessary to accomplish the purposes of this subsection. The bureau shall complete the registration of constructive easements on or before December 31, 1996. [PL 1997, c. 678, §13 (NEW).]

7. Consultation. The director shall consult with the commissioner, the Commissioner of Marine Resources, the Commissioner of Inland Fisheries and Wildlife and any other agencies or organizations the director considers appropriate in developing and implementing terms, conditions and consideration for conveyances under this section. When rental terms under subsection 13 for a renewable ocean energy project are at issue, the director also shall consult with the Public Utilities Commission. The director may determine to make proprietary conveyances under this section solely on the basis of the issuance of environmental or regulatory permits by other appropriate state agencies. [PL 2009, c. 615, Pt. B, §1 (AMD).]

8. Rules. [PL 2001, c. 604, §12 (RP).]

9. Public compensation. Except as otherwise provided by subsection 13 , with respect to any lease, including, but not limited to, leases for offshore projects, when the director determines that the public should be compensated for the loss or diminution of traditional and customary public uses resulting from the activities proposed by the lessee, the director may negotiate with the lessee to provide public access improvements such as walkways, boat launching ramps, parking space or other facilities or negotiate a fee in lieu of such improvements as a condition of the lease. The determination of loss or diminution of traditional and customary public uses and appropriate public compensation must be made in consultation with local municipal officials. [PL 2009, c. 615, Pt. B, §1 (AMD).]

10. Aquaculture exemption. A lease for the use of lands under this section is not required for the development and operation of any aquaculture facility if the owner or operator of the facility has obtained a lease from the Commissioner of Marine Resources under section 6072 . Ancillary equipment and facilities permanently occupying submerged lands on the lease site and not explicitly included in the lease granted by the Commissioner of Marine Resources are not exempt from the requirements of this section. [PL 1997, c. 678, §13 (NEW).]

11. Revenues. Except as otherwise provided by subsection 13 , all revenues from the bureau's activities under this section accrue to the Submerged Lands Fund established in section 1861 . [PL 2009, c. 615, Pt. B, §1 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

12. Annual report dealing with submerged lands. The bureau shall prepare and submit a written report on or before March 1st of each year to the joint standing committee of the Legislature having jurisdiction over submerged lands matters. The report must include the following information: A. A complete account of the income and expenditures pertaining to submerged lands during the preceding fiscal year; [PL 2013, c. 256, §9 (AMD).] B. A summary of the bureau's management activities during the preceding fiscal year regarding leases, easements and other appropriate subjects; [PL 2013, c. 256, §10 (AMD); PL 2013, c. 405, Pt. A, §24 (REV).] C. A summary of any Shore and Harbor Management Fund grants made under section 1863 ; and [PL 1997, c. 678, §13 (NEW).] D. A description of the proposed budget, including allocations for the bureau's dedicated funds and any revenues of the bureau from leases and easements for the following fiscal year. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] The joint standing committee of the Legislature having jurisdiction over submerged lands matters shall review the report and submit a written recommendation regarding the bureau's proposed budget to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs on or before March 15th of each year. [PL 2013, c. 256, §§9, 10 (AMD); PL 2013, c. 405, Pt. A, §24 (REV).]

13. Special provisions regarding renewable ocean energy projects. The provisions in this subsection govern renewable ocean energy projects. A. The Legislature finds that: (1) The State's coastal waters and submerged lands provide unique and valuable opportunities for development of wind and tidal power and, potentially, other indigenous, renewable ocean energy resources, such as wave power; (2) Climate change and related degradation or loss of marine resources and related human uses make development of and transition to use of renewable ocean energy resources consistent with sound stewardship of the State's public trust resources; (3) Proper and efficient functioning of certain generation and associated facilities that use the energy potential of the State's indigenous, renewable ocean energy resources depends upon their deployment in a marine environment and, accordingly, such facilities may to the extent necessary be located in, on or over state-owned submerged lands; and (4) With appropriate provision for avoidance and minimization of and compensation for harm to existing public trust-related uses and resources, such as fishing and navigation; consideration of potential adverse effects on existing uses of the marine environment; restoration of affected lands upon completion of authorized uses pursuant to permitting criteria; and adequate compensation to the public for use of its trust resources pursuant to state submerged lands leasing criteria, development of these renewable ocean energy resources in appropriate locations promises significant public trust-related benefits to the people of this State for whom the State holds and manages submerged lands and their resources. [PL 2009, c. 615, Pt. B, §1 (NEW).] B. In accordance with the findings in paragraph A, the following provisions apply to an application for a lease or easement for a renewable ocean energy project. (1) No more than 30 days prior to filing applications in accordance with this paragraph, an applicant for a lease or easement for a renewable ocean energy project shall participate in a joint interagency preapplication meeting that includes the Department of Marine Resources and is in accordance with permitting procedures of the Department of Environmental Protection or the Maine Land Use Planning Commission, as applicable. (2) An applicant for a lease or easement for a renewable ocean energy project must file and certify to the director that it has filed completed applications for requisite state permits under chapter 206‑A or Title 38, chapter 3, subchapter 1, article 5‑A or 6 or Title 38, chapter 5, subchapter 1, article 1, subarticle 1‑B, as applicable, prior to or concurrently with submission of its submerged lands lease application under this section and shall provide a copy of any such applications to the director upon request. (3) The director shall provide notice to the Marine Resources Advisory Council under section 6024 and any lobster management policy council established pursuant to section 6447 in whose or within 3 miles of whose designated lobster management zone created pursuant to section 6446 the proposed development is located. The Marine Resources Advisory Council and any lobster management policy council notified pursuant to this subparagraph may provide comments within a reasonable period established by the director, and the director shall consider the comments in making findings pursuant to subsection 2, paragraph A, subparagraph (6). (4) The director may issue a lease or easement for a hydropower project, as defined in Title 38, section 632, subsection 3 , that uses tidal or wave action as a source of electrical or mechanical power, for a term not to exceed 50 years, as long as the lease term is less than or equal to the term of the license for the project issued by the Federal Energy Regulatory Commission. (5) If requested by an applicant, and with provision for public notice and comment, the director may issue one or more of the following for a renewable ocean energy project prior to issuance of a 30-year lease for the project: (a) A lease option, for a term not to exceed 2 years, that establishes that the leaseholder, for purposes of consideration of its application for state permit approvals under chapter 206‑A or Title 38, chapter 3, subchapter 1, article 5‑A or 6 or Title 38, chapter 5, subchapter 1, article 1 , subarticle 1‑B, as applicable, has title, right or interest in a specific area of state submerged lands needed to achieve the purposes of the project as described in conceptual plans in the lease application; (b) A submerged lands lease, for a term not to exceed 3 years, that authorizes the leaseholder to undertake feasibility testing and predevelopment monitoring for ecological and human use impacts as described in conceptual plans in the lease application and conditioned on receipt of requisite federal, state and local approvals; and (c) A submerged lands lease, for a term not to exceed 5 years, that authorizes the leaseholder to secure requisite federal, state and local approvals and complete preoperation construction, as long as the applicant provides detailed development plans describing all operational conditions and restrictions. (6) Except as otherwise provided in this paragraph, the annual rent for a wind energy demonstration project for which a general permit has been issued under Title 38, section 480-HH is $10,000 per year for the term of the general permit. The annual rent for a tidal energy demonstration project for which a general permit has been issued under Title 38, section 636-A is $100 per acre of submerged lands occupied by the project for the term of the general project, except that the annual rent may not exceed $10,000. As used in this paragraph, "submerged lands occupied" includes the sum of the area on which turbines, testing and monitoring equipment, anchoring or mooring lines, submerged transmission cables or other structures are placed and any additional area from which the director finds it necessary to exclude transient public trust uses to avoid unreasonable interference with the project's purposes. An annual rent is not required for an offshore wind energy demonstration project located in the Maine Offshore Wind Energy Research Center, as designated by the department under section 1868, subsection 2. (7) The director shall charge a lessee an annual rent in accordance with a fee schedule, established by the bureau by rule, that balances state goals of assurance of fair compensation for use and mitigation of potential adverse effects on or conflict with existing uses of state-owned submerged lands that are held in trust for the people of the State with state renewable ocean energy-related goals, including state wind energy generation goals established in Title 35‑A, section 3404, subsection 2 . Rules adopted pursuant to this subparagraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . (8) The director may not require additional public compensation pursuant to subsection 9 . (9) The director may issue a lease for a buffer zone comprising a land or water area around permanent structures located on submerged or intertidal land if: (a) The director determines such a buffer zone is necessary to preserve the integrity or safety of the structure or fulfill the purposes of the project; and (b) The director consults with the Commissioner of Marine Resources regarding the need for such a buffer, its location and size and options to minimize its potential effects on existing uses. [PL 2009, c. 615, Pt. B, §1 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2011, c. 682, §38 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] [PL 2009, c. 615, Pt. B, §1 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2011, c. 682, §38 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

14. Prohibition on oil and natural gas exploration, development and production. Notwithstanding any other provision of law to the contrary, the director may not permit, approve or otherwise authorize any oil or natural gas exploration, development or production in, on or under the submerged and intertidal land owned by the State. As used in this subsection, "development" has the same meaning as in Title 38, section 570‑AA, subsection 1; "exploration" has the same meaning as in Title 38, section 570‑AA, subsection 2; and "production" has the same meaning as in Title 38, section 570‑AA, subsection 3. [PL 2019, c. 294, §1 (NEW).]
12 M.R.S. § 6749-U — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6749-U
12 §6749-U. Extension of closing dates
Status: in_force

The commissioner may by rule extend the closing dates established under sections 6749 and 6749‑N for entire zones or portions of zones for the purpose of conserving spawning sea urchins. [PL 1995, c. 392, §9 (NEW).]
12 M.R.S. § 13106-A — ME Code / Title 12 / Part 13 / Chapter 937 / Section 13106-A
12 §13106-A. Operation of snowmobile
Status: in_force

1. No permission given. This chapter does not give license or permission to cross or go on the property of another. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Stop and identify requirement. Persons operating a snowmobile upon the land of another shall stop and identify themselves upon the request of the landowner or the landowner's representative. A person who violates this subsection commits a Class E crime. [PL 2025, c. 267, §3 (AMD).]

3. Operating snowmobile upon controlled access highway. Except as provided in paragraph A , a person may not operate a snowmobile upon a controlled access highway or within the right-of-way limits of a controlled access highway. A. A person may operate a snowmobile upon a controlled access highway or within the right-of-way limits of a controlled access highway in accordance with this paragraph. (1) A person on a properly registered snowmobile may cross controlled access highways by use of bridges over or roads under those highways, or by use of roads crossing controlled access highways at grade. (2) The Commissioner of Transportation may issue special permits for designated crossings of controlled access highways. (3) A person on a properly registered snowmobile may operate the snowmobile within the right-of-way limits of a controlled access highway on a trail segment approved by the Commissioner of Transportation or the board of directors of the Maine Turnpike Authority, as applicable. At the request of the Commissioner of Agriculture, Conservation and Forestry, the Commissioner of Transportation or the board of directors of the Maine Turnpike Authority, as applicable, may permit construction of a snowmobile trail within the right-of-way limits of a controlled access highway under the jurisdiction of the Department of Transportation or the Maine Turnpike Authority being constructed on or after January 1, 2016 when there is an ability to provide for the continuity of a state-owned or state-controlled network of snowmobile trails. Funds for the construction of a snowmobile trail under this paragraph may not be provided from the Highway Fund. [PL 2015, c. 413, §1 (AMD).] 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. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2015, c. 413, §1 (AMD).]

4. Unlawfully operating snowmobile on plowed road. A person may not operate a snowmobile upon any plowed private road, or public road plowed privately without public compensation, after having been forbidden to do so by the owner thereof, the owner's agent or a municipal official, either personally or by appropriate notices posted conspicuously on that road. 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. [PL 2003, c. 655, Pt. B, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

5. Operating snowmobile on public way. Except as provided in subsection 3 and this subsection, a person may not operate a snowmobile upon the main traveled portion, the sidewalks or the plowed snowbanks of a public way. A. A properly registered snowmobile may be operated on a public way only the distance necessary, but in no case to exceed 500 yards, on the extreme right of the traveled way for the purpose of crossing, as directly as possible, a public way, sidewalk or culvert. [PL 2011, c. 533, §11 (AMD).] B. A properly registered snowmobile may be operated on a public way only the distance necessary, but in no case to exceed 500 yards, on the extreme right of the traveled way for the sole purpose of crossing, as directly as possible, a bridge, overpass or underpass, as long as that operation can be made in safety and that it does not interfere with vehicular traffic approaching from either direction on the public way. [PL 2017, c. 164, §26 (AMD).] C. A snowmobile may be operated on any portion of a public way when the public way has been closed in accordance with Title 23, section 2953 . [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] D. If the main traveled portion of a public way is publicly plowed and utilized by conventional motor vehicles, a snowmobile may be operated only on that portion of the way not maintained or utilized for the operation of conventional motor vehicles, except that operation on the left side of the way is prohibited during the hours from sunset to sunrise on the portion of the way not maintained or utilized for the operation of conventional motor vehicles. This paragraph does not apply to a snowmobile operated by a public utility regulated by the Public Utilities Commission while being operated in the course of the utility's corporate function, so that public utilities may effectively and speedily carry out their obligations to the public. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] E. A snowmobile may be operated on streets and public ways during a period of emergency when the emergency has been so declared by a police agency having jurisdiction and when travel by conventional motor vehicles is not practicable. This paragraph does not apply to a snowmobile operated by a public utility regulated by the Public Utilities Commission while being operated in the course of the utility's corporate function, so that public utilities may effectively and speedily carry out their obligations to the public. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] F. A snowmobile may be operated on streets and public ways in special snowmobile events of limited duration conducted according to a prearranged schedule and under a permit from the governmental unit having jurisdiction. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] G. Notwithstanding paragraphs A to F , a snowmobile may be operated on the extreme right of a public way within the built-up portion of a municipality or unorganized or unincorporated township if the appropriate governmental unit has designated the public way as a snowmobile-access route for the purpose of allowing snowmobiles access to places of business. A public way designated by an appropriate governmental unit as a snowmobile-access route must be posted conspicuously at regular intervals by that governmental unit with highly visible signs designating the snowmobile-access route. Before designating a public way as a snowmobile-access route, the appropriate governmental unit shall make appropriate determinations that snowmobile travel on the extreme right of the public way may be conducted safely and will not interfere with vehicular traffic on the public way. For purposes of this paragraph, "appropriate governmental unit" means the Department of Transportation, county commissioners or municipal officers within their respective jurisdictions. The jurisdiction of each appropriate governmental unit over public ways pursuant to this paragraph is the same as its jurisdiction over the passage of vehicles on public ways pursuant to Title 29‑A, section 2395 . Municipal or county law enforcement officials having jurisdiction have primary enforcement authority over any route established under this paragraph. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] H. 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. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2017, c. 164, §26 (AMD).]

6. Failing to stop snowmobile before entering public way. A person shall bring a snowmobile to a complete stop before entering a public way or a private way maintained for travel. 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. [PL 2003, c. 655, Pt. B, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

7. Failing to yield right-of-way while operating snowmobile. A person shall yield the right-of-way to all vehicular traffic while operating a snowmobile on a public way or a private way maintained for travel. 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. [PL 2003, c. 655, Pt. B, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

8. Crossing closed bridge, culvert, overpass or underpass with snowmobile. This subsection applies to the crossing with a snowmobile of a bridge, culvert, overpass or underpass closed to snowmobiles by the Commissioner of Transportation. A. A person may not cross with a snowmobile a bridge, culvert, overpass or underpass closed to snowmobiles by the Commissioner of Transportation. (1) The Commissioner of Transportation may, following a public hearing, prohibit the crossing of an individual bridge, culvert, overpass or underpass if the commissioner determines that that crossing or use of the public way is hazardous. (2) Any bridge, culvert, overpass or underpass closed by the Commissioner of Transportation must be posted by appropriate notices. [PL 2003, c. 655, Pt. B, §394 (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. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

9. Reckless operation of snowmobile. A person may not operate a snowmobile in such a way as to recklessly create a substantial risk of serious bodily injury to another person. Violation of this subsection is a Class D crime. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

10. Operating snowmobile to endanger. A person may not operate a snowmobile so as to endanger any person or property by: A. Operating the snowmobile except at a reasonable and prudent speed for the existing conditions, including when approaching and crossing an intersection or railway grade crossing, when approaching and taking a curve, when approaching a hill crest, when traveling upon any narrow or winding trail and when a special hazard exists with respect to pedestrians, skiers or other traffic by reason of weather or trail conditions; or [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. Operating the snowmobile in a manner that fails to control its speed at all times as necessary to avoid colliding with any person, vehicle, snowmobile or other object. [PL 2019, c. 452, §12 (AMD).] A person who violates this subsection commits a Class E crime. [PL 2019, c. 452, §12 (AMD).]

11. Operating snowmobile at greater than reasonable and prudent speed. A person may not operate a snowmobile except at a reasonable and prudent speed for the existing conditions. A person who violates this subsection commits a Class E crime. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

12. Operating snowmobile while underage. A person under 14 years of age may not operate a snowmobile across any public way maintained for travel. 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. [PL 2003, c. 655, Pt. B, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

13. Permitting unaccompanied child to operate snowmobile. A person may not permit a child under 10 years of age to operate a snowmobile unless the child is accompanied by an adult. This subsection does not apply on land that is owned by the parent or guardian or on land where permission for use has been granted to the parent or guardian. 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. [PL 2003, c. 655, Pt. B, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

14. Snowmobile noise level limits. [PL 2017, c. 71, §1 (RP).]

14-A. Snowmobile noise requirements. This subsection governs noise level requirements for snowmobiles. A. Except as provided in section 13112 , a person may not: (1) Operate a snowmobile manufactured after February 1, 2007 that does not display on its exhaust silencer a visible, unaltered certification marking issued by an independent organization that certifies snowmobiles for uniformity of safety features and noise levels; (2) Operate a snowmobile manufactured after October 1, 1985 that emits total vehicle noise greater than 78 decibels of sound pressure level at 50 feet on the "A" scale, as measured by the SAE standards J-192; or (3) Operate a snowmobile with an exhaust system that has been modified in a manner that amplifies or otherwise increases total noise emission above that of the snowmobile as originally constructed, regardless of the date of manufacture. A snowmobile manufactured on or before October 1, 1973 is not subject to a specific noise level, except that a person may not operate a snowmobile modified in violation of subparagraph (3). [PL 2017, c. 71, §2 (NEW).] 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. [PL 2017, c. 71, §2 (NEW).] [PL 2017, c. 71, §2 (NEW).]

15. Snowmobile headlight and taillight equipment requirements. Except as provided in section 13112 , a person may not operate a snowmobile that is not equipped as provided in this subsection. A. A person may not operate a snowmobile unless the snowmobile has mounted: (1) On the front at least one headlight capable of casting a white beam for a distance of at least 100 feet directly ahead of the snowmobile; and (2) On the rear at least one taillight capable of displaying a red light visible at a distance of at least 100 feet behind the snowmobile. [PL 2021, c. 184, §13 (AMD).] 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. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2021, c. 184, §13 (AMD).]

16. Required use of snowmobile lights. Except as provided in section 13112 , a person shall use lights as specified in this subsection. A. A person shall use snowmobile lights: (1) During the period from 1/2 hour after sunset to 1/2 hour before sunrise; and (2) At any time when, due to insufficient light or unfavorable atmospheric conditions caused by fog or otherwise, other persons, vehicles and other objects are not clearly discernible for a distance of 500 feet ahead. [PL 2003, c. 655, Pt. B, §394 (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. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

17. Unlawfully operating snowmobile on railroad tracks. The following provisions govern the operation of a snowmobile on railroad tracks or railroad rights-of-way. A. A person may not operate a snowmobile along or adjacent and parallel to the tracks of a railroad within the limits of a railroad right-of-way without written permission from the railroad owning the right-of-way. (1) A person who violates this paragraph 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 paragraph 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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. A person may not operate a snowmobile across the tracks of a railroad after having been forbidden to do so by the railroad owning the railroad right-of-way, or by an agent of that railroad, either personally or by appropriate notices posted conspicuously along the railroad right-of-way. (1) A person who violates this paragraph 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 paragraph 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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. Notwithstanding this subsection, a person may operate a snowmobile on railroad tracks if the person is operating within the right-of-way of a portion of railroad line that has been officially abandoned under the authority of the Interstate Commerce Commission. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

18. Operating snowmobile in cemetery. A person may not operate a snowmobile in any cemetery, burial place or burying ground. 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. [PL 2003, c. 655, Pt. B, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

19. Operating too close to certain buildings. A person may not operate a snowmobile within 200 feet of a dwelling, hospital, nursing home, convalescent home or church. A. This subsection does not apply when a person is operating a snowmobile: (1) On public ways in accordance with subsections 5 and 8 or on controlled access highways in accordance with subsection 3, paragraph A ; (2) On the frozen surface of any body of water; and (3) On land the operator owns or is permitted to use. [PL 2021, c. 184, §14 (AMD).] 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. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2021, c. 184, §14 (AMD).]

20. Abuse of another person's property. A person may not while operating a snowmobile: A. Tear down or destroy a fence or wall on another person's land; [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. Leave open a gate or bar on another person's land; or [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. Trample or destroy crops on another person's land. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] A person who violates this subsection commits a Class E crime. [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

21. Snowmobile owner; operation by another. A person is in violation of this subsection if that person is the owner of a snowmobile that is operated in violation of this chapter. 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. [PL 2003, c. 655, Pt. B, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

22. Parent or guardian; operation by minor. A person is in violation of this subsection if that person is the parent or guardian responsible for the care of a minor under 18 years of age who is operating a snowmobile in violation of this chapter. 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. [PL 2003, c. 655, Pt. B, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

23. Failure to report accident. [PL 2005, c. 436, §5 (RP).]

24. Operating snowmobile on open water. A person may not operate or attempt to operate a snowmobile on open water. For purposes of this subsection, "open water" means any area of an inland water body that is free of ice and snow. This subsection does not apply to private ponds. Notwithstanding Title 17, section 2267‑A, subsection 3 , the owner or operator of a snowmobile that has been submerged or partially submerged as a result of a violation of this subsection shall remove the snowmobile within 24 hours of its submersion. The owner or operator of a snowmobile submerged or partially submerged as a result of a violation of this subsection shall pay any damages resulting from the submersion or removal. If the owner or operator of a snowmobile submerged or partially submerged as the result of a violation of this subsection fails to remove the snowmobile within 24 hours of its submersion, the commissioner may remove the snowmobile at the expense of the owner or operator or request in writing that the court direct the owner or operator to remove the snowmobile immediately. 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. [PL 2003, c. 655, Pt. B, §394 (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

25. Headgear required. This subsection applies to snowmobile trails funded by the Snowmobile Trail Fund of the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands. A. A person operating a snowmobile on a snowmobile trail identified by the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands as having been funded by the Snowmobile Trail Fund pursuant to section 1893, subsection 3 : (1) If the person is under 18 years of age, shall wear protective headgear that conforms to the standards established under Title 29‑A, section 2083, subsection 3 ; and (2) May not carry a passenger under 18 years of age on the snowmobile unless the passenger is wearing protective headgear that conforms to the standards established under Title 29‑A, section 2083, subsection 3 . [RR 2011, c. 2, §12 (COR); PL 2013, c. 405, Pt. A, §24 (REV).] B. The Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands shall develop an administratively simple means of identifying trails that have been funded by the Snowmobile Trail Fund so that snowmobile riders can readily determine to which trails this subsection applies. [RR 2011, c. 2, §12 (COR); PL 2013, c. 405, Pt. A, §24 (REV).] C. The following penalties apply to violations of this subsection. (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, §394 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [RR 2011, c. 2, §12 (COR); PL 2013, c. 405, Pt. A, §24 (REV).]

26. Operating snowmobile left of center of snowmobile trail. A person may not operate a snowmobile to the left of the center on a snowmobile trail that is funded in whole or part by the Snowmobile Trail Fund when approaching or navigating a curve, corner, grade or hill. For purposes of this subsection, "snowmobile trail" means a trail that is at least wide enough to allow 2 snowmobiles to pass safely in opposite directions and where the snow over the entire width of the trail has been mechanically packed and groomed for the purpose of snowmobile traffic. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged. [PL 2005, c. 73, §1 (NEW).] 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 2005, c. 73, §1 (NEW).] [PL 2007, c. 651, §19 (AMD).]

27. Operating snowmobile in posted area. A person may not operate a snowmobile off a snowmobile trail identified by the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands as having been funded by the Snowmobile Trail Fund pursuant to section 1893, subsection 3 if the trail is posted as being closed to off‑trail snowmobile operation and the operator has not obtained the permission of the applicable landowner or landowner's representative. For purposes of this subsection, "posted" means containing signage that is reasonably likely to come to the attention of a person operating a snowmobile that indicates that off‑trail snowmobiling is prohibited and that is placed by the landowner, the landowner's representative, a local snowmobile club trail master serving as the landowner's representative, a local snowmobile club representative or an employee of the Department of Inland Fisheries and Wildlife or the Department of Agriculture, Conservation and Forestry. A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged. [PL 2023, c. 163, §1 (NEW).] 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 2023, c. 163, §1 (NEW).] [PL 2023, c. 163, §1 (NEW).]
12 M.R.S. § 1857 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1857
12 §1857. Timber trespass on public reserved lands
Status: reserved

1. Director to prosecute trespass cases. The director shall prosecute cases of trespass on public reserved lands under the care, custody, control or management of the bureau. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

2. Liability of trespassers. If any person unlawfully enters or trespasses upon public reserved land while that land is under the care, custody, control or management of the bureau by cutting, destroying, taking or carrying away any trees, timber, wood, grass or other materials under or upon those lands without the express written consent of the bureau, that person and all persons participating in those actions are trespassers, jointly and severally liable in damages for such trespasses, and they may be sued for trespass in any county. The measure of damages is the highest price those materials would bring at the usual place of sale of the materials. If the trespass is willful, the court shall assess treble damages and the costs of maintaining the action. For the purposes of this section, a trespass is willful if the land upon which the materials were cut, destroyed or taken, or from which the materials were carried away, was posted with conspicuous notices of state ownership at or near the point where roads entered into the state-owned land; if the land is otherwise posted or identified in a manner reasonably likely to come to the attention of intruders; or if the intruder had actual knowledge of the fact of state ownership. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

3. Title to materials illegally taken to remain in State. Title to all materials taken in violation of this section must remain in the State, and the State may seize and sell all such materials. At such a sale, no person who was in any way connected with committing such a trespass or who aided those who committed it may become a purchaser directly or indirectly. [PL 1997, c. 678, §13 (NEW).]

4. Penalty. [PL 2001, c. 604, §11 (RP).]

5. Trespass; duty of assessors. The assessors in the organized plantations shall help police the public reserved lands within the boundaries of their respective plantations without any expense to the bureau. They shall immediately report any cutting or removal of timber or other materials of value to the director in writing. The assessors in plantations organized before March 1, 1974 may review and comment before final actions taken by the director under section 1847, subsection 3 on the public reserved lands located within their respective plantations. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]
12 M.R.S. § 1891-B — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1891-B
12 §1891-B. Projects
Status: in_force

1. Types of projects. Projects undertaken by the Corps include, but are not limited to, projects such as: A. Forestry, nursery and silvicultural operations; [PL 2007, c. 240, Pt. NN, §2 (NEW).] B. Wildlife habitat conservation, rehabilitation and improvement; [PL 2007, c. 240, Pt. NN, §2 (NEW).] C. Recreational area development, management and improvement; [PL 2007, c. 240, Pt. NN, §2 (NEW).] D. Energy conservation projects; [PL 2007, c. 240, Pt. NN, §2 (NEW).] E. Fish culture and habitat maintenance and improvement and other fisheries or marine resource assistance; [PL 2007, c. 240, Pt. NN, §2 (NEW).] F. Trail and campsite development and improvement; [PL 2007, c. 240, Pt. NN, §2 (NEW).] G. Insect, disease, rodents and fire prevention and control; [PL 2007, c. 240, Pt. NN, §2 (NEW).] H. Erosion, flood, drought and storm damage assistance and control; [PL 2007, c. 240, Pt. NN, §2 (NEW).] I. Reclamation and improvement of lands disturbed by erosion, mining or other adverse natural or human-made actions; and [PL 2007, c. 240, Pt. NN, §2 (NEW).] J. Environmental education programs. [PL 2007, c. 240, Pt. NN, §2 (NEW).] [PL 2007, c. 240, Pt. NN, §2 (NEW).]

2. Eligible sponsors. All projects must be undertaken and operated under the sponsorship and cooperation of a public agency or a nonprofit organization. A sponsoring public agency or organization shall contribute to a project by, at a minimum, providing tools, supplies, equipment and technical supervision and plans necessary for project completion. [PL 2007, c. 240, Pt. NN, §2 (NEW).]

3. Additional criteria. Projects must be of lasting and worthwhile significance to the people of the State or otherwise serve a valid public purpose and provide meaningful work or service experience to the enrollees. [PL 2007, c. 240, Pt. NN, §2 (NEW).] Revisor's Note: §1891-B. Reporting (As enacted by PL 2007, c. 146, §5 is REALLOCATED TO TITLE 12, SECTION 1890-C)(REALLOCATED TO TITLE 12, SECTION 1890-C)
12 M.R.S. § 8867-E — ME Code / Title 12 / Part 11 / Chapter 805 / Section 8867-E
12 §8867-E. Regulation of land management roads, gravel pits and water crossings within the unorganized and deorganized areas of the State
Status: in_force

1. Regulation. In accordance with section 685‑A, subsection 14 , beginning November 1, 2012, the director of the bureau shall administer and enforce the regulation of construction, maintenance and repair of land management roads, water crossings by land management roads and gravel pits of less than 5 acres in areas designated as protection districts and management districts by the commission. [PL 2013, c. 256, §11 (AMD); PL 2013, c. 405, Pt. A, §23 (REV).]

2. Rules. The Commissioner of Agriculture, Conservation and Forestry shall adopt rules to implement this section. Initial rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . Subsequent amendments to those rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . Rules adopted under this subsection must be adopted in consultation with the commission. The rules must: A. Require a permit from the bureau for activities located within areas of special flood hazard as defined in the commission's rules; [PL 2011, c. 599, §5 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).] B. Include standards to protect outstanding river segments, historic, scenic, scientific, recreational and aesthetic resources in districts classified by the commission for special protection and delineated on land use maps adopted under section 685‑A, subsection 7‑A ; and [PL 2011, c. 599, §5 (NEW).] C. Require review by and approval from the commission for any activity in a protection district described in paragraph B that requires a permit. [PL 2011, c. 599, §5 (NEW).] [PL 2011, c. 599, §5 (NEW); PL 2011, c. 657, Pt. W, §§6, 7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]
12 M.R.S. § 12253 — ME Code / Title 12 / Part 13 / Chapter 917 / Section 12253
12 §12253. Consent to trap
Status: in_force

1. Trapping without written consent. A person may not, without first obtaining the written consent of the landowner or occupant, trap any wild animal on land in any organized or incorporated place or on the cultivated or pasture area of land that is used for agricultural purposes in any unorganized place and on which land there is an occupied dwelling. The provisions of this subsection do not apply to: A. Beaver trapping; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Trapping with drowning sets in navigable rivers and streams; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Trapping with drowning sets on state-owned land and public rights-of-way. [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, §215 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Trapping near occupied dwelling without written consent. A person may not trap any wild animal within 200 yards of an occupied dwelling without first obtaining the written consent of the owner or occupant of the land on which the trap is to be set. The provisions of this subsection do not apply to beaver trapping or trapping with drowning sets on state-owned land or public rights-of-way. A person who violates this subsection commits a Class E crime. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §215 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

3. Trapping near compact, built-up portion of city or village. A person may not trap outside that person's land within 1/2 mile of the compact, built-up portion of a city or village, except: A. A person may trap within 1/2 mile of the built-up portion of a city or village with drowning sets; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. A person who has a written permit from the landowner may trap on that landowner's land with cage-type live traps within 1/2 mile of the built-up portion of a city or village. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §215 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

3-A. Penalties. The following penalties apply to violations of subsection 3 . A. A person who violates subsection 3 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, §215 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. A person who violates subsection 3 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, §215 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §215 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

4. Proof of ownership of land. Before any prosecution is made under subsection 1 or 2 , the landowner or occupant shall provide proof to the commissioner of that landowner's ownership or that occupant's occupancy of the land in question. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §215 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

5. Permission to trap on land of another. This section does not give license or permission to set, place or tend traps on property that is owned by another person. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §215 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 8902 — ME Code / Title 12 / Part 11 / Chapter 807 / Section 8902
12 §8902. Forest fire wardens
Status: in_force

The director shall appoint a forest fire warden in each organized municipality. The municipal fire chief must be appointed as forest fire warden if practicable and no other person may be appointed without the approval of the municipal officers. All appointed forest fire wardens serve at the pleasure of the director and must be sworn to the faithful discharge of these duties and a certificate thereof must be returned to the bureau. A person who has been notified of this appointment shall file with the director that person's acceptance or rejection within 10 days. The appointed forest fire warden may appoint one or more deputy forest fire wardens subject to approval of the municipal officers. A deputy forest fire warden may act for the forest fire warden in the absence of the appointed forest fire warden, but compensation in addition to that provided in this section may not be made. [RR 2021, c. 2, Pt. B, §66 (COR).]

The State shall pay the appointed forest fire warden an annual fee of $100. This payment is contingent upon attendance at forest fire training schools, preparation of an annual forest fire plan for the town the forest fire warden serves and reports the director may require. This fee in no way limits payment to the warden from the town the forest fire warden serves. The warden's services for work on actual forest fires, as well as that of deputy forest fire wardens, must be paid by the town and at a rate determined by the town. [RR 2021, c. 2, Pt. B, §66 (COR).]
12 M.R.S. § 9702 — ME Code / Title 12 / Part 11 / Chapter 809 / Section 9702
12 §9702. Hindering state forest ranger or town forest fire warden
Status: in_force

1. Hinder performance of duties or access. A person may not: A. Prevent or obstruct a state forest ranger or town forest fire warden in the performance of the ranger's or warden's duties or the exercise of the rights of entry, access or examination by any state forest ranger or town forest fire warden. Violation of this paragraph is a strict liability crime as defined in Title 17‑A, section 34, subsection 4-A ; or [PL 2003, c. 452, Pt. F, §50 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Attempt to prevent or obstruct a state forest ranger or town forest fire warden in the performance of the ranger's or warden's duties or the exercise of the rights of entry, access or examination by any state forest ranger or town forest fire warden. [PL 2003, c. 452, Pt. F, §50 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. F, §50 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Penalty. A person who violates subsection 1 commits a Class E crime. [PL 2003, c. 452, Pt. F, §50 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
12 M.R.S. § 683-A — ME Code / Title 12 / Part 2 / Chapter 206-A / Section 683-A
12 §683-A. Creation of Maine Land Use Planning Commission
Status: in_force

The Maine Land Use Planning Commission, as established by Title 5, section 12004‑D, subsection 1‑A to carry out the purposes stated in section 681 , is created within the Department of Agriculture, Conservation and Forestry and in this chapter called "the commission." The commission is charged with implementing this chapter. The commission consists of 9 members, appointed in accordance with subsections 1 and 2 . All appointments under this section are subject to review by the joint standing committee of the Legislature having jurisdiction over conservation matters and to confirmation by the Senate. [PL 2013, c. 256, §3 (AMD).]

1. Appointment by the Governor. Except as provided in subsection 2 , the Governor shall appoint one member to the commission. In selecting an appointee, the Governor shall actively seek and give consideration to persons residing in or near the unorganized and deorganized areas of the State and to persons residing on unorganized coastal islands. An appointee under this subsection must be familiar with the needs and issues affecting the commission's jurisdiction and must: A. Reside in the commission's jurisdiction; [PL 2011, c. 682, §7 (NEW).] B. Work in the commission's jurisdiction; [PL 2011, c. 682, §7 (NEW).] C. Be a former resident or be retired after having worked for a minimum of 5 years within the commission's jurisdiction; or [PL 2011, c. 682, §7 (NEW).] D. Have expertise in commerce and industry, fisheries and wildlife, forestry or conservation issues as they relate to the commission's jurisdiction. [PL 2011, c. 682, §7 (NEW).] [PL 2013, c. 256, §3 (AMD).]

2. Appointment of members representing a county. One member must be appointed by each of the 8 counties with the most acreage in the unorganized or deorganized areas subject to the jurisdiction of the commission. The board of county commissioners for each of the counties shall appoint by majority vote a resident of that county to serve as a member of the commission. A county commissioner who is a candidate for appointment to serve on the commission may not vote on that appointment. In making the appointment, the board of county commissioners shall actively seek and give consideration to persons residing in or near the unorganized or deorganized areas within the county. The board of county commissioners shall advertise the position in the same manner as the county advertises personnel positions. The board of county commissioners shall accept written or electronic applications from candidates, conduct interviews with candidates as determined by the board and select from among those candidates an appointee. An appointee under this subsection must have expertise in commerce and industry, fisheries and wildlife, forestry or conservation issues as they relate to the commission's jurisdiction and must: A. Reside in the commission's jurisdiction; [PL 2011, c. 682, §7 (NEW).] B. Work in the commission's jurisdiction; or [PL 2011, c. 682, §7 (NEW).] C. Be a former resident or be retired after having worked for a minimum of 5 years within the commission's jurisdiction. [PL 2011, c. 682, §7 (NEW).] If a board of county commissioners fails to appoint a member to the commission under this subsection within 90 business days of a vacancy on the commission to be filled by that county, the Governor shall appoint a resident of that county meeting the criteria in subsection 1 to fill the vacancy. For any county appointee, the board of county commissioners shall provide to the President of the Senate and the Speaker of the House of Representatives the name and address of the appointee, together with information concerning that person's background and qualifications, in the same manner required of the Governor for nominations made pursuant to Title 3, section 154 . A board of county commissioners has the same authority as the Governor, pursuant to Title 3, section 154 , to withdraw the name of an appointee at any time before the Senate votes. The provisions of Title 3, sections 155 to 158 apply to the process of legislative review and confirmation of all county appointees to the commission. [PL 2013, c. 256, §3 (AMD).]

3. Eligibility. A state employee may not be appointed to or serve as a member of the commission. A county employee, municipal official or municipal employee is not considered to hold an incompatible office for purposes of simultaneous service on the commission. If a county or municipality is a participant in an adjudicatory proceeding before the commission, an official or employee from that county or municipality may not participate in that proceeding as a member of the commission. An incumbent county commissioner appointed after July 1, 2013 to serve on the commission may not serve simultaneously as a county commissioner and a member of the commission. [PL 2013, c. 424, Pt. E, §1 (AMD); PL 2013, c. 424, Pt. E, §3 (AFF).]

4. Terms. All members are appointed to 4-year terms. Any member who has not been reappointed by the Governor or a board of county commissioners prior to the expiration of that member's term may not continue to serve on the commission, unless the Governor notifies the Legislature in writing prior to the expiration of that member's term that extension of that member's term is required to ensure fair consideration of specific major applications pending before the commission. That member's term ends upon final commission decisions on the specific applications identified in the Governor's communication. Any member reappointed by the Governor or a board of county commissioners prior to the expiration of that member's term continues to serve on the commission until the appointment is acted upon by the Legislature. Once a member of the commission has been appointed by the Governor or a board of county commissioners, a vacancy of that seat must be filled by the same appointing authority as provided in this section. A vacancy during an unexpired term is filled only for the unexpired portion of the term. [PL 2013, c. 256, §3 (AMD).]

5. Rules. Unless otherwise provided in this chapter, rules adopted by the commission under this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 682, §7 (NEW).]
12 M.R.S. § 4602 — ME Code / Title 12 / Part 4 / Chapter 419 / Section 4602
12 §4602. Entry into force -- article II
Status: in_force

This agreement shall become operative immediately as to those states executing it whenever any 2 or more of the States of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida have executed it in the form that is in accordance with the laws of the executing state and the Congress has given its consent. Any state contiguous with any of the aforementioned states and riparian upon coastal waters frequented by anadromous fish, flowing into coastal waters under the jurisdiction of any of the aforementioned states, may become a party hereto as provided. [PL 1987, c. 513, §1 (AMD).]
12 M.R.S. § 12856 — ME Code / Title 12 / Part 13 / Chapter 927 / Section 12856
12 §12856. Approved curriculum for licensed Maine guides
Status: in_force

The commissioner shall approve a curriculum designed to prepare persons for the guide examinations. This curriculum must cover practical skills, fisheries and wildlife laws and other aspects important for the guiding profession. The commissioner shall convene an ad hoc advisory board, as defined under Title 5, section 12008 , to develop the curriculum. Nonagency members must be compensated according to Title 5, chapter 379 . The commissioner also shall consult with the Department of Education in developing the curriculum. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 6455-A — ME Code / Title 12 / Part 9 / Chapter 619 / Section 6455-A
12 §6455-A. Maine Lobster Marketing Collaborative (WHOLE SECTION TEXT EFFECTIVE UNTIL 12/31/26) (WHOLE SECTION TEXT REPEALED 12/31/26)
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 12/31/26)

(WHOLE SECTION TEXT REPEALED 12/31/26)

1. Collaborative established; purpose. The Maine Lobster Marketing Collaborative, established in Title 5, section 12004‑H, subsection 14‑A and referred to in this subchapter as “the collaborative,” is created to promote and market actively Maine lobsters in state, regional, national and international markets. The collaborative shall draw upon the expertise of the Maine lobster industry and established private marketing firms to identify market areas that will provide the greatest return on the investments made by lobster license holders and undertake those media or promotional efforts that represent the most cost-effective use of a limited promotional budget. The collaborative shall remain responsive to the Maine lobster industry, conduct its business in a public manner and undertake marketing efforts that promote the quality and full utilization of the product and the unique character of the coastal Maine lobster fishery. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

2. Collaborative is a public instrumentality. The collaborative is established as a public instrumentality serving a public purpose. Accordingly: A. Employees of the collaborative may not be construed to be state employees for any purpose, including the state civil service provisions of Title 5, Part 2 and Title 5, chapter 372 and the state retirement system provisions of Title 5, Part 20 ; [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] B. The collaborative may not be construed to be a state agency for any purposes, including the budget, accounts and control, auditing, purchasing or other provisions of Title 5, Part 4 ; and [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] C. Notwithstanding any provisions of paragraphs A and B : (1) All meetings and records of the collaborative are subject to the provisions of Title 1, chapter 13, subchapter 1 , except as provided in subsection 3 . The commissioner and those members of the Legislature appointed to serve on the joint standing committee of the Legislature having jurisdiction over marine resources matters have access to all material designated confidential by the collaborative; (2) Members of the collaborative are governed by the conflict of interest provisions set forth in Title 5, section 18 ; and (3) For the purposes of the Maine Tort Claims Act, the collaborative is a “governmental entity” and its employees are “employees” as those terms are defined in Title 14, section 8102 . [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

3. Market studies and promotional plans; proprietary information. Information provided to or developed by the collaborative and included in a promotional plan or market study is public unless the collaborative determines that 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 collaborative or the person submitting the information and would make available information not otherwise publicly available. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

4. Collaborative members; appointments; terms. The collaborative consists of 11 voting members, 9 appointed by the commissioner as follows: A. Four individuals representing the lobster management policy councils established pursuant to section 6447 . Each lobster management policy council shall prepare a list of up to 3 nominees from its zone for consideration by the commissioner for the appointments under this paragraph. In making appointments under this paragraph, the commissioner shall select members to ensure a geographic distribution of representation from lobster management zones established pursuant to section 6446 ; [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] B. Three individuals: (1) At least 2 of whom are owners, managers or officers of business entities operating in the State that hold valid wholesale seafood licenses with lobster permits, from a list of nominees prepared for the commissioner by the Lobster Advisory Council established under section 6462‑A ; and (2) At least one of whom represents the interests of lobster dealers and processors; and [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] C. Two individuals who are public members with experience in marketing and promotion, retail sales, food service or food science, from a list of nominees prepared for the commissioner by the Lobster Advisory Council established under section 6462‑A . [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] Members are appointed by the commissioner for terms of 3 years. A person may not serve more than 2 consecutive 3-year terms as a member of the collaborative. The commissioner or the commissioner's designee serves as an ex officio member of the collaborative. The Commissioner of Economic and Community Development or the commissioner's designee serves as an ex officio member of the collaborative. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

5. Officers. By majority vote, the collaborative shall annually elect a chair from among its members and may elect other officers in accordance with its bylaws. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

6. Executive committee. The collaborative shall establish an executive committee of no fewer than 5 members, who are appointed by a majority vote of the collaborative. The collaborative shall specify in its bylaws when the executive committee may act on behalf of the collaborative with regard to oversight of collaborative staff, daily operations of the collaborative and addressing unexpected expenditures to be made by the collaborative. The bylaws must specify what constitutes a quorum of the executive committee and how many votes are necessary for the executive committee to take a valid action. In addition to any other restrictions adopted by the collaborative, the executive committee may not act on behalf of the collaborative to: A. Adopt or amend an annual budget; [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] B. Adopt or amend an annual marketing plan; [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] C. Hire or terminate the employment of the executive director of the collaborative; or [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] D. Amend the bylaws of the collaborative. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

7. Meetings. The collaborative shall meet at least quarterly. A quorum of 6 members is required to conduct the business of the collaborative. Additional meetings may be called by the chair. If 3 or more members of the collaborative submit to the chair a written request for a meeting, the chair shall call a meeting to be held no sooner than 14 days after receipt of the written request. The commissioner may remove any member with unexcused absences from 2 or more consecutive meetings of the collaborative. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

8. Employees. The collaborative shall hire an executive director and may hire staff as needed to perform its duties. Employees of the collaborative serve at the pleasure of the collaborative. The salary and benefits for employees of the collaborative are determined by the collaborative. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

9. Powers and duties. The collaborative may: A. Undertake promotional marketing programs in cooperation with the lobster industry; [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] B. Promote national and international markets for lobsters harvested or processed in the State; [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] C. Provide material and technical assistance to persons seeking to market lobsters harvested or processed in the State; [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] D. Conduct other efforts as determined necessary to increase the sales of lobsters harvested or processed in the State; [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] E. Market and sell goods directly related to the functions of the collaborative and deposit all proceeds in the fund; [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] F. Make expenditures from the fund to carry out the purposes of this subchapter. Money in the fund may be used only for the following purposes: (1) Promotion, advertising and marketing development. The collaborative may implement programs and activities to promote, advertise and develop markets for lobster and make or enter into contracts with any local, state, federal or private agency, department, firm, corporation, entity or person for those purposes; and (2) The hiring of staff and the payment of compensation for employees, payment of per diem and reimbursement of expenses for members pursuant to Title 5, section 12004‑H, subsection 14‑A and payment of administrative and overhead costs associated with the business of the collaborative; and [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] G. Accept and deposit in the fund additional funding from any source, public or private. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

10. Lobster Promotion Fund established. The Lobster Promotion Fund, referred to in this subchapter as “the fund,” is established to carry out the purposes of this subchapter. The department shall pay to the fund all money appropriated or received by the department for the purposes of this subchapter, except that the department may retain funds necessary to reimburse the department for the actual cost of collecting the license surcharges established in subsection 11 . The fund is capitalized from the annual surcharges set out in subsection 11 . [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

11. License surcharge assessed. The fund is capitalized from annual surcharges assessed on licenses issued by the department as follows. A. For a Class I lobster and crab fishing license held by a person 18 to 69 years of age, the surcharge is $165.25. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] B. For a Class II lobster and crab fishing license, the surcharge is $330.50, except that for a license holder 70 years of age or older, the surcharge is $165. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] C. For a Class III lobster and crab fishing license, the surcharge is $480.75, except that for a license holder 70 years of age or older, the surcharge is $240. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] D. For a nonresident lobster and crab landing permit, the surcharge is $480.75. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] E. For a wholesale seafood license with a lobster permit if the license holder holds no supplemental wholesale seafood license with a lobster permit or for a lobster transportation license if the license holder holds no supplemental lobster transportation license, the surcharge is $1,200. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] F. Surcharges for supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses are as follows: (1) For up to 2 supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses, the surcharge is $1,800; (2) For 3 to 5 supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses, the surcharge is $2,400; and (3) For 6 or more supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses, the surcharge is $3,000. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] G. For a lobster processor license, the surcharge is $1,000 if less than 1,000,000 pounds of raw product is processed and $4,000 if 1,000,000 pounds or more of raw product is processed. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).] A person holding more than one of the following licenses is assessed only the highest applicable surcharge for those licenses under this subsection: a wholesale seafood license with a lobster permit, a supplemental wholesale seafood license with a lobster permit, a lobster transportation license or a supplemental lobster transportation license. The commissioner shall review annually the surcharges established in this subsection and recommend changes to the joint standing committee of the Legislature having jurisdiction over marine resources matters, which after receiving the recommendations may report out a bill to the Legislature to adjust the surcharges. Except as provided in chapter 619, subchapter 7 , the Treasurer of State shall hold all surcharges assessed by this subsection in the fund and invest all money in the fund until disbursed to the collaborative upon request of the collaborative. Interest from investments accrues to the fund. All money in the fund is subject to allocation by the Legislature. Unexpended balances in the fund at the end of the fiscal year may not lapse but must be carried forward to be used for the same purposes. In addition to payment of the regular license fee and the surcharge, a person purchasing a license subject to the surcharges established in this subsection may make voluntary contributions to the fund at the time the license is purchased. Voluntary contributions received by the department from a licensee pursuant to this subsection or any other source must be deposited in the fund by the department and must be used by the collaborative for the purposes of this subchapter. [PL 2021, c. 755, §1 (AMD).]

12. Reports. The collaborative shall report annually on its activities and expenditures to the joint standing committee of the Legislature having jurisdiction over marine resources matters, to the Lobster Advisory Council established under section 6462‑A and, at a statewide meeting of interested license holders, to the lobster industry. The collaborative shall provide notice of the date and location of the statewide meeting of license holders at the time of license issuance or renewal. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

13. Audit. An annual audit of the expenditures of the collaborative must be performed. The collaborative may contract with the Office of the State Auditor or with a private sector accounting firm to conduct the audit. The collaborative shall report the results of that audit to the joint standing committee of the Legislature having jurisdiction over marine resources matters. If the annual audit is performed by the Office of the State Auditor, the collaborative shall reimburse the department for its costs to conduct that audit. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]

14. Repeal. This section is repealed December 31, 2026. [PL 2021, c. 491, §2 (NEW); PL 2021, c. 491, §7 (AFF).]
12 M.R.S. § 1888 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1888
12 §1888. Employees
Status: in_force

The bureau shall fix the duties of and employ permanently or part-time any employees and other personnel, subject to the Civil Service Law, the bureau considers necessary in the discharge of its duties under this subchapter. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]
12 M.R.S. § 13071-A — ME Code / Title 12 / Part 13 / Chapter 935 / Section 13071-A
12 §13071-A. Operating personal watercraft
Status: in_force

1. Operating personal watercraft while underage. A person under 16 years of age may not operate a personal watercraft. 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. [PL 2003, c. 655, Pt. B, §384 (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, §384 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §384 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Additional safety requirements while operating personal watercraft. The following provisions apply to operating or being a passenger on a personal watercraft. A. A person may not: (1) Operate or be a passenger on a personal watercraft unless the person is wearing a Coast Guard approved personal flotation device; or (2) Operate a personal watercraft during the hours between sunset and sunrise. [PL 2023, c. 228, §15 (AMD).] 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. [PL 2003, c. 655, Pt. B, §384 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2023, c. 228, §15 (AMD).]

3. Operating rented or leased personal watercraft without identification decal. A person may not operate a rented or leased personal watercraft on Brandy Pond in the Town of Naples or on Long Lake in the Town of Naples, the Town of Bridgton and the Town of Harrison that does not have a clearly visible decal affixed to the personal watercraft that identifies the rental agent. 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. [PL 2003, c. 655, Pt. B, §384 (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, §384 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §384 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

4. Operating personal watercraft in prohibited area. The following provisions apply to operating a watercraft in prohibited areas. A. A person may not operate a personal watercraft on: (1) Mud Pond, Oversett Pond, South Pond, Round Pond, Twitchell Pond, Hicks Pond, Indian Pond or Furlong Pond in the Town of Greenwood in Oxford County; (2) North Pond or Bryant Pond, also known as Christopher Lake, in the Town of Greenwood and the Town of Woodstock in Oxford County; (3) Concord Pond, Little Concord Pond or Shagg Pond in the Town of Woodstock in Oxford County; (4) Hamilton Pond in Bar Harbor in Hancock County; (5) Bog Lake or Horseshoe Lake in the Town of Northfield in Washington County; (6) Megunticook Lake in the Town of Camden and the Town of Hope in Knox County and the Town of Lincolnville in Waldo County; (7) Hobbs Pond, Fish Pond or Alford Lake in the Town of Hope in Knox County; (8) Norton Pond or Coleman Pond in the Town of Lincolnville in Waldo County; (9) Pitcher Pond in the Town of Lincolnville and the Town of Northport in Waldo County; (10) Torsey Lake in the Town of Mount Vernon and the Town of Readfield in Kennebec County; (11) Trickey Pond in the Town of Naples in Cumberland County; (12) Brandy Pond in the Town of Naples in Cumberland County between sunset and 9:00 a.m.; (13) Fulton Lake in the Town of Northfield in Washington County; (14) Knight Pond in the Town of Northport in Waldo County; (15) Moose Pond or Saturday Pond in the Town of Otisfield in Oxford County; (16) Tripp Pond, Upper Range Pond or Middle Range Pond in the Town of Poland in Androscoggin County; (17) Keewaydin Lake, Virginia Lake, Trout Pond, Weymouth Pond or Whitney Pond in the Town of Stoneham in Oxford County; (18) Lermond Pond in the Town of Union and the Town of Hope in Knox County; (19) Pocasset Lake or Pickerel Pond in the Town of Wayne in Kennebec County; (20) Androscoggin Lake in the Town of Wayne in Kennebec County and the Town of Leeds in Androscoggin County; (21) Little Cobbosseecontee Lake in the Town of Winthrop in Kennebec County; (22) Somes Pond in the Town of Mount Desert; (23) Long Pond in the Town of Mount Desert and the Town of Southwest Harbor; (24) Little Long Pond in the Town of Mount Desert; (25) Meetinghouse Pond, Big Pond, Wat Tuh Lake, Center Pond and Silver Lake, also known as Silver Pond, in the Town of Phippsburg in Sagadahoc County; (26) South Branch Lake in the Plantation of Seboeis and the Township of T2 R8 NWP in Penobscot County; (27) Spring Lake in Spring Lake Township in Somerset County; (28) Kennebago Lake and Kennebago River in Davis Township and Stetsontown Township in Franklin County; (29) Nicatous Lake in the Townships of T40 MD, T41 MD and T3 ND in Hancock County; (30) Crystal Lake in the Town of Washington in Knox County; (31) Middle Branch Pond in the Town of Waterboro in York County; (32) Highland Lake or Woods Pond in the Town of Bridgton in Cumberland County if the personal watercraft is rented and does not display a decal identifying the rental agency that owns the personal watercraft; (33) Lake St. George in the Town of Liberty; or (34) Keyes Pond in the Town of Sweden in Oxford County. [PL 2023, c. 106, §§1-3 (AMD).] 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. [PL 2003, c. 655, Pt. B, §384 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2023, c. 106, §§1-3 (AMD).]

5. Operating personal watercraft while 16 years of age or older and under 18 years of age; boater education. [PL 2021, c. 656, §6 (AMD); MRSA T. 12 §13071-A, sub-§5 (RP).]

6. Operating personal watercraft while 16 years of age or older; boater safety and education course requirement. Beginning January 1, 2024, a person born on or after January 1, 1999 may not operate a personal watercraft on inland waters of the State or territorial waters, as defined in section 6001, subsection 48‑B , unless that person is 16 years of age or older and has completed a boater safety and education course. A. 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 and not 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. [PL 2021, c. 656, §7 (NEW).] [PL 2023, c. 206, §7 (AMD).]
12 M.R.S. § 6749-D — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6749-D
12 §6749-D. 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, §62 (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 2017, c. 222, §5 (NEW).] [RR 2021, c. 2, Pt. B, §62 (COR).]

2. Owner or family member on board. Beginning January 1, 2018, except as provided in subsection 3 , a vessel may not be used for dragging for sea urchins in the State's territorial waters unless that vessel is owned by a person holding a sea urchin dragging license issued under section 6748‑A and: A. The owner of that vessel is present on that vessel and has that vessel named on the owner's sea urchin dragging license; or [PL 2017, c. 222, §5 (NEW).] B. A family member of the vessel owner holds a sea urchin dragging license issued under section 6748‑A and is present on that vessel. [PL 2017, c. 222, §5 (NEW).] [PL 2017, c. 222, §5 (NEW).]

3. Exemptions; individuals. Beginning January 1, 2018, the commissioner may authorize a person to drag for sea urchins from a vessel when an owner or family member is not on board pursuant to subsection 2 if that person holds a sea urchin dragging license issued under section 6748‑A and: A. The owner of that vessel holds a sea urchin dragging license issued under section 6748‑A , documents to the commissioner that an illness or disability temporarily prevents that owner from fishing for or taking sea urchins 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 sea urchins; [PL 2017, c. 222, §5 (NEW).] 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 sea urchins; or [PL 2017, c. 222, §5 (NEW).] C. Was the owner of a vessel that was named on that person's sea urchin dragging license but is no longer the owner of that vessel due to sale or foreclosure. The person must demonstrate immediate intent to become the owner of another vessel to be used to fish for or take sea urchins and request in writing permission from the commissioner to use the other vessel to fish for or take sea urchins for a limited period of time. [PL 2017, c. 222, §5 (NEW).] [PL 2017, c. 222, §5 (NEW).]

4. Exemptions based upon 2017 fishing. Beginning January 1, 2018, a person may drag for sea urchins from a vessel when an owner or family member is not on board pursuant to subsection 2 during the first sea urchin dragging season that begins after August 31, 2017 if that person holds a sea urchin dragging license issued under section 6748‑A and: A. The person recorded landings of sea urchins taken by dragging during the sea urchin dragging season that ended immediately prior to August 31, 2017, dragged for those sea urchins from one boat and that boat did not have on board an individual who meets the requirements of subsection 2, paragraph A or B and the owner of the boat was a family member of the person applying for the exemption under this paragraph. A person qualifies for the exemption under this paragraph only as long as the person drags for sea urchins and records landings of sea urchins taken by dragging from the same boat used to originally qualify for this exemption and that boat is owned by the same family member; or [PL 2017, c. 222, §5 (NEW).] B. [PL 2017, c. 222, §5 (NEW); MRSA T. 12 §6749-D, sub-§4, ¶B (RP).] [PL 2017, c. 222, §5 (NEW).]

5. 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 2‑A . [PL 2017, c. 222, §5 (NEW).]
12 M.R.S. § 11152 — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11152
12 §11152. Antlerless deer; regulation and authority to issue permits
Status: in_force

1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt antlerless deer as authorized in this section unless that person has a valid permit issued under this section or is hunting in an area that is designated by rule as open to the hunting of antlerless deer or either-sex deer without an antlerless deer permit. A. 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, §3 (AMD).] B. [PL 2007, c. 463, §3 (RP).] [PL 2021, c. 599, §11 (AMD).]

1-A. Antlerless deer in wildlife management districts. Except as otherwise provided in this Part, a person may not hunt or possess an antlerless deer in a wildlife management district or a portion of a wildlife management district in which the taking of antlerless deer is not allowed. A person may possess in one of those districts an antlerless deer that has been lawfully taken in another district where antlerless deer may be legally taken. A person that violates this subsection commits a Class D crime for which a minimum fine of $1,000 must be imposed, and the court shall impose a sentencing alternative involving a term of imprisonment of at least 3 days, none of which may be suspended. [PL 2021, c. 599, §11 (AMD).]

2. Authority to regulate taking of antlerless deer. The commissioner may regulate the taking of antlerless deer by rule within an area of the State as necessary to maintain deer populations in balance with available habitat if the demarcation of each area follows recognizable physical boundaries such as rivers, roads and railroad rights-of-way. This subsection does not apply to a person with a special antlerless deer permit under subsection 7. A. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §120 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).] B. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §120 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2021, c. 599, §11 (AMD).]

2-A. Authority to regulate taking of antlerless deer in certain areas within wildlife management districts where no permits are issued. [PL 2021, c. 599, §11 (RP).]

3. Rulemaking. The commissioner may adopt rules necessary for the administration, implementation, enforcement and interpretation of this section, except that the commissioner is not authorized to establish an antlerless deer permit lottery unless otherwise specified in this section. If the commissioner establishes by rule a lottery for issuing antlerless deer permits to eligible persons, the commissioner may also allow for the direct purchase of additional antlerless deer permits in certain wildlife management districts or portions of wildlife management districts as the commissioner finds necessary to maintain balanced deer populations. The commissioner may appoint clerks or agents under section 10801 to process applications for permits issued under this section. A clerk or agent appointed by the commissioner to process applications shall charge a fee of $2 for each application processed by that clerk or agent under this section. Rules adopted by the commissioner that provide for permits to be issued to nonresident hunters must provide that: A. [PL 2011, c. 533, §3 (RP).] B. No more than 15% of the antlerless deer permits issued in any one district or in any one zone may be issued to nonresident hunters. [PL 2017, c. 427, §10 (AMD); PL 2017, c. 427, §19 (AFF).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 599, §11 (AMD).]

4. Landowner consideration. An antlerless deer permit lottery adopted by the commissioner pursuant to this section may include a provision giving special consideration to landowners who keep their lands open to hunting by the public. As part of the special consideration to those landowners, the commissioner shall provide at least 25% of the available antlerless deer permits in a wildlife management district to eligible landowners that apply for an antlerless deer permit in that district. Any 2 or more areas of land owned by the same person that are open for hunting and that would be contiguous except for being divided by one or more roads are considered contiguous for the purposes of determining landowner eligibility for special consideration under this subsection. [PL 2021, c. 599, §11 (AMD).]

5. Hunter permit transfers. [PL 2021, c. 599, §11 (RP).]

5-A. Permit transfer to junior hunter. [PL 2021, c. 599, §11 (RP).]

6. Transfer of antlerless deer permit to person with ambulatory disabilities. [PL 2013, c. 322, §2 (RP).]

7. Special antlerless deer permit. The commissioner shall issue a special antlerless deer permit to an eligible person who has lost all or part of one or more lower limbs, not including a partial foot amputation, or is suffering from the permanent loss of use of both lower limbs. The commissioner shall issue a permit upon application and after the applicant verifies that person's ambulatory disability with a letter signed by a physician confirming the person's condition. A person who is issued a special antlerless deer permit under this subsection may take an antlerless deer in any part of the State open to the taking of antlerless deer pursuant to subsection 3 . [PL 2013, c. 538, §23 (AMD).]

8. Junior hunter consideration. An antlerless deer permit lottery adopted by the commissioner pursuant to this section may include a provision giving special consideration to persons with a valid junior hunting license. As part of the special consideration to junior hunters, the commissioner shall provide at least 25% of the available antlerless deer permits in a wildlife management district to persons with a valid junior hunting license who apply for an antlerless deer permit in that district. [PL 2021, c. 599, §11 (AMD).]

9. Fee. The fee for an antlerless deer permit is $12 for residents and nonresidents. [PL 2021, c. 599, §11 (NEW).]
12 M.R.S. § 12654-A — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12654-A
12 §12654-A. Limit on artificial flies
Status: in_force

1. Prohibition. A person may not fish with more than 3 unbaited artificial flies individually attached to a line or hook. [PL 2005, c. 477, §16 (AMD).]

2. 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 2003, c. 655, Pt. B, §277 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] 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 2003, c. 655, Pt. B, §277 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §277 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 10303 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10303
12 §10303. Purpose of fund
Status: in_force

The fund is for the sole purpose of maintaining, improving and expanding state and local natural resource conservation programs and associated compatible public uses in accordance with the strategic plan provided for by section 10308, subsection 5, paragraph A . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 6374 — ME Code / Title 12 / Part 9 / Chapter 617 / Section 6374
12 §6374. Procedure for suspending without criminal conviction or civil adjudication
Status: in_force

The procedure for suspending a license or certificate under section 6371, subsection 3 is governed by this section. [PL 2023, c. 207, §10 (AMD).]

1. Initiation and notice. If the Chief of the Bureau of Marine Patrol delivers to the commissioner a written statement under oath that the chief has probable cause to suspect that a violation of marine resources law or conduct described in section 6371, subsection 3 has been committed, the commissioner shall immediately examine the affidavit and determine if a suspension is necessary. If the commissioner determines based on a preponderance of the evidence that a suspension is necessary, the commissioner shall immediately notify in writing the person who violated the law or engaged in the conduct. The notice must state that there is an opportunity for a hearing, if the person requests the hearing in writing within 10 days of the notice. The notice is deemed received 3 days after the mailing. The commissioner may suspend the license or certificate of a person who has been notified pursuant to this subsection but who does not request a hearing within the allowed time. [PL 2023, c. 207, §11 (AMD).]

2. Hearing. A hearing requested under subsection 1 must be held within 30 business days after receipt by the commissioner of a request for hearing except that a hearing may be held more than 30 business days after the request if the delay is requested by the person requesting the hearing. If the hearing is continued, it must be held no later than 60 days after the original notice, and any further continuance must be with the consent of both parties. The hearing must be held in accordance with the Maine Administrative Procedure Act, except that: A. Notwithstanding Title 5, section 9057 , the issues of the hearing are limited to whether the person requesting the hearing committed a violation of marine resources law or conduct described in section 6371, subsection 3 ; and [PL 2023, c. 207, §12 (AMD).] B. Notwithstanding Title 5, section 9061 , the decision of the presiding officer under Title 5, section 9062 must be made not more than 10 business days after completion of the hearing. [PL 2011, c. 311, §4 (NEW).] If the presiding officer of the hearing finds that a violation of marine resources law or conduct described in section 6371, subsection 3 has been committed, the presiding officer shall immediately notify the commissioner of the finding. [PL 2023, c. 207, §12 (AMD).]

3. Finding of violation and suspension. The commissioner may suspend the license or certificate of the person requesting the hearing under subsection 2 if the presiding officer of the hearing finds that a violation of marine resources law or conduct described in section 6371, subsection 3 has been committed. Except as provided in this subsection and subsection 3‑A , the length of the suspension of the license or certificate may not exceed: A. One year from the date of a first finding of a violation or finding that conduct described in section 6371, subsection 3 has been committed; [PL 2023, c. 207, §13 (AMD).] B. Two years from the date of a 2nd finding of a violation or finding that conduct described in section 6371, subsection 3 has been committed; or [PL 2023, c. 207, §13 (AMD).] C. Three years from the date of a 3rd or subsequent finding of a violation or finding that conduct described in section 6371, subsection 3 has been committed. [PL 2023, c. 207, §13 (AMD).] The commissioner may suspend any license or certificate for a period of time not to exceed the maximum amount of time allowable for a criminal conviction or civil adjudication of the same violation. [PL 2023, c. 207, §13 (AMD).]

3-A. Finding of violation and suspension; specific violations. The length of a suspension of a license or certificate under this section for the following violations or conduct is: A. Not less than 2 years and not more than 6 years from the date of a first finding of a violation, not less than 2 years and not more than 10 years from the date of a 2nd violation and permanent for a 3rd violation of section 6434 ; [PL 2017, c. 197, §4 (NEW).] B. Not less than 3 years and not more than 10 years from the date of a first finding of a violation and permanent for a 2nd violation of section 6431‑F, subsection 4 ; [PL 2017, c. 197, §4 (NEW).] C. Not less than 3 years and not more than 10 years from the date of a first finding of a violation and permanent for a 2nd violation of section 6432, subsection 2, paragraph B ; [PL 2017, c. 197, §4 (NEW).] D. Not less than 4 years from the date of a finding of a violation of section 6438‑A ; [PL 2019, c. 163, §2 (AMD).] E. Permanent for conduct that is grounds for suspension under section 6371, subsection 3, paragraph C ; and [PL 2019, c. 163, §2 (AMD).] F. Permanent for a first finding of a violation of section 6505‑A, subsection 1‑D . [PL 2019, c. 163, §3 (NEW).] [PL 2019, c. 163, §§2, 3 (AMD).]

4. Prohibition against multiple suspensions. If the commissioner suspends a license or certificate under this section, the commissioner may not suspend the license or certificate because of a criminal conviction or civil adjudication for the same violation. [PL 2011, c. 311, §4 (NEW).]

5. Appeal. A decision of the commissioner to suspend a license or certificate pursuant to this section may be appealed to the Superior Court if it is filed with the court within 30 days of the decision. [PL 2011, c. 311, §4 (NEW).]

6. Request for hearing on suspension length; place of hearing. The license or certificate holder may request a hearing regarding the length of suspension under this section. A hearing must be requested in writing within 10 days from the effective date of the suspension. The hearing must be held within 10 days of the request unless a longer period of time is mutually agreed to in writing. The hearing must be conducted in the Augusta area. [PL 2011, c. 311, §4 (NEW).]

7. Vessel monitoring following suspension or revocation. The commissioner may require a person whose lobster and crab fishing license was suspended or revoked pursuant to subsection 3‑A or section 6402 , 6402‑D , 6402‑E or 6404 or section 6371, subsection 3, paragraph C to install equipment that allows the department to track the geographic location of the vessel listed on that person's lobster and crab fishing license for a period immediately following the reinstatement of the license not to exceed the duration of the license suspension. Costs associated with equipment required to be installed under this subsection must be paid by the license holder. [PL 2017, c. 197, §4 (NEW).]
12 M.R.S. § 6803-A — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6803-A
12 §6803-A. Seaweed buyer's license
Status: in_force

1. License required. A seaweed buyer's license is required for a person who purchases more than 10 wet tons or an equivalent number of dry tons annually directly from seaweed harvesters holding a permit under section 6803 . A person may not engage in the activities authorized under this section without a current seaweed buyer's license. [PL 2009, c. 561, §30 (AMD).]

2. Licensed activity. The holder of a seaweed buyer's license may buy, possess, ship, transport or sell seaweed. [PL 2009, c. 283, §1 (NEW).]

3. Fees. The fee for a seaweed buyer's license is: A. Two hundred dollars for a resident seaweed buyer's license; and [PL 2009, c. 283, §1 (NEW).] B. Five hundred dollars for a nonresident seaweed buyer's license. [PL 2009, c. 283, §1 (NEW).] [PL 2009, c. 283, §1 (NEW).]

4. Disposition of fees. Fees collected under this section accrue to the Seaweed Management Fund established in section 6806 . [PL 2009, c. 283, §1 (NEW).]

5. Violation. A person who violates this section commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged. [PL 2009, c. 283, §1 (NEW).]

A holder of a license issued under this section may buy only from a harvester who possesses a seaweed permit under section 6803 . The harvester shall make the seaweed permit available for inspection upon the license holder’s request. [PL 2009, c. 478, §1 (NEW).]
12 M.R.S. § 12608 — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12608
12 §12608. Failure to label fish
Status: in_force

1. Prohibition. A person may not keep the following species of fish at any sporting camp, hotel or public lodging place unless the name and address of the person who caught the fish is attached to the fish: A. Black bass; [PL 2003, c. 655, Pt. B, §269 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. Salmon; [PL 2003, c. 655, Pt. B, §269 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. Togue; or [PL 2003, c. 655, Pt. B, §269 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] D. Trout. [PL 2003, c. 655, Pt. B, §269 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §269 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. 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 2003, c. 655, Pt. B, §269 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] 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 2003, c. 655, Pt. B, §269 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §269 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 6771 — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6771
12 §6771. Taking marine worms by hand
Status: in_force

It shall be unlawful to fish for or take marine worms, except by devices or instruments operated solely by hand power. [PL 1977, c. 661, §5 (NEW).]
12 M.R.S. § 10703 — ME Code / Title 12 / Part 13 / Chapter 911 / Section 10703
12 §10703. Administering chemical tests; test results; evidence; reporting; immunity
Status: in_force

1. Blood or breath test. If the law enforcement officer has probable cause to believe a person hunted wild animals or wild birds or operated or attempted to operate a watercraft, snowmobile or ATV while under the influence of intoxicating liquor, then the officer shall inform the person that a breath test will be administered, unless, in the determination of the officer, it is unreasonable for a breath test to be administered, in which case a blood test must be administered. The law enforcement officer may determine which type of breath test, as described in subsection 5 , will be administered. [PL 2019, c. 452, §2 (AMD).]

2. Prerequisites to tests. The law enforcement officer shall inform the person to be tested of the consequences of refusing to comply with the test. If the person fails to comply with the duty to submit to and complete the requested chemical tests at the direction of the law enforcement officer, that person is committing a civil violation for which the person may be required to pay a fine of up to $500. The officer shall also inform the person that the failure to comply with the duty to submit to a chemical test is admissible in evidence against that person at any trial for hunting or operating under the influence of intoxicating liquor or drugs or a combination of liquor and drugs. Test results may not be excluded as evidence in any proceeding before any administrative officer or court of this State as a result of the failure of the law enforcement officer to comply with these prerequisites. The only effects of the failure of the officer to comply with the prerequisites are as provided in subsection 7 . [PL 2019, c. 452, §3 (AMD).]

3. Results of test. Upon the request of the person who submits to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests must be made available to that person or that person's attorney by the law enforcement officer. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

4. Alcohol level. The following quantities of alcohol in the defendant's blood or breath have the following evidentiary effect. A. If, at the time alleged, a defendant who was 21 years of age or older at the time of arrest had an alcohol level of 0.05 grams or less of alcohol per 100 milliliters of blood or 210 liters of breath, it is prima facie evidence that the defendant was not under the influence of intoxicating liquor. [PL 2009, c. 447, §11 (AMD).] B. If, at the time alleged, a defendant who was 21 years of age or older at the time of the arrest had an alcohol level in excess of 0.05 grams of alcohol but less than 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath, it is relevant evidence, but it is not to be given prima facie effect in indicating whether or not the defendant was under the influence of intoxicating liquor within the meaning of this section, but that fact may be considered with other competent evidence in determining whether or not the defendant was under the influence of intoxicating liquor. [PL 2019, c. 452, §4 (AMD).] C. For purposes of evidence in proceedings other than those arising under section 10701, subsection 1‑A , it is presumed that a person was under the influence of intoxicating liquor when that person has: (1) For a person 21 years of age or older, an alcohol level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath; and (2) For a person less than 21 years of age, an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath. [PL 2009, c. 447, §11 (AMD).] D. [PL 2009, c. 447, §11 (RP).] [PL 2019, c. 452, §4 (AMD).]

5. Administration of tests. Persons conducting analyses of blood, breath or urine for the purpose of determining an alcohol level or drug concentration must be certified for each purpose by the Department of Health and Human Services under certification standards set by that department. A. Only a physician, licensed physician associate, registered nurse or person whose occupational license or training allows that person to draw blood samples may draw a specimen of blood for the purpose of determining the blood-alcohol level or the presence of a drug or drug metabolite. This limitation does not apply to the taking of breath or urine specimens. When a person draws a specimen of blood at the request of a law enforcement officer, that person may issue a certificate that states that the person is in fact a duly licensed or certified person as required by this subsection and that the person followed the proper procedure for drawing a specimen of blood to determine an alcohol level or drug concentration. That certificate, when duly signed and sworn to by the person, is admissible as evidence in any court of the State. It is prima facie evidence that the person was duly licensed or certified and that the person followed the proper procedure for drawing a specimen of blood for chemical testing, unless, with 10 days' written notice to the prosecution, the defendant requests that the person testify as to licensure or certification, or the procedure for drawing the specimen of blood. [PL 2019, c. 627, Pt. B, §2 (AMD); PL 2025, c. 316, §3 (REV).] B. A law enforcement officer may take a sample specimen of the breath or urine of any person whom the officer has probable cause to believe hunted wild animals or wild birds or operated or attempted to operate a watercraft, snowmobile or ATV while under the influence of intoxicating liquor or drugs and who is complying with the duty to submit to and complete a chemical test. The sample specimen must be submitted to the Department of Health and Human Services or a person certified by the Department of Health and Human Services for the purpose of conducting chemical tests of the sample specimen to determine an alcohol level or drug concentration of that sample. [PL 2009, c. 447, §12 (AMD).] C. Only equipment approved by the Department of Health and Human Services may be used by a law enforcement officer to take a sample specimen of the defendant's breath or urine for submission to the Department of Health and Human Services or a person certified by the Department of Health and Human Services for the purpose of conducting tests of the sample specimen to determine an alcohol level or drug concentration of that sample. Approved equipment must have a stamp of approval affixed by the Department of Health and Human Services. Evidence that the equipment was in a sealed carton bearing the stamp of approval must be accepted in court as prima facie evidence that the equipment was approved by the Department of Health and Human Services for use by the law enforcement officer to take the sample specimen of the defendant's breath or urine. [PL 2009, c. 447, §12 (AMD).] D. As an alternative to the method of breath testing described in this subsection, a law enforcement officer may test the breath of any person whom the officer has probable cause to believe hunted wild birds or wild animals or operated or attempted to operate a watercraft, snowmobile or ATV while under the influence of intoxicating liquor, by use of a self-contained, breath-alcohol testing apparatus to determine an alcohol level, as long as the testing apparatus is reasonably available. The procedures for the operation and testing of self-contained, breath-alcohol testing apparatuses must be as provided by rule adopted by the Department of Health and Human Services. The result of any such test must be accepted as prima facie evidence of an alcohol level in any court. [PL 2009, c. 447, §12 (AMD).] E. Approved self-contained, breath-alcohol testing apparatuses must have a stamp of approval affixed by the Department of Health and Human Services after periodic testing. That stamp of approval is valid for a limited period of no more than one year. Testimony or other evidence that the equipment was bearing the stamp of approval must be accepted in court as prima facie evidence that the equipment was approved by the Department of Health and Human Services for use by the law enforcement officer to collect and analyze a sample specimen of the defendant's breath. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).] F. Failure to comply with any provision of this subsection or with any rule adopted under this subsection does not, by itself, result in the exclusion of evidence of an alcohol level or drug concentration, unless the evidence is determined to be not sufficiently reliable. [PL 2009, c. 447, §12 (AMD).] G. Testimony or other evidence that any materials used in operating or checking the operation of the equipment were bearing a statement of the manufacturer or of the Department of Health and Human Services must be accepted in court as prima facie evidence that the materials were of a composition and quality as stated. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).] H. A person certified by the Maine Criminal Justice Academy, under certification standards set by the academy, as qualified to operate approved self-contained, breath-alcohol testing apparatuses may operate those apparatuses to collect and analyze a sample specimen of a defendant's breath. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2019, c. 627, Pt. B, §2 (AMD); PL 2025, c. 316, §3 (REV).]

6. Liability. Only a physician, licensed physician associate, registered nurse or person whose occupational license or training allows that person to draw blood samples or other health care provider in the exercise of due care is not liable in damages or otherwise for any act done or omitted in performing the act of collecting or withdrawing specimens of blood at the request of a law enforcement officer pursuant to this section. [PL 2019, c. 627, Pt. B, §3 (AMD); PL 2025, c. 316, §3 (REV).]

7. Evidence. The defendant's alcohol level at the time alleged and the concentration of drugs at the time alleged, as shown by the chemical analysis of the defendant's blood, breath or urine or by any test authorized by subsection 5 is admissible in evidence. A. When a person certified under subsection 5 conducts a chemical analysis of blood, breath or urine to determine an alcohol level or drug concentration, the person conducting the analysis may issue a certificate stating the results of the analysis. That certificate, when duly signed and sworn to by the certified person, is admissible in evidence in any court of the State. It is prima facie evidence that the person taking a specimen of blood or urine was a person authorized by subsection 5 ; that the equipment, chemicals and other materials used in the taking of the blood or urine specimen or a breath sample were of a quality appropriate for the purpose of producing reliable test results; that any equipment, chemicals or materials required by subsection 5 to be approved by the Department of Health and Human Services were in fact approved; that the sample tested by the person certified under subsection 5 was in fact the same sample taken from the defendant; and that the drug concentration in the defendant's blood or the defendant's alcohol level was, at the time the blood, breath or urine sample was taken, as stated in the certificate, unless with 10 days' written notice to the prosecution, the defendant requests that a qualified witness testify as to any of the matters as to which the certificate constitutes prima facie evidence. The notice must specify those matters concerning which the defendant requests testimony. [PL 2009, c. 447, §13 (AMD).] B. A person certified under subsection 5 as qualified to operate a self-contained, breath-alcohol testing apparatus to determine an alcohol level may issue a certificate stating the results of the analysis. That certificate, when duly signed and sworn to by the certified person, is admissible in evidence in any court of the State. It is prima facie evidence that the defendant's alcohol level was, at the time the breath sample was taken, as stated in the certificate, unless, with 10 days' written notice to the prosecution, the defendant requests that the operator or other qualified witness testify as to the results of the analysis. [PL 2009, c. 447, §13 (AMD).] C. Transfer of sample specimens to and from a laboratory for purposes of analysis must be by certified or registered mail and, when so made, is deemed to comply with all requirements regarding the continuity of custody of physical evidence. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] D. The failure of a person to comply with the duty to submit to and complete a chemical test under section 10702, subsection 1 is admissible in evidence on the issue of whether that person was under the influence of intoxicating liquor or drugs. If the law enforcement officer having probable cause to believe that the person hunted wild animals or wild birds or operated or attempted to operate a watercraft, snowmobile or ATV while under the influence of intoxicating liquor or drugs fails to give either of the warnings required under subsection 2 , the failure of the person to comply with the duty to submit to a chemical test is not admissible. If a failure to submit to and complete a chemical test is not admitted into evidence, the court may inform the jury of the fact that a test result is not available. [PL 2023, c. 228, §4 (AMD).] E. If a test result is not available for a reason other than a person's failure to comply with the duty to submit to and complete a chemical test, the unavailability and the reason are admissible in evidence. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2023, c. 228, §4 (AMD).]

8. Statements by accused. Any statement by a defendant that the defendant was the operator of a watercraft, snowmobile or ATV that the defendant is accused of operating in violation of section 10701, subsection 1‑A is admissible if it was made voluntarily and is otherwise admissible under the United States Constitution or the Constitution of Maine. The statement may constitute sufficient proof by itself, without further proof of corpus delicti, that the watercraft, snowmobile or ATV was operated by the defendant. Any statement by a defendant that the defendant was hunting wild animals or wild birds is admissible against a defendant accused of hunting wild animals or wild birds in violation of section 10701, subsection 1‑A if the statement was made voluntarily and is otherwise admissible under the United States Constitution or the Constitution of Maine. The statement may constitute sufficient proof by itself, without further proof of corpus delicti, that the defendant was hunting wild animals or wild birds. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §79 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

9. Payment for tests. Persons authorized to take specimens of blood at the direction of a law enforcement officer and persons authorized to perform chemical tests of specimens of blood or breath must be paid from the General Fund or from dedicated revenues of the department when a law enforcement officer of the department authorizes the chemical tests. The Department of Marine Resources shall pay for chemical tests authorized by marine patrol officers with funds available within that department. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

10. Accidents and officer's duties. The law enforcement officer has the following duties. A. After a person has been charged with hunting wild animals or wild birds or with operating or attempting to operate a watercraft, snowmobile or ATV while under the influence of intoxicating liquor or drugs or with an excessive alcohol level, the investigating or arresting officer shall investigate to determine whether the charged person has any previous convictions of a violation of section 10701, subsection 1‑A or adjudications for failure to comply with the duty to submit to and complete a chemical test under section 10702, subsection 1 . As part of that investigation, the officer shall review the records maintained by the courts, the State Bureau of Identification, the Secretary of State, including telecommunications of records maintained by the Secretary of State, or the department. [PL 2009, c. 447, §14 (AMD).] B. A law enforcement officer may arrest, without a warrant, any person whom the officer has probable cause to believe hunted any wild animal or wild bird or operated or attempted to operate a watercraft, snowmobile or ATV while under the influence of intoxicating liquor or drugs if the arrest occurs within a period following the offense reasonably likely to result in the obtaining of probative evidence that the person was under the influence of intoxicating liquor or drugs. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2009, c. 447, §14 (AMD).]

11. Fatalities. [PL 2023, c. 228, §5 (RP).]

12. Aid in enforcement among municipalities. Except as otherwise prohibited by municipal charter or ordinance, municipalities may, in the manner provided by Title 30‑A, section 2674 , enter into agreements regarding mutual aid in enforcing laws governing the hunting of wild animals or wild birds while under the influence of intoxicating liquor or drugs or the operation of a watercraft, snowmobile or ATV while under the influence of intoxicating liquor or drugs. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

13. Reporting; immunity. Immunity from certain criminal and civil liabilities for the act of good faith reporting by certain health care professionals on accidents that the reporting person reasonably believes involved a person who was hunting or operating a snowmobile, ATV or watercraft while under the influence of intoxicating liquor or drugs is set forth in Title 29‑A, section 2405 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 8869-A — ME Code / Title 12 / Part 11 / Chapter 805 / Section 8869-A
12 §8869-A. Prior bureau approval for harvesting trees and authority to issue stop-work orders
Status: in_force

The bureau shall establish a prior approval process for harvesting trees by a person that has committed 2 violations of unlawful cutting of trees pursuant to Title 17, section 2510, subsection 1 . The process must include at a minimum the following: [PL 2013, c. 405, Pt. A, §23 (REV); PL 2013, c. 412, §1 (NEW).]

1. Written approval. Requiring written approval from the bureau for the person to harvest trees on any land in the State; and [PL 2013, c. 405, Pt. A, §23 (REV); PL 2013, c. 412, §1 (NEW).]

2. Bonding. Requiring the person to post a private bond in an amount not less than $500,000 before commencing tree harvesting. [PL 2013, c. 412, §1 (NEW).]

The bureau shall issue a stop-work order if the requirements of this section are not met at the time harvesting is occurring. [PL 2013, c. 405, Pt. A, §23 (REV); PL 2013, c. 412, §1 (NEW).]

For the purposes of this section, "person" means an individual, corporation, partnership, association or any other legal entity. [PL 2013, c. 412, §1 (NEW).]

The Commissioner of Agriculture, Conservation and Forestry shall adopt rules to carry out the provisions of this section. Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 412, §1 (NEW).]
12 M.R.S. § 12911 — ME Code / Title 12 / Part 13 / Chapter 929 / Section 12911
12 §12911. Recreational use limits
Status: in_force

1. Findings and goals. Increased use has resulted in increased environmental impact on the Kennebec River and the West Branch Penobscot River, as well as on their valleys, nearby roads and the social structure of the areas. Recreational use limits are necessary to allow for rafting use and other competing uses, such as fishing, camping and canoeing, while minimizing detrimental impacts and maintaining the opportunity for a quality wilderness experience for rafters and for other users. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Kennebec River. The recreational use limit on the Kennebec River between Harris Station and West Forks is 1,000 commercial passengers per day. Noncommercial recreational use is not limited. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. West Branch Penobscot River. The recreational use limit of the West Branch Penobscot River between McKay Station and Pockwockamus Falls is 560 commercial passengers per day. Noncommercial recreational use is not limited. A. In order to allow free time for other uses, a person may not conduct a whitewater trip on the West Branch Penobscot River between McKay Station and Pockwockamus Falls between 5:00 p.m. and 8:30 a.m. [PL 2003, c. 655, Pt. B, §335 (NEW); 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, §335 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §335 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 9705 — ME Code / Title 12 / Part 11 / Chapter 809 / Section 9705
12 §9705. Recovery of certain penalties
Status: in_force

The penalty set forth in section 9701 when applied to the acts enumerated in section 9324, subsections 1 to 3 , may be recovered in a civil action and payable 1/2 to the municipality, if any, where the offense is committed and 1/2 to the State. [PL 1979, c. 545, §3 (NEW).]
12 M.R.S. § 9002 — ME Code / Title 12 / Part 11 / Chapter 807 / Section 9002
12 §9002. Posting and publishing
Status: in_force

The proclamation must be published in such newspapers of the State and posted in such places as the Governor considers necessary and a copy of that proclamation must be filed with the Secretary of State. A copy must be furnished to the director, who shall attend to the posting and publication of the proclamation. The expense of posting and publication and the expense of enforcing the proclamation are paid by the director, after allowance by the State Controller, from the appropriation for general forestry purposes. [PL 1995, c. 586, §4 (AMD).]
12 M.R.S. § 6072 — ME Code / Title 12 / Part 9 / Chapter 605 / Section 6072
12 §6072. Research and aquaculture leases
Status: in_force

1. Authority. The commissioner may lease areas in, on and under the coastal waters, including the public lands beneath those waters and portions of the intertidal zone, for scientific research or for aquaculture of marine organisms. The commissioner may grant a lease to any person. Except as provided in this Part, the commissioner's power to lease lands under this section is exclusive. For the purposes of this section, the deputy commissioner may serve in the place of the commissioner. For the purposes of this section, the commissioner or the deputy commissioner serving in the place of the commissioner may authorize in writing qualified professional department staff to sign lease documents. [PL 2003, c. 247, §2 (AMD).]

1-A. Lease requirement; finfish and suspension culture. Except as provided in sections 6072‑A , 6072‑B and 6072‑C , it is unlawful for a person who does not have a lease issued by the commissioner under this section to 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. For the purposes of this subsection, "suspended culture" includes all forms of culture except for the placement of marine organisms on the ocean bottom without the use of gear of any type. A. [PL 1997, c. 231, §2 (RP).] B. [PL 2023, c. 564, §1 (RP).] B-1. [PL 2023, c. 564, §1 (RP).] C. [PL 2023, c. 564, §1 (RP).] A person who violates this subsection is subject to a civil penalty, payable to the State, of no more than $1,000 for each day of the violation. [PL 2023, c. 564, §1 (AMD).]

2. Limitations of lease. The commissioner shall determine the provisions of each lease, provided: A. A lease may not exceed a term of 20 years; [PL 2017, c. 159, §2 (AMD).] B. [PL 1997, c. 138, §1 (RP).] C. [PL 1987, c. 453, §1 (RP).] D. [PL 1981, c. 609, §2 (RP).] E. Except as provided in subsection 13‑A , the lease does not result in a person being a tenant of any kind in leases covering an aggregate of more than 500 acres; [PL 2023, c. 268, §1 (AMD).] F. No single lease may exceed 100 acres in size; and [PL 2023, c. 268, §2 (AMD).] G. A lease may not be issued for aquaculture of salmonid species if the proposed stocking density of pens in the lease area exceeds 30 kilograms per cubic meter. [PL 2023, c. 268, §3 (NEW).] [PL 2023, c. 268, §§1-3 (AMD).]

3. Municipal approval. In any municipality with a shellfish conservation program under section 6671 , the commissioner may not lease areas in the intertidal zone within the municipality without the consent of the municipal officers. [PL 1999, c. 267, §1 (AMD).]

4. Applications. The application shall: A. Be written on forms supplied by the commissioner; [PL 1977, c. 661, §5 (NEW).] B. Describe the location of the proposed lease area by coordinates or metes and bounds; [PL 1997, c. 138, §2 (AMD).] C. Identify the species to be cultivated; [PL 1977, c. 661, §5 (NEW).] D. [PL 1987, c. 453, §1 (RP).] D-1. Characterize the physical and ecological impact of the project on existing uses of the site and any adverse effects on the existing uses of the area, as defined by regulation promulgated by the Commissioner of Marine Resources; [PL 1987, c. 453, §1 (NEW).] D-2. [PL 1997, c. 138, §3 (RP).] E. Describe the degree of exclusive use required by the project; [PL 1977, c. 661, §5 (NEW).] F. Include written permission of every riparian owner whose land to the low water mark will be actually used; [PL 1987, c. 453, §1 (AMD).] G. Include a map of the lease area and its adjoining waters and shorelands, with the names and addresses of the known riparian owners as listed in the municipal tax records; [PL 1987, c. 453, §1 (AMD).] H. Include an environmental evaluation of the site upon which the decision to seek a lease was made. The evaluation shall include, but not be limited to, bottom characteristics, resident flora, fauna and hydrography of the site if appropriate for the proposed lease; [PL 1987, c. 453, §1 (NEW).] I. Describe the proposed source of organisms to be grown at the site; and [PL 1987, c. 453, §1 (NEW).] J. Include a nonrefundable application fee of at least $100, but not more than $2,000, the amount to be set by the commissioner depending on the proposed acreage, type of aquaculture proposed and complexity of the application. [PL 2003, c. 660, Pt. A, §4 (AMD).] [PL 2003, c. 660, Pt. A, §4 (AMD).]

4-A. Application information. A person who applies for a lease in an area for which that person has been issued a limited-purpose lease under section 6072‑A or an emergency aquaculture lease under section 6072‑B may submit any information utilized in applying for a limited-purpose lease or an emergency 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, §3 (NEW).]

5. Application review. The commissioner shall review the application and set a hearing date if the commissioner is satisfied that the written application is complete, the application indicates that the lease could be granted and the applicant has preliminarily demonstrated that the applicant has the financial and technical capabilities to carry out the proposed activities. When the commissioner has determined that the application is complete, the commissioner shall forward a copy of the completed application and notice of hearing to the known owners of riparian land within 1,000 feet of the proposed lease and to the municipal officers of the municipality or municipalities in which or adjacent to which the lease is proposed. A municipality must be granted intervenor status upon written request. [PL 2023, c. 564, §2 (AMD).]

5-A. Department site review. Prior to the lease hearing, the department shall conduct an assessment of the proposed site and surrounding area to determine the possible effects of the lease on commercially and ecologically significant flora and fauna and conflicts with traditional fisheries and all other uses. This information must be provided to the intervenors and made available to the public 30 days before the hearing. As part of the site review, the department shall request information from the municipal harbor master about designated or traditional storm anchorages in proximity to the proposed lease. The commissioner may by rule establish levels of assessment appropriate to the scale or potential environmental risk posed by a proposed lease activity. The rules must provide a method of establishing a baseline to monitor the environmental effects of a lease activity. Rules adopted under this subsection are major substantive rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 660, Pt. A, §5 (AMD).]

6. Hearing procedure. Prior to granting a lease, the commissioner shall hold a hearing. The hearing shall be an adjudicatory proceeding and shall be held in the manner provided under the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV and the specific procedures of this section. A. Notwithstanding the provisions of Title 5, section 9052, subsection 1, paragraph A , personal notice of the hearing is required to be given only to the lessee and the known riparian owners, the municipal officers of the municipality or municipalities in which or adjacent to which the lease is located and any interested parties that have provided a written request for notification. [PL 2021, c. 52, §1 (AMD).] B. Notwithstanding the provisions of Title 5, section 9052, subsection 3, paragraph A , notice of hearing must be published once in a newspaper of general circulation in the area of the State affected and by any other manner considered appropriate by the department 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 paragraph. [PL 2023, c. 564, §3 (AMD).] C. The Department of Environmental Protection must be notified of all lease applications that involve activities that have a discharge into the waters of the State. The Department of Agriculture, Conservation and Forestry and the Department of Inland Fisheries and Wildlife must be notified of all lease applications. [PL 2021, c. 52, §3 (AMD).] D. [PL 2003, c. 247, §3 (RP).] [PL 2023, c. 564, §3 (AMD).]

7. Decision. [PL 1987, c. 453, §1 (RP).]

7-A. Decision. In evaluating the proposed lease, the commissioner shall take into consideration the number and density of aquaculture leases in an area and may grant the lease if the proposed lease meets the following conditions as defined by rule. A. The lease will not unreasonably interfere with the ingress and egress of riparian owners. [PL 2003, c. 660, Pt. A, §6 (AMD).] B. The lease will not unreasonably interfere with navigation. [PL 2003, c. 660, Pt. A, §6 (AMD).] C. The lease will not unreasonably interfere with fishing or other uses of the area. For the purposes of this paragraph, "fishing" includes public access to a redeemable shellfish resource, as defined by the department, for the purpose of harvesting, provided that the resource is commercially significant and subject to a pollution abatement plan that predates the lease application, that includes verifiable activities in the process of implementation and that is reasonably expected to result in the opening of the area to the taking of shellfish within 3 years. [PL 2003, c. 660, Pt. A, §6 (AMD).] D. The lease will not unreasonably interfere with significant wildlife habitat and marine habitat or with the ability of the lease site and surrounding marine and upland areas to support existing ecologically significant flora and fauna. [PL 2003, c. 660, Pt. A, §6 (AMD).] E. The applicant has demonstrated that there is an available source of organisms to be cultured for the lease site. [PL 2003, c. 660, Pt. A, §6 (AMD).] F. The lease does not unreasonably interfere with public use or enjoyment within 1,000 feet of a beach, park or docking facility owned by the Federal Government, the State Government or a municipal governmental agency or certain conserved lands. For purposes of this paragraph, "conserved lands" means land in which fee ownership has been acquired by the municipal government, State Government or Federal Government in order to protect the important ecological, recreational, scenic, cultural or historic attributes of that property. [PL 2023, c. 564, §4 (AMD).] G. The lease will not result in unreasonable impact from noise or light at the boundaries of the lease site. [PL 2003, c. 660, Pt. A, §6 (AMD).] H. Upon the implementation of rules, the lease must be in compliance with visual impact criteria adopted by the commissioner relating to color, height, shape and mass. [PL 2003, c. 247, §4 (NEW).] The commissioner shall adopt rules to establish noise, light and visual impact criteria under paragraphs G and H , which are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 564, §4 (AMD).]

7-B. 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. [PL 2003, c. 247, §5 (AMD).]

8. Preference. If more than one person applies to lease an area, preference must be given as follows: A. First, to the person who holds a lease for the area or a portion of the area under section 6072‑A and who submitted an application for a lease under this section for the area or a portion of the area before the lease under section 6072‑A expired; [PL 2011, c. 93, §1 (AMD).] A-1. Second, to the person who holds a license for the area or a portion of the area under section 6072‑C and who submitted an application for a lease under this section for the area or a portion of the area before the license under section 6072‑C expired; [PL 2017, c. 159, §3 (NEW).] B. Third, to the department; [PL 2017, c. 159, §3 (AMD).] C. Fourth, to the riparian owner of the intertidal zone in which the leased area is located; [PL 2017, c. 159, §3 (AMD).] D. Fifth, to a person who fishes commercially and who has traditionally fished in or near the proposed lease area; and [PL 2017, c. 159, §3 (AMD).] E. Sixth, to the riparian owner within 100 feet of leased coastal waters. [PL 2017, c. 159, §3 (AMD).] [PL 2017, c. 159, §3 (AMD).]

8-A. Preference for limited-purpose lease areas. [PL 2011, c. 93, §2 (RP).]

9. Rents. After consulting with the Director of the Bureau of Parks and Lands, the commissioner shall determine the rent that must be paid under each lease. The rent must represent a fair value based upon the use of and any structures in the leased area, but in no instance may the rental fee be set at less than $50 an acre or more than $100 an acre. The commissioner has the discretion to increase the rental fees for categories of leases. These changes may take effect over the term of a lease. The commissioner also may discount a portion of the rental fee during the first 2 years of operation of a new lease. This discounted rate may not be less than $50 an acre. [PL 2003, c. 660, Pt. A, §7 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

10. Notification of granted leases. After the granting of a lease: A. [PL 2015, c. 68, §1 (RP).] B. 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, §6 (RPR).] C. The lessee shall mark the leased area in a manner prescribed by the commissioner; and [PL 2003, c. 247, §6 (RPR).] D. 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 department 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 are considered confidential statistics for the purposes of section 6173 . A copy of a report provided to a municipality pursuant to this paragraph is confidential. [PL 2021, c. 581, §1 (AMD).] [PL 2021, c. 581, §1 (AMD).]

11. 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 or public health, if no substantial aquaculture or research has been conducted over the course of the lease or if any condition of the lease or any minimum lease maintenance standard adopted pursuant to subsection 13, paragraph A has been violated, the commissioner may initiate revocation proceedings and revoke the lease. A lease revocation is an adjudicatory proceeding under Title 5, chapter 375, subchapter 4 . The department shall hold a hearing with public notice prior to revoking any lease. [PL 2021, c. 52, §4 (AMD).]

11-A. Lease assignment. The commissioner shall assign leases in accordance with this subsection. A. When a lease under this section has been terminated by the lessee or has been revoked by the commissioner and all appeals have been exhausted, the commissioner may lease the same site on the same terms and conditions to a new lessee for the amount of time remaining in the term of the previous lease, subject to the requirements of this section. A lease that has been terminated or revoked may be assigned pursuant to this subsection at any time before its term expires. A lease assignment pursuant to this subsection is not an adjudicatory proceeding. [PL 2009, c. 229, §1 (NEW).] B. Before assigning a lease pursuant to this subsection, the commissioner shall give notice to the public of the opportunity to submit proposals to assume and operate the lease. The commissioner shall determine that a proposal is eligible for consideration if: (1) The application is complete, using forms provided by the commissioner; (2) The change in lessee would not violate any of the standards in subsection 7‑A ; (3) The assignment is not intended to circumvent the intent of subsection 8 ; (4) The assignment is not for speculative purposes; and (5) Except as provided in subsection 13‑A , the assignment will not cause the assignee to be a tenant of any kind in leases covering an aggregate of more than 500 acres. [PL 2009, c. 229, §1 (NEW).] C. The commissioner shall consider the eligible proposals under paragraph B and shall either: (1) Select for assignment the proposal that is best suited to the lease site and in the best interests of the State; (2) Declare all proposals unsuitable and solicit new proposals; or (3) Suspend the assignment process for the lease site in question. [PL 2009, c. 229, §1 (NEW).] D. After a proposal is selected pursuant to paragraph C , but before the lease is assigned, the commissioner shall give notice of the pending assignment to the public, the owners of riparian land within 1,000 feet of the lease site and the municipal officers of the municipality within which the lease is located. The notice must provide an opportunity to submit written comments on the proposed lease assignment within 14 days. The commissioner may decline to assign the lease and may select another proposal for assignment or proceed as described in paragraph C , subparagraph (2) or (3). [PL 2009, c. 229, §1 (NEW).] E. A decision by the commissioner to assign a lease or to decline to assign a lease to an applicant whose proposal was selected pursuant to paragraph C must be rendered in writing and must include findings of fact and conclusions of law. The decision by the commissioner to assign or not to assign a lease is a final decision. [PL 2009, c. 229, §1 (NEW).] F. The commissioner shall establish by rule the fee for assigning a lease under this subsection, which may not exceed $5,000, based on the type of aquaculture conducted and the size of the lease. The assignee must pay the fee prior to the execution of the lease. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 229, §1 (NEW).] [PL 2009, c. 229, §1 (NEW).]

12. Renewal. The commissioner shall renew a lease if: A. The commissioner receives, prior to the expiration of a lease, an application for renewal that includes information on the type and amount of aquaculture 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 by the commissioner if a substantial illness or medical condition prevented the leaseholder from submitting the application prior to the date of expiration. The applicant shall provide the commissioner with documentation from a physician describing the substantial illness or medical condition. The commissioner may not process an application received more than 30 days after the expiration of a lease, and the applicant's lease expires; [PL 2025, c. 389, §1 (AMD); 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. For the purposes of this paragraph, "compliance record" means department aquaculture inspection reports and enforcement actions as they relate to the operation of an aquaculture lease; [PL 2025, c. 389, §1 (AMD); PL 2025, c. 389, §7 (AFF).] C. The commissioner determines that renewal of the lease is in the best interest of the State; [PL 2003, c. 247, §8 (NEW).] D. Except as provided in 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 2005, c. 535, §2 (AMD).] E. The lease is not being held for speculative purposes. [PL 2003, c. 247, §8 (NEW).] 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 within 30 days after the expiration of a lease, the leaseholder is responsible for removing all gear and products within 120 days. When aquaculture 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 will continue to meet the criteria for approval in subsection 7‑A . A lease renewal is not an adjudicatory proceeding. Upon determining that the renewal application is complete, the commissioner shall provide notice of the 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 lease is located. The applicant shall provide the names and addresses of known owners of riparian land within 1,000 feet of the 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 of the State in which the lease is located. 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 application 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 newspaper notice. A lease renewal application must include a nonrefundable application fee of no more than $1,500, the amount to be set by the commissioner depending on the type of aquaculture permitted by the lease. [PL 2025, c. 389, §1 (AMD); PL 2025, c. 389, §7 (AFF).]

12-A. Transferability. A lease under this section may be transferred to another person for the remaining portion of its term subject to the conditions in this subsection. A lease transfer is not an adjudicatory proceeding. A. An application to transfer a lease pursuant to this subsection must be made on forms provided by the commissioner. When the commissioner determines that the application is complete, the commissioner shall give notice of the proposed transfer to the public, the owners of riparian land within 1,000 feet of the lease site and the municipal officers of the municipality within which the lease is located. The notice must provide an opportunity to submit written comments on the proposed lease transfer within 30 days. [PL 2023, c. 564, §6 (AMD).] B. The commissioner may grant lease transfers pursuant to this subsection if the commissioner determines that: (1) The change in lessee does not violate any of the standards in subsection 7‑A ; (2) The transfer is not intended to circumvent the intent of subsection 8 ; (3) The transfer is not for speculative purposes; and (4) Except as provided in subsection 13‑A , the transfer will not cause the transferee to be a tenant of any kind in leases covering an aggregate of more than 500 acres. A decision by the commissioner on an application to transfer a lease must be rendered in writing and must include findings of fact and conclusions of law. The decision by the commissioner on the transfer application is a final decision. [PL 2021, c. 676, Pt. A, §28 (AMD).] C. The commissioner shall establish by rule the fee for transferring a lease under this subsection, which may not exceed $5,000, based on the type of aquaculture conducted and the size of the lease. The transferee must pay the fee at the time application for the transfer is made. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 52, §6 (AMD).] [PL 2023, c. 564, §6 (AMD).]

12-B. Extension of lease. [PL 2011, c. 93, §4 (RP).]

12-C. Expansion of lease. A person who has held a lease under this section for at least 2 years from the date the lease was originally executed may apply to the commissioner to expand the contiguous area of the lease by up to 25%, but may not expand by more than 4 acres, once during the duration of the term of the lease pursuant to this subsection. A. The lease holder shall submit an application written on forms supplied by the commissioner: (1) Describing the location of the proposed lease expansion area by coordinates or metes and bounds; (2) Characterizing the physical and ecological impact of the lease expansion on existing uses of the site and any adverse effects on existing uses of the area, as defined by rules adopted by the commissioner; (3) Including the written permission of every riparian owner whose land to the low-water mark will be used; (4) Including a map of the lease area and its proposed expansion, and its adjoining waters and shorelands, with the names and addresses of the known riparian owners as listed in the municipal tax records; (5) Including an environmental evaluation of the site upon which the decision to seek an expansion of the lease was made. The evaluation must include, but is not limited to, bottom characteristics, resident flora and fauna and hydrography of the site if appropriate for the proposed lease; and (6) Including a nonrefundable application fee of at least $100, but not more than $2,000, the amount to be set by the commissioner depending on the proposed acreage, type of aquaculture proposed and complexity of the expansion application. [PL 2021, c. 52, §7 (AMD).] B. The commissioner shall review the application. When the commissioner has determined that the application for the lease expansion is complete, the commissioner shall provide notice to the known riparian owners and to the municipal officers of the municipality or municipalities in which or adjacent to which the lease expansion is proposed. The applicant shall publish in a newspaper of general circulation in the municipality or municipalities in which the lease expansion is proposed a summary of the application and notice of the opportunity to submit comments regarding the proposed lease expansion to the commissioner during a period of at least 30 days following the date of publication of the lease expansion summary. [PL 2021, c. 52, §7 (AMD).] C. The commissioner may conduct an assessment of the proposed lease expansion area to determine possible effects of the lease on commercially and ecologically significant flora and fauna. [PL 2017, c. 159, §4 (NEW).] D. The commissioner shall consider comments received during the period for comments set pursuant to paragraph B . [PL 2017, c. 159, §4 (NEW).] E. If the commissioner determines that, based upon the application and comments received, the lease expansion meets the requirements of subsection 7‑A , the commissioner may approve the request for the lease expansion. [PL 2017, c. 159, §4 (NEW).] [PL 2021, c. 52, §7 (AMD).]

12-D. Conversion of limited-purpose lease for commercial purposes. A person who holds a limited-purpose lease for commercial purposes pursuant to section 6072‑A may apply to convert that lease to a lease under this section as long as the application is for the same lease area and same operations authorized by the limited-purpose lease. The commissioner shall convert the limited-purpose lease as soon as possible following receipt of a complete application that meets the requirements of this subsection. A. [PL 2025, c. 389, §2 (RP).] B. [PL 2025, c. 389, §2 (RP).] C. [PL 2025, c. 389, §2 (RP).] D. [PL 2025, c. 389, §2 (RP).] E. [PL 2025, c. 389, §2 (RP).] F. [PL 2025, c. 389, §2 (RP).] G. [PL 2025, c. 389, §2 (RP).] [PL 2025, c. 389, §2 (RPR).]

13. Rules. The commissioner may adopt or amend rules: A. Establishing minimum standards for maintaining leases; [PL 1981, c. 609, §4 (NEW).] B. For procedures to issue, transfer, review, assign, expand, convert or revoke leases; [PL 2023, c. 564, §8 (AMD).] C. For notices and hearings to the extent that those procedures are not established by this section or the Maine Administrative Procedure Act, Title 5, chapter 375 ; [PL 1987, c. 453, §1 (AMD).] D. For regulating the harvest of wild organisms to be cultured on aquaculture leases; [PL 1987, c. 453, §1 (NEW).] E. For establishing and revaluing fees and rents related to aquaculture; [PL 1993, c. 525, §1 (AMD).] F. For defining application requirements, an application review process and decision criteria; [PL 2003, c. 660, Pt. A, §11 (AMD).] G. For adding or deleting authorization for the holder of an aquaculture lease to grow specific species or to use specific gear on the lease site and for a modification to operations as a result of a change in species or gear authorization. A change in authorization or a resultant modification to operations is not an adjudicatory proceeding. The commissioner shall establish by rule the fee for modifying a lease under this paragraph, which may not exceed $200. 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 7‑A when the lease was approved; [PL 2021, c. 52, §8 (AMD).] H. For establishing fallowing requirements and procedures; [PL 2021, c. 52, §8 (AMD).] I. For establishing fees for services provided by the department to a lease holder if the lease holder requests testing or location-specific studies to ensure the lease holder's products are safe for human consumption. Fees collected pursuant to this paragraph must be deposited into the Shellfish Fund under section 6651 ; and [PL 2021, c. 52, §8 (NEW).] J. For defining seed size or seed management and harvest seasons. [PL 2021, c. 52, §8 (NEW).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 564, §8 (AMD).]

13-A. Lease acreage increase; fallowing. The commissioner may require a person to submit an annual fallowing plan and a reassessment schedule for that plan to the commissioner that identifies lease sites that have been actively operated during the lease period and that will be fallowed. The commissioner shall review the plan and reassessment schedule and may approve them, reject them or request changes. Revisions to the plan must be submitted in accordance with the reassessment schedule unless the commissioner authorizes an exception due to extraordinary circumstances. A. Except as provided in paragraph B , a person may not be a tenant of any kind in leases covering an aggregate of more than 500 acres including fallowed leases at any time. [PL 2005, c. 535, §4 (NEW).] B. The commissioner may by rule authorize leases in excess of the 500-acre limit if the commissioner determines that the increase is beneficial for the management of aquaculture and is environmentally and economically appropriate. The commissioner may not authorize a person to be a tenant of any kind in leases covering an aggregate of more than 1,500 acres. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 535, §4 (NEW).] For purposes of this subsection, "fallow" means a lease site without cultured organisms. A lease site fallowed pursuant to an enforcement action may not be considered fallowed for the purpose of this subsection. [PL 2005, c. 535, §4 (RPR).]

14. Conflicts. Whenever a project described in a pending aquaculture lease conflicts or could conflict with a project described in a pending submerged lands act lease, the commissioner and the Commissioner of Agriculture, Conservation and Forestry shall determine which project is in the best interests of the State. [PL 1977, c. 661, §5 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]

15. Rules. [PL 2021, c. 52, §9 (RP).]

16. Lease-by-rule; small-scale finfish and suspended shellfish operations. [PL 1997, c. 138, §7 (RP).]

17. 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, §3 (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, §3 (NEW).] [PL 2005, c. 92, §3 (NEW).]

18. 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, §2 (NEW).]
12 M.R.S. § 10258 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10258
12 §10258. Snowmobile Enforcement Fund
Status: in_force

1. Fund established. The Snowmobile Enforcement Fund, referred to in this section as the "fund," is established in the department's Bureau of Warden Service. All funds credited to the fund are available for use by the Game Warden Colonel of the Bureau of Warden Service only for the purposes established in this section. Money in the fund may be used only to supplement other funds appropriated to the enforcement operations program. Money in the fund at the end of each fiscal year does not lapse and must be carried forward to the next fiscal year. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Fund uses. The Game Warden Colonel may use money in the fund only for the following purposes: A. Regular or overtime personnel services costs of the warden service related to enforcement of snowmobile laws; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Safety or other education programs conducted by the department or authorized by the department that are related to the operation of snowmobiles; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Purposes, including the purchase of equipment or machinery, determined by the Game Warden Colonel as necessary for effective snowmobile safety and enforcement activities. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 6461 — ME Code / Title 12 / Part 9 / Chapter 619 / Section 6461
12 §6461. Purpose
Status: in_force

The lobster fishing industry is one of the most important industries in the State because of its contribution to the economy and also because of its unique social, historic and cultural contributions to this State's quality of life. [PL 1979, c. 355, §1 (NEW).]

This subchapter is enacted to help conserve and promote the prosperity and welfare of the State and its citizens and the lobster fishing that helps to support them. This subchapter will accomplish these goals by fostering and promoting better methods of conserving, utilizing, processing, marketing and studying the lobster. [PL 1979, c. 355, §1 (NEW).]