12 M.R.S. § 5012 — ME Code / Title 12 / Part 8 / Chapter 428 / Section 5012
12 §5012. Duties of commissioner
Status: in_force

The commissioner is the chief executive officer of the Department of Agriculture, Conservation and Forestry. The commissioner shall coordinate and supervise the activities and programs of the divisions and agencies that are part of the department; undertake comprehensive planning and analysis with respect to the functions and responsibilities of the department; and develop and implement, whenever necessary, procedures and practices to promote economy, efficiency and coordination in and between the various agencies and divisions of the department. The commissioner shall reorganize or combine the divisions of the department or the planning, operations and other functions among the divisions of the department as the commissioner considers necessary to improve the efficiency of department services. From time to time the commissioner shall recommend to the Governor and Legislature such changes in the laws relating to the organization, functions, services or procedures of the agencies and divisions of the department as the commissioner considers desirable. The commissioner shall prepare a budget for the department and shall organize and maintain the office of the commissioner. [PL 2009, c. 213, Pt. L, §1 (AMD); PL 2011, c. 657, Pt. W, §§5, 7 (REV).]

The commissioner has the power to appoint a deputy commissioner and division heads and other staff of the department, subject to the Civil Service Law, and prescribe their duties as necessary for the proper performance of the duties of the department. [PL 2009, c. 213, Pt. L, §2 (AMD); PL 2011, c. 657, Pt. W, §7 (REV).]

The deputy commissioner and division heads serve at the pleasure of the commissioner, except that dismissal of the Executive Director of the Maine Land Use Planning Commission requires the consent of a majority of the members of that commission. [PL 2009, c. 213, Pt. L, §3 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2011, c. 682, §38 (REV).]

The commissioner may, subject to the approval of the Governor, apply for and accept on behalf of the State any funds, other personal or real property, including emergency relief funds, grants, bequests, gifts, contributions or services and other intangible assets from any person, corporation or government, including the Government of the United States for the purpose of economic opportunity, business growth and other strategic investments. Such funds must be received by the Treasurer of State on behalf of the State and deposited in an appropriate new or existing account in the department. The commissioner shall adopt rules to implement and administer grant or other fund disbursement programs using funds in the account. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The commissioner may adjudicate appeals of grant or other disbursement decisions made under the programs. Notwithstanding any provision of law to the contrary, an adjudicatory hearing on an appeal must be held in accordance with the Maine Administrative Procedure Act. [PL 2023, c. 412, Pt. W, §1 (AMD).]

The commissioner may, on behalf of the department, enter into such agreements with any person, corporation or state or local government agency or authority as will promote the objectives of the department. [PL 1987, c. 308, §8 (AMD).]

The commissioner may from time to time make noncash awards for outstanding contributions in the field of natural resource management. [PL 1977, c. 360, §19 (NEW).]

The department may prepare and distribute printed and audio-visual materials on matters within its statutory jurisdiction. There is established within the department a revolving fund for the use of the department to cover the printing and distribution costs of these materials. The commissioner shall fix the prices at which publications of the department may be sold or delivered. The department shall retain, without charge, an appropriate number of each publication for complimentary distribution. The commissioner may fix the price at which United States Geological Survey and other maps, charts and other publications may be sold or delivered, provided that these publications are specifically authorized for resale by the originating agency and are specifically concerned with information on the state's natural resources. Income from the sale of publications that were charged to the revolving fund shall be credited to the revolving fund to be used as a continuing carrying account to carry out the purposes of the revolving funds. [PL 1981, c. 542, §2 (NEW).]

The department shall publish a compendium of laws affecting forestry including, without limitation, laws regarding boundary lines, trespass, timber harvest, wood measurement, forest fire prevention, forest land taxation, shoreland zoning and the site location of development law. The department shall publish the first compendium by January 1, 1989, and subsequent editions by 90 days after the adjournment of the 2nd regular session of the Legislature. The department shall make the compendium available to the public at cost. The department may use the revolving fund established under this section for printing and distribution. [PL 1987, c. 749, §1 (AMD).]

The commissioner may work with representatives from the College of Forest Resources and the College of Business Administration in the University of Maine System, representatives from the forest industry and representatives from the business and finance community to develop curricula for a joint Master of Business Administration and Master of Science in Forestry degree program and to develop initiatives for forest products marketing, including continuing education courses for foresters in marketing and finance and to establish a faculty position in forest products marketing. [PL 1989, c. 875, Pt. J, §1 (NEW).]

Prior to final negotiations and legislative and administrative review of the sale of state-designated lands or an interest in designated lands that contain significant deer wintering habitat, the commissioner shall report to the joint standing committee of the Legislature having jurisdiction over conservation matters and the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters regarding the proposed sale. For purposes of this section, "designated lands" has the same meaning as in section 598‑A . [PL 2011, c. 381, §2 (NEW).]
12 M.R.S. § 12509 — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12509
12 §12509. Permit to import live freshwater fish or eggs
Status: in_force

1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not introduce, import or transport any live fish or fish eggs into the State or receive or have in that person's possession fish or fish eggs so introduced, imported or transported without a valid permit issued under this section. A person who violates this subsection commits a Class E crime, except that, notwithstanding Title 17‑A, section 1704 , the fine may not be less than $1,000 nor more than $10,000. [PL 2025, c. 343, §5 (AMD).]

2. Issuance. The commissioner may grant permits to introduce, import or transport any live fish or fish eggs into the State or to receive or have in possession fish or fish eggs so introduced, imported or transported if the commissioner determines that the species does not pose an unreasonable risk to any species of fish or other organism after evaluating fish health, habitat and population management issues. The commissioner may not adopt rules or issue permits governing any aspect of either the commercial aquaculture of Atlantic salmon when intended for use in commercial aquaculture in coastal waters, or in land-based aquaculture facilities, or the Atlantic salmon restoration program. [PL 2025, c. 343, §6 (AMD).]

3. Application. Importers shall, when requesting a permit issued pursuant to subsection 2 , provide the commissioner with the following information: A. The number and species to be imported; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. The name and address of the source; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. A statement from a fish health inspector certified by the American Fisheries Society, a fish pathologist certified by the American Fisheries Society or a licensed accredited veterinarian, certifying that the fish or fish eggs are from sources that show no evidence of viral hemorrhagic septicemia, infectious pancreatic necrosis, infectious hematopoietic necrosis, Myxosomo cerebralis or other diseases that may threaten fish stocks within the State; and [PL 2025, c. 343, §7 (AMD).] D. Other professionally recognized tests or analyses, including evaluation of fish health, habitat or population management issues that the commissioner may require by rule to ensure that the species will not pose an unreasonable risk to any species of fish or other organism. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2025, c. 343, §7 (AMD).]

4. Rules. The commissioner may adopt rules allowing the possession and importation of certain species of tropical fish and goldfish without a permit, for aquarium purposes only, if the commissioner determines that the species does not pose an unreasonable risk to any species of fish or other organism after evaluating fish health, habitat and population management issues. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 8904 — ME Code / Title 12 / Part 11 / Chapter 807 / Section 8904
12 §8904. Coordinating protective agencies
Status: in_force

The director shall formulate emergency plans of action to establish staffing pools, equipment reserves, facilities for feeding, transportation and communication on forest fires. In preparing the plan, other agencies and organizations having needed facilities should be contacted, such as fire chiefs, emergency management units, the American Red Cross, sheriffs, the American Legion, the State Police, the Maine National Guard, the Department of Transportation, the Department of Inland Fisheries and Wildlife, the State Grange, colleges, the Civil Air Patrol and any other protective group as determined by the director. Whenever or wherever a major forest fire occurs or threatens, the bureau is the coordinating agency until the Governor declares an emergency. [PL 2013, c. 462, §1 (AMD).]

1. Confidentiality. Emergency plans of action that contain any of the following information are confidential and exempt from public records requirements pursuant to Title 1, chapter 13 : A. Personal contact information; [PL 2025, c. 72, §1 (NEW).] B. Information related to gaining access to gates, locks or roads; [PL 2025, c. 72, §1 (NEW).] C. Proprietary information of a landowner; or [PL 2025, c. 72, §1 (NEW).] D. Emergency response information acquired by the director through forest fire preparedness and planning activities. [PL 2025, c. 72, §1 (NEW).] [PL 2025, c. 72, §1 (NEW).]

2. Disclosure of confidential information. The director may disclose information that is considered confidential under subsection 1 to another state agency for the purposes of emergency incident response and planning. [PL 2025, c. 72, §2 (NEW).]
12 M.R.S. § 12858 — ME Code / Title 12 / Part 13 / Chapter 927 / Section 12858
12 §12858. Guide license violations
Status: in_force

1. Guide license violations. A person licensed as a guide may not violate the following provisions. A. A person licensed as a guide may not knowingly assist a client in violating any of the provisions of this Part. (1) If the violation committed by the client is a civil violation, a person licensed as a guide 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) If the violation committed by the client is a civil violation, a person licensed as a guide 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. (3) If the violation committed by the client is a criminal violation, a person licensed as a guide who violates this paragraph commits a Class E crime. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).] B. A person licensed as a guide who has knowledge that a client has violated the provisions of this Part shall, within 24 hours, inform a person authorized to enforce this Part. (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. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).] C. A person licensed as a guide may not take a party of more than 12 people out on any lake, stream or waterway in the State at any time. (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. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Civil violations. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]

3. Criminal violations. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 12461 — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12461
12 §12461. State heritage fish waters
Status: in_force

1. Adoption of state heritage fish waters. The commissioner shall adopt by rule a list of state heritage fish waters composed of lakes and ponds that contain state heritage fish, as defined in Title 1, section 212‑A . This list must include waters identified as eastern brook trout waters and arctic charr waters that have never been stocked according to any reliable records authorized for adoption by Resolve 2005, chapter 172, as amended, and waters identified as eastern brook trout waters and arctic charr waters that according to reliable records have not been stocked for at least 25 years. The list of state heritage fish waters may be amended by rule in accordance with the provisions of subsections 2 and 3 based on criteria established by the commissioner and in accordance with the provisions of Title 5, chapter 375 . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 538, §35 (RPR).]

2. Addition of waters to list. The commissioner may adopt rules to amend the list established under subsection 1 to add a lake or pond if that lake or pond meets criteria established by the commissioner for classifying a lake or pond as a state heritage fish water. Rules adopted to add a lake or pond to the list established under subsection 1 are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . A public hearing on the rules must be held prior to adoption of the rules and conducted in accordance with the provisions of Title 5, chapter 375 . [PL 2013, c. 538, §36 (AMD).]

3. Removal of waters from list. The commissioner may by rule remove a lake or pond from the list established under subsection 1 . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . A public hearing on the rules must be held prior to adoption of the rules and conducted in accordance with the provisions of Title 5, chapter 375 . [PL 2013, c. 538, §36 (AMD).]

4. Stocking state heritage fish. The commissioner may not stock or issue a permit to stock fish in a lake or pond listed as a state heritage fish water under this section. [PL 2007, c. 21, §2 (AMD).]

5. Fishing restrictions. A person may not use live fish as bait or possess live fish to be used as bait on a lake or pond listed as a state heritage fish water under this section. A person who violates this subsection commits a Class E crime. [PL 2007, c. 21, §2 (AMD).]

6. Exceptions. Notwithstanding the stocking restrictions set forth in subsection 4 , the commissioner may: A. Stock Big Reed Pond in T.8, R.10, W.E.L.S. with native fish species. If sufficient brook trout from Big Reed Pond are not available, brook trout from Reed Brook and its tributaries in T.8, R.10, W.E.L.S. may be used for restocking. If arctic charr from Big Reed Pond are not available, arctic charr from an endemic arctic charr water in the State may be used for restocking. If northern redbelly dace need to be restocked in Big Reed Pond, northern redbelly dace from Reed Brook and its tributaries in T.8, R.10, W.E.L.S. may be used for restocking; and [PL 2013, c. 358, §3 (AMD).] B. Stock Big Wadleigh Pond in T.8, R.15, W.E.L.S. with native fish species. If sufficient brook trout from Big Wadleigh Pond are not available, brook trout from Wadleigh Stream in T.8, R.15, W.E.L.S. and T.7, R.15, W.E.L.S. or Poland Pond in T.7, R.15 W.E.L.S. may be used for restocking. If arctic charr from Big Wadleigh Pond are not available, arctic charr from an endemic arctic charr water in the State may be used for restocking. [PL 2013, c. 538, §37 (AMD).] [PL 2013, c. 538, §37 (AMD).]

7. Use of live fish as bait exceptions. Notwithstanding the fishing restrictions set forth in subsection 5 , a person may fish using live fish for bait in the following waters: A. Millimagassett Lake, in T.7, R.8 W.E.L.S.; [PL 2013, c. 538, §38 (NEW).] B. Millinocket Lake and Little Millinocket Lake, in T.7, R.9 W.E.L.S., T.8, R.9 W.E.L.S. and T.7, R.10 W.E.L.S.; and [PL 2013, c. 538, §38 (NEW).] C. Webster Lake, in T.6, R.10 W.E.L.S. and T.6, R.11 W.E.L.S. [PL 2013, c. 538, §38 (NEW).] [PL 2013, c. 538, §38 (NEW).]

8. Report required. The commissioner shall report by January 15th annually to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters regarding any rule-making actions taken to add or to remove waters from the list of state heritage fish waters. [PL 2013, c. 538, §38 (NEW).]
12 M.R.S. § 9001-A — ME Code / Title 12 / Part 11 / Chapter 807 / Section 9001-A
12 §9001-A. Definitions
Status: in_force

As used in this subchapter, the following terms have the following meanings. [PL 1995, c. 586, §3 (NEW).]

1. Licensed camping facility. "Licensed camping facility" means a recreational camp, youth camp or camping area licensed under Title 22, section 2495 . [PL 2009, c. 211, Pt. B, §4 (AMD).]
12 M.R.S. § 10323 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10323
12 §10323. Grant expenditures; distribution
Status: in_force

1. Generally. The grant committee shall make grants to law enforcement agencies for projects found consistent with the criteria established pursuant to section 10325 . [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).]

2. Grant categories. Except as otherwise provided in this subchapter, the grant committee shall distribute grant money in accordance with this subsection. For purposes of this section, "category funds" means money in the fund other than money used for administrative expenses and other than funds carried forward in accordance with subsection 3 . The grant committee shall annually make available for grants category funds in the following percentages for the following categorical purposes: A. For general ATV enforcement, 40%; [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] B. For multijurisdictional high-problem area enforcement, 50%; and [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] C. For law enforcement officer training and equipment, 10%. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).]

3. Money to be carried forward. If the grant committee determines that not providing the full amount of category funds for a categorical purpose better serves the grant committee's strategic grant plan or if insufficient grant applications in a particular year conform to the strategic plan for a particular categorical purpose, the grant committee shall carry forward the unspent money for use in succeeding years for the same categorical purpose. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).]
12 M.R.S. § 8301 — ME Code / Title 12 / Part 11 / Chapter 803 / Section 8301
12 §8301. Emergencies
Status: in_force

Responsibility for control of forest insect and disease outbreaks shall, in all but emergencies, rest with the owners of the property whether private or public. [PL 1979, c. 545, §3 (NEW).]

Emergencies, for the purposes of this chapter, shall be so considered when, in the opinion of the director, the infestation or disease is likely to kill or seriously injure trees in large numbers, or is so localized that immediate control will prevent a large possible outbreak, or is of recent foreign origin. [PL 1987, c. 183, §2 (AMD).]

In emergencies, the director may enter into agreement with municipal officials to pay up to 1/2 the cost of control if state funds are available for this purpose. Whenever the State does contribute funds for this purpose, it shall have the authority to determine the control methods to be used. The State may make similar agreements with groups of private owners if the project is approved by municipal officials. [PL 1979, c. 545, §3 (NEW).]

In an emergency, control measures may be done directly by the State or may be done on a contract basis with responsible private companies or individuals. [PL 1979, c. 545, §3 (NEW).]
12 M.R.S. § 11452 — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11452
12 §11452. Baiting deer
Status: in_force

1. Prohibitions. A person may not, during an open hunting season on deer: A. Place salt or any other bait or food in a place to entice deer to that place; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Hunt from an observation stand or blind overlooking salt, grain, fruit, nuts or other foods known to be attractive to deer. This prohibition does not apply to hunting from an observation stand or blind overlooking: (1) Standing crops; (2) Foods that are left as a result of normal agricultural operations or as a result of a natural occurrence; or (3) Bear bait that is placed at a bear hunting stand or blind in accordance with section 11301, subsection 1 . [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, §171 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Penalty. A person who violates subsection 1 commits a civil violation for which a fine of not less than $500 nor more than $1,000 may be adjudged. [PL 2019, c. 630, §3 (AMD).]
12 M.R.S. § 13058 — ME Code / Title 12 / Part 13 / Chapter 935 / Section 13058
12 §13058. Lake and river protection sticker required
Status: in_force

1. Prohibition. A person exempt from the certificate of number requirement pursuant to section 13056, subsection 2, paragraph B may not place or operate a motorboat, personal watercraft or seaplane on the inland waters of the State unless a valid lake and river protection sticker issued annually under subsection 3 is permanently affixed to: A. Each side of the bow of a motorboat or personal watercraft above the water line and approximately 3 inches behind the validation sticker required under section 13056 ; and [PL 2009, c. 213, Pt. OO, §16 (NEW).] B. Each outside edge of a seaplane’s pontoons so that the entire sticker is visible above the water line when the seaplane is resting on the water. [PL 2009, c. 213, Pt. OO, §16 (NEW).] This sticker is nontransferable. [PL 2009, c. 213, Pt. OO, §16 (RPR).]

2. Violation. A person who violates subsection 1 is subject to the provisions of this subsection. A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 and not more than $250 per violation may be adjudged. A fine imposed under this subsection may not be suspended by the court. [PL 2005, c. 397, Pt. E, §14 (RPR).] B. A person who violates subsection 1 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2005, c. 397, Pt. E, §14 (RPR).] [PL 2005, c. 397, Pt. E, §14 (RPR).]

2-A. Class E crime. A person who violates subsection 1 after having been adjudicated of having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 627, §2 (NEW).]

3. Nonresident motorboat and personal watercraft lake and river protection sticker and resident and nonresident seaplane lake and river protection sticker; fee. No later than January 1st of each year, the commissioner shall provide the agents authorized to register watercraft or issue licenses with a sufficient quantity of lake and river protection stickers for motorboats and personal watercraft not registered in the State and for all seaplanes, whether or not registered in the State, for that boating season. The sticker must be in 2 parts so that one part of the sticker can be affixed to each side of the bow of a motorboat or personal watercraft or to each outside edge of a seaplane's pontoons. Prior to January 1, 2020, the fee for a sticker issued under this subsection is $20, $1 of which is retained by the agent who sold the sticker. Beginning January 1, 2020, the fee for a sticker issued under this subsection is $35, $1 of which is retained by the agent who sold the sticker. Beginning January 1, 2022, the fee for a sticker issued under this subsection is $45, $1 of which is retained by the agent who sold the sticker. Beginning January 1, 2025, the fee for a sticker issued under this subsection is $60, $1 of which is retained by the agent who sold the sticker. Beginning January 1, 2028, the fee for a sticker issued under this subsection is $75, $1 of which is retained by the agent who sold the sticker. The remainder of the fee is disposed of as follows: A. Prior to January 1, 2025, 80% must be credited to the Invasive Aquatic Plant and Nuisance Species Fund. Beginning January 1, 2025, 70% must be credited to the Invasive Aquatic Plant and Nuisance Species Fund; and [PL 2023, c. 612, §4 (AMD).] B. Prior to January 1, 2025, 20% must be credited to the Lake and River Protection Fund established within the department under section 10257 . Beginning January 1, 2025, 30% must be credited to the Lake and River Protection Fund. [PL 2023, c. 612, §4 (AMD).] A motorboat, personal watercraft or seaplane owned by the Federal Government, a state government or a municipality is exempt from the fee established in this subsection. [PL 2023, c. 612, §4 (AMD).]

4. Exemption. A motorboat, personal watercraft or seaplane operating on interstate waters shared with the State of New Hampshire is exempt from subsection 3 if it is displaying a lake and river protection sticker issued by the State of New Hampshire that is equivalent to the lake and river protection sticker issued by the State as long as the State of New Hampshire enacts legislation with substantially the same lake and river protection sticker requirements under this section giving a reciprocal exemption to a motorboat, personal watercraft or seaplane displaying the State's lake and river protection sticker. [PL 2019, c. 638, §3 (NEW).]

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. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 1 — ME Code / Title 12 / Part 1 / Chapter 1 / Section 1
12 §1. Short title
Status: in_force

This chapter may be known and cited as the "Soil and Water Conservation Districts Law." [RR 1993, c. 1, §32 (COR).]
12 M.R.S. § 10101 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10101
12 §10101. Appointment
Status: in_force

The commissioner is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and to confirmation by the Legislature. The commissioner serves at the pleasure of the Governor. Any candidate for the office of commissioner must have a record of demonstrated support for, and an understanding of, the basics of modern wildlife and fisheries management and have experience in hunting, fishing or trapping. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 6823 — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6823
12 §6823. Changing sea cucumber management areas
Status: in_force

This section applies if management areas are established pursuant to section 6814 . [PL 2005, c. 27, §4 (NEW).]

1. Authorization of changes. Beginning in calendar year 2007, a person eligible to purchase a sea cucumber drag license under section 6821 who wishes to change the management area in which the person harvests sea cucumbers may not change management areas unless the change is authorized by the commissioner in accordance with this section. [PL 2005, c. 27, §4 (NEW).]

2. Management area change request on application. A person eligible to purchase a sea cucumber drag license under section 6821 who wishes to change the management area in which that person was licensed to harvest sea cucumbers in the previous calendar year must indicate on a sea cucumber drag license application form a preference to change the management area in which the person harvests sea cucumbers. The commissioner shall stamp each sea cucumber drag license application form with the time and date of submission. [PL 2005, c. 27, §4 (NEW).]

3. Conditions for authorization. A request to change management areas is authorized based on the commissioner's assessment of the ability of the management area to sustain additional fishing effort. The commissioner shall authorize management area change requests in chronological order of requests received under this section. [PL 2005, c. 27, §4 (NEW).]

4. Limitation on approving management area change. The commissioner may not authorize a management area change during the period from October 1st to June 30th. [PL 2005, c. 27, §4 (NEW).]

5. Effective date of management area change. The effective date of a management area change authorized by the commissioner is October 1st. [PL 2005, c. 27, §4 (NEW).]
12 M.R.S. § 6034 — ME Code / Title 12 / Part 9 / Chapter 603 / Section 6034
12 §6034. Commercial Fishing Safety Council
Status: in_force

1. Appointment; composition. The Commercial Fishing Safety Council, referred to in this section as "the council" and established by Title 5, section 12004‑I, subsection 57‑E , consists of 9 members appointed by the commissioner as follows: A. One member who is a license holder under this Part and a member of the Lobster Advisory Council, recommended by the chair of the Lobster Advisory Council; [PL 2003, c. 90, §2 (NEW).] B. [PL 2011, c. 128, §1 (RP).] C. One member who is a license holder under this Part and a member of the Sea Urchin Zone Council or the Scallop Advisory Council, recommended by the chair of the Sea Urchin Zone Council or the Scallop Advisory Council; [PL 2011, c. 128, §1 (AMD).] D. Three members who are license holders under this Part and who represent commercial marine harvesting activities; [PL 2011, c. 128, §1 (AMD).] E. An educator experienced in community-based adult education and volunteer safety training or an expert in fishing industry risk analysis and occupational health; [PL 2011, c. 128, §1 (AMD).] F. [PL 2011, c. 128, §1 (RP).] G. An expert in marine safety equipment; [PL 2003, c. 90, §2 (NEW).] H. [PL 2011, c. 128, §1 (RP).] I. [PL 2011, c. 128, §1 (RP).] J. A spouse or domestic partner of a license holder under this Part; and [PL 2003, c. 90, §2 (NEW).] K. A member of the public. [PL 2003, c. 90, §2 (NEW).] The composition of the council must reflect a geographic distribution along the coast of the State. The council may invite to carry out the duties of the council other participants on an ad hoc basis, including representatives of private or governmental organizations or individuals with expertise or interest in marine, education, labor or health matters. [PL 2011, c. 128, §1 (AMD).]

2. Term. The term of an appointed member is 3 years, except a vacancy of a member before the expiration of the member's term must be filled in the same manner as the original member for the unexpired portion of the member's term. [PL 2011, c. 128, §2 (AMD).]

3. Officers. The officers of the council are the chair, vice-chair and secretary. The term of the officers is one year. The Governor shall appoint the first chair of the council. Except for the appointment of the original chair, the council shall elect a member of the council for each officer position at the first regular meeting of each year. The officers have the following duties: A. The chair shall call and preside at council meetings; [PL 2003, c. 90, §2 (NEW).] B. The vice-chair shall call and preside at council meetings when the chair is absent; and [PL 2003, c. 90, §2 (NEW).] C. The secretary shall record all meetings of the council and preserve these records. [PL 2003, c. 90, §2 (NEW).] [PL 2003, c. 90, §2 (NEW).]

4. Meetings. The council shall hold regular quarterly meetings and may hold special meetings with the commissioner or the commissioner's designee. A member of the council may participate and is deemed present at a meeting of the council or of a subcommittee of the council by telephone, electronically or by any other means by which all members participating in the meeting are able to communicate with each other. The council shall ensure adequate facilities for full attendance at council meetings by the public. [PL 2003, c. 90, §2 (NEW).]

5. Quorum. A quorum exists when a majority of the members of the council are present, either actually or pursuant to subsection 4 . [PL 2003, c. 90, §2 (NEW).]

6. Council actions. The council may act in the following ways: A. If a quorum is present, in person or pursuant to subsection 4 , by a majority vote of the members present or polled; or [PL 2003, c. 90, §2 (NEW).] B. If there is no meeting, by written poll of a quorum of members responding. [PL 2003, c. 90, §2 (NEW).] [PL 2003, c. 90, §2 (NEW).]

7. Duties. The council shall carry out duties specifically delegated to the council by law or by the commissioner and give the commissioner information and advice concerning fishing safety issues, including: A. Minimum safety equipment, training and operational standards; [PL 2003, c. 90, §2 (NEW).] B. Community-based education programs that provide practical safety training and fisheries-specific safety training; [PL 2003, c. 90, §2 (NEW).] C. An outreach program to promote the culture of safety; and [PL 2005, c. 505, §2 (AMD).] D. Opportunities to minimize the costs and seek alternative funding sources, fees, incentives, grants or partnerships to minimize the financial impact of safety requirements. [PL 2005, c. 505, §2 (AMD).] E. [PL 2005, c. 505, §2 (RP).] [PL 2005, c. 505, §2 (AMD).]

8. Report. [PL 2005, c. 505, §3 (RP).]

9. Compensation. Members of the council are entitled to compensation according to Title 5, chapter 379 . [PL 2007, c. 34, §2 (NEW).]
12 M.R.S. § 6821 — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6821
12 §6821. Limited entry
Status: in_force

1. License eligibility. The commissioner may not issue a sea cucumber drag license under section 6801-A to any person unless that person possessed that license in the previous calendar year or becomes eligible to obtain that license pursuant to a limited entry system under subsection 2 . [PL 2005, c. 27, §4 (NEW).]

2. Sea cucumber drag license limited entry system. The commissioner may establish by rule a limited entry system under which a person who did not hold a sea cucumber drag license under section 6801-A in the previous calendar year may become eligible to obtain that license. The rules for a limited entry system must include provisions for the method and administration of the system. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A . [PL 2005, c. 27, §4 (NEW).]

3. Exceptions. Notwithstanding subsection 1 , the following persons may be issued a sea cucumber drag license for license year 2006: A. A person who was certified as eligible for and obtained a sea cucumber endorsement in 2000; and [PL 2005, c. 27, §4 (NEW).] B. A person who reported landings of at least 100,000 pounds of sea cucumbers during license year 2002, 2003 or 2004. [PL 2005, c. 27, §4 (NEW).] [PL 2005, c. 27, §4 (NEW).]

4. Protection from depletion. The commissioner may adopt rules for the sea cucumber drag license limited entry system to prohibit new entry in a year when it is necessary to protect or conserve the sea cucumber resource from imminent depletion. [PL 2005, c. 27, §4 (NEW).]
12 M.R.S. § 12652 — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12652
12 §12652. Fishing with more than 2 lines
Status: in_force

1. Prohibition. Unless otherwise provided: A. A person may not fish with more than 2 lines at any one time during the open-water fishing season; and [PL 2009, c. 214, §8 (NEW).] B. A person may not fish during the open-water fishing season unless that person's fishing lines are under that person’s immediate supervision. [PL 2009, c. 214, §8 (NEW).] [PL 2009, c. 214, §8 (RPR).]

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, §276 (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, §276 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §276 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 10308 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10308
12 §10308. Maine Outdoor Heritage Fund Board
Status: in_force

The Maine Outdoor Heritage Fund Board is established within the department and shall carry out its duties in accordance with this section. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

1. Members. The board consists of 7 members. The commissioner, the Commissioner of Agriculture, Conservation and Forestry and the Coordinator of the Natural Areas Program are permanent members and their designees may represent them at board meetings. The Governor shall appoint the remaining 4 citizen members subject to the review of the joint standing committee of the Legislature having jurisdiction over natural resources matters and confirmation by the Senate. One of these members must be a representative of a state sportsmen's organization, one must be a representative of a state wildlife conservation organization and one must work in a field related to natural resources. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).]

2. Terms. The Governor shall appoint citizen members to staggered 4-year terms. Appointed citizens may not serve more than 2 consecutive 4-year terms. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. Chair. The Governor shall appoint a citizen member of the board to serve as chair. The chair may not serve more than 2 consecutive 4-year terms. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

4. Board meetings, rules and administration. The board shall conduct its meetings as follows. A. The board shall meet at least 3 times a year at the call of the chair. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. The board, acting in accordance with the Maine Administrative Procedure Act, may adopt any rules necessary for the conduct of its business. The board shall adopt by rule a schedule for submission and action on grant proposals submitted pursuant to subsection 5, paragraph B . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Appointed citizen members are entitled to compensation equal to legislative per diem and travel expenses under Title 5, section 12004‑G, subsection 29‑B while engaged in board activities. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] D. A quorum of the board for the transaction of business is 4 members. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] E. Board members are governed by the conflict of interest provisions in Title 5, section 18 . [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).]

5. Board functions. The board has the following functions. A. The board, in accordance with the rule-making provisions of the Maine Administrative Procedure Act and in consultation with natural resources agencies, shall adopt a strategic plan for each of the funding categories listed in section 10307 . The board may cooperate with other state or federal agencies in developing the plan or carrying out other functions under this subchapter. The strategic plan must identify the priority areas for funding for 6 years using the criteria listed in section 10309 . The board may amend the strategic plan. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. The board shall review and award annually funding requests for specific projects from natural resources agencies. The board may award grants only to proposals that conform to the strategic plan adopted pursuant to paragraph A . Grant proposals that establish a public-private partnership are encouraged. Grant proposals must include a stated purpose, a time line, potential outcomes, a budget and an explanation of need. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. The board shall submit an annual report to the Governor and the joint standing committees of the Legislature having jurisdiction over natural resources matters and inland fisheries and wildlife matters. In the annual report, the board shall detail expenditures made from the fund and the board's progress in implementing the strategic plan. [PL 2005, c. 397, Pt. E, §2 (AMD).] D. Responsibility for administration of the board lies with the chair. The board shall hire an executive director. The executive director may hire an additional staff person, if the board determines it necessary. The executive director directs the daily operation of the board. Staff positions may be part-time. The executive director position is unclassified and the executive director serves at the pleasure of the board. The board shall prepare and adopt an annual budget to be included with the report required under paragraph C . The board may obtain the services of consultants as necessary to carry out its functions under this subchapter. The board may spend money to cover administrative costs. The board shall endeavor to keep the level of administrative expenses as low as practicable and include, in its annual report, discussion of efforts to minimize administrative expenses. State natural resources agencies shall provide staff support and assistance as determined necessary by the board. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2005, c. 397, Pt. E, §2 (AMD).]
12 M.R.S. § 6402 — ME Code / Title 12 / Part 9 / Chapter 617 / Section 6402
12 §6402. Suspension or revocation based on conviction of molesting
Status: in_force

Notwithstanding section 6401, subsection 2 , the commissioner shall suspend the lobster and crab fishing license of a license holder or the nonresident lobster and crab landing permit of a permit holder convicted of violating section 6434 for not less than 2 years and not more than 6 years from the date of a first conviction and not less than 2 years and not more than 10 years from the date of a 2nd conviction. For a 3rd or subsequent conviction, the commissioner shall permanently revoke the person's license or permit. [PL 2017, c. 197, §5 (AMD).]

1. Convictions for cutting lobster trap lines. A person convicted under section 6434 of molesting lobster gear by cutting a lobster trap line shall, upon making full payment as ordered by the court under section 6434, subsection 4, paragraph A , provide the commissioner with proof of that payment. If the commissioner does not receive that proof within 3 years after the date of conviction, the commissioner shall continue that license suspension until such time as that proof is received. [PL 2017, c. 197, §5 (AMD).]
12 M.R.S. § 12503 — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12503
12 §12503. Permitted fishing without license
Status: in_force

1. Resident and nonresident under 16. A resident and nonresident under 16 years of age may fish without a license. [PL 2013, c. 380, §4 (AMD); PL 2013, c. 380, §5 (AFF).]

2. Land legally possessed by resident; domicile; 10 or more contiguous acres in size. Notwithstanding section 12501, subsection 1 and subject to all other applicable laws and rules, any resident and any member of the resident's immediate family, as long as the angler's license to fish is not under suspension or revocation, may fish without a license in open inland waters from land: A. To which they are legally entitled to possession; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. On which they are actually domiciled; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. [PL 2025, c. 126, §6 (RP).] D. That is 10 or more contiguous acres in size. [PL 2025, c. 126, §6 (NEW).] [PL 2025, c. 126, §6 (AMD).]

3. Free fishing days; limitations. The following 2 free fishing periods are established. No more than 2 free fishing periods may be established under this subsection. A. Except when Memorial Day falls on a Friday, the Saturday and the Sunday immediately following Memorial Day are designated "Family Fishing Days." If Memorial Day falls on a Friday, the Saturday and the Sunday subsequent to Memorial Day weekend are designated "Family Fishing Days." The days designated "Family Fishing Days" are free fishing days. [PL 2003, c. 662, §2 (NEW).] B. The Saturday and the Sunday immediately preceding Presidents' Day are free fishing days. [PL 2003, c. 662, §2 (NEW).] Notwithstanding section 12501 , it is lawful during a free fishing day established under this subsection for a person to fish without a license in inland waters, except that this subsection does not apply to a person whose license to fish is under suspension or revocation. All other provisions of this Part relating to fishing apply during a free fishing day. [RR 2003, c. 2, §21 (COR).]

4. Groups of students. The commissioner may permit student or youth groups to fish without licenses for periods of not more than 3 days as long as the fishing activity is conducted as part of an educational program and is under the direct supervision of a teacher or instructor. A. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §249 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).] B. A permit holder: (1) May not allow fishing to go on for more than 3 days; (2) May not allow any fishing activity that is not conducted as part of an educational program; and (3) Shall provide direct supervision. [PL 2003, c. 655, Pt. B, §249 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. The following penalties apply to violations of this subsection. (1) A permit holder who violates paragraph B 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 B after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. Each day a person violates paragraph B is a separate offense. [PL 2003, c. 655, Pt. B, §249 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2011, c. 533, §5 (AMD).]

5. Patients at Veterans Administration Hospital. The commissioner may permit inpatients at the Veterans Administration Hospital at Togus to fish without a license in the inland waters within a 25-mile radius of Togus. Patients not under the direct supervision of hospital staff or volunteer supervisors shall have in their possession while fishing a valid pass issued by the Veterans Administration Hospital. A. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §249 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).] B. An inpatient at the Veterans Administration Hospital at Togus permitted under this subsection: (1) May not fish beyond a 25-mile radius of Togus; and (2) Shall have supervision while fishing or have in that inpatient's possession a valid pass issued by the hospital. [PL 2003, c. 655, Pt. B, §249 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. The following penalties apply to violations of this subsection. (1) A person who violates paragraph B 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 B after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. Each day a person violates paragraph B is a separate offense. [PL 2003, c. 655, Pt. B, §249 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §249 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

6. Fishing during event sanctioned by department. A person who does not hold a fishing license may assist a child or a person who is disabled who is a participant in a fishing event sanctioned by the department. [PL 2021, c. 348, §16 (AMD).]
12 M.R.S. § 11154 — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11154
12 §11154. Moose permit
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Permit required. Except as otherwise provided in this Part, a person may not hunt or possess a moose unless that person has a valid permit issued under this section. A person without a moose permit may possess moose parts lawfully sold under section 11217, subsection 2, paragraph D . A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §125 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Issuance of moose hunting permits. In accordance with section 11552 , the commissioner may issue moose hunting permits and may establish the number of moose hunting permits to be issued for each wildlife management district established by the commissioner by rule open to moose hunting. No more than 8% of the moose hunting permits may be issued to nonresidents. No more than 2% of the moose hunting permits may be issued to hunting outfitters in accordance with subsection 14 . [PL 2021, c. 184, §3 (RPR).]

3. Moose hunting permit fee. The fee for a moose hunting permit is $52 for a resident and $585 for a nonresident. [PL 2017, c. 427, §12 (AMD); PL 2017, c. 427, §19 (AFF).]

4. Hunting license required. While hunting moose, the permittee and the subpermittee shall each have in that person's possession a valid Maine resident or nonresident hunting or archery hunting license, whichever is applicable. 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 2017, c. 427, §13 (AMD); PL 2017, c. 427, §19 (AFF).]

5. (TEXT EFFECTIVE UNTIL 1/01/26) Eligibility. Except as provided in this subsection, a resident or nonresident who is eligible to obtain a Maine hunting license or who will be eligible to obtain a Maine hunting license by the opening day of the open moose season is eligible to apply for a moose hunting permit. A person who has obtained a moose hunting permit is ineligible to obtain another permit until the 4th calendar year after the issuance of the last permit. This limitation does not apply to subpermittees under subsection 7 . A person under 10 years of age on the opening day of the open moose season is eligible to apply for a moose hunting permit and may accrue points under subsection 8 but is ineligible to receive a moose hunting permit. [PL 2017, c. 427, §14 (RPR); PL 2017, c. 427, §19 (AFF).]

5. (TEXT EFFECTIVE 1/01/26) Eligibility. Except as provided in this subsection, a resident or nonresident who is eligible to obtain a Maine hunting license or who will be eligible to obtain a Maine hunting license by the opening day of the open moose season is eligible to apply for a moose hunting permit. A person who has obtained a moose hunting permit is ineligible to obtain another permit until the 4th calendar year after the issuance of the last permit. This limitation does not apply to subpermittees under subsection 7 or transferors and transferees under subsection 16 . A person under 10 years of age on the opening day of the open moose season is eligible to apply for a moose hunting permit and may accrue points under subsection 8 but is ineligible to receive a moose hunting permit. [PL 2025, c. 289, §1 (AMD); PL 2025, c. 289, §3 (AFF).]

6. Application procedure. An eligible person wishing to apply for a permit must file an application for a permit on a form furnished by the commissioner. The application fee is nonrefundable. A person may not file more than one application. A person who submits more than one application is disqualified from the selection of permittees. The application must be accompanied by an application fee of: A. For a resident: (1) Fifteen dollars for a one-chance application; or [PL 2011, c. 370, §6 (AMD).] B. For a nonresident: (1) Fifteen dollars for a one-chance application; (2) Twenty-five dollars for a 3-chance application; (3) Thirty-five dollars for a 6-chance application; and (4) Fifty-five dollars for a 10-chance application; multiple 10-chance options may be purchased. [PL 2005, c. 12, Pt. III, §10 (AMD).] A clerk or agent appointed by the commissioner under section 10801 may process an application under this subsection. The clerk or agent shall charge a fee of $2 for each application under this subsection processed by that clerk or agent. The commissioner shall allow an applicant to indicate that that applicant does not want to receive a moose permit pursuant to the application but wishes to receive the corresponding points under subsection 8 for that application. [PL 2025, c. 132, §4 (AMD).]

7. Subpermittees. An applicant for a moose permit may indicate on the application filed pursuant to subsection 6 the name of a subpermittee-designate and the name of an alternate subpermittee-designate. A person under 10 years of age on the opening day of the open moose season may not be a subpermittee-designate or alternate subpermittee-designate. If the applicant is issued a moose permit under subsection 9 and upon application to the commissioner, the permittee may change that person's subpermittee-designate or alternate subpermittee-designate until 30 days prior to the start of the moose hunting season for which the permit was issued. Thirty days prior to the start of the applicable moose hunting season, the subpermittee-designate becomes a subpermittee. The permittee may authorize the subpermittee to participate in the moose hunt with the permittee. The permittee may authorize the alternate subpermittee-designate to participate in the hunt in place of the subpermittee-designate if the permittee notifies the department of the authorization at least 5 business days prior to the first day of the moose season, in which case the alternate subpermittee-designate becomes the subpermittee. The permittee may choose not to authorize a subpermittee to participate in the hunt. A. A person may not sell a subpermittee or an alternate subpermittee designation. [PL 2011, c. 370, §7 (NEW).] B. A person who violates paragraph A commits a Class E crime. [PL 2011, c. 370, §7 (NEW).] [PL 2017, c. 96, §2 (AMD).]

8. Point system for public chance drawing. A person accumulates points as follows for each consecutive year that person purchases an application for a moose hunting permit but is not selected to receive a permit: A. One point each year for the first 5 years; [PL 2011, c. 370, §8 (NEW).] B. Two points each year for years 6 to 10; [PL 2011, c. 370, §8 (NEW).] C. Three points each year for years 11 to 15; and [PL 2011, c. 370, §8 (NEW).] D. Ten points each year after the 15th year. [PL 2011, c. 370, §8 (NEW).] Each point entitles an applicant to one chance in the public chance drawing. A person's accumulated points are eliminated and that person begins to accumulate points anew if in any year that person is selected to receive a moose hunting permit or if that person fails to purchase a new chance in any 2 consecutive years. A person who is ineligible to receive a moose hunting permit as provided in subsection 5 may continue to purchase points for each year that person is ineligible to receive a moose hunting permit for the corresponding application fee under subsection 6 . [PL 2011, c. 370, §8 (RPR).]

9. Selection procedure. Permittees are selected by a public chance drawing, except that a permit must be issued to any resident who is 65 years of age or older or will attain 65 years of age during the calendar year in which the resident is applying for the permit, who has accumulated at least 30 points pursuant to subsection 8 and who applies for and is otherwise eligible to obtain the permit. [PL 2017, c. 76, §1 (AMD).]

9-A. Permits in road safety management areas. [PL 2021, c. 184, §4 (RP).]

10. Questionnaire. [PL 2021, c. 184, §5 (RP).]

11. Auction of moose hunting permits to fund youth conservation education programs. Notwithstanding subsection 1 , the commissioner may issue not more than 10 moose hunting permits each year through public auction in accordance with this subsection. A. Each moose hunting permit issued under this subsection must be awarded through public auction to the applicant who submits the highest bid. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. A person who applies for a moose hunting permit under this subsection is subject to the eligibility provisions of subsection 5 , except that a successful applicant is not required to wait 3 years in order to obtain another permit. [PL 2011, c. 370, §9 (AMD).] C. An eligible person wishing to apply for a permit under this subsection must submit a written application in such form as the commissioner may require. The application must be accompanied by a bidding fee of $25, which, except as otherwise provided in paragraph D , is nonrefundable. The commissioner may waive the requirements of this paragraph when, as provided in paragraph G , the commissioner enters into a contract with a conservation organization to auction the permits. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §128 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).] D. An eligible person may apply for a moose hunting permit both through the public chance drawing and in accordance with this subsection. If a person is selected to receive a moose hunting permit as a result of the public chance drawing, that person is no longer eligible to obtain a permit under this subsection and the bidding fee submitted by that person must be refunded. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] E. A moose hunting permit issued under this subsection is valid in the district designated by the permittee. This designation must be made within 30 days after the permit is awarded. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] F. A person who is awarded a moose hunting permit under this subsection may select a subpermittee to participate in the moose hunt as provided in subsection 7 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] G. The commissioner may enter into a contract with a conservation organization whose goals and objectives are not inconsistent with those of the department to advertise this process of issuing permits, auction the permits and collect revenues. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] H. Except as otherwise provided, the provisions of this Part relating to moose are applicable to the hunting of moose with a permit awarded under this subsection. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] I. The commissioner may adopt rules necessary for the proper administration, implementation, enforcement and interpretation of this subsection. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §129 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).] J. Notwithstanding this subsection, the total number of moose hunting permits issued each year must be in accordance with section 11552, subsection 2 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] K. The commissioner may decline to issue any permit or any number of permits issuable pursuant to this subsection if, in the commissioner's opinion, the auction bids received do not reflect the public value anticipated to meet the goals of this subsection. Any permit or permits not issued under this subsection must be drawn in the public chance drawing pursuant to subsection 9 . [PL 2007, c. 161, §1 (NEW).] [PL 2011, c. 370, §9 (AMD).]

12. Persons in armed forces called to serve in armed conflict. A person who is issued a moose permit under this section and who is subsequently called to active duty in the Armed Forces of the United States to serve in an armed conflict and is unable to use the permit is entitled to use the same permit during the next appropriate season following that person's return to the State. Permits used under this subsection do not affect the number of permits that may be issued by the commissioner under this section. For purposes of this subsection, "armed conflict" means any military action in which participants are exposed to war-risk hazards as defined in 42 United States Code, Section 1711(b). [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

13. Hunting adventure permits for children. Notwithstanding subsection 6 , the commissioner may issue 5 moose permits to a nonprofit organization or organizations dedicated to providing hunting and fishing adventures to children under 21 years of age with life-threatening, critical or terminal illnesses. At least 3 of the permits issued under this subsection must be issued to an eligible nonprofit organization based in the State, and a child who receives a permit from that organization must be a resident. The commissioner may issue these permits upon written request by an eligible nonprofit organization or organizations but may not issue more than 5 permits in total for a calendar year. These permits are in addition to the moose hunting permits issued under subsection 2 for each wildlife management district and are at no cost to the organization. [PL 2023, c. 526, §1 (AMD).]

14. Permits for hunting lodges. Moose hunting permits issued to hunting outfitters must be allocated through a chance drawing separate from the chance drawing under subsection 9 . The fee for a moose hunting permit under this subsection is $1,500. A. For the purposes of this subsection, "hunting outfitter" means a person who operates a sporting camp as defined under Title 22, section 2491, subsection 11 that is licensed under Title 22, chapter 562 and who provides package deals that include food, lodging and the services of a guide licensed under chapter 927 for the purpose of hunting. [PL 2013, c. 538, §24 (NEW).] B. A hunting outfitter may sell or transfer a permit allocated under this subsection only once, only to a hunter who is eligible under paragraph F and only under the following conditions: (1) The sale or transfer must be part of a package deal that includes the food and lodging to be provided by the hunting outfitter to the person receiving the permit; (2) The person receiving the permit from the hunting outfitter must be accompanied during the hunt by a guide licensed under chapter 927 ; (3) The hunting outfitter must notify the department of the identity of the person receiving the permit; and (4) The hunting permit may not be sold or transferred by the hunter. [PL 2013, c. 538, §24 (NEW).] C. A hunting outfitter may be allocated more than one permit. [PL 2013, c. 538, §24 (NEW).] D. A permit allocated under this subsection may be used only for the year, season, sex and wildlife management district for which the permit is issued. [PL 2013, c. 538, §24 (NEW).] E. Permits allocated under this subsection may not exceed 10% of the total permits issued per year for each season, sex and wildlife management district permit type. [PL 2013, c. 538, §24 (NEW).] F. An individual may hunt with a permit sold or transferred under this subsection only if that individual is otherwise eligible to obtain and hunt with a permit under subsection 5 . [PL 2013, c. 538, §24 (NEW).] G. If proceeds in any year from the auction authorized under subsection 11 are less than $107,000, proceeds from the sale of moose permits to hunting outfitters pursuant to this subsection must be used to fund youth conservation education programs as provided under subsection 11 up to $107,000. The remainder must be deposited in the Moose Research and Management Fund under section 10263 . [PL 2017, c. 458, §2 (AMD).] [PL 2017, c. 458, §2 (AMD).]

15. Moose permit transfer; family members. The commissioner, in cases involving exceptional extenuating circumstances as determined by the commissioner, may authorize a person who holds a valid moose permit to transfer that permit to a family member who meets the eligibility and permit requirements under this section and who is not otherwise prohibited from holding the moose permit, except that the commissioner shall transfer a moose permit to a family member who meets the eligibility and permit requirements under this section and who is not otherwise prohibited from holding the moose permit if the permit holder dies at any time prior to or during the moose hunting season if a moose has not yet been harvested under that permit. A transferor and a transferee are subject to the elimination of any accumulated points under subsection 8 and the 3-year ineligibility period under subsection 5 . For purposes of this subsection, "family member" means the transferor's spouse, domestic partner, child, stepchild, grandchild, parent, grandparent, stepparent, sibling or stepgrandchild; the transferor's sibling's child; the transferor's spouse's sibling's child; or the transferor's parent's sibling or that sibling's spouse. The commissioner shall adopt rules to implement this subsection and may establish a transfer fee to recover administrative costs associated with transferring moose permits. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 126, §2 (AMD).]

16. (TEXT EFFECTIVE UNTIL 1/01/26) Moose permit transfer; disabled veterans. A person who holds a valid moose permit may transfer, in accordance with this subsection, that permit to a disabled veteran who meets the eligibility and permit requirements under this section and section 10853, subsection 4 and who is not otherwise prohibited from holding a moose permit. The commissioner may authorize a permit holder to transfer the moose permit to a disabled veteran identified by the permit holder or the permit holder may return the permit to the department, which, in accordance with rules adopted by the commissioner, shall provide for the transfer of the permit to a disabled veteran. A transferor and a transferee of the permit are subject to the elimination of any accumulated points under subsection 8 and the 3-year ineligibility period under subsection 5 . Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 191, §1 (NEW).]

16. (TEXT EFFECTIVE 1/01/26) Moose permit transfer; disabled veterans. A person who holds a valid moose permit may transfer, in accordance with this subsection, that permit to a disabled veteran who meets the eligibility and permit requirements under this section and section 10853, subsection 4 and who is not otherwise prohibited from holding a moose permit. The commissioner may authorize a permit holder to transfer the moose permit to a disabled veteran identified by the permit holder or the permit holder may return the permit to the department, which, in accordance with rules adopted by the commissioner, shall provide for the transfer of the permit to a disabled veteran. A transferor and a transferee of the permit are subject to the elimination of any accumulated points under subsection 8 . Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 289, §2 (AMD); PL 2025, c. 289, §3 (AFF).]

17. Moose permit deferment; significant medical illness. The commissioner may authorize a person who holds a valid moose permit to defer the permit until the next moose hunting season in circumstances in which the permit holder or an immediate family member, as defined in subsection 15 , of the permit holder has a significant medical illness that would prevent the permit holder from participating in the moose hunt. [PL 2019, c. 638, §2 (NEW).]

18. Moose permit deferment; multiple permits in single household. The commissioner may authorize a person who holds a valid moose permit to defer the permit until the next moose hunting season in circumstances in which a member of that permit holder's household also holds a valid moose permit for the same hunting season. For the purposes of this subsection, members of a household are limited to a spouse, domestic partner, grandparent, parent, stepparent, child, stepchild, grandchild, sibling and stepgrandchild sharing the same legal address. Under this subsection, the person is ineligible to be selected for another moose permit in accordance with subsection 5 beginning in the calendar year that the person uses a permit deferred. For the purposes of this subsection, "next moose hunting season" means the moose hunting season in the calendar year immediately following a person's selection under subsection 9 . [PL 2025, c. 126, §3 (AMD).]
12 M.R.S. § 9327 — ME Code / Title 12 / Part 11 / Chapter 807 / Section 9327
12 §9327. Private party burn permit software
Status: in_force

The Director of the Bureau of Forestry shall allow a municipality to use burn permit software acquired from a private party to establish a publicly accessible online system to issue a permit to burn pursuant to section 9325 if the issuance of a permit to burn using the private party burn permit software is in accordance with the criteria in section 9321 . [PL 2017, c. 449, §4 (NEW).]

1. Approval. The Director of the Bureau of Forestry shall approve private party burn permit software within 10 business days after a vendor or owner of a private party burn permit software system submits a request for review of the software to the director if the software submitted meets the requirements of this section and there are fewer than 2 private party burn permit software programs approved and in use pursuant to this section. [PL 2017, c. 449, §4 (NEW).]

2. Limit on private party burn permit software. No more than 2 private party burn permit software programs may be approved and in operation in the State. [PL 2017, c. 449, §4 (NEW).]

3. Notification. If the Director of the Bureau of Forestry does not approve the private party burn permit software that has been submitted for review under subsection 1 , the director shall notify the vendor or owner of the private party burn permit software in writing of the reasons why the software has not been approved. [PL 2017, c. 449, §4 (NEW).]

4. Appeal. A denial of approval of a private party burn permit software system is a final agency action that may be appealed in accordance with Title 5, chapter 375, subchapter 7 . [PL 2017, c. 449, §4 (NEW).]

5. Fee. If a person uses private party burn permit software to apply for a permit to burn, that person may not be charged a fee for the permit. [PL 2017, c. 449, §4 (NEW).]

6. Private party burn permit software charge. A vendor or owner of a private party burn permit software system may charge a municipality for use of private party burn permit software approved under subsection 1 . [PL 2021, c. 414, §2 (AMD).]

7. Application for burn permit not using private party burn permit software. A person may not be required to apply for a permit to burn using private party burn permit software, but may apply as otherwise provided in this article. [PL 2017, c. 449, §4 (NEW).]

8. Rules. The Director of the Bureau of Forestry may adopt rules relating to private party burn permit software requirements. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 449, §4 (NEW).]
12 M.R.S. § 13066 — ME Code / Title 12 / Part 13 / Chapter 935 / Section 13066
12 §13066. Displaying excise tax decal and maintaining list
Status: in_force

1. Failure to display excise tax decal. The owner of a watercraft shall display the excise tax decal, as required by Title 36, chapter 112 . In all cases when the owner of a watercraft fails to display an excise tax decal as required under Title 36, chapter 112 , the law enforcement officer discovering the failure shall notify the tax collector of the owner's residence or, in the case of nonresidents, partnerships or corporations, foreign or domestic, the tax collector of the municipality where the watercraft is principally moored, docked or located or has its established base of operations. A. A person who fails to display an excise tax decal in accordance with this subsection commits a civil violation for which a fine of not less than $25 nor more than $250 may be adjudged, which must be paid to the municipality in which the watercraft is subject to the excise tax. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §377 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).] B. A person who fails to display an excise tax decal in accordance with 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. Any fine imposed as part of the sentencing alternative must be paid to the municipality in which the watercraft is subject to the excise tax. [PL 2003, c. 655, Pt. B, §377 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §377 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Failure to maintain list or make list available. A marina or boatyard owner shall maintain the list required by Title 36, section 1504, subsection 9 , and make that list available as required by that section. A. A person who violates this subsection commits a civil violation for which a fine of not less than $25 nor more than $250 may be adjudged. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §377 (AMD); 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, §377 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §377 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 6421 — ME Code / Title 12 / Part 9 / Chapter 619 / Section 6421
12 §6421. Lobster and crab fishing licenses
Status: in_force

1. License required. A person may not engage in the activities authorized under this section without a current: A. Class I lobster and crab fishing license; [PL 2003, c. 452, Pt. F, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Class II lobster and crab fishing license; [PL 2003, c. 452, Pt. F, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Class III lobster and crab fishing license; [PL 2003, c. 452, Pt. F, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] D. Apprentice lobster and crab fishing license; [PL 2003, c. 452, Pt. F, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] E. Student lobster and crab fishing license; [PL 2003, c. 452, Pt. F, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] F. Noncommercial lobster and crab fishing license; [PL 2007, c. 201, §4 (AMD).] F-1. Nonresident lobster and crab landing permit; or [PL 2007, c. 201, §5 (NEW).] G. Other license issued under this Part authorizing the activities. [PL 2003, c. 452, Pt. F, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2007, c. 201, §§4, 5 (AMD).]

2. Licensed activity. The holder of a Class I, Class II, Class III, apprentice or student lobster and crab fishing license may fish for, take, possess, ship or transport within the State lobsters or crabs and sell lobsters or crabs the license holder has taken. The license does not authorize the license holder to remove lobster meat from the shell or to take, possess, transport or ship lobster parts or meat. The holder of a Class II or Class III license is liable for the licensed activities under this subsection of all unlicensed crew members assisting that licensee. [PL 1995, c. 568, §1 (AMD).]

2-A. Licensed activity; noncommercial license. The holder of a noncommercial lobster and crab fishing license may fish for, take, possess, ship or transport within the State lobsters or crabs the license holder has taken. The license does not authorize the license holder to sell lobsters or to remove lobster meat from the shell or to take, possess, transport or ship lobster parts or meat. [PL 1995, c. 568, §1 (NEW).]

2-B. Licensed activity; nonresident lobster and crab landing permit. The holder of a nonresident lobster and crab landing permit may possess, transport and sell within the State lobsters or crabs the license holder has taken from outside Maine's territorial waters. The permit does not authorize the permit holder to remove lobster meat from the shell or to take, possess, transport or ship lobster parts or meat. [PL 2007, c. 201, §6 (NEW).]

3. License limitation. [PL 1989, c. 455, §2 (RP).]

3-A. License limitation. A license authorizes activities by individuals as follows. A. A Class I license authorizes the licensed activities under subsection 2 by the individual who is named in the license. Any individual assisting or helping a Class I license holder in these activities must also be licensed. [PL 1995, c. 568, §1 (AMD).] B. A Class II license authorizes the license holder to engage in the licensed activities under subsection 2 . A Class II license holder may engage one unlicensed crew member to assist in the licensed activities under the direct supervision of the Class II license holder, except as provided in section 6445‑A . [PL 2013, c. 282, §3 (AMD).] C. A Class III license authorizes the license holder to engage in the licensed activities under subsection 2 . A Class III license holder may engage 4 unlicensed crew members to assist in the licensed activities under the direct supervision of the Class III license holder, except as provided in section 6445‑A . [PL 2019, c. 259, §1 (AMD).] D. An apprentice lobster and crab fishing license authorizes the apprentice so licensed to engage in the licensed activities under subsection 2 on that apprentice's sponsor's vessel when the apprentice's sponsor is on board the vessel. A person who holds an apprentice lobster and crab fishing license may not tend any traps unless the traps are fished by the sponsor of the apprentice so licensed. An applicant for an apprentice lobster and crab fishing license may designate up to 3 sponsors. For the purpose of this paragraph, "apprentice's sponsor" means a person who holds a Class I, Class II or Class III lobster and crab fishing license issued under this section. [PL 1999, c. 490, §1 (AMD).] E. A student license authorizes the license holder to engage in the licensed activities under subsection 2 . A student license may be issued only to a person who, at the time of application, is 8 years of age or older and under 23 years of age. Except as provided in section 6477 , a person issued a student license may not submerge more than: (1) Ten lobster traps in the coastal waters of the State if the person is 8 years of age or older and under 11 years of age; (2) Fifty lobster traps in the coastal waters of the State if the person is 11 years of age or older and under 14 years of age; or (3) One hundred and fifty lobster traps in the coastal waters of the State if the person is 14 years of age or older and under 23 years of age. A person issued a student license is enrolled in the apprentice program under section 6422 . When applying for a license the person must designate a sponsor and may designate up to 3 sponsors. For the purposes of this paragraph, "sponsor" means a person who holds a Class I, Class II or Class III lobster and crab fishing license issued under this section. [PL 2019, c. 210, §1 (AMD).] F. A noncommercial lobster and crab fishing license authorizes the license holder to engage in the licensed activities under subsection 2‑A . A person issued a noncommercial lobster and crab fishing license may not submerge at any one time more than 5 lobster traps in the coastal waters of the State. At the time a noncommercial lobster and crab fishing license is issued or renewed, the applicant or license holder shall declare the vessel that will be used to conduct lobster and crab fishing activities under that license. The license holder's trap tags are allocated to that vessel, pursuant to the license. The department is not authorized to issue more than 10 noncommercial trap tags to the declared vessel, regardless of the number of noncommercial license holders fishing from that vessel. [PL 2003, c. 466, §1 (AMD); PL 2003, c. 466, §5 (AFF).] [PL 2019, c. 210, §1 (AMD); PL 2019, c. 259, §1 (AMD).]

4. Exception. A license is not required for a person: A. To take or catch crabs with bare hands or hook and line; or [PL 2009, c. 78, §1 (NEW).] B. Who is issued a commercial fishing license under section 6501 to take, possess and sell crabs that have been taken as bycatch while using an otter trawl within the exclusive economic zone as shown on the most recently published Federal Government nautical chart. Crabs taken by otter trawl within the territorial waters must be liberated alive immediately. [PL 2009, c. 78, §1 (NEW).] [PL 2011, c. 5, §1 (AMD).]

5. Eligibility. A noncommercial or student lobster and crab fishing license may only be issued to an individual who is a resident. A Class I, Class II or Class III license may be issued to a person 17 years of age or older only if the person: A. Possessed a Class I, Class II or Class III lobster and crab fishing license in the previous calendar year; [PL 2009, c. 188, §2 (AMD); PL 2009, c. 188, §3 (AFF).] B. [PL 1997, c. 250, §2 (RP); PL 1997, c. 250, §10 (AFF).] C. Meets the requirements of the apprentice program under section 6422 ; or [PL 2011, c. 486, §1 (AMD).] D. Did not possess a Class I, Class II or Class III lobster and crab fishing license in the previous calendar year because the commissioner had suspended the person's license privileges for a length of time that included the previous calendar year. [RR 2001, c. 2, Pt. A, §15 (COR).] E. [PL 1997, c. 250, §4 (RP); PL 1997, c. 250, §10 (AFF).] F. [PL 1999, c. 658, §1 (RP).] G. [PL 1997, c. 250, §6 (RP); PL 1997, c. 250, §10 (AFF).] H. [PL 1999, c. 397, §3 (NEW); MRSA T. 12 §6421, sub-§5, ¶H (RP).] Notwithstanding the age requirements of this subsection, a person who holds a Class I, Class II or Class III license on December 31, 2007 may continue to be issued a Class I, Class II or Class III license provided that person continues to meet the requirements of paragraph A . [PL 2011, c. 486, §1 (AMD).]

5-A. Student lobster and crab fishing license eligibility. A student lobster and crab fishing license may be issued to a person who, at the time of application, is 8 years of age or older and under 23 years of age and who is: A. Attending a public day school in accordance with the attendance requirement of Title 20‑A, section 5001‑A, subsection 1 ; [PL 2015, c. 428, §1 (RPR).] B. Meeting the requirements of an alternative to attendance at a public day school in accordance with Title 20‑A, section 5001‑A, subsection 3 ; or [PL 2015, c. 428, §1 (RPR).] C. Enrolled in and meeting the requirements of a half-time course of study at a postsecondary institution accredited by a state-recognized accrediting agency or body. [PL 2015, c. 428, §1 (RPR).] A person may not be considered to have ceased to be a student during any interim between school years if the interim does not exceed 6 months and if it is shown that the person has a bona fide intention of continuing to pursue a half-time course of study during the semester or other enrollment period immediately following the interim period. For purposes of this subsection, "half-time course of study" means at least 50% of the usual course load for the program in which the person is enrolled. The commissioner may revoke a student lobster and crab fishing license of an individual who has ceased to meet the requirements of this subsection. [PL 2015, c. 428, §1 (RPR).]

5-B. Noncommercial lobster and crab fishing license eligibility. Beginning with license year 2003, a noncommercial lobster and crab fishing license may be issued only to a person who, at the time of application, is 8 years of age or older and has: A. Successfully completed a lobster and crab fishing written examination, as provided in section 6423 ; or [PL 2001, c. 581, §1 (NEW).] B. Held a Class I, Class II or Class III lobster and crab fishing license and has landed lobster under that license. [PL 2001, c. 581, §1 (NEW).] Once a person successfully completes the examination, that person need not repeat the examination to renew the license. [PL 2003, c. 468, §3 (AMD).]

5-C. Apprentice lobster and crab fishing license eligibility. An apprentice lobster and crab fishing license may be issued only to a person who, at the time of application, is 8 years of age or older. [PL 2003, c. 468, §4 (NEW).]

5-D. Nonresident lobster and crab landing permit eligibility. A nonresident lobster and crab landing permit may be issued only to an individual who: A. Does not meet the resident provisions under section 6301, subsection 1 ; [PL 2007, c. 201, §7 (NEW).] B. Possesses a valid federal lobster permit or a valid lobster fishing license from a state other than this State; [PL 2019, c. 225, §7 (AMD).] C. Except as authorized under subsection 5‑E , does not operate a lobster and crab fishing vessel with an established base of operations in this State; and [PL 2019, c. 225, §8 (AMD).] D. [PL 2011, c. 266, Pt. A, §7 (RP).] E. Has not had that individual's lobster fishing license or right to obtain a lobster fishing license suspended in this State or in another state. [PL 2019, c. 225, §9 (NEW).] [PL 2019, c. 225, §§7-9 (AMD).]

5-E. Exception; nonresident lobster and crab landing permit with an established base of operations in State. An individual may be excepted from subsection 5‑D, paragraph C as long as the individual submits documentation to the commissioner by December 31, 2011 that the individual operated a lobster and crab fishing vessel with an established base of operations in the State as a nonresident in calendar years 2010 and 2011. Documentation must include at a minimum proof of lobster landings at a Maine dealer, proof of utilization of a mooring or dock in a Maine harbor for a sufficient time to meet the requirements to be an established base of operations in this State pursuant to section 6001, subsection 13‑I , proof that the individual possessed a valid federal lobster permit or a valid lobster fishing license from a state other than this State and proof that the individual did not meet the resident provisions under section 6301, subsection 1 . [PL 2011, c. 266, Pt. A, §8 (AMD).]

6. Buoy colors. Each license applicant must describe, on the application, a single color design of the applicant's buoys. [PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 528, Pt. T, §1 (AMD); PL 1991, c. 591, Pt. T, §1 (AMD).]

7. Fee. [PL 1989, c. 455, §2 (RP).]

7-A. Fee. [PL 2017, c. 284, Pt. EEEEE, §2 (RP).]

7-B. License fee. The fee for a lobster and crab fishing license is: A. For a resident Class I license for applicants under 18 years of age, $60; [PL 2017, c. 320, §1 (AMD).] B. For a resident Class I license for applicants 18 years of age or older and under 70 years of age, $125.75; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] C. For a resident Class I license for applicants 70 years of age or older, $61; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] D. For a nonresident Class I license for applicants under 18 years of age, $357; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] E. For a nonresident Class I license for applicants 18 years of age or older, $730.75; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] F. For a resident Class II license for applicants under 70 years of age, $252.50; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] G. For a nonresident Class II license, $1,467.50; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] H. For a resident Class II license for applicants 70 years of age or older, $126; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] I. For a resident Class III license for applicants under 70 years of age, $377.25; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] J. For a resident Class III license for applicants 70 years of age or older, $183; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] K. For a nonresident Class III license, $2,189.25; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] L. For a resident apprentice lobster and crab fishing license for applicants under 18 years of age, $60; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] M. For a resident apprentice lobster and crab fishing license for applicants 18 years of age or older, $122; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] N. For a nonresident apprentice lobster and crab fishing license for applicants under 18 years of age, $357; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] O. For a nonresident apprentice lobster and crab fishing license for applicants 18 years of age or older, $725; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] P. For a student lobster and crab fishing license, $60; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] Q. For a noncommercial lobster and crab fishing license, $60, except as provided in subsection 7‑D ; and [PL 2019, c. 575, §1 (AMD).] R. For a nonresident lobster and crab landing permit, $590.25. [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] [PL 2019, c. 575, §1 (AMD).]

7-C. License surcharge. In addition to the license fee established in subsection 7‑B , the commissioner shall assess a surcharge on each license issued under this section as follows: A. For a resident Class I license for applicants under 18 years of age, resident Class I license for applicants 70 years of age or older, resident apprentice license for applicants under 18 years of age, resident apprentice license for applicants 70 years of age or older, student lobster and crab fishing license or noncommercial lobster and crab fishing license, $5; [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] B. For a resident Class I license for applicants 18 years of age or older and under 70 years of age, resident Class II license for applicants 70 years of age or older or resident apprentice license for applicants 18 years of age or older, $10; [PL 2017, c. 320, §2 (AMD).] C. For a resident Class II license for applicants under 70 years of age or resident Class III license for applicants 70 years of age or older, $20; [PL 2017, c. 320, §2 (AMD).] D. For a resident Class III license for applicants under 70 years of age, nonresident Class I license for applicants under 18 years of age or nonresident apprentice license for applicants under 18 years of age, $30; [PL 2017, c. 320, §2 (AMD).] E. For a nonresident Class I license for applicants 18 years of age or older or nonresident apprentice license for applicants 18 years of age or older, $60; [PL 2017, c. 320, §2 (AMD).] F. For a nonresident Class II license, $120; and [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] G. For a nonresident Class III license, $180. [PL 2017, c. 284, Pt. EEEEE, §3 (NEW).] The surcharge fees collected under this subsection must be deposited in the Lobster Fund established under section 6451 . [PL 2017, c. 320, §2 (AMD).]

7-D. Qualified resident disabled veteran; fee waived. Notwithstanding subsection 7‑B , there is no fee for a noncommercial lobster and crab fishing license issued to a qualified resident disabled veteran. For the purposes of this subsection, "qualified resident disabled veteran" means a person who: A. Was honorably discharged from the Armed Forces of the United States, the National Guard or the Reserves of the United States Armed Forces; [PL 2019, c. 575, §2 (NEW).] B. Has a service-connected disability evaluated at 50% or more; and [PL 2019, c. 575, §2 (NEW).] C. Is a resident of the State. [PL 2019, c. 575, §2 (NEW).] In order to receive a noncommercial lobster and crab fishing license at no cost, an applicant must provide satisfactory evidence that the applicant is a qualified resident disabled veteran. [PL 2019, c. 575, §2 (NEW).]

8. Exception. [PL 2017, c. 284, Pt. EEEEE, §4 (RP).]

9. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. [PL 2001, c. 421, Pt. B, §21 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).]
12 M.R.S. § 10324 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10324
12 §10324. ATV Enforcement Grant Review Committee
Status: in_force

The grant committee is organized within the department and must carry out its duties in accordance with this section. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).]

1. Members. The grant committee consists of 9 members as follows: A. Three ex officio members or their designees: (1) The Game Warden Colonel; (2) The Chief of the Maine State Police; and (3) The Director of the forest protection unit, Maine Forest Service within the Department of Agriculture, Conservation and Forestry; and [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF); PL 2011, c. 657, Pt. W, §§5, 8 (REV).] B. Six members appointed by the commissioner as follows: (1) One member who is a member of a statewide association of sheriffs; (2) Four members who are members of a statewide association of police chiefs, one representing northern Maine, one representing southern Maine, one representing eastern Maine and one representing central Maine; and (3) One member representing the Maine Criminal Justice Academy. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF); PL 2011, c. 657, Pt. W, §§5, 8 (REV).]

2. Terms. The ex officio members or their designees serve for their terms of office. The commissioner shall appoint other members to staggered 4-year terms. The initial appointments must be made by December 31, 2004. The initial appointments are as follows: 2 for 4-year terms; 2 for 3-year terms; and 2 for 2-year terms. Appointed members may not serve more than 2 consecutive 4-year terms. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).]

3. Chair; election of officers. The members of the grant committee shall annually elect one of its members as chair and one of its members as vice-chair. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).]

4. Grant committee meetings, rules and administration. The grant committee is governed by the following. A. The grant committee shall meet at least 2 times a year at the call of the chair or when needed to address urgent ATV problems. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] B. A quorum of the grant committee for the transaction of business is 5 members. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] C. Grant committee members are governed by the conflict-of-interest provisions in Title 5, section 18 . [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).]

5. Grant committee duties. The grant committee has the following duties. A. Consistent with the requirements of this subchapter, the grant committee shall adopt rules governing the review of grant proposals and awarding of grants. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] B. The grant committee shall annually review funding requests and award funds for specific projects from law enforcement agencies in accordance with this subchapter. The grant committee may award grants only to proposals that conform to the rules adopted pursuant to paragraph A . Grant proposals must include a stated purpose, timeline, potential outcomes, a budget and an explanation of need. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] C. The grant committee may accept donations of equipment or materials if the grant committee determines that the donations will further the purposes of this subchapter. If the grant committee accepts equipment or materials, the grant committee shall establish by rule a process for receiving proposals and making awards to appropriate entities of such equipment or materials. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] D. The grant committee shall submit an annual report by January 15th to the commissioner and the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters. In the annual report, the grant committee shall detail expenditures made from grant revenues and provide a detailed summary of ATV enforcement activities supported by the grant as well as any equipment or materials that it has accepted or awarded pursuant to this subchapter. The first report must be submitted by January 15, 2005. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] E. The grant committee shall endeavor to keep the level of its administrative expenses as low as practicable and shall include in its annual report a description of efforts to minimize administrative expenses. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).] [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).]

6. Staff; administration. The department is responsible for the administration and staff support of the grant committee and the commissioner shall contract with an appropriately qualified person to serve as ATV grant coordinator to implement and account for the operations of the grant committee. The contract may provide for part-time services. [PL 2003, c. 695, Pt. B, §4 (NEW); PL 2003, c. 695, Pt. C, §1 (AFF).]
12 M.R.S. § 10758 — ME Code / Title 12 / Part 13 / Chapter 913 / Section 10758
12 §10758. Possession of altered license or permit
Status: in_force

A person may not possess a paper or electronic license or permit issued under this Part that has been altered, tampered with or mutilated in any manner. [PL 2015, c. 281, Pt. A, §3 (AMD).]

A person who violates this section commits a Class E crime. [PL 2003, c. 655, Pt. B, §88 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 4607 — ME Code / Title 12 / Part 4 / Chapter 419 / Section 4607
12 §4607. Research; advisory committee -- Article VII
Status: in_force

The Fish and Wildlife Service of the Department of the Interior of the Government of the United States shall act as the primary research agency of the Atlantic States Marine Fisheries Commission cooperating with the research agencies in each state for that purpose. Representatives of the said Fish and Wildlife Service shall attend the meetings of the commission.

An advisory committee to be representative of the people who fish commercially, the salt water anglers and such other interests of each state as the commission considers advisable must be established by the commission as soon as practicable for the purpose of advising the commission upon recommendations it desires to make. [RR 2021, c. 2, Pt. B, §16 (COR).]
12 M.R.S. § 685-A — ME Code / Title 12 / Part 2 / Chapter 206-A / Section 685-A
12 §685-A. Land use districts and standards
Status: repealed

1. Classification and districting of lands. The commission, acting on principles of sound land use planning and development, shall determine the boundaries of areas within the unorganized and deorganized areas of the State that fall into land use districts and designate each area in one of the following major district classifications: protection, management and development. The commission, acting in accordance with the procedures set forth in Title 5, chapter 375, subchapter 2 , shall adopt rules for determining the boundaries of each major type of district in accordance with the following standards: A. Protection districts: Areas where development would jeopardize significant natural, recreational and historic resources, including, but not limited to, flood plains, precipitous slopes, wildlife habitat and other areas critical to the ecology of the region or State; [PL 1999, c. 333, §5 (AMD).] B. Management districts: Areas that are appropriate for commercial forest product or agricultural uses or for the extraction of nonmetallic minerals and for which plans for additional development are not presently formulated nor additional development anticipated; and [PL 1999, c. 333, §5 (AMD).] C. [PL 1973, c. 569, §10 (RP).] D. Development districts: Areas that are appropriate for residential, recreational, commercial or industrial use or commercial removal of metallic minerals and areas appropriate for designation as development districts when measured against the purpose, intent and provisions of this chapter. [PL 2011, c. 682, §10 (AMD).] In addition to delineating the major district classifications listed, the commission may delineate such subclassifications as may be necessary and desirable to carry out the intent of this chapter. The commission may delineate and designate planned subdistricts and establish standards unique to each to efficiently balance the benefits of development and resource protection. [PL 2011, c. 682, §10 (AMD).]

2. Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official land use maps the following shall apply: A. Boundaries indicated as approximately following center lines of public or private roads shall be construed to follow such center lines. [PL 1971, c. 457, §5 (NEW).] B. Boundaries indicated as following railroad lines shall be construed to be midway between the 2 outermost rails. [PL 1973, c. 569, §10 (AMD).] C. Boundaries indicated as approximately following property lines, township or county lines shall be construed as following such lines. [PL 1971, c. 457, §5 (NEW).] D. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in event of natural change in the shorelines, shall be construed as moving with the normal high water mark; boundaries indicated as following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such natural center lines. [PL 1973, c. 569, §10 (AMD).] E. Boundaries indicated as approximately following ridge lines or specific contour lines shall be construed to follow such lines. [PL 1971, c. 457, §5 (NEW).] F. Boundaries indicated as parallel to or as extensions of features indicated in paragraphs A to E shall be so construed. [PL 1973, c. 569, §10 (AMD).] G. Where physical or cultural features existing on the ground are at variance with those shown on the official land use maps or in other circumstances not covered by paragraphs A to F , the commission shall interpret the district boundaries. [PL 1973, c. 569, §10 (AMD).] [PL 1973, c. 569, §10 (AMD).]

3. Land use standards. The commission, acting on principles of sound land use planning and development, shall prepare land use standards prescribing standards for the use of air, lands and waters. Except as provided in this chapter, these standards shall be adopted by the commission in accordance with the procedures set forth in Title 5, chapter 375, subchapter II . In addition to the purposes set forth in section 681 , the land use standards shall: A. Encourage the most desirable and appropriate use of air, land and water resources consistent with the comprehensive land use plan; [PL 1973, c. 569, §10 (AMD).] B. Protect public health by reduction of noise, air pollution, water pollution and other environmental intrusions; [PL 1971, c. 457, §5 (NEW).] C. Protect and preserve significant natural, scenic and historic features where appropriate, beneficial and consistent with the comprehensive land use plan; [PL 1973, c. 569, §10 (AMD).] D. Advise and assist the Department of Transportation and other concerned agencies in transportation planning and operation; [PL 1973, c. 569, §10 (AMD).] D-1. Provide for safe and appropriate loading, parking and circulation of land, air and water traffic; [RR 1993, c. 1, §33 (COR).] E. Encourage minimal adverse impact of one use upon the use of surrounding areas by setting standards of performance describing desirable and acceptable levels of operation in connection with any use and its relation to surrounding areas, including provisions for the eventual amelioration of existing adverse impact; [PL 1971, c. 457, §5 (NEW).] F. Reflect a consideration of the availability and capability of the natural resources base, including soils, topography or sufficient healthful water supplies; and [PL 1983, c. 114, §1 (AMD).] G. Regulate, as necessary, motor vehicles as defined in Title 29‑A, section 101, subsection 42 , on icebound inland lakes that are completely encompassed by unorganized territories during the hours from sunset to sunrise of the following day. [PL 1995, c. 65, Pt. A, §26 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).] [PL 1995, c. 65, Pt. A, §26 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]

4. Land use standards considered as minimum requirements. Land use standards must be interpreted and applied by the commission as minimum requirements, adopted to reasonably and effectively promote health, safety and general welfare and ensure compliance with state plans and policies. If the requirements of the adopted land use standards are at variance with the requirements of any other lawfully adopted rules, regulations, standards, ordinances, deed restrictions or covenants, the more protective of existing natural, recreational and historic resources governs. A. [PL 2011, c. 682, §11 (RP).] B. [PL 2011, c. 682, §11 (RP).] [PL 2011, c. 682, §11 (RPR).]

4-A. Transition from commission jurisdiction to the jurisdiction of a plantation or municipality. Any portion of a land use district that subsequently becomes an organized municipality or part of an organized municipality or any plantation that adopts planning, zoning and subdivision control as provided in Title 30‑A, section 7059 continues to be regulated by the Maine Land Use Planning Commission pursuant to this chapter until such time as the plantation or municipality of which the regulated district is then a part adopts land use plans and regulations not less protective of the existing natural, recreational or historic resources than those adopted by the commission. A. Any municipality organized after September 23, 1971 or any plantation that adopts planning, zoning and subdivision control as provided in Title 30‑A, section 7059 may submit to the commission and receive the approval of the commission of the following: (1) A comprehensive land use plan for that plantation or municipality; (2) Standards for determining land use district boundaries and uses permitted within the districts in that plantation or municipality; (3) A land use district boundary map for that plantation or municipality; and (4) Such other proposed regulations or standards as the commission considers necessary to achieve the purpose, intent and provisions of this chapter. Upon request of the plantation or municipality, the commission shall prepare such plans, maps, regulations and standards as it considers necessary to meet minimum planning and zoning standards for its approval of those standards. Upon obtaining approval, the plantation or municipality shall thereafter adopt, administer and enforce the approved plans, maps, regulations and standards, except that the commission retains jurisdiction for any planned subdistrict within the municipality or plantation unless the owner of the land within the delineated area agrees to the transfer of the administration and enforcement of that planned subdistrict to the municipality or plantation. [PL 2011, c. 682, §12 (NEW).] B. From time to time, the commission may review the administration and enforcement of local land use plans and regulations by plantations and municipalities that have adopted land use plans, maps, regulations and standards approved by the commission. If, following the review, the commission finds that any of the following has occurred, the commission may reestablish its jurisdiction over that plantation or municipality: (1) A plantation or municipality has repealed the land use plan, maps, standards or regulations necessary to satisfy the requirements of this subsection or has substantially modified the land use plan, maps, standards or regulations so that the resources of the plantation or municipality are not reasonably protected; (2) A plantation or municipality has abolished or does not have functioning the administrative bodies and officers necessary to implement the land use program as approved by the commission; or (3) A plantation or municipality has not administered or enforced its land use plan, maps, standards or regulations in a manner that reasonably protects the resources in the plantation or municipality involved. The action by the commission must conform with the provisions for rulemaking of the Maine Administrative Procedure Act. Action taken by the commission to reestablish its jurisdiction over a plantation or municipality is effective immediately, but must be submitted to the current or next regular session of the Legislature for approval. If the Legislature fails to act, the action of the commission continues in effect. [PL 2011, c. 682, §12 (NEW).] [PL 2011, c. 682, §12 (NEW).]

5. Considerations, application and exemptions. A land use standard may not deprive an owner or lessee or subsequent owner or lessee of any interest in real estate of the use to which it is lawfully devoted at the time of adoption of that standard. Year-round and seasonal single residences and operating farms in existence and use as of September 23, 1971, while so used, and new accessory buildings or structures or renovations of the buildings or structures that are or may be necessary to the satisfactory and comfortable continuation of these residential and farm uses, except for those located in areas of special flood hazard as defined in the commission's rules, are exempt from the requirements of section 685‑B, subsection 1 . Land use standards adopted pursuant to this chapter for management districts may not limit the right, method or manner of cutting or removing timber or crops, the construction and maintenance of hauling roads, the operation of machinery or the erection of buildings, including buildings to store equipment and materials for maintaining roads, and other structures used primarily for agricultural or commercial forest product purposes, including tree farms. The commission may not require a permit for such activities in a management district. Notwithstanding this subsection, a permit from the commission is required for roads covering a ground area of 3 acres or more constructed in management districts, unless those roads are constructed and maintained in accordance with the guidelines of the commission's Land Use Handbook, Section 6, "Erosion Control on Logging Jobs," or as revised. The commission may require a person constructing a road to notify the commission of the location of the road within 21 days. Land use standards adopted pursuant to this chapter must establish a minimum setback of 100 feet for all structures within a commercial sporting camp complex that are constructed solely for the housing of guests, including structures within a main sporting camp complex and an outpost camp. The standards must establish a minimum setback of 150 feet for all other structures within a sporting camp complex, including, but not limited to, a main lodge, a dining area, a workshop and a parking area. In adopting district boundaries and land use standards, the commission shall give consideration to public and private planning reports and other data available to it, and shall give weight to existing uses of land and to any reasonable plan of its owner as to its future use. [PL 2025, c. 11, §2 (AMD).]

6. Interim district boundaries and land use standards. [PL 1999, c. 333, §6 (RP).]

7. Hearings and procedures. [PL 1999, c. 333, §7 (RP).]

7-A. Procedure for adoption or amendment of land use district standards, district boundaries and land use maps. This subsection governs procedures for the establishment and amendment of land use district standards and boundaries and the amendment of the commission's land use maps. A. The commission or its staff may initiate and any state or federal agency, any county or municipal governing body or any property owner or lessee may petition for adoption or amendment of land use district standards, district boundaries or land use maps. [PL 1999, c. 333, §8 (NEW).] B. Adoption and amendment of land use district standards, district boundaries and land use maps are rule-making procedures subject to the requirements of Title 5, chapter 375, subchapter 2 , except that the requirements of Title 5, section 8052, subsections 5‑A , 5‑B and 7 ; section 8053‑A ; section 8056, subsections 1 and 3 ; section 8056‑A ; section 8057, subsection 2 ; section 8057‑A ; section 8060 ; section 8062 ; and section 8064 do not apply. The requirements of Title 5, chapter 375, subchapter 2 are further modified by the following provisions. (1) Public notice of proposals to adopt or amend land use district standards, district boundaries or land use maps must state the time and the place where copies of the proposal may be inspected prior to the hearing. (2) The commission shall give notice of hearings to amend district boundaries, by mail, to appropriate state and federal agencies and the owners of directly affected and abutting properties, according to their names and addresses as shown on the records of Maine Revenue Services or plantation or town tax assessors. If the number of owners of directly affected and abutting properties is more than 50, notice may instead be by publication conforming to the requirements for newspaper publication of hearings under Title 5, chapter 375, subchapter 4 . (3) At any time prior to the date of adoption of proposed land use district standards, land use boundaries or land use maps, the commission may elect to reopen the public hearing record and extend the time period for public comment to such date as it may designate. (4) The commission must act to adopt or not to adopt proposed land use district standards, land use boundaries or land use maps within 90 days after the date of final closure of the public hearing. (5) Land use district boundaries and land use maps become effective 15 days after adoption or amendment by the commission, as long as the boundaries and maps are available in the appropriate registry of deeds for each county. Notice of adoption or amendment of land use district boundaries and land use maps must be given by publication one time in a newspaper of general circulation published in the area affected. (6) Permanent land use standards adopted by the commission are effective immediately, but must be submitted to the next regular or special session of the Legislature for approval or modification. If the Legislature fails to act, those standards continue in full force and effect. [PL 2025, c. 384, §23 (AMD).] [PL 2025, c. 384, §23 (AMD).]

8. Amendments to district boundaries and standards. [PL 1999, c. 333, §9 (RP).]

8-A. Criteria for adoption or amendment of land use district boundaries. A land use district boundary may not be adopted or amended unless there is substantial evidence that: A. The proposed land use district is consistent with the standards for district boundaries in effect at the time, the comprehensive land use plan and the purpose, intent and provisions of this chapter; and [PL 1999, c. 333, §10 (NEW).] B. The proposed land use district has no undue adverse impact on existing uses or resources or a new district designation is more appropriate for the protection and management of existing uses and resources within the affected area. [PL 2011, c. 682, §13 (AMD).] [PL 2011, c. 682, §13 (AMD).]

8-B. Criteria for amendment of land use standards. Adoption or amendment of land use standards may not be approved unless there is substantial evidence that the proposed land use standards would serve the purpose, intent and provisions of this chapter and would be consistent with the comprehensive land use plan. [PL 1999, c. 333, §10 (NEW).]

9. Periodic review of district boundaries and land use standards. At the end of each 5 years following initial adoption of permanent land use standards and districts, the commission shall make a comprehensive review of the classification and delineation of districts of the land use standards. The assistance of appropriate state agencies must be secured in making this review and public hearings must be held in accordance with the requirements set forth in subsection 7‑A . [PL 1999, c. 333, §11 (AMD).]

10. Special exceptions and variances. The commission may approve the issuance of a special exception permit in strict compliance with this chapter and the rules and standards adopted pursuant to this chapter. The commission may grant a variance when the commission finds that the proposed development is in keeping with the general spirit and intent of this chapter, that the public interest is otherwise protected and that strict compliance with the rules and standards adopted by this commission would cause unusual hardship or extraordinary difficulties because of the following: A. Exceptional or unique conditions of topography, access, location, shape, size or other physical features of the site; [PL 2001, c. 105, §1 (NEW).] B. The access and use needs of a person with a physical disability as described in Title 5, section 4553‑A, subsection 1, paragraphs C and D who resides in or regularly uses a structure; or [PL 2007, c. 695, Pt. A, §11 (AMD).] C. Unusual circumstances that were not anticipated by the commission at the time the rules and standards were adopted. [PL 2001, c. 105, §1 (NEW).] [PL 2007, c. 695, Pt. A, §11 (AMD).]

11. Exemptions. Real estate used or to be used by a public utility, as defined in Title 35‑A, section 102, subsection 13 , may be wholly or partially exempted from regulation to the extent that the commission may not prohibit such use but may impose terms and conditions for use consistent with the purpose of this chapter when, upon timely petition, notice and public hearing, the Public Utilities Commission determines that such exemption is necessary or desirable for the public welfare or convenience. The Public Utilities Commission shall adopt by rule procedures to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 646, Pt. A, §12 (AMD).]

12. Timber harvesting activities. Rules adopted by the Commissioner of Agriculture, Conservation and Forestry pursuant to section 8867‑B for the purpose of regulating timber harvesting and timber harvesting activities in areas adjacent to rivers, streams, ponds, wetlands and tidal waters become effective for the unorganized and deorganized areas on the date established under Title 38, section 438‑B, subsection 5 . The Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry shall administer and enforce the regulation of timber harvesting and timber harvesting activities in these areas. For the purposes of this subsection, "timber harvesting" and "timber harvesting activities" have the same meanings as in section 8868, subsections 4 and 5 . Beginning November 1, 2012, the Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry shall administer and enforce the regulation of timber harvesting and timber harvesting activities in protection districts and management districts in accordance with rules adopted under section 8867‑D . [PL 2011, c. 599, §1 (AMD); PL 2011, c. 657, Pt. W, §§5-7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

13. Additions to and removals from the expedited permitting area for wind energy development. The commission may add or remove areas in the unorganized and deorganized areas to or from the expedited permitting area for wind energy development in accordance with Title 35‑A, chapter 34‑A . [PL 2015, c. 265, §1 (AMD); PL 2015, c. 265, §10 (AFF).]

14. Land management roads, gravel pits and water crossings. Beginning November 1, 2012, the Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry 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 protection districts and management districts in accordance with rules adopted under section 8867‑E . For the purposes of this subsection, "land management road" has the same meaning as under section 8868, subsection 7 . [PL 2013, c. 256, §4 (AMD); PL 2013, c. 405, Pt. A, §23 (REV).]
12 M.R.S. § 13106-C — ME Code / Title 12 / Part 13 / Chapter 937 / Section 13106-C
12 §13106-C. Snowmobile accident reports
Status: in_force

1. Report requirements. A person shall give notice of a snowmobile accident within 72 hours to the commissioner on forms provided by the commissioner if the person is: A. The operator of a snowmobile involved in an accident that does not result in injuries requiring the services of a physician or in the death of a person but involves property damage estimated to cost $1,000 or more; [PL 2005, c. 436, §6 (NEW).] B. A person acting for the operator of a snowmobile described in paragraph A ; or [PL 2005, c. 436, §6 (NEW).] C. The owner of a snowmobile described in paragraph A having knowledge of the accident, if the operator of the snowmobile is unknown. [PL 2005, c. 436, §6 (NEW).] [PL 2005, c. 436, §6 (NEW).]

2. Penalties. The following penalties apply to violations of this section. A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [PL 2005, c. 436, §6 (NEW).] B. A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2005, c. 436, §6 (NEW).] [PL 2005, c. 436, §6 (NEW).]
12 M.R.S. § 12557 — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12557
12 §12557. Disposal of live baitfish or smelts
Status: in_force

1. Prohibition. A person may not dispose of any live baitfish or smelts into inland waters of the State. [PL 2025, c. 343, §11 (NEW).]

2. Penalty. The following penalties apply to violations of this section. A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [PL 2025, c. 343, §11 (NEW).] B. A person who violates subsection 1 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [PL 2025, c. 343, §11 (NEW).] [PL 2025, c. 343, §11 (NEW).]
12 M.R.S. § 4807-A — ME Code / Title 12 / Part 6 / Chapter 423-A / Section 4807-A
12 §4807-A. Minimum lot size required
Status: in_force

In all areas of the State, notwithstanding any other provision of state or local law or regulation, no person shall: [PL 1973, c. 411, §1 (NEW).]

1. Dispose of waste from any single family residential unit by means of subsurface waste disposal unless such lot of land on which such single family residential unit is located contains at least 20,000 square feet; and if the lot abuts a lake, pond, stream, river or tidal area, it shall further have a minimum frontage of 100 feet on such body of water; [PL 1973, c. 411, §1 (NEW).]

2. Dispose of wastes by means of subsurface waste disposal from any multiple unit housing or any other land use activity which may generate wastes in excess of the waste disposal requirements of normal single family residential units, unless such multiple unit housing or other land use activity is located on a lot of a size and minimum frontage which is greater than the requirements stated in subsection 1 in the same proportion as the actual waste disposal requirements of the multiple unit housing or other land use activities is greater than that of a single family residential unit. For purposes of computing such proportions, the amount of sewage generated by and the waste disposal requirement of such activities or land uses shall be deemed to be: A. Single family residential unit, 300 gallons per day; [PL 1973, c. 411, §1 (NEW).] B. Multiple unit housing, 120 gallons per bedroom; [PL 1973, c. 411, §1 (NEW).] C. Other land use activity, actual measurement or computation of waste generated or likely to be generated. [PL 1973, c. 411, §1 (NEW).] [PL 1973, c. 411, §1 (NEW).]
12 M.R.S. § 211 — ME Code / Title 12 / Part 1 / Chapter 3 / Section 211
12 §211. Legislative findings
Status: in_force

It is the intent of the Legislature to provide for the state contribution to the Cooperative Soil Survey of the State of Maine. The Cooperative Soil Survey, conducted nationally by the United States Department of Agriculture, Soil Conservation Service, is the systematic inventory of the soils of the State. This basic soils data is of great value in the guidance of sound land use planning. [PL 1969, c. 509, §1 (NEW).]
12 M.R.S. § 12611 — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12611
12 §12611. Illegal possession of live fish
Status: in_force

Except as otherwise provided in this Part, a person who takes a fish, other than baitfish or smelt, from inland waters pursuant to this Part shall immediately release that fish alive into the waters from which it was taken or immediately kill that fish. Any fish killed pursuant to this section becomes part of the daily bag limit. A person who possesses a fish in violation of this section commits a Class E crime. [PL 2015, c. 301, §38 (AMD).]
12 M.R.S. § 11226-B — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11226-B
12 §11226-B. Canadian big game hunter; guide required
Status: in_force

1. Definitions. For purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Big game" means bear, deer and moose. [PL 2021, c. 87, §1 (NEW).] B. "Canadian border province resident" means a nonresident who is not a citizen of the United States and is a resident of the Canadian province of New Brunswick or Quebec. [PL 2021, c. 87, §1 (NEW).] C. "Family member" means a parent, spouse, child or a grandchild who is less than 18 years of age. [RR 2021, c. 2, Pt. B, §76 (COR).] [RR 2021, c. 2, Pt. B, §76 (COR).]

2. Prohibition. Except as provided in this subsection, a Canadian border province resident may not hunt big game or wild turkey without being accompanied by a person who holds a valid guide license pursuant to chapter 927 authorizing that person to act as a hunting guide. The commissioner may authorize a Canadian border province resident and that person's family members to hunt big game or wild turkey without being in the presence of a guide if the Canadian border province resident: A. Owns or leases land in the State; [PL 2021, c. 87, §1 (NEW).] B. Is current on property taxes assessed for the land owned in the State; and [PL 2021, c. 87, §1 (NEW).] C. Keeps property owned or leased in the State open for hunting by the public. [PL 2021, c. 87, §1 (NEW).] A Canadian border province resident who wishes to hunt big game or wild turkey without a guide must, at the time of application for a hunting license or permit to hunt big game or wild turkey, provide documentation to the commissioner that that person meets the requirements of this subsection. Upon determining that the applicant meets the criteria in this subsection and the applicant is not otherwise ineligible to hold a license or permit under this Part, the commissioner shall issue written authorization to hunt big game or wild turkey without a guide to that Canadian border province resident and that person's family members who are Canadian border province residents and who hold a valid license to hunt big game or wild turkey in the State. [PL 2021, c. 87, §1 (NEW).]

3. Penalty. The following penalties apply to violations of this section. A. A person who violates subsection 2 commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged. [PL 2021, c. 87, §1 (NEW).] B. A person who violates subsection 2 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. 87, §1 (NEW).] [PL 2021, c. 87, §1 (NEW).]
12 M.R.S. § 10453 — ME Code / Title 12 / Part 13 / Chapter 907 / Section 10453
12 §10453. Unlawful disposition of citations
Status: in_force

A warden or other public employee may not dispose of an official citation form or Uniform Summons and Complaint, except in accordance with law and as provided for in any applicable official policy or procedure of the Bureau of Warden Service. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §56 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

A person who violates this section commits a Class E crime. [PL 2003, c. 655, Pt. B, §56 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 6077 — ME Code / Title 12 / Part 9 / Chapter 605 / Section 6077
12 §6077. Aquaculture monitoring program
Status: in_force

The department may establish and maintain an information base pertaining to the siting, development and operation of finfish aquaculture facilities within the State. [PL 2003, c. 660, Pt. A, §17 (AMD).]

1. Coordination. The commissioner shall coordinate the data collection efforts of the department with those of other state agencies that regulate or assist the finfish aquaculture industry. All agencies of the State shall cooperate with the department in the establishment of the information system and shall provide all available information requested by the commissioner. [PL 1991, c. 381, §6 (NEW).]

2. Data requirements. The commissioner may collect information in site-specific categories, including, but not limited to, those listed in this subsection, to allow effective enforcement of all laws pertaining to finfish aquaculture at individual facilities: A. Geophysical site characteristics, including currents and bathymetry; [PL 1991, c. 381, §6 (NEW).] B. Benthic habitat characteristics and effects, including changes in community structure and function; [PL 1991, c. 381, §6 (NEW).] C. Water column effects, including water chemistry and plankton; [PL 1991, c. 381, §6 (NEW).] D. Feeding and production data sufficient to estimate effluent loading; [PL 1991, c. 381, §6 (NEW).] E. Smolt and broodstock introduction and transfer data; [PL 1991, c. 381, §6 (NEW).] F. Disease incidence and use of chemical therapeutics; and [PL 1991, c. 381, §6 (NEW).] G. Other ancillary information as the commissioner may find necessary. [PL 1991, c. 381, §6 (NEW).] [PL 2003, c. 660, Pt. A, §18 (AMD).]

3. Data collection; authority. The commissioner may require persons holding licenses related to finfish aquaculture under this Title to report information in the categories listed in subsection 2 . Personnel retained by leaseholders to perform tasks required for data collection as specified in subsection 2 and this subsection must be reviewed and approved by the commissioner for acceptable professional qualifications and experience prior to performing any data collection services. Routine notations of site operation do not require approved personnel. [PL 2003, c. 660, Pt. A, §18 (AMD).]

4. Confidentiality. Notwithstanding section 6173 and except as provided in paragraphs A and B , information obtained by the department under this section is a public record as provided by Title 1, chapter 13, subchapter I . In addition to remedies provided under Title 1, chapter 13, subchapter I , the Superior Court may assess against the department reasonable attorney's fees and other litigation costs reasonably incurred by an aggrieved person who prevails in the appeal of the department's denial for a request for information. A. Information submitted to the department under this section may be designated by the submittor as proprietary information and being only for the confidential use of the department, its agents and employees, other agencies of State Government, as authorized by the Governor, employees of the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, the National Marine Fisheries Services, the United States Department of Agriculture, the Attorney General and employees of the municipality in which the aquaculture facility is located. The designation must be clearly indicated on each page or other portion of information. The commissioner shall establish procedures to ensure that information so designated is segregated from public records of the department. The department's public records must include the indication that information so designated has been submitted to the department, giving the name of the submittor and the general nature of the information. Upon a request for information, the scope of which includes information so designated, the commissioner shall notify the submittor. Within 15 days after receipt of the notice, the submittor shall demonstrate to the satisfaction of the department that the designated information should not be disclosed. Unless such a demonstration is made, the information must be disclosed and becomes a public record. The department may grant or deny disclosure for the whole or any part of the designated information requested and within 15 days shall give written notice of the decision to the submittor and the person requesting the designated information. A person aggrieved by a decision of the department may appeal to the Superior Court. Information that has been designated by the submittor as proprietary information may not be disclosed in a manner or form that permits identification of any person or vessel, except when required by court order or when specifically permitted under this section. All information provided by the department to the municipality under this paragraph is confidential and not a public record under Title 1, chapter 13 . If a request for the information is submitted to the municipality, the municipality shall submit that request to the commissioner to be processed by the department as provided in this paragraph. [PL 2009, c. 240, §12 (AMD).] B. The commissioner may not release the designated information prior to the expiration of the time allowed for the filing of an appeal or to the rendering of the decision on any appeal. [PL 1991, c. 381, §6 (NEW).] C. Any information that is collected by any other state or federal agency or information required by the department for the purpose of obtaining a permit, license, certification or other approval may not be designated or treated as designated information under paragraph A . [PL 1991, c. 381, §6 (NEW).] D. The commissioner may adopt rules to carry out the purposes of this section. The rules must be consistent with the provisions of Title 1, chapter 13, subchapter I . [PL 1991, c. 381, §6 (NEW).] E. It is unlawful to disclose designated information to any person not authorized by this section. (1) Any person who solicits, accepts or agrees to accept, or who promises, offers or gives any pecuniary benefit in return for the disclosure of designated information is guilty of a Class D crime. (2) A person who knowingly discloses designated information, knowing that the disclosure is not authorized, commits a civil violation for which a penalty of not more than $5,000 may be assessed. (3) In any action under this paragraph, the court shall first declare that the information is proprietary information. [PL 2009, c. 240, §13 (AMD).] F. 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 submittor and would make available information not otherwise publicly available. [PL 2009, c. 240, §14 (NEW).] [PL 2009, c. 240, §§12-14 (AMD).]
12 M.R.S. § 752 — ME Code / Title 12 / Part 2 / Chapter 209 / Section 752
12 §752. Federal rules and regulations
Status: in_force

Power is conferred upon the Congress of the United States to pass such laws and to make or provide for the making of such rules and regulations, of both a civil and criminal nature, not inconsistent with any of the provisions of this section and sections 751 and 754 , and provide punishment therefor, as in its judgment may be necessary for the administration, control and protection of such lands as are acquired by the United States under said sections. Such laws, rules and regulations may not in any way supersede, invalidate or modify any of the laws of the State of Maine respecting the storage, control, use or development of water resources in the State, or the Mill Act, so called. Said laws of the State of Maine as existing on March 20, 1934, or thereafter enacted, are made applicable to all lands acquired under this section and section 754 , notwithstanding the title thereto must be in the United States of America, nor may such laws, rules and regulations, nor may anything in said sections in any way limit the power of the State through its Legislature to pass any legislation, either general or specific, respecting the storage, control, use or development of the water resources thereon, or respecting the laws of the State pertaining to fishing and hunting, nor may it prevent the flowage of lands acquired under this section and section 754 in accordance with the Mill Act, or special charter, or other general laws of the State, upon payment of compensation therefor, nor may any consent of the United States of America be required to enable action to be taken under or in accordance with said laws. The State expressly reserves the jurisdiction of the courts of the State with respect to the determination of questions arising under said laws respecting lands so acquired by the United States of America. [PL 2005, c. 258, §2 (AMD).]
12 M.R.S. § 1805 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1805
12 §1805. Designation of ecological reserve
Status: reserved

The director may designate ecological reserves on parcels of land under the jurisdiction of the bureau. The director may designate ecological reserves or remove the designation of a parcel of land as an ecological reserve only in conjunction with the adoption of a management plan for a particular parcel of land, and the process for adoption of that management plan must provide for public review and comment on the plan. When a proposed management plan includes designation of an ecological reserve, the director shall notify the joint standing committee of the Legislature having jurisdiction over public lands matters of the proposal. When a proposed management plan includes the removal of a parcel of land of 10 acres or more as an ecological reserve, the director shall submit a report to the joint standing committee of the Legislature having jurisdiction over public lands matters prior to the bureau's updating the accompanying management plan for the parcel of land. The report must include a description of the parcel of land, the reasons for the removal of the designation as an ecological reserve, the intended uses of the parcel of land and the benefits to the public as a result of the removal of the designation as an ecological reserve. The joint standing committee of the Legislature having jurisdiction over public lands matters may report out a bill relating to the subject matter of the report. [PL 2021, c. 516, §1 (AMD).]

1. Allowed uses. The director may within an ecological reserve allow uses that are compatible with the purpose of the ecological reserve and do not cause significant impact on natural community composition or ecosystem processes. Uses that the director may allow include nonmanipulative scientific research, public education and nonmotorized recreation activities such as hiking, cross-country skiing, primitive camping, gathering of materials for cultural and traditional use by a member of a federally recognized Wabanaki Indian nation, tribe or band in this State, hunting, fishing and trapping. For the purposes of this subsection, "primitive camping" means camping in a location without facilities or where facilities are limited to a privy, fire ring, tent pad, 3-sided shelter and picnic table. The removal of trees and construction of facilities associated with these allowed uses are allowed. The director may allow other uses when their impact remains low and does not compromise the purpose of the ecological reserve. Recreational use of surface waters is under the jurisdiction of the Department of Inland Fisheries and Wildlife. [PL 2021, c. 516, §1 (AMD).]

2. Trails and roads for motorized vehicle use. The director shall allow the continuing use of an existing snowmobile trail, an all-terrain vehicle trail or a road if the director determines the trail or road is well designed and built and situated in a safe location and its use has minimal adverse impact on the ecological value of an ecological reserve and it cannot be reasonably relocated outside the ecological reserve. A new snowmobile or all-terrain vehicle trail or a new road is allowed only if the director determines all of the following criteria are met: A. No safe, cost-effective alternative exists; [PL 1999, c. 592, §3 (NEW).] B. The impact on protected natural resource values is minimal; and [PL 1999, c. 592, §3 (NEW).] C. The trail or road will provide a crucial link in a significant trail or road system. [PL 1999, c. 592, §3 (NEW).] [PL 2021, c. 516, §1 (AMD).]

3. Incompatible uses. Uses that are incompatible with the purpose of an ecological reserve are not allowed. Incompatible uses include timber harvesting, salvage harvesting, commercial mining and commercial sand and gravel excavation. For the purposes of this subsection, "salvage harvesting" means the removal of dead or damaged trees to recover economic value that would otherwise be lost. [PL 1999, c. 592, §3 (NEW).]

4. Resource protection measures. The director shall take action to control a wildfire occurring on an ecological reserve or spreading to bureau lands. The director may authorize a prescribed burn in an ecological reserve if necessary to replicate natural processes that maintain specific natural communities or rare species populations. The director may implement predetermined wildfire tactics to protect the integrity of the landscape and shall use minimal impact suppression tactics to the extent possible. The director may use pesticides, including herbicides, and sanitation harvests to control insect and disease outbreaks only in response to: A. A specific threat to the functioning of a native ecosystem or managed wildlife habitat; [PL 1999, c. 592, §3 (NEW).] B. A specific threat to human health or safety; or [PL 1999, c. 592, §3 (NEW).] C. A condition that is likely to result in significant damage to adjacent lands if control is not exercised. [PL 1999, c. 592, §3 (NEW).] For the purposes of this subsection, "sanitation harvest" means the removal of trees that have been attacked or are in imminent danger of attack by insects or disease in order to prevent these insects or diseases from spreading to other trees. [PL 2021, c. 516, §1 (AMD).]

5. Limits on acreage designated as ecological reserves. The total land acreage designated as ecological reserves may not exceed 115,000 acres. No more than 8% of the operable timberland acres on public reserved lands and nonreserved public lands may be designated as ecological reserves. For the purposes of this subsection, "operable timberland" means land the bureau considers viable for commercial timber harvest operations and does not include inoperable lands, which are lands not suitable for timber production due to topography or hydrologic setting. Inoperable lands include ledges, steep slopes, nonforested barrens, mountaintops, nonforested wetlands and other nonproductive sites. Lands donated or acquired after the effective date of this section with the condition that the donated or acquired land be designated an ecological reserve are not included when calculating acreage limits under this subsection. The designation of land as an ecological reserve may not result in a decline in the sustainable harvest level on land under the jurisdiction of the bureau to less than the average annual harvest for the preceding 10 years. For purposes of this subsection, "sustainable harvest level" means the amount of forest products that can be harvested over time without reducing timber inventory and is determined by the operable timberland acres of land and the forest growth rate. [PL 2021, c. 516, §1 (AMD).]

6. Reporting requirements. The bureau shall report the status of ecological reserves under the reporting requirements of subchapters 3 and 4 . [PL 2021, c. 516, §1 (AMD).]
12 M.R.S. § 6171-A — ME Code / Title 12 / Part 9 / Chapter 607 / Section 6171-A
12 §6171-A. Protection of public health and safety and prevention of gear conflicts
Status: in_force

1. Commissioner's powers. The commissioner may investigate conditions affecting public safety, public health or property and conflicts among harvesters of marine organisms. The commissioner, with the advice and consent of the Marine Resources Advisory Council, may adopt or amend such rules as the commissioner considers necessary to: A. Protect public health; [PL 2009, c. 528, §1 (NEW).] B. Protect public safety; [PL 2009, c. 528, §1 (NEW).] C. Prevent property damage; or [PL 2009, c. 528, §1 (NEW).] D. Prevent gear conflicts and promote the optimum development of marine organisms. [PL 2009, c. 528, §1 (NEW).] Rules adopted in accordance with this subsection may include, but are not limited to, rules governing area closures when necessary to address conflicts among persons who fish commercially that may cause a threat of harm to a person. [PL 2009, c. 528, §1 (RPR).]

2. Limitations. The limitations of section 6171, subsection 2 also apply to rules to prevent gear conflicts. [PL 2009, c. 528, §1 (RPR).]

3. Considerations. In adopting rules to prevent gear conflicts, the commissioner shall consider: A. Traditional uses of the marine organisms; [PL 2009, c. 528, §1 (RPR).] B. Total economic benefits to the area in which the organisms are harvested; and [PL 2009, c. 528, §1 (RPR).] C. Promotion of the optimum economic and biological management of marine resources. [PL 2009, c. 528, §1 (RPR).] In each case, the commissioner shall accommodate the needs of all interested parties to the maximum extent possible, through provisions for joint use, alternate use or other methods. [PL 2009, c. 528, §1 (RPR).]

4. Procedure. [PL 1987, c. 100, §1 (RP).]

4-A. Emergency rules. The commissioner may adopt or amend rules on an emergency basis if immediate action is necessary to protect the public health or public safety or to prevent property damage or serious economic harm to the area in which marine resources are harvested. [PL 2009, c. 528, §1 (RPR).]

5. Emergency regulations. [PL 1987, c. 100, §2 (RP).]

5-A. Procedure. The procedures of subchapter 2 must be used in adopting or amending rules authorized by this section. [PL 2009, c. 528, §1 (RPR).]

Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 528, §1 (NEW).]
12 M.R.S. § 6028 — ME Code / Title 12 / Part 9 / Chapter 603 / Section 6028
12 §6028. Volunteer marine patrol officers
Status: in_force

1. Appointment. The commissioner may appoint volunteer marine patrol officers upon such conditions as the commissioner may determine. Volunteer marine patrol officers shall serve without compensation and may be paid actual automobile costs at the rate paid to state employees. [PL 1983, c. 449 (NEW).]

2. Powers and duties. Volunteer marine patrol officers have the same powers and duties as marine patrol officers specified in section 6025 , except that the exercise of these powers and duties is limited to marine resources laws set out in chapters 601 to 627 , inclusive, and department regulations adopted pursuant to these statutes. Volunteer marine patrol officers shall complete reserve officer training at the Maine Criminal Justice Academy prior to assuming these duties. [PL 2021, c. 676, Pt. A, §27 (AMD).]
12 M.R.S. § 6721-A — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6721-A
12 §6721-A. Shell size minimum (REALLOCATED FROM TITLE 12, SECTION 6728-A)
Status: in_force

(REALLOCATED FROM TITLE 12, SECTION 6728-A)

1. Minimum shell size. Except as provided in subsection 4 , this subsection governs the shell size limits of scallops. A. From December 1, 2003 to November 30, 2004, a person may not possess, ship, transport, buy or sell scallops that are less than 3 3/4 inches in the longest diameter. [PL 2003, c. 520, §8 (RAL).] B. On December 1, 2004 and thereafter, a person may not possess, ship, transport, buy or sell scallops that are less than 4 inches in the longest diameter. [PL 2003, c. 520, §8 (RAL).] [PL 2003, c. 520, §8 (RAL).]

2. Prima facie evidence. It is prima facie evidence of possession of illegal scallops if a vessel contains scallops less than the minimum shell size set by this section or the minimum shell size set by rules adopted pursuant to this section while a person licensed under this subchapter or crew member of a person licensed under this subchapter is shucking scallops. [PL 2009, c. 561, §23 (AMD).]

3. Release of undersize scallops. Those scallops that are less than the minimum shell size established by this section or by rules adopted pursuant to this section must be immediately liberated into the waters from which they were taken. [PL 2003, c. 520, §8 (RAL).]

4. Rules. After December 1, 2004, the commissioner may adopt rules to increase the minimum shell size set by this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 520, §8 (RAL).]

5. Violation. Notwithstanding section 6174, subsection 3 , a person who violates this section commits a civil violation for which the following penalties apply: A. For the first offense, a mandatory fine of $500 is imposed and all scallops on board may be seized; [PL 2007, c. 695, Pt. I, §4 (RPR).] B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and [PL 2007, c. 695, Pt. I, §4 (RPR).] C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all scallops on board may be seized. This penalty is imposed in addition to the penalty imposed under section 6728‑B . [PL 2007, c. 695, Pt. I, §4 (RPR).] [PL 2007, c. 695, Pt. I, §4 (RPR).]
12 M.R.S. § 1847 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1847
12 §1847. Management of public reserved lands
Status: reserved

1. Purpose. The Legislature declares that it is in the public interest and for the general benefit of the people of this State that title, possession and the responsibility for the management of the public reserved lands be vested and established in the bureau acting on behalf of the people of the State, that the public reserved lands be managed under the principles of multiple use to produce a sustained yield of products and services by the use of prudent business practices and the principles of sound planning and that the public reserved lands be managed to demonstrate exemplary land management practices, including silvicultural, wildlife and recreation management practices, as a demonstration of state policies governing management of forested and related types of lands. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

2. Management plans. The director shall prepare, revise from time to time and maintain a comprehensive management plan for the management of the public reserved lands in accordance with the guidelines in this subchapter. The plan must provide for a flexible and practical approach to the coordinated management of the public reserved lands. In preparing, revising and maintaining such a management plan the director, to the extent practicable, shall compile and maintain an adequate inventory of the public reserved lands, including not only the timber on those lands but also the other multiple use values for which the public reserved lands are managed. In addition, the director shall consider all criteria listed in section 1858 for the location of public reserved lands in developing the management plan. The director is entitled to the full cooperation of the Division of Geology, Natural Areas and Coastal Resources, the Department of Inland Fisheries and Wildlife and the Maine Land Use Planning Commission in compiling and maintaining the inventory of the public reserved lands. The director shall consult with those agencies as well as other appropriate state agencies in the preparation and maintenance of the comprehensive management plan for the public reserved lands. The plan must provide for the demonstration of appropriate management practices that will enhance the timber, wildlife, recreation, economic and other values of the lands. All management of the public reserved lands, to the extent practicable, must be in accordance with this management plan when prepared. Within the context of the comprehensive management plan, the commissioner, after adequate opportunity for public review and comment, shall adopt a specific action plan for each unit of the public reserved lands system. Each action plan must include consideration of the related systems of silviculture and regeneration of forest resources and must provide for outdoor recreation including remote, undeveloped areas, timber, watershed protection, wildlife and fish. The commissioner shall provide adequate opportunity for public review and comment on any substantial revision of an action plan. Management of the public reserved lands before the action plans are completed must be in accordance with all other provisions of this section. [PL 2013, c. 405, Pt. C, §9 (AMD).]

3. Actions. The director may take actions on the public reserved lands consistent with the management plans for those lands and upon any terms and conditions and for any consideration the director considers reasonable. [PL 1997, c. 678, §13 (NEW).]

4. Land open to hunting. The bureau and the Department of Inland Fisheries and Wildlife shall communicate and coordinate land management activities in a manner that ensures that the total number of acres of land open to hunting on public reserved lands and lands owned and managed by the Department of Inland Fisheries and Wildlife does not fall below the acreage open to hunting on January 1, 2008. These acres are subject to local ordinances and state laws and rules pertaining to hunting. [PL 2007, c. 564, §1 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

5. Bear baiting permitted. The bureau shall adopt rules permitting bear baiting on public reserved lands consistent with its land management responsibilities. The rules must permit bear baiting at sites that are accessible by road and sites that are not accessible by road but are accessible by water. Rules adopted under this subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 262, §1 (NEW).]
12 M.R.S. § 6072-C — ME Code / Title 12 / Part 9 / Chapter 605 / Section 6072-C
12 §6072-C. Limited-purpose aquaculture license
Status: in_force

1. License required. A person may not engage in the activities authorized under this section without a current limited-purpose aquaculture license or a lease issued under this Part authorizing the activities. [PL 2001, c. 421, Pt. B, §10 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]

2. Licensed activities. The holder of a limited-purpose aquaculture license may place marine organisms on the ocean bottom without gear or utilize approved aquaculture gear in a site in the coastal waters of the State to engage in certain aquaculture activities that meet the criteria established in subsection 2‑A and in rules adopted by the commissioner. Except as provided in subsection 2‑C , the license also authorizes unlicensed individuals to assist the license holder in the licensed activities only with the direct supervision of the license holder. A. [PL 2017, c. 159, §6 (RP).] B. [PL 2017, c. 159, §6 (RP).] C. [PL 2017, c. 159, §6 (RP).] D. [PL 2017, c. 159, §6 (RP).] E. [PL 2017, c. 159, §6 (RP).] F. [PL 2017, c. 159, §6 (RP).] G. [PL 2017, c. 159, §6 (RP).] [PL 2021, c. 52, §13 (AMD); PL 2023, c. 207, §20 (AFF).]

2-A. Criteria. The commissioner, or qualified professional department staff designated in writing by the commissioner, may issue a limited-purpose aquaculture license for certain aquaculture activities if: A. The proposed activity generates no discharge into coastal waters; [PL 2017, c. 159, §6 (NEW).] B. The applicant proposes to use aquaculture gear and markings approved by the commissioner in rules adopted pursuant to subsection 8 ; [PL 2017, c. 159, §6 (NEW).] C. The gear, excluding mooring equipment, does not cover more than 400 square feet of area and the gear does not present an unreasonable impediment to safe navigation; [PL 2017, c. 159, §6 (NEW).] D. The proposed activity does not unreasonably interfere with the ingress and egress of riparian owners; [PL 2017, c. 159, §6 (NEW).] E. The proposed activity does not unreasonably interfere with fishing or other uses of the area, taking into consideration the number and density of aquaculture leases and licensed aquaculture activities in that area; [PL 2017, c. 159, §6 (NEW).] F. The proposed location, species and activity do not present a risk to public health; [PL 2017, c. 159, §6 (NEW).] G. The applicant holds no more than 3 other limited-purpose aquaculture licenses issued under this section; and [PL 2017, c. 159, §6 (NEW).] H. The consent of the riparian owner is obtained if the proposed activity is located above the mean low-water mark. [PL 2017, c. 159, §6 (NEW).] [PL 2017, c. 159, §6 (NEW).]

2-B. Exceptions. Upon request, the commissioner may grant the holder of a limited-purpose aquaculture license an exception to the requirement in subsection 2 that the license holder provide direct supervision of unlicensed individuals assisting the license holder in the licensed activities at the license holder's limited-purpose aquaculture license site. The commissioner may grant exceptions to: A. A license holder who is also the holder of or has an ownership interest in an entity, including as a shareholder in a corporation, that holds a lease issued pursuant to section 6072 , 6072‑A or 6072‑B ; [PL 2021, c. 52, §14 (NEW); PL 2023, c. 207, §20 (AFF).] B. A license holder using specific gear types as specified in rule; or [PL 2021, c. 52, §14 (NEW); PL 2023, c. 207, §20 (AFF).] C. A license holder who has applied for a lease under section 6072 or 6072‑A for an area that includes the area authorized by the license holder's existing limited-purpose aquaculture license. [PL 2021, c. 52, §14 (NEW); PL 2023, c. 207, §20 (AFF).] The commissioner may adopt rules to implement this subsection, including, but not limited to, establishing requirements for an application for an exception and the reasons for which an exception may be granted. [PL 2021, c. 52, §14 (NEW); PL 2023, c. 207, §20 (AFF).]

2-C. Primary assistant. The holder of a limited-purpose aquaculture license may designate one unlicensed individual as a primary assistant. Notwithstanding subsection 2 , a primary assistant may conduct the licensed activities without the direct supervision of the license holder. If an individual is designated by the license holder as a primary assistant, the limited-purpose aquaculture license on which the individual is designated a primary assistant counts against the total number of licenses the primary assistant may hold under subsection 2‑A, paragraph G . An individual may be the primary assistant on no more than 4 limited-purpose aquaculture licenses. [PL 2021, c. 52, §15 (NEW).]

3. Eligibility. A limited-purpose aquaculture license may be issued only to an individual who is 12 years of age or older or to a municipal shellfish management committee established pursuant to section 6671 that has met any requirements established under subsection 3‑A . [PL 2019, c. 232, §1 (AMD).]

3-A. Educational courses. Prior to the issuance or renewal of a limited-purpose aquaculture license, the commissioner may require the applicant to complete any educational courses the commissioner determines appropriate, except that an applicant that is exempt from payment of an application fee as provided in subsection 6‑A may not be required to complete an educational course. Educational courses may be provided by the department or by any public or private sector association or organization authorized by the commissioner. For any course provided by the department, the commissioner shall set an enrollment fee sufficient to recover all costs incurred by the department in providing the course. [PL 2023, c. 98, §1 (AMD).]

4. License limitations. The issuance of a limited-purpose aquaculture license does not constitute the issuance of a lease of an area in, on or under the coastal waters. [PL 1999, c. 567, §2 (NEW).]

4-A. Preference. If a person applies to lease an area that is the subject of a limited-purpose aquaculture license, the department shall notify the holder of the limited-purpose aquaculture license. If the holder of the limited-purpose aquaculture license documents to the department that that holder wants to lease the area, preference must be given as follows: A. First, to the person who holds the limited-purpose aquaculture license in the area and who submitted an application for a lease under section 6072 for the area; and [PL 2017, c. 159, §6 (NEW).] B. Second, to the person who applied to lease the area, but does not hold a limited-purpose aquaculture license in the area. [PL 2017, c. 159, §6 (NEW).] [PL 2017, c. 159, §6 (NEW).]

5. Application. The application for a limited-purpose aquaculture license must: A. Be written on forms supplied by the commissioner; [PL 1999, c. 567, §2 (NEW).] B. Identify the species to be cultivated; [PL 1999, c. 567, §2 (NEW).] B-1. Identify whether the applicant is growing the organisms for commercial or personal use; [PL 2017, c. 159, §6 (NEW).] C. Describe the proposed source of organisms to be grown in the approved aquaculture gear; [PL 1999, c. 567, §2 (NEW).] D. Describe the location of the approved aquaculture gear deployment by coordinates or metes and bounds; [PL 1999, c. 567, §2 (NEW).] D-1. Identify the shellfish growing area that is subject to the proposed license and its classification; [PL 2017, c. 159, §6 (NEW).] E. Include a clear set of plans that includes at a minimum: (1) A location plan with an overhead plan view showing the aquaculture gear deployed at the proposed location. The area occupied by the gear must be drawn to scale on the plan. The location plan must include a north arrow, ebb and flood directions, any federal or local channels and anchorages, any nearby structures and property lines for all riparian owners within 300 feet; and (2) Two gear drawings, one with an overhead plan view and one with a cross-sectional elevation view of the approved aquaculture gear proposed to be used. The gear drawings must be clearly dimensioned and include, at a minimum, mean high-water and mean low-water marks and the dimensions, profiles and materials used in the construction, deployment and securing of the approved aquaculture gear; [PL 1999, c. 567, §2 (NEW).] F. Include documentation that riparian landowners within 300 feet of the proposed activity have been notified of the license application and proposed activity; and [PL 1999, c. 567, §2 (NEW).] G. Include documentation that the municipal harbor master or appropriate municipal officers have been notified of the license application and proposed activity. [PL 1999, c. 567, §2 (NEW).] [PL 2017, c. 159, §6 (AMD).]

6. Fee. Except as provided in subsection 6‑A , the application fee for a resident limited-purpose aquaculture license is $100 and for a nonresident limited-purpose aquaculture license is $400. The application fee is nonrefundable. All fees collected under this subsection must be deposited in the Aquaculture Research Fund established in section 6081 . [PL 2023, c. 98, §2 (AMD).]

6-A. Fee exemptions. The commissioner may not assess an application fee for a limited-purpose aquaculture license that is issued to: A. A municipal shellfish management committee established pursuant to section 6671 , as long as the organisms cultured on the license site are not used for commercial purposes; or [PL 2023, c. 98, §3 (NEW).] B. A municipal officer for a municipal project, as long as the organisms cultured on the license site are not used for commercial purposes. [PL 2023, c. 98, §3 (NEW).] [PL 2023, c. 98, §3 (NEW).]

7. Prohibition; molesting gear. A person other than a marine patrol officer, the licensed owner of the gear or the licensed owner's assistant, with written permission from the licensed owner, may not utilize, raise, lift, transfer, possess or in any manner molest any approved aquaculture gear that is deployed under a current limited-purpose aquaculture license. A. [PL 2001, c. 421, Pt. B, §11 (RP); PL 2001, c. 421, Pt. C, §1 (AFF).] B. [PL 2001, c. 421, Pt. B, §11 (RP); PL 2001, c. 421, Pt. C, §1 (AFF).] [PL 2001, c. 421, Pt. B, §11 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]

7-A. Prohibition; taking product. A person other than a marine patrol officer or the license holder, or the license holder's assistant with written permission from the license holder, may not take any marine organism grown by the license holder under the license in the area designated on the license and marked in accordance with applicable rules. [PL 2013, c. 509, §7 (NEW).]

7-B. Prohibition; transporting organisms. A person may not transport organisms grown under a limited-purpose aquaculture license that is designated for personal use to an area that is the subject of a limited-purpose aquaculture license that is designated for commercial use. [PL 2017, c. 159, §6 (NEW).]

8. Rules. The commissioner shall adopt rules to implement this section, including, but not limited to, rules establishing the type of gear that is approved aquaculture gear for the purposes of a limited-purpose aquaculture license, minimum standards for maintaining gear, methods of gear identification and license application and review procedures. The commissioner may adopt rules to limit the period of the year during which license applications may be submitted. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 52, §17 (AMD).]

9. Violation; restitution. A person who violates this section commits a civil violation for which a fine of not less than $100 for each violation may be adjudged. If a person violates subsection 7 by cutting any lines or marker buoys or intentionally damaging approved aquaculture gear, the court shall also: 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 2001, c. 421, Pt. B, §12 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).] B. Direct that person to provide the commissioner, upon making full payment as ordered by the court, proof of that payment. [PL 2001, c. 421, Pt. B, §12 (NEW); PL 2001, c. 421, Pt. C, §1 (AFF).] [PL 2005, c. 92, §5 (AMD).]

10. Reporting requirement; confidentiality. A holder of a limited-purpose aquaculture license 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. Information provided in seeding and harvesting reports submitted by a license holder under this subsection is considered confidential information reported to the commissioner pursuant to section 6173 . [PL 2013, c. 509, §8 (NEW).]
12 M.R.S. § 6673 — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6673
12 §6673. Municipal shellfish aquaculture permit
Status: in_force

A municipality that has established a shellfish conservation program as provided under section 6671 may, consistent with the rights of property owners, issue a municipal shellfish aquaculture permit to a person for the exclusive use of shellfish in a designated area in the intertidal zone to the extreme low water mark within the municipality for the purpose of shellfish aquaculture. Municipal authority to issue a municipal shellfish aquaculture permit under this section does not limit in any way the authority of the commissioner to issue leases in the intertidal zone in accordance with sections 6072 , 6072‑A and 6072‑B . [PL 2003, c. 660, Pt. A, §21 (AMD).]

1. Municipal procedure. [PL 2003, c. 660, Pt. A, §21 (RP).]

1-A. Application. A municipality shall review an application for a municipal shellfish aquaculture permit on a form supplied by the municipality. The municipality may charge an application fee that reflects the costs of processing an application. The municipality shall publish a summary of the application in a newspaper of general circulation in the area that would be affected by the permit. A person may provide comments to the municipality on the proposed permit within 30 days of publication of the summary. Prior to issuing a municipal shellfish aquaculture permit, a municipality shall hold a public hearing if requested in writing by 5 or more persons. The public hearing must be held in accordance with procedures established in ordinances adopted in subsection 3 . [PL 2009, c. 229, §15 (AMD).]

2. Department procedure for review and approval. [PL 2003, c. 660, Pt. A, §21 (RP).]

2-A. Decision. In evaluating a proposed municipal shellfish aquaculture permit, a municipal officer shall take into consideration the number and density of permits and leases in the area and may issue the permit if the municipal officer finds the proposed project meets the following criteria. A. The permit conforms to the municipality's shellfish conservation program. [PL 2003, c. 660, Pt. A, §21 (NEW).] B. The permit will not cause the total area under all municipal shellfish aquaculture permits in the municipality to exceed 1/4 of the entire municipal intertidal zone that is open to the taking of shellfish. [PL 2009, c. 229, §16 (AMD).] C. Issuing the permit is in the best interests of the municipality. [PL 2003, c. 660, Pt. A, §21 (NEW).] D. The permit will not unreasonably interfere with ingress and egress of riparian owners. [PL 2003, c. 660, Pt. A, §21 (NEW).] E. The permit will not unreasonably interfere with navigation. [PL 2003, c. 660, Pt. A, §21 (NEW).] F. The permit will not unreasonably interfere with fishing or other uses of the area. For 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 is subject to a pollution abatement plan that predates the permit 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, §21 (NEW).] G. The permit will not unreasonably interfere with significant wildlife habitat and marine habitat or with the ability of the site affected by the permit and surrounding marine and upland areas to support existing ecologically significant flora and fauna. [PL 2003, c. 660, Pt. A, §21 (NEW).] H. The applicant has demonstrated that there is an available source of organisms to be cultured for the site affected by the permit. [PL 2003, c. 660, Pt. A, §21 (NEW).] I. The permit 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 government or 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 2003, c. 660, Pt. A, §21 (NEW).] A municipality shall put its findings on each of the criteria listed in this subsection in writing and make those findings available to the public. [PL 2023, c. 564, §13 (AMD).]

3. Municipal shellfish aquaculture permit. Prior to issuing a municipal shellfish aquaculture permit pursuant to this section, a municipality shall adopt ordinances that establish procedures for consideration of permit applications under the decision criteria in subsection 2‑A , including but not limited to provisions for a public hearing process. Additionally, the municipality shall adopt ordinances designed to prevent speculative holding of permits. An ordinance proposed by a municipality under this subsection must be approved in writing by the commissioner prior to its adoption. When approved, a municipal shellfish aquaculture permit must be forwarded to the commissioner. The municipality may charge a municipal shellfish aquaculture permit fee not to exceed $100 per acre annually. The municipality may establish conditions and limits on the permit. A municipal shellfish aquaculture permit may be granted for a period of up to 10 years and is renewable upon application by the permittee. The municipality shall monitor and enforce the terms and conditions of a permit on an annual basis and submit an annual report on permit activities to the department. Such information is considered landings data. [PL 2009, c. 229, §17 (AMD).]

4. Renewals. A municipality shall give public notice for a municipal shellfish aquaculture permit renewal as required under subsection 1‑A , and a hearing must be held if it is requested in writing by 5 or more persons. If a public hearing is required, it must be held in accordance with procedures established in an ordinance adopted under subsection 3 . A renewal may be granted as long as the permit continues to meet the criteria of subsection 2‑A . The findings of the municipality regarding the criteria in subsection 2‑A must be in writing and made available to the public. [PL 2003, c. 660, Pt. A, §21 (NEW).]
12 M.R.S. § 103 — ME Code / Title 12 / Part 1 / Chapter 1 / Section 103
12 §103. Associate supervisors
Status: in_force

1. Appointment of associate supervisors. By unanimous vote, the board of supervisors of a district established according to section 102 may appoint individuals with training and experience relevant to the duties of the supervisors to serve as associate supervisors. By unanimous vote, the board of supervisors may designate one or more of the associate supervisors to have voting authority. The board shall maintain a list of individuals designated to have voting authority and shall submit that list to the department. Employees of the district and contract providers to the district may be appointed as associate supervisors but may not be accorded this voting authority. The voting authority accorded associate supervisors is limited under subsection 2 . [PL 1997, c. 105, §1 (NEW).]

2. Limits on voting authority. When only 2 supervisors are present at a regularly scheduled board meeting, the chair of the meeting may appoint an associate supervisor present and with designated voting authority to serve as a supervisor for that meeting, thereby establishing a quorum. The designated associate supervisor has full voting rights of a supervisor for that meeting. [PL 1997, c. 105, §1 (NEW).]
12 M.R.S. § 8431 — ME Code / Title 12 / Part 11 / Chapter 803 / Section 8431
12 §8431. Effect of other laws
Status: reserved

This subchapter does not exempt any presalvage and salvage harvesting on public reserved lands and nonreserved public lands from any other law governing management of those lands, including but not limited to management of deer wintering areas. [PL 2015, c. 314, §32 (NEW).]
12 M.R.S. § 9325 — ME Code / Title 12 / Part 11 / Chapter 807 / Section 9325
12 §9325. Open burning
Status: in_force

1. Permissible open burning with permit. When not prohibited by statute, rule of any state agency or local ordinance, the types of burning described in this subsection are allowed provided that a permit has been obtained from the town forest fire warden or from the forest ranger having jurisdiction over the location where the fire is to be set. The burning must be conducted according to the terms and conditions of the permit and may not create a nuisance. A permit is required for: A. Recreational campfires kindled when the ground is not covered by snow; [PL 1991, c. 36, §4 (NEW).] B. Fires in conjunction with holiday and festive celebrations; [PL 1991, c. 36, §4 (NEW).] C. Burning of solid or liquid fuels and structures for research or bona fide instruction and training of municipal, volunteer and industrial firefighters when conducted under the direct control and supervision of qualified instructors; [PL 1991, c. 36, §4 (NEW).] D. Burning for agricultural purposes including, but not limited to, open burning of blueberry fields, potato tops and hayfields and prescribed burning for timberland management; [PL 1991, c. 36, §4 (NEW).] E. Out-of-door burning of wood wastes as defined in section 9324, subsection 7‑A and painted and unpainted wood from construction and demolition debris in the open or in an incinerator with a primary chamber volume no greater than 133 cubic feet or 1,000 gallons that is not licensed by the Department of Environmental Protection; [PL 2003, c. 245, §1 (AMD).] F. Open burning of leaves, brush, deadwood and tree cuttings accrued from normal property maintenance by the individual landowner or lessee of the land unless expressly prohibited by municipal ordinance; [PL 2001, c. 626, §7 (AMD).] G. Burning on site for the disposal of wood wastes and painted and unpainted wood from construction and demolition debris generated from the clearing of any land or by the erection, modification, maintenance, demolition or construction of any highway, railroad, power line, communication line, pipeline, building or development; [PL 2001, c. 626, §7 (AMD).] H. Burning for hazard reduction purposes such as, but not limited to, the burning of grass fields; [PL 1991, c. 36, §4 (NEW).] I. Burning for the containment or control of spills of gasoline, kerosene, heating oil or similar petroleum products; [PL 2001, c. 626, §7 (AMD).] J. The burning of wood wastes and painted and unpainted wood from construction and demolition debris at solid waste facilities; and [PL 2001, c. 626, §7 (AMD).] K. The burning of empty containers, including fiberboard boxes and paper bags, previously containing explosives and being disposed of in accordance with the provisions of Title 25, section 2472 . [PL 2001, c. 626, §8 (NEW).] [PL 2003, c. 245, §1 (AMD).]

2. Permissible open burning without permit. When not prohibited by state rule, local ordinance or water utility regulation, the following types of burning are permissible without a permit if no nuisance is created: A. A recreational campfire kindled when the ground is covered by snow or on a frozen body of water, as long as the recreational campfire does not exceed 3 feet in diameter on the ground at the base of the fire and does not exceed 3 feet in height; [PL 2023, c. 56, §6 (AMD).] B. Residential use of outdoor grills and fireplaces for recreational purposes such as preparing food, as long as the fire does not exceed 3 feet in diameter in a fireplace or grill at the base of the fire and does not exceed 3 feet in height; and [PL 2023, c. 56, §7 (AMD).] C. Use of outdoor grills and fireplaces for recreational purposes such as preparing food at commercial campgrounds in organized towns as long as the commercial campgrounds are licensed by the health engineering division of the Department of Human Services. [PL 1991, c. 36, §4 (NEW).] [PL 2023, c. 56, §§6, 7 (AMD).]
12 M.R.S. § 6132 — ME Code / Title 12 / Part 9 / Chapter 605 / Section 6132
12 §6132. Natural Fish Die-off Clean-up Program
Status: in_force

Upon the request of any affected municipality, the Department of Marine Resources shall assess the extent and severity of public nuisance and potential threats to public health posed by natural fish die-offs. The department shall provide technical advice and, subject to the limits of available funding, financial assistance to the affected municipalities in the conduct of any cleanup or other mitigating measures. [PL 1987, c. 459 (AMD).]
12 M.R.S. § 12551-A — ME Code / Title 12 / Part 13 / Chapter 923 / Section 12551-A
12 §12551-A. Dealing in live smelts and baitfish
Status: in_force

1. Definition. For purposes of this section, "business facility" means a fixed place of business and does not include a motor vehicle or trailer. Live smelts or baitfish that are held in or on a motor vehicle or trailer by a person licensed under this section are considered in transport even if the motor vehicle or trailer may be temporarily placed at a specific location by the licensee, or the licensee's designee, for the purpose of selling live smelts or baitfish to anglers. [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. License required. A person may not: A. Possess for resale, sell or offer to sell live smelts, Osmerus mordax, or live baitfish, as defined in section 10001, subsection 6 , without an appropriate and valid license issued under subsection 3 ; [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. Engage in taking or assist in taking live baitfish for resale from inland waters without a valid baitfish wholesaler's license; [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. Engage in taking or assist in taking live smelts for resale from inland waters without a smelt wholesaler's license; [PL 2017, c. 164, §19 (AMD).] D. Sell live smelts or baitfish from more than one facility without an appropriate and valid license for each facility; or [PL 2017, c. 164, §19 (AMD).] E. When licensed under this section, receive, possess for resale, sell or offer to sell gift baitfish or gift smelts. [PL 2021, c. 184, §9 (AMD).] 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 2021, c. 184, §9 (AMD).]

2-A. License required. [PL 2017, c. 164, §21 (RP).]

3. Issuance; eligibility. The commissioner may issue to a resident or nonresident upon payment of the appropriate fee: A. A live bait retailer's license that permits a person to possess for resale, sell or offer to sell live smelts and baitfish; [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. A baitfish wholesaler's license that permits a person to take and possess for resale, sell or offer to sell live baitfish; and [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. A smelt wholesaler's license that permits a person to take and possess for resale, sell or offer to sell live smelts. [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

4. Schedule of fees. The fees for licenses under this section are: A. For a live bait retailer's license, $16; [PL 2005, c. 12, Pt. III, §29 (AMD).] B. For a baitfish wholesaler's license, $26; and [PL 2005, c. 12, Pt. III, §29 (AMD).] C. For a smelt wholesaler's license, $71. [PL 2005, c. 12, Pt. III, §29 (AMD).] [PL 2005, c. 12, Pt. III, §29 (AMD).]

5. Live bait retailer's license authorizations and restrictions. The provisions of this subsection apply to the selling of live smelts and baitfish under a live bait retailer's license. A. The holder of a live bait retailer's license may: (1) Sell live baitfish or smelts acquired from a person licensed under this section to deal in live baitfish or smelts; (2) Designate others to assist in selling live smelts and baitfish at the license holder's business facility; (3) Transport live smelts and baitfish or designate another to transport live smelts and baitfish on the license holder's behalf; and (4) Possess more than the daily bag limit of smelts, provided that the smelts were acquired from a person licensed under this section to deal in live smelts. [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. The holder of a live bait retailer's license: (1) May not take or possess for the purposes of retail sale live baitfish or smelts from the inland waters of the State or private ponds; (2) Shall present a receipted invoice, bill of lading, bill of sale or other satisfactory evidence of the lawful possession of live baitfish or smelts for retail sale to any agent of the commissioner upon request. A person who violates this subparagraph commits a civil violation; or (3) May not possess at that person's place of business any species of fish that may not legally be sold as bait. Except for a violation of subparagraph (2), each day a person violates this paragraph that person commits a Class E crime for which the sentencing alternative may include only the penalties provided in Title 17‑A, section 1704, subsection 5 and Title 17‑A, section 1705, subsection 5 . [PL 2023, c. 431, §§16, 17 (AMD); PL 2023, c. 431, §23 (AFF).] [PL 2023, c. 431, §§16, 17 (AMD); PL 2023, c. 431, §23 (AFF).]

6. Baitfish wholesaler's license authorizations and restrictions. The provisions of this subsection apply to the taking and selling of baitfish under the baitfish wholesaler's license. A. The holder of a baitfish wholesaler's license may: (1) Take for the purpose of sale live baitfish from the inland waters of the State or from private ponds; (2) Use particles of food for the purpose of luring baitfish to a baitfish trap, a dip net, a drop net, a lift net or a bag net; (3) Designate others to assist the holder in selling live baitfish at the holder's business facility; and (4) Transport live baitfish or designate another to transport live baitfish on the license holder's behalf. [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. The holder of a baitfish wholesaler's license may not: (1) When engaged in taking, or assisting in taking, live baitfish for resale from inland waters, fail to exhibit a baitfish wholesaler's license to any agent of the commissioner upon request. A person who violates this subparagraph commits a Class E crime for which the sentencing alternative may include only the penalties provided in Title 17‑A, section 1704, subsection 5 and Title 17‑A, section 1705, subsection 5 ; (2) Take baitfish other than by use of a seine as defined in section 10001, subsection 55 ; a baitfish trap as defined in section 10001, subsection 7 ; a dip net, a drop net, a lift net or a bag net; or by hook and line; (3) Attempt to take from the inland waters live baitfish for resale using drop nets through the ice unless the license holder marks all holes made in the ice by that license holder for that purpose. The holes must be marked either by evergreen boughs placed around the hole or by suspending at least one strand of fluorescent biodegradable tape at least 3 feet above the ice around the entire perimeter of the hole so that the tape is visible from all sides; (4) Take eels; or (6) Possess at that person's place of business any species of fish that may not legally be sold as bait. Except for a violation of subparagraph (1), each day a person violates this paragraph that person commits a Class E crime for which the sentencing alternative may include only the penalties provided in Title 17‑A, section 1704, subsection 5 and Title 17‑A, section 1705, subsection 5 . [PL 2025, c. 248, §§1-3 (AMD).] [PL 2025, c. 248, §§1-3 (AMD).]

7. Smelt wholesaler's license authorizations and restrictions. The provisions of this subsection apply to the taking and selling of live smelts under the smelt wholesaler's license. A. The holder of a smelt wholesale dealer's license may: (1) Take live smelts for resale from inland waters or private ponds. The taking of live smelts from inland waters must be in accordance with general rules adopted by the commissioner in regard to the taking of smelts. Except as provided in paragraph B , the holder of a smelt wholesaler's license shall comply with the same daily bag limit and the same tackle restrictions that apply to all other anglers and is subject to the same penalties for violations of those limits and restrictions. This subparagraph does not apply to a holder of a fish cultivator license as provided under section 12507 ; (2) Beginning on the date the body of water on which the smelts are taken is open to ice fishing and ending March 31st annually, use a drop net, lift net or hook and line to take up to 8 quarts of smelts through human-made openings in the ice while fishing on the ice from specific inland waters designated by the commissioner. A dip net may be used in conjunction with the above methods to assist with the handling and transporting of smelts. A licensee may keep the daily bag limit alive. The daily bag limit established under this subparagraph is for a 24-hour period, beginning at noon on a given day and ending at 11:59 a.m. the following day; (2-A) In waters naturally free of ice, take smelts from noon to 2:00 a.m. by the use of a dip net in the usual and ordinary way. The commissioner may establish the daily bag limit by rule and a licensee may keep the daily bag limit of smelts alive. The daily bag limit established under this subparagraph is for a 24-hour period, beginning at noon on a given day and ending at 11:59 a.m. the following day. The commissioner may shorten the noon to 2:00 a.m. smelt fishing time frame by rule for enforcement or conservation purposes; (3) Use artificial light for the purpose of luring smelts to a drop net or a lift net; (4) Transport or possess at the holder's business facility more than the daily bag limit of smelts provided that the smelts were taken by the license holder in accordance with this section or acquired from a person licensed under this section to deal in live smelts; (5) Designate others to assist in selling live smelts at the holder's business facility; and (6) Transport or designate others to transport on the license holder's behalf live smelts in accordance with this subsection. [RR 2021, c. 2, Pt. B, §77 (COR).] B. The holder of a smelt wholesale dealer's license may not: (1) When engaged in taking, or assisting in taking, live smelts for resale from inland waters, fail to exhibit the license to any agent of the commissioner upon request. A person who violates this subparagraph commits a Class E crime for which the sentencing alternative may include only the penalties provided in Title 17‑A, section 1704, subsection 5 and Title 17‑A, section 1705, subsection 5 ; (2) Take multiple bag limits from waters governed by general rules regulating the taking of smelts in order to attain the 8-quart limit of smelts described in paragraph A , subparagraph (2); (3) Use a seine to take smelts; (4) Transport or possess at the holder's business facility more than the daily bag limit of smelts at any time unless the smelts were acquired in accordance with paragraph A , subparagraph (4). If the smelts were purchased from another person, the license holder must present a receipted invoice, bill of lading or bill of sale to any agent of the commissioner upon request; (5) Transport from an inland water source to the licensee's place of business more than 8 quarts of live smelts; (6) Permit any person to transport live smelts on the license holder's behalf directly from an inland water source; (7) Attempt to take from the inland waters of the State live smelts for resale using drop nets through the ice unless the license holder marks all holes made in the ice by that license holder for that purpose. The holes must be marked either by evergreen boughs placed around the hole or by suspending at least one strand of fluorescent biodegradable tape at least 3 feet above the ice around the entire perimeter of the hole so that the tape is visible from all sides; (8) Take smelts unless the holder uses an operable commercially manufactured number 14 fish grader to sort smelts by size during the taking of smelts. The holder shall liberate immediately all undersized smelts alive into the waters from which they were taken. For the purpose of this subparagraph, a commercially manufactured number 14 grader is a grader having a minimum grate size of 14/64 inches and that allows smelts to pass through at least 2 sides and the bottom of the grader. The commissioner may adopt rules to amend the grate size restrictions under this subparagraph if the commissioner determines such rules are necessary for conservation or enforcement purposes; (9) Possess at that person's place of business any species of fish that may not legally be sold as bait; (10) Use particles of food or any other type of bait or lure except light to lure smelts to a drop net or a lift net; or (11) Use a dip net to take smelts unless that dip net meets the requirements under section 10001, subsection 12‑A . Except for a violation of subparagraph (1), each day a person violates this paragraph that person commits a Class E crime for which the sentencing alternative may include only the penalties provided in Title 17‑A, section 1704, subsection 5 and Title 17‑A, section 1705, subsection 5 . [PL 2023, c. 431, §§20, 21 (AMD); PL 2023, c. 431, §23 (AFF).] For purposes of this subsection, live smelts are considered in possession of the licensee once the smelts have been removed from the inland waters and placed in a container. [PL 2023, c. 431, §§20, 21 (AMD); PL 2023, c. 431, §23 (AFF).]

8. Effect of revoked or suspended license. A person whose license to deal in live smelts and baitfish has been revoked or suspended pursuant to section 10902 may not assist another dealer in selling or transporting live smelts and baitfish. A person who violates this subsection commits a class E crime. [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

9. Inspection of live smelts and baitfish. A person licensed under this section who possesses live smelts or baitfish at a fixed place of business shall make those fish available for inspection by a warden or a department fisheries biologist during normal business hours. A person licensed under this section who possesses live smelts or baitfish at a location other than the licensee's fixed place of business shall make those fish available for inspection by a warden or a department fisheries biologist at any time, upon request. [PL 2003, c. 655, Pt. B, §259 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

9-A. Record inspection. Records retained as required in this section must be open for inspection by the commissioner or the commissioner's agent. [PL 2011, c. 253, §30 (NEW).]

10. Reports required. A person licensed under this section must submit a report on forms provided by the department with the following information: name and location, including the town and county of waters fished; date fished; total catch; gear type; and number of nets used. The report must be submitted by May 31st of each year. A person who has not submitted this report may be prohibited from obtaining a license under this section. A person who is prohibited from obtaining a license under this section may submit an appeal to the commissioner. All data submitted as part of the report are for scientific purposes only and are confidential and not a public record within the meaning of Title 1, chapter 13, subchapter 1 , except that the commissioner may disclose data collected under this subsection if that data are released in a form that is statistical or general in nature. [PL 2005, c. 237, §4 (NEW).]