12 M.R.S. § 6671 — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6671
12 §6671. Municipal shellfish conservation programs
Status: repealed

1. Municipal funds. Any municipality may, by vote of its legislative body, raise and appropriate money for the implementation of a shellfish conservation program. [PL 1977, c. 661, §5 (NEW).]

1-A. Municipal fines. In accordance with Title 30‑A, section 3001 , a fine collected pursuant to this section must be paid to the municipality in which the violation occurred. [PL 2009, c. 24, §1 (NEW).]

2. Municipal program and ordinance. Any municipality may, by vote of its legislative body, adopt, amend or repeal a shellfish conservation ordinance as provided by this section. A municipality may establish a municipal shellfish management committee to administer a municipal program. [PL 2001, c. 188, §1 (AMD).]

3. Shellfish conservation ordinance. The following provisions govern a shellfish conservation ordinance. A. Within any area of the intertidal zone within the municipality, a shellfish conservation ordinance may: (1) Regulate or prohibit the possession of shellfish; (2) Fix the amount of shellfish that may be taken; (3) Provide for protection from shellfish predators; (4) Authorize the municipal officials to open and close flats under specified conditions; (5) Specify areas of the intertidal zone in which the dragging of mussels may be limited to the degree necessary to support a municipal shellfish conservation program; (6) Establish a minimum size limit for possession of shellfish regulated in the ordinance, as long as those size limits are as strict or stricter than any minimum size limit set in this chapter or by rule, except that an ordinance must establish minimum size limits for possession of soft-shell clams that are at least as strict as those limits established in section 6681 ; and (7) Establish a maximum size limit for possession of shellfish regulated in the ordinance, as long as those size limits are as strict or stricter than any maximum size limit set in this chapter or by rule. [PL 2019, c. 144, §1 (AMD).] B. [PL 2019, c. 144, §2 (RP).] C. Except as provided in section 6621, subsection 3, paragraph C , a program or ordinance may not allow surveying, sampling or harvesting of shellfish in areas closed by regulation of the commissioner. [PL 2001, c. 188, §2 (NEW).] [PL 2019, c. 144, §§1, 2 (AMD).]

3-A. Shellfish conservation licensing. A shellfish conservation ordinance may fix the qualifications for a license, including municipal residency, subject to the following provisions. A. [PL 2001, c. 188, §3 (RP).] A-1. The following exceptions apply. (1) An individual is not required to hold a shellfish license issued by the commissioner under section 6601 in order to obtain a municipal commercial license. (2) A municipality may issue licenses under this section regardless of whether or not the area has been closed by the commissioner. (3) An individual taking shellfish from a closed area for depuration under a depuration certificate issued by the commissioner is not required to hold a municipal shellfish license. [PL 2001, c. 188, §3 (NEW).] B. A shellfish conservation ordinance may fix license fees as follows. (1) If the ordinance sets a fee of $200 or less for a resident license, the fee for a nonresident license may not exceed twice the resident fee. (2) If the ordinance sets a fee of more than $200 for a resident license, the fee for a nonresident license may not exceed 1 1/2 times the resident fee. [PL 1997, c. 589, §1 (RPR); PL 1997, c. 589, §2 (AFF).] C. Application methods and procedures for licenses may be determined by the shellfish conservation ordinance subject to the provisions of this section. Notice of the number and the procedure for application must be published in a trade or industry publication or in a newspaper or combination of newspapers with general circulation that the municipal officers consider effective in reaching individuals affected not less than 10 days prior to the period of issuance and must be posted in the municipal offices until the period of issuance concludes. The period of issuance for resident and nonresident licenses must be the same. Subsequent to the period of issuance, the municipality shall make any resident or nonresident licenses not granted during the period available to residents or nonresidents. [PL 2001, c. 188, §3 (AMD).] D. Except as otherwise provided in this section, a shellfish conservation ordinance may not discriminate between resident license holders and nonresident license holders. [PL 2001, c. 188, §3 (AMD).] E. A licensing authority shall provide and reserve a minimum number of commercial licenses for nonresidents. The number of nonresident commercial licenses may not be less than 10% of the number of commercial licenses provided for residents. When the number of resident commercial licenses is fewer than 10 but more than 5, at least one nonresident commercial license must be provided. When the number of resident commercial licenses is 5 or fewer, nonresident commercial licenses are not required. [PL 2001, c. 188, §3 (AMD).] F. When 2 or more municipalities have entered into a regional shellfish management agreement pursuant to subsection 7 , the combined total number of commercial licenses for nonresidents provided by those municipalities must be a number not less than 10% of the combined total number of commercial licenses issued for residents. When the combined total number of resident commercial licenses is fewer than 10 but more than 5, at least one nonresident commercial license must be provided. When the combined total number of resident commercial licenses is 5 or fewer, nonresident commercial licenses are not required. [PL 1995, c. 531, §2 (AMD).] G. [PL 2001, c. 188, §3 (RP).] G-1. A licensing authority that issues recreational licenses to residents shall also make available to nonresidents recreational licenses. The number of nonresident recreational licenses may not be less than 10% of the number of recreational licenses issued to residents. For the purposes of this paragraph, "recreational license" means a license that authorizes a person to take or possess shellfish only for personal use. [PL 2001, c. 188, §3 (NEW).] For purposes of this subsection, "licensing authority" means a municipality or 2 or more municipalities that have entered into a regional shellfish management agreement pursuant to subsection 7 . [PL 2001, c. 188, §3 (AMD).]

4. Adoption requirements. Shellfish conservation ordinances may be adopted under this section by municipalities or unorganized townships. A. Prior to adopting an ordinance, a municipality or unorganized township shall raise or appropriate money for a shellfish conservation program. [PL 1999, c. 255, §3 (AMD); PL 1999, c. 255, §8 (AFF).] B. An ordinance proposed by a municipality or unorganized territory under this section must be approved in writing by the commissioner prior to its adoption, except that the commissioner may not withhold approval based on the amount of license fees specified in an ordinance. [PL 1999, c. 255, §4 (AMD); PL 1999, c. 255, §8 (AFF).] C. Unorganized townships may adopt ordinances if: (1) At least 10 inhabitants have petitioned the county commissioners to adopt the ordinances; (2) The county commissioners of the townships have held a public hearing with at least 7 days' prior notice in one of the affected townships; and (3) A majority of the inhabitants eligible to vote voting at referendum approve the ordinances. The county commissioners act as the municipal legislative body within unorganized townships that have elected to adopt ordinances under this section. [PL 2001, c. 188, §4 (RPR).] [PL 2001, c. 188, §4 (AMD).]

4-A. State parks. The commissioner shall consult with the Commissioner of Agriculture, Conservation and Forestry in review of any municipal ordinance that affects intertidal areas located within state parks. The commissioner may not approve any ordinance that threatens any important resources or provides insufficient opportunity for recreational shellfish harvesting within state parks. [PL 1983, c. 418 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]

4-B. Management program approval. The commissioner may adopt rules that set the criteria that municipal shellfish conservation programs and ordinances must meet in order to be approved by the commissioner. [PL 2001, c. 188, §5 (AMD).]

5. Period of ordinance. Ordinances or amendments to an ordinance adopted under this section remain in effect until repealed by the municipality or rescinded by the commissioner. A certified copy of the ordinance or amendment to the ordinance must be filed with the commissioner within 20 days of its adoption. If a copy of the ordinance or an amendment to the ordinance is not filed within 20 days, the ordinance reverts to the ordinance previously in effect until the new ordinance or amendment is filed. [PL 2001, c. 667, Pt. B, §6 (RPR).]

6. Municipality defined. For the purposes of this section, municipality includes: A. Village corporations; and [PL 1991, c. 390, §6 (AMD).] B. The combined towns of Yarmouth and North Yarmouth. [PL 1991, c. 390, §6 (AMD).] C. [PL 1991, c. 390, §7 (RP).] [PL 1991, c. 390, §§6, 7 (AMD).]

7. Joint programs; reciprocal privileges. Municipalities may enter into regional shellfish management agreements with other municipalities and adopt regional shellfish management programs. The agreements, and the programs and ordinances adopted under them, are subject to the same requirements as municipal programs and ordinances. Resident privileges of one municipality in a regional shellfish management agreement may be extended to the residents of other municipalities in the agreement. A regional shellfish management committee comprised of at least one resident from each municipality named in the regional agreement may be established to administer a regional program. [PL 2001, c. 188, §7 (AMD).]

8. Local enforcement. The following provisions apply to enforcement. A. A municipality that enacts an ordinance under this section is responsible for enforcing it. [PL 2001, c. 188, §8 (AMD).] B. Any municipal shellfish conservation warden appointed by a municipality to enforce the provisions of this article must be certified by the commissioner within one year of the warden's appointment. The commissioner shall establish a program to provide shellfish conservation training in principles of shellfish conservation, management, enforcement and protection and shall establish standards for certification of municipal conservation wardens upon their satisfactory completion of the training program. The commissioner may establish by rule procedures for certification, recertification and revocation of certification. The commissioner may revoke a certificate for failure of the warden to comply with performance standards. [PL 2013, c. 301, §14 (AMD).] C. A certified municipal shellfish conservation warden shall enforce the shellfish ordinances of the municipality employing the warden and, if the warden is authorized by the municipality and meets the training requirements of Title 25, section 2804‑I , the warden may arrest all violators. The warden may serve all process pertaining to the ordinance. The warden also has, within that warden's jurisdiction, the powers of a marine patrol officer provided in section 6025, subsection 4 and the authority to enforce section 6621 . All of the powers conferred in this subsection are limited to the enforcement of a municipal shellfish conservation ordinance and section 6621 . At the commissioner's request, a certified municipal shellfish conservation warden may collect samples and otherwise assist the department in the detection of pollutants and contaminants. The commissioner is not required to conduct tests on samples not requested by the commissioner. [PL 2005, c. 171, §1 (AMD).] D. Enforcement by the municipality of any provision adopted by a municipality pursuant to this section may occur only in the municipality in which the shellfish is harvested. [PL 2019, c. 144, §3 (NEW).] [PL 2019, c. 144, §3 (AMD).]

9. Penalty. [PL 1993, c. 281, §3 (RP).]

10. Criminal penalty. A person who violates a provision of a municipal ordinance adopted under this section commits a Class D crime punishable by the following fines: A. For harvesting shellfish from an area closed for conservation purposes: (1) For the first offense by a commercial license holder, a fine of not less than $300; (2) For subsequent offenses by a commercial license holder, a fine of not less than $500 and not more than $1,500; (3) For the first offense by a recreational license holder, a fine of not less than $100; and (4) For subsequent offenses by a recreational license holder, a fine of not less than $100 and not more than $500; or [PL 2005, c. 171, §2 (AMD).] B. For violating any other provision of a municipal ordinance adopted under this section, a fine of not less than $100 and not more than $1,500. [PL 2005, c. 171, §2 (AMD).] The court may not suspend a fine imposed under this subsection or impose a penalty other than the monetary payment of a fine as provided in this subsection. For purposes of this subsection, "recreational license" means a license that authorizes a person to take or possess shellfish only for personal use. A fine for a violation of article 5 must be as provided by section 6681 . [PL 2005, c. 171, §2 (AMD).]

10-A. Civil penalty. A person who harvests shellfish without a municipal shellfish license or in violation of a license restriction commits a civil violation for which the following fines may be adjudged: A. For harvesting shellfish without a municipal shellfish license: (1) For commercial purposes, a fine of not less than $300 and not more than $1,000. Possession of more than one peck of clams without a license is prima facie evidence of a violation of this subparagraph; and (2) For personal use, a fine of not less than $100 and not more than $500; and [PL 2013, c. 468, §31 (AMD).] B. For harvesting shellfish in violation of a license restriction: (1) By a commercial license holder, a fine of not less than $300 and not more than $1,000; and (2) By a recreational license holder, a fine of not less than $100 and not more than $500. [PL 2013, c. 468, §31 (AMD).] The court may not suspend a fine imposed under this subsection or impose a penalty other than the monetary payment of a fine as provided in this subsection. For the purposes of this subsection, "recreational license" means a license that authorizes a person to take or possess shellfish only for personal use. [PL 2013, c. 468, §31 (AMD).]

10-B. Molesting municipal shellfish gear placed in protected areas. A municipality may, as part of a municipal shellfish conservation program, place protective netting, fencing, traps or other gear in the intertidal zone to provide protection from shellfish predators. Any netting, fencing, traps or other gear placed for this purpose must be clearly marked with signs or tags that identify the municipality that placed the gear and indicate the purpose of the gear. A. A person may not tamper with, molest, disturb, alter, destroy or in any manner handle gear placed by a municipality in accordance with this subsection. [PL 2013, c. 517, §1 (NEW).] B. A person who violates paragraph A commits a civil violation for which a fine of not less than $300 and not more than $1,000 may be adjudged. [PL 2013, c. 517, §1 (NEW).] [PL 2013, c. 517, §1 (NEW).]

10-C. Prohibition. [PL 2013, c. 517, §1 (NEW); MRSA T. 12 §6671, sub-§10-C (RP).]

11. Certificate as evidence. A certificate of the clerk of the municipality or any other custodian of the records of a municipal shellfish conservation ordinance adopted under this section stating what the records of the municipality show is admissible as evidence in all courts as proof of the municipal records. A certificate stating that the records do not show that a person held a license is prima facie evidence that the person did not hold the license on the date specified in the certificate. A certificate stating that the records show that a shellfish conservation ordinance or portions of an ordinance were in effect on a particular date is prima facie evidence that the ordinance was in effect on the date specified in the certificate. The certified copy is admissible in evidence on the testimony of a municipal shellfish conservation warden that the warden received the certificate after requesting it from the municipality. Further foundation is not necessary for the admission of the certificate. [PL 1999, c. 255, §7 (NEW); PL 1999, c. 255, §8 (AFF).]

12. Intertidal mussel harvesting. With the advice of the municipality, the commissioner may issue a permit to an individual licensed pursuant to section 6746 that authorizes the permit holder to fish for and take mussels from an area designated by the municipality pursuant to subsection 3 . The commissioner shall limit the number of permits issued for a designated area to that number the commissioner determines is necessary to achieve the goals of the municipality's shellfish conservation program. The permit may specify limits on the amount of mussels taken, when the mussels may be taken and gear usage and any other conditions necessary for consistency with the shellfish conservation program. [PL 2007, c. 494, §2 (NEW).]

For the purposes of this section, "intertidal zone" means the shores, flats or other land below the high-water mark and above subtidal lands. [PL 2017, c. 350, §2 (NEW).]
12 M.R.S. § 8867-D — ME Code / Title 12 / Part 11 / Chapter 805 / Section 8867-D
12 §8867-D. Regulation of timber harvesting and timber harvesting activities within the unorganized and deorganized areas of the State
Status: in_force

Beginning November 1, 2012, the director of the bureau shall administer and enforce the regulation of timber harvesting and timber harvesting activities in areas classified as protection districts and management districts by the commission in accordance with section 685‑A . The Commissioner of Agriculture, Conservation and Forestry shall establish standards in rule to implement this section. [PL 2011, c. 599, §4 (NEW); PL 2011, c. 657, Pt. W, §§6, 7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

The initial rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . Subsequent amendments to those rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 599, §4 (NEW).]
12 M.R.S. § 1891 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1891
12 §1891. Allagash Wilderness Waterway Advisory Council; established (REALLOCATED TO TITLE 12, SECTION 1890-A)
Status: in_force

(REALLOCATED TO TITLE 12, SECTION 1890-A)There is established within the bureau the Maine Conservation Corps, referred to in this chapter as "the Corps," to provide job training, education and work opportunities for the economically disadvantaged, to improve public property for the increased use and enjoyment of the public, to provide conservation education, to promote and manage volunteer opportunities related to natural resources and to assist public and nonprofit organizations with projects that serve a valid public purpose and have purposes consistent with this subchapter. [PL 2007, c. 240, Pt. NN, §2 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] Revisor's Note: §1891. Allagash Wilderness Waterway Advisory Council; established (As enacted by PL 2007, c. 146, §3 is REALLOCATED TO TITLE 12, SECTION 1890-A)
12 M.R.S. § 6005 — ME Code / Title 12 / Part 9 / Chapter 601 / Section 6005
12 §6005. Labeling shellfish
Status: in_force

A person who is authorized to hold or possess shellfish under chapter 623 may not label shellfish sold alive using the words "product of Maine" or any other similar words or terms that misleadingly suggest the shellfish was taken from the waters of this State unless the shellfish was in fact taken from the waters of the State. [PL 2011, c. 234, §1 (NEW).]

The sale of shellfish labeled in violation of this section is a deceptive business practice in violation of Title 17-A, section 901 . A violation of this section that results in a conviction under Title 17-A, section 901 is considered a conviction for a violation of a marine resources law under section 6351, subsection 1, paragraph A . [PL 2011, c. 234, §1 (NEW).]
12 M.R.S. § 6207 — ME Code / Title 12 / Part 9 / Chapter 609 / Section 6207
12 §6207. Seizure and disposition of equipment and organisms
Status: in_force

Any marine organism that is taken, bought, sold, shipped, transported or found in the possession of any person in violation of any provision of marine resources laws and all currency that is used in violation of any provision of marine resources laws is contraband and is subject to forfeiture in accordance with this section and section 6206 . All equipment and vehicles used or possessed in violation of any provision of marine resources laws are contraband and are subject to forfeiture. [PL 2019, c. 163, §1 (AMD).]

1. May be seized without warrant; marine patrol officer's duty to libel; contents of libel. Whenever a marine patrol officer seizes any organism or equipment and does not return them to the owner, the marine patrol officer shall within a reasonable time file a libel with a judge. The marine patrol officer shall insert the following information in the libel: A. The description of the items seized by the marine patrol officer; [RR 2021, c. 2, Pt. B, §39 (COR).] B. A statement of the date and place of seizure; [PL 1977, c. 661, §5 (NEW).] C. A statement of the violation that causes the seizure; and [PL 1977, c. 661, §5 (NEW).] D. A prayer for a decree of forfeiture of those items. [PL 1977, c. 661, §5 (NEW).] [RR 2021, c. 2, Pt. B, §39 (COR).]

2. Items which need not be libeled. The following items need not be libeled: A. If the aggregate value of all items seized is less than $200, unless there is reasonable doubt as to their ownership; and [PL 2013, c. 468, §2 (AMD).] B. All marine organisms of illegal size, shellfish taken from polluted areas, shellfish or shellfish products embargoed, condemned or ordered destroyed by the commissioner, female egg-bearing lobsters, V-notched female lobsters, lobsters which have been mutilated so that their size cannot be determined, female lobsters which have been mutilated so as to obliterate a V-notch, female lobsters which have had the eggs removed by other means than natural hatching, and any other marine organism, the possession of which is unlawful throughout the State. [PL 1981, c. 433, §4 (AMD).] [PL 2013, c. 468, §2 (AMD).]

3. Order of notice; contents. The judge to whom the libel is directed shall fix a time for the hearing of the libel. The judge shall issue an order of notice to all persons interested. The judge shall insert in the order of notice the following: A. A citation to all persons interested to appear at the time and place appointed for the hearing and show cause, if any, why the items described in the libel should not be declared forfeited to the State; [PL 1977, c. 661, §5 (NEW).] B. The time and the place fixed for the hearing; and [PL 1977, c. 661, §5 (NEW).] C. An order that a true copy of the libel and the order of the notice, attested by the marine patrol officer, be mailed to the person from whom the items were seized at that person's last known address and posted in 2 conspicuous places in the municipality, or place where the items were seized, at least 10 days before the day set for the hearing. [PL 2013, c. 468, §3 (AMD).] [RR 2021, c. 2, Pt. B, §40 (COR).]

4. Sale or disposition of marine organisms prior to libel. Any marine organism seized pursuant to this section may be sold prior to being libeled under this section by any marine patrol officer. The proceeds of the sale must be libeled in accordance with this section. A. The officer may sell organisms at public or private sale and hold any proceeds of the sale until the libel is completed. [PL 2013, c. 468, §4 (RPR).] B. [PL 2013, c. 468, §4 (RP).] C. All money received from the sale of marine organisms sold in accordance with this subsection must be in the form of a certified or cashier's check made out to the Department of Marine Resources. [PL 2013, c. 468, §4 (NEW).] [PL 2013, c. 468, §4 (RPR).]

5. Items or proceeds forfeited if no court appearance. If no claimant appears at the time of the hearing on the libel, on return of service of the officer in compliance with the order of notice, the judge shall declare the items forfeited to the State. A. If the items have been sold in accordance with subsection 4 , the officer shall turn the proceeds over to the commissioner, who shall deposit them in the Marine Science, Management and Enforcement Fund established under subsection 12 . [PL 2013, c. 468, §5 (AMD).] [PL 2013, c. 468, §5 (AMD).]

6. Duty of claimant to file written claim on or before hearing day; contents. Any person who claims title or the right to possession of any item listed in the libel shall file a written claim with the judge on or before the day set for hearing. The claim shall contain the following: A. A statement of the claimant's claimed title or right and its foundation; [RR 2021, c. 2, Pt. B, §41 (COR).] B. A statement of the specific items claimed; [PL 1977, c. 661, §5 (NEW).] C. A statement of the date and place of the seizure, and the name of the officer by whom they were seized; [PL 1977, c. 661, §5 (NEW).] D. A statement that the items claimed were not held in possession or use, with the claimant's knowledge or consent, in violation of any provision of marine resources' laws; [RR 2021, c. 2, Pt. B, §42 (COR).] E. A statement of the claimant's business and place of residence; and [RR 2021, c. 2, Pt. B, §43 (COR).] F. The claimant shall sign and make oath to the claim before the judge. [RR 2021, c. 2, Pt. B, §44 (COR).] [RR 2021, c. 2, Pt. B, §§41-44 (COR).]

7. Claimant admitted as party; hearing. If a person makes claim as provided in subsection 6, the judge shall admit the claimant as a party to the process, shall proceed to determine the truth of the allegations in the claim and libel and shall hear any relevant evidence offered by the libelant or the claimant. [RR 2021, c. 2, Pt. B, §45 (COR).]

8. Court order if claimant found entitled to any item claimed. If the judge upon hearing is satisfied that an item listed in the claimant's claim was not, with the claimant's knowledge or consent, used or possessed in violation of a provision of marine resources' laws, and that the claimant has title or is entitled to possession of that item, the judge shall give the claimant an order in writing. The judge shall direct the order to the libelant commanding the libelant to deliver the item to the claimant, or, if the item has been sold, to deliver the proceeds of the sale to the claimant, within 48 hours after the demand. [RR 2021, c. 2, Pt. B, §46 (COR).]

9. Forfeiture; executions for cost; appeal; recognizance. If the judge finds that the claimant is not entitled to any item claimed, the judge shall render judgment against the claimant for the State for costs to be taxed as in civil cases before the judge. The judge shall issue an execution for the costs as in civil cases. The judge shall declare the articles forfeited to the State. If the items have been sold in accordance with subsection 4 , the officer shall turn the proceeds of the sale over to the commissioner, who shall deposit them in the Marine Science, Management and Enforcement Fund established under subsection 12 . A. The claimant may appeal to the Superior Court next to be held within the county where the judge's court is located, and, if the claimant appeals, the judge may order the claimant to recognize with sureties as on appeals in civil cases. [PL 2013, c. 468, §6 (AMD).] B. The judge may order that the items or proceeds of sale remain in the custody of the officer pending the appeal. [PL 1977, c. 661, §5 (NEW).] [PL 2013, c. 468, §6 (AMD).]

10. Disposition of forfeited items. The officer shall turn over any articles declared forfeited to the commissioner who shall dispose of them. [PL 1977, c. 661, §5 (NEW).]

11. Report to commissioner. The officer making any seizure under this section shall, within 10 days thereafter, report to the commissioner all the particulars of the seizure, the sale or other disposition, the court action taken and all expenses involved. [PL 1979, c. 541, Pt. B, §73 (AMD).]

12. Science, management and enforcement fund. The Marine Science, Management and Enforcement Fund, referred to in this subsection as "the fund," is established within the department. The fund receives all funds deposited by the commissioner pursuant to this section. All money received by the fund must be used to fund scientific research, management or enforcement activities related to marine resources. Unexpended balances in the fund at the end of a fiscal year do not lapse but must be carried forward to the next fiscal year to be used for the purposes of the fund. Any interest earned on the money in the fund must be credited to the fund. To the extent practicable, funds received from the sale of items or articles forfeited under this section as a result of a violation of law relating to a particular species must be used for scientific research, management or enforcement activities related to that species. [PL 2013, c. 468, §7 (NEW).]
12 M.R.S. § 6001 — ME Code / Title 12 / Part 9 / Chapter 601 / Section 6001
12 §6001. Definitions
Status: in_force

For the purposes of this Part, the following words shall have the following meanings, unless a different meaning is required by the context. [PL 1977, c. 661, §5 (NEW).]

1. Aquaculture. "Aquaculture" means the culture or husbandry of marine organisms by any person. [PL 1977, c. 661, §5 (NEW).]

1-A. Alewives. [PL 2011, c. 598, §2 (RP).]

2. Atlantic salmon. "Atlantic salmon" means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. [PL 1999, c. 401, Pt. BB, §2 (AMD).]

3. Bulk pile. "Bulk pile" means any pile or the contents of any box, barrel or other container. [PL 1977, c. 661, §5 (NEW).]

4. Buy. "Buy" means to buy or purchase and includes offering to buy. [PL 1977, c. 661, §5 (NEW).]

5. Car. "Car" means a lobster car, crate, box or other contrivance, whether sunken or floating, that may be used in coastal waters to hold live lobsters. [PL 1977, c. 661, §5 (NEW).]

6. Coastal waters. "Coastal waters" means all waters of the State within the rise and fall of the tide out to the limits of the exclusive economic zone as shown on the most recently published Federal Government nautical chart, but it does not include areas above any fishway or dam when the fishway or dam is the dividing line between tidewater and fresh water. [PL 2001, c. 272, §1 (AMD).]

6-A. Commercial fisheries business. "Commercial fisheries business" means an enterprise directly or indirectly concerned with the commercial harvest of wild or aquacultured marine organisms, whose primary source of income is derived from these activities. "Commercial fisheries business" includes, but is not limited to: A. Persons who fish under a commercial license, aquaculturists and cooperatives of persons who fish under a commercial license; [RR 2021, c. 2, Pt. B, §18 (COR).] B. Persons providing direct services to persons who fish commercially, aquaculturists or cooperatives of persons who fish commercially, as long as provision of these direct services requires the use of working waterfront property; and [RR 2021, c. 2, Pt. B, §19 (COR).] C. Municipal and private piers and wharves operated to provide waterfront access to persons who fish commercially, aquaculturists or cooperatives of persons who fish commercially. [RR 2021, c. 2, Pt. B, §20 (COR).] [RR 2021, c. 2, Pt. B, §§18-20 (COR).]

7. Commissioner. "Commissioner" means Commissioner of Marine Resources. [PL 1977, c. 661, §5 (NEW).]

8. Common carrier. "Common carrier" means a vehicle that is: A. Operating under authority granted by either the Federal Government or the carrier’s home state; and [PL 2007, c. 615, §1 (NEW).] B. Transporting goods for hire and the carrier does not own the marine organisms being transported. [PL 2007, c. 615, §1 (NEW).] [PL 2007, c. 615, §1 (RPR).]

9. Conservation. "Conservation" means providing for the development and wise utilization of the state's marine resources, protecting the ultimate supply for present and future generations, preventing waste and implementing sound management programs. [PL 1977, c. 661, §5 (NEW).]

10. Crayfish. "Crayfish" means all species from either fresh or salt water including, but not limited to, the family Palinuridae, including the representative genera Jasus and Palinurus, which have been called by such terms including, but not limited to, rock lobster, spiny lobster, sea crawfish, red lobster, thorny lobster, langoust, langoustini, langostino, crayfish, Sidney crawfish, kreef, Cuban rock lobster, African lobster or African crawfish. [PL 1989, c. 348, §2 (AMD).]

11. Crew member. "Crew member" means any person assisting in operating or attending gear or operating a boat while fishing. [PL 1977, c. 661, §5 (NEW).]

12. Dealer. "Dealer" means any person who buys, sells or distributes any marine organism. [PL 1977, c. 661, §5 (NEW).]

13. Department. "Department" means the Department of Marine Resources. [PL 1977, c. 661, §5 (NEW).]

13-A. Engage. "Engage" means engage or attempt to engage. [PL 1979, c. 541, Pt. B, §13 (NEW).]

13-B. Equipment. "Equipment" means a box, trap, crate, net or other device or machinery used to harvest or store marine organisms. [PL 1989, c. 742, §1 (NEW).]

13-C. Dip net. "Dip net" means a device consisting of a rigid frame filled with netting, firmly attached to a rigid handle and manually operated by a single person. [PL 1995, c. 536, Pt. A, §1 (NEW).]

13-D. Eel. "Eel" means a member of the species Anguilla rostrata in that stage of its life cycle when it is 6 inches or more in length. [PL 1995, c. 536, Pt. A, §1 (NEW).]

13-E. Eel pot. "Eel pot" means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. An eel pot is 50 cubic feet or less in total volume and utilizes wire or slatting no smaller than 1/2 inch square measure. [PL 1995, c. 536, Pt. A, §1 (NEW).]

13-F. Elver. "Elver" means a member of the species Anguilla rostrata in that stage of its life cycle when it is less than 6 inches in length. [PL 1995, c. 536, Pt. A, §1 (NEW).]

13-G. Elver fyke net. "Elver fyke net" means a fyke net that is 30 feet or less in length from cod end to either wing tip, is fitted with netting that measures 1/8-inch bar mesh or less, contains a 1/2-inch or less bar mesh excluder panel that covers the entrance of the net, and consists of not more than one funnel end, one cod end and 2 wings. [PL 1997, c. 575, §1 (AMD).]

13-H. Elver dip net. "Elver dip net" means a dip net with a hoop of not more than 30 inches in diameter and fitted with netting that measures 1/8 inch bar mesh or less. [PL 1999, c. 7, §1 (AMD).]

13-I. Established base of operations. "Established base of operations" means the location where a vessel has its primary relationship. Among the factors identifying a primary relationship are the locations at which the vessel is primarily moored or docked, where it prepares for expeditions and hires a crew and to which it regularly returns for repairs, supplies and activities relating to its business or trade. The fact that a vessel carries on one or more of these activities at more than one location within this State or at a location or locations outside this State does not prevent the vessel from being considered to have an established base of operations within the State if a substantial portion of these activities are carried on at a location or locations within this State. For purposes of this subsection, "substantial portion" means a period exceeding 30 days in any calendar year. [PL 2019, c. 225, §2 (AMD).]

14. Establishment. "Establishment" means the premises, buildings, structures, facilities and equipment, including vehicles, used in the buying, selling or processing of marine organisms. [PL 1977, c. 661, §5 (NEW).]

15. Finfish. "Finfish" means any cold-blooded marine animal having permanent gills and fins. [PL 1977, c. 661, §5 (NEW).]

15-A. Fishway. "Fishway" means a human-made device, including fish elevators, fishlocks and fish ladders, that is used to enable fish to migrate upstream past dams, waterfalls, rapids or other obstacles. [RR 2021, c. 2, Pt. B, §21 (COR).]

16. Fish, the noun. The noun "fish" means all finfish, squid and shrimp, or other marine animal, except lobsters, crabs, shellfish, scallops and marine worms. [PL 1977, c. 661, §5 (NEW).]

17. Fish, the verb. The verb "fish" means to take or attempt to take any marine organism by any method or means. [PL 1977, c. 661, §5 (NEW).]

17-A. Freshwater fish. "Freshwater fish" means the following fish species, when found in coastal waters as defined in subsection 6 : Brown trout; largemouth bass; smallmouth bass; black crappie; rainbow trout; brook trout; chain pickerel; and landlocked salmon. [PL 1987, c. 312, §1 (NEW).]

17-B. Fork length. "Fork length" means the greatest dimension between the most anteriorly projecting part of the head and the apex of the V formed by the caudal fin. The measurement is a straight line and is not taken over the curve of the body. [PL 1987, c. 690, §1 (NEW).]

17-C. Fyke net. "Fyke net" means a funnel-shaped net designed to intercept moving marine organisms and retain marine organisms in a confined space. [PL 1995, c. 536, Pt. A, §2 (NEW).]

18. Handline. "Handline" means a single line with no more than 5 hooks attached which is hand held. [PL 1977, c. 661, §5 (NEW).]

19. Hermetically sealed. "Hermetically sealed" means a container which has been made airtight by fusion so that no air, gas or spirits can either enter or escape, whether or not the container is sterilized by heat. It does not include friction cover containers or containers requiring refrigeration. [PL 1981, c. 433, §1 (AMD).]

20. Hook and line. "Hook and line" means a single line with no more than 5 hooks, including the commonly called rod and reel and handline. [PL 1977, c. 661, §5 (NEW).]

20-A. Hoop net. "Hoop net" means a stationary cylindrical net fitted with mesh measuring 1/2 inch or greater stretch measure, that is placed at the bottom of a body of water and has a diameter of 6 feet or less as measured at its widest point and has a length of 18 feet or less as measured from the cod end to the hoop that forms the mouth of the net. "Hoop net" includes wings or leads attached to the mouth of the hoop net. [PL 1995, c. 536, Pt. A, §2 (NEW).]

21. Intertidal zone. "Intertidal zone" means the shores, flats or other land between high and low water mark. [PL 1977, c. 661, §5 (NEW).]

22. License. "License" means a document issued by the State to a named person authorizing that person to engage in particular activities. License includes a permit, but does not include a certificate or lease. [PL 1977, c. 661, §5 (NEW).]

23. Lobster. "Lobster" means a crustacean of the genus Homarus americanus. [PL 1977, c. 661, §5 (NEW).]

24. Lobster trap. "Lobster trap" means a lobster trap, pot or other stationary contrivance or device that may be set on the ocean bottom and used for taking lobsters or crabs. [PL 1977, c. 661, §5 (NEW).]

24-A. Mahogany quahog. "Mahogany quahog" means a marine mollusk, Artica icelandica. [PL 1981, c. 297, §1 (NEW).]

25. Marine mollusk. "Marine mollusk" means any marine invertebrate animal of the phylum Mollusca, but shall not include squid or octopi. [PL 1977, c. 661, §5 (NEW).]

26. Marine organism. "Marine organism" means any animal, plant or other life that inhabits waters below head of tide. [PL 1997, c. 123, §1 (AMD).]

27. Marine resources. "Marine resources" means all renewable marine organisms and the entire ecology and habitat supporting those organisms. [PL 1977, c. 661, §5 (NEW).]

28. Marine resources' laws. "Marine resources' laws" means chapter 419 and Part 9 or any other statute authorizing the commissioner or department to undertake any activity, and any regulation authorized by these statutes. [PL 1977, c. 661, §5 (NEW).]

29. Marine species. "Marine species" means all marine animals except lobster, shellfish, marine worms and elvers. [PL 1995, c. 536, Pt. A, §3 (AMD); PL 1995, c. 536, Pt. A, §13 (AFF).]

30. Marine worms. "Marine worms" means sand, blood and clam worms. [PL 1977, c. 661, §5 (NEW).]

30-A. Pacific salmon. "Pacific salmon" means all species of the genus Onchorhynchus. [PL 1983, c. 662, §1 (NEW).]

31. Parlor section. "Parlor section" means that part of a lobster trap designed or intended to hold or detain lobsters until they are removed by the person operating the trap. [RR 2021, c. 2, Pt. B, §22 (COR).]

32. Permit. "Permit" means license. [PL 1977, c. 661, §5 (NEW).]

33. Person. "Person" means any individual, firm, corporation or agency or political subdivision of government. [PL 1977, c. 661, §5 (NEW).]

34. Personal use. "Personal use" means for consumption or use by oneself, by members of the immediate family or by invited guests. [PL 1977, c. 661, §5 (NEW).]

34-A. Possession. "Possession" means to have in one's custody or control, either personally or by another who is under one's control. [PL 1985, c. 24, §1 (NEW).]

35. Process, the verb. The verb "process" means handling, storing, cooking, preparing, producing, manufacturing, preserving, packing or other activity which could change the condition or form. [PL 1977, c. 661, §5 (NEW).]

35-A. Quahog. "Quahog" means a marine mollusk, Mercenaria mercenaria, commonly called hard shelled clams, and Artica icelandica, commonly called mahogany quahogs. [PL 1981, c. 297, §2 (NEW).]

36. Registered vessel. "Registered vessel" means: A. A vessel that is owned or operated by a person licensed under this Part; [PL 2005, c. 26, §2 (NEW).] B. A vessel that is used to bring a marine organism into the State or its territorial waters; [PL 2005, c. 26, §2 (NEW).] C. A vessel that is registered or has been issued a certificate of number under chapter 935 ; [PL 2005, c. 26, §2 (NEW).] D. A vessel documented in accordance with 46 United States Code, Chapter 121 that has designated a Maine port of hail; [PL 2005, c. 26, §2 (NEW).] E. A vessel that has been issued a certificate of number by the United States Coast Guard under 46 United States Code, Chapter 123 that has identified Maine as the state of principal use; or [PL 2005, c. 26, §2 (NEW).] F. A vessel that has an established base of operations within this State. [PL 2005, c. 26, §2 (NEW).] [PL 2005, c. 26, §2 (RPR).]

37. Retail. "Retail" means sale, trade or service directly to the consumer for the consumer's personal use. [RR 2021, c. 2, Pt. B, §23 (COR).]

37-A. Rigged. "Rigged" means to have on board the equipment necessary to undertake the activity. The commissioner shall determine by rulemaking what equipment is necessary to undertake the activity. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 26, §3 (AMD).]

37-B. River herring. "River herring" means the species Alosa pseudoharengus, commonly called alewife, and Alosa aestivalis, commonly called blueback herring. [PL 2011, c. 598, §3 (NEW).]

38. Scallop. "Scallop" means sea scallops, Placopecten magellanicus, and bay scallops, Argopecten irradians. [PL 2023, c. 207, §1 (AMD).]

38-A. Seaweed. "Seaweed" means all marine algae. [PL 1983, c. 116, §1 (NEW).]

39. Sell. "Sell" means to sell, offer to sell or expose for sale. [PL 1977, c. 661, §5 (NEW).]

40. Serve. "Serve" means the preparation of a marine organism for retail sale or consumption, but does not include shucking shellfish. [PL 1977, c. 661, §5 (NEW).]

40-A. Sheldon eel trap. "Sheldon eel trap" means a box trap with a netted wing 10 feet or less in length used to intercept and direct elvers into the trap. [PL 1997, c. 91, §3 (AMD).]

41. Shellfish. "Shellfish" means clams, quahogs, oysters, whole scallops and mussels and includes shellstock and shucked shellfish. [PL 2023, c. 207, §2 (AMD).]

42. Shellstock. "Shellstock" means shellfish which have not been removed from their shells. [PL 1977, c. 661, §5 (NEW).]

43. Ship, the verb. The verb "ship" means to send by a common carrier. [PL 1977, c. 661, §5 (NEW).]

44. Shucked shellfish. "Shucked shellfish" means shellfish or parts thereof which have been removed from their shells. [PL 1977, c. 661, §5 (NEW).]

44-A. Single hook. "Single hook" means a hook with no more than one eye and one shank to which one or more points is attached. [PL 1993, c. 498, §1 (NEW).]

45. Sunrise. "Sunrise" means the time given for sunrise as computed and established for Augusta, Maine, by the Nautical Almanac Office of the United States Naval Observatory for the particular day involved, converted to the legal standard of time in force in the State on that day. [PL 1977, c. 661, §5 (NEW).]

46. Sunset. "Sunset" means the time given for sunset as computed and established for Augusta, Maine, by the Nautical Almanac Office of the United States Naval Observatory for the particular day involved, converted to the legal standard of time in force in the State on that day. [PL 1977, c. 661, §5 (NEW).]

47. Suspension. "Suspension" means the revocation of a license, the right to obtain a license and the privilege to undertake the licensed activity, whether the suspension is temporary or permanent. [PL 1977, c. 661, §5 (NEW).]

48. Take, the verb. The verb "take" means to remove or attempt to remove a marine organism from its natural habitat. [PL 1977, c. 661, §5 (NEW).]

48-A. Total length. "Total length" means the greatest dimension between the most anteriorly projecting part of the head and the farthest tip of the caudal fin when the caudal rays are squeezed together. The measurement is a straight line and is not taken over the curve of the body. [PL 1987, c. 690, §1 (NEW).]

48-B. Territorial waters. "Territorial waters" means all waters of the State within the rise and fall of the tide seaward to the 3-nautical-mile line as shown on the most recently published Federal Government nautical chart, but does not include areas above any fishway or dam when that fishway or dam is the dividing line between tidewater and fresh water. [PL 2001, c. 272, §2 (NEW).]

49. Transfer. "Transfer" means to transport by boat on the water. [PL 1977, c. 661, §5 (NEW).]

50. Transport, the verb. The verb "transport" means to move an object from one place to another by any means other than to ship. [PL 1977, c. 661, §5 (NEW).]

51. Tub-trawl. "Tub-trawl" means a single line, with more than 5 hooks, including the commonly called tub-trawl, line trawl or long line. [PL 1977, c. 661, §5 (NEW).]

52. Tuna. "Tuna" means any finfish commonly known as tuna, including the horse mackerel. [PL 1977, c. 661, §5 (NEW).]

53. Vehicle. "Vehicle" means a machine or conveyance, including watercraft and aircraft, used to move or transport marine organisms. [PL 1989, c. 742, §2 (RPR).]

54. Wholesale. "Wholesale" means sale, trade or service that is not directly to a consumer and is not retail. [PL 1977, c. 661, §5 (NEW).]

55. Whole scallop. "Whole scallop" means a cultured scallop in any form, except when the final product form is only the adductor muscle of the scallop or only the adductor muscle on the shell of the scallop. [PL 2023, c. 207, §3 (AMD).]

56. Working waterfront or working waterfront property. "Working waterfront" or "working waterfront property " means land, legally filled lands and piers and wharves and other improvements to land adjacent to the navigable coastal waters of the State and used by a commercial fisheries business. [PL 2011, c. 266, Pt. B, §5 (NEW).]
12 M.R.S. § 684 — ME Code / Title 12 / Part 2 / Chapter 206-A / Section 684
12 §684. Commission officers, meetings and rules; hearings
Status: in_force

The commission shall elect annually, from its own membership, a chair and such other officers it considers necessary. Meetings are held at the call of the chair or at the call of more than 1/2 of the membership. Meetings must be held at a location within the jurisdiction of the commission or another convenient location approved by the chair. The commission, acting in accordance with the procedures set forth in Title 5, chapter 375, subchapter 2 , may adopt whatever rules it considers necessary for the conduct of its business. The commission shall keep minutes of all proceedings, which are a public record available and on file in the office of the commission. Members of the commission are compensated as provided in Title 5, chapter 379 . Commission members must receive an orientation and annual continuing education on this chapter, commission rules and planning and regulatory processes. A quorum of the commission for the transaction of business is 5 members. No action may be taken by the commission unless upon approval by a vote of 5 members. [PL 2011, c. 682, §8 (AMD).]

Whenever the commission is required or empowered to conduct a hearing pursuant to any provision of law, the hearing may be held and conducted by the commission or by any member of the commission or by any qualified employee or representative of the commission as the commission chair may determine. If the hearing is conducted by a single commissioner or qualified employee or representative, the commissioner, employee or representative shall report the findings of fact and conclusions to the commission together with a transcript of the hearing and all exhibits. The findings of fact and conclusions become a part of the record. The commission is not bound by the findings or conclusions when acting upon the record, but shall take action, issue orders and make decisions as if it had held and conducted the hearing itself. [PL 1999, c. 333, §4 (AMD).]

When the commission elects to hold multiple public hearings on any matter under this chapter, all hearings held within a 45-day period are considered one hearing for administrative purposes. [PL 1999, c. 333, §4 (NEW).]
12 M.R.S. § 10256 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10256
12 §10256. Land Management Fund
Status: in_force

The Land Management Fund is established within the department. The fund is authorized to receive revenue from the sale of timber, lease of lands, gifts and other revenues associated with the use of department-owned land. The fund must be held separate and apart from all other money, funds and accounts. Any balance remaining in the fund at the end of any fiscal year must be carried forward to the next fiscal year. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 6134 — ME Code / Title 12 / Part 9 / Chapter 605 / Section 6134
12 §6134. River herring passage; fishways on the St. Croix River
Status: in_force

By May 1, 2013, the commissioner and the Commissioner of Inland Fisheries and Wildlife shall ensure that the fishways on the Woodland Dam and the Grand Falls Dam located on the St. Croix River are configured or operated in a manner that allows the unconstrained passage of river herring. [PL 2013, c. 47, §1 (NEW).]

1. Woodland Dam. [PL 2013, c. 47, §1 (RP).]

2. Grand Falls Dam. [PL 2013, c. 47, §1 (RP).]
12 M.R.S. § 10301 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10301
12 §10301. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

1. Acquisition. "Acquisition" means fee ownership, easement, lease, right-of-way and other less-than-fee interests in land. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Board. "Board" means the Maine Outdoor Heritage Fund Board established in section 10308 . [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §53 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

3. Coordinator of the Natural Areas Program. "Coordinator of the Natural Areas Program" means the person appointed by the Commissioner of Agriculture, Conservation and Forestry to be responsible for coordinating the Natural Areas Program. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).]

4. Fund. "Fund" means the Maine Outdoor Heritage Fund. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

5. Matching funds. "Matching funds" means any combination of public and private funds used in conjunction with the Maine Outdoor Heritage Fund for the purpose of this subchapter, including, but not limited to, private contributions of cash or securities, money from municipal or other public agencies, money from a federal matching program, in-kind contributions or any combination thereof. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

6. Natural resources agencies. "Natural resources agencies" means state agencies, bureaus, boards, commissions or other instrumentalities having jurisdiction over the protection of the State's natural resources. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

7. Public-private partnership. "Public-private partnership" means any partnership between federal agencies, state agencies or individuals or any combination of federal agencies, state agencies or individuals, including corporations and private persons or organizations, where at least 1/3 of the funding is contributed by a nongovernmental organization or individual. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

8. Wildlife. "Wildlife" means wild organisms, including vertebrate, invertebrate and plant species. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 6431-B — ME Code / Title 12 / Part 9 / Chapter 619 / Section 6431-B
12 §6431-B. Tag system
Status: in_force

1. Tag system established. The commissioner shall establish by rule a lobster trap tag system under which lobster and crab fishing license holders and nonresident lobster and crab landing permit holders must purchase tags for the purpose of identifying and tracking traps. The rules must contain provisions for replacing lost tags. The commissioner may impose a per tag fee to cover the cost of trap tags, the costs of administering and enforcing a lobster trap tag system, the costs of management of the lobster fishery and the costs associated with lobster management policy councils and referenda pursuant to section 6447 . Trap tag fees must be deposited in the Lobster Management Fund established under section 6431‑C . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 197, §9 (NEW).]

2. Penalties. A person may not fish or have on board a vessel a lobster trap unless the lobster trap is tagged in accordance with rules adopted pursuant to subsection 1 . A person who violates this subsection commits: A. A civil violation for which a fine of $250 must be adjudged if the person fishes 25 or fewer traps that are not tagged in accordance with rules adopted pursuant to subsection 1 ; and [PL 2017, c. 197, §9 (NEW).] B. A Class D crime if the person fishes more than 25 traps that are not tagged in accordance with rules adopted pursuant to subsection 1 . [PL 2017, c. 197, §9 (NEW).] [PL 2021, c. 168, §5 (AMD).]
12 M.R.S. § 1852 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1852
12 §1852. Transfer or lease of public reserved lands
Status: reserved

1. Transfer of management responsibility to other state agencies. Whenever a particular portion of the public reserved lands is to be used, under the management plan under section 1847, subsection 2 , for a dominant use that is within the particular expertise of another agency of the State, the commissioner, with the consent of the Governor and the state agency involved, may transfer to that other state agency the responsibility for the management of that particular portion of the public reserved lands. [PL 1997, c. 678, §13 (NEW).]

2. Public roads. The bureau may grant the right to construct and maintain public roads. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

3. Lease of public reserved land to other state agencies. With the consent of the Governor and the commissioner, the bureau may lease the right to use parcels of public reserved land to other agencies of the State for a period not exceeding 25 years for purposes of protecting, enhancing or developing the natural, scenic or wilderness qualities or recreational, scientific or educational uses. Each such lease must contain a provision that authorizes the bureau to terminate the lease at any time when the bureau in its sole discretion determines that termination is in the best interests of the State. No adjustment or compensation may be due any lessee under this subsection on account of such a termination. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

4. Lease of public reserved land for utilities and rights-of-way. The bureau may lease the right, for a term not exceeding 25 years, to: A. Set and maintain or use poles, electric power transmission and telecommunication transmission lines and facilities, roads, bridges and landing strips; [IB 2021, c. 1, §1 (AMD).] B. Lay and maintain or use pipelines and railroad tracks; and [PL 1997, c. 678, §13 (NEW).] C. Establish and maintain or use other rights-of-way. [PL 1997, c. 678, §13 (NEW).] Any such poles, transmission lines and facilities, landing strips, pipelines and railroad tracks under this subsection are deemed to substantially alter the uses of the land within the meaning of the Constitution of Maine, Article IX, Section 23, and a lease or conveyance for the purpose of constructing and operating such poles, transmission lines and facilities, landing strips, pipelines and railroad tracks under this subsection may not be granted without first obtaining the vote of 2/3 of all the members elected to each House of the Legislature. Notwithstanding Title 1, section 302 or any other provision of law to the contrary, this subsection applies retroactively to September 16, 2014. [IB 2021, c. 1, §1 (AMD).]

5. Lease of public reserved land for private uses. The director may lease campsites, garages, depots, warehouses and other structures located on public reserved land, or sites for the same, for a term not exceeding 5 years and also: A. May grant options to renew such leases for a further term not to exceed 15 years in the case of a commercial use that in the judgment of the director requires the option to secure adequate financing for the maintenance or improvement of facilities located on public reserved land; [PL 1997, c. 678, §13 (NEW).] B. In the case of leases acquired by the State on lands exchanged for public reserved lands, shall authorize, upon reasonable terms and conditions, the transfer of leasehold interests from one lessee of a residential campsite to another; and [PL 1997, c. 678, §13 (NEW).] C. With respect to persons with residential leasehold interests in public reserved lands on October 1, 1975 or on lands exchanged for public reserved lands or on lands acquired with Land for Maine's Future Board funds with respect to residential and camp owner leases in existence on or before November 30, 2005, shall enter into new leasehold agreements with those persons and thereafter renew those leases from time to time on reasonable terms and conditions as long as the lessee complies with the terms and conditions of the leases and with all applicable laws and rules of the State. [PL 2005, c. 462, Pt. C, §1 (AMD); PL 2005, c. 462, Pt. C, §2 (AFF).] The annual fee for camp leases under this subsection may not exceed 10% of the fair market value of the land, as determined once during each 5-year lease term by the State Tax Assessor. Notwithstanding this subsection, there must be a minimum annual camp lease fee of $150. [PL 1997, c. 678, §13 (NEW); PL 2005, c. 462, Pt. C, §1 (AMD); PL 2005, c. 462, Pt. C, §2 (AFF).]

6. Lease of public reserved lands for industrial and commercial purposes. With the consent of the Governor and the commissioner, the bureau may lease mill privileges and other rights in land for industrial and commercial purposes; dam sites; dump sites; the rights to pen, construct, put in, maintain and use ditches, tunnels, conduits, flumes and other works for the drainage and passage of water; flowage rights; and other rights of value in the public reserved lands for a term not exceeding 10 years. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

7. Lease of public reserved lands to Federal Government. With the consent of the Governor and the commissioner and with the approval of the Legislature, the bureau may lease to the Federal Government the right to use public reserved lands. [PL 1999, c. 240, §3 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

8. Lease of public reserved lands to municipalities. With the consent of the Governor and the commissioner, the bureau may lease the right to use parcels of public reserved land to municipalities and other political subdivisions of the State for a period not exceeding 25 years for purposes of protecting, enhancing or developing the natural, scenic or wilderness qualities or recreational, scientific or educational uses of the land. Each such lease must contain a provision that authorizes the bureau to terminate the lease at any time the bureau in its sole discretion determines that termination is in the best interests of the State. No adjustment or compensation may be due any lessee under this subsection on account of such a termination. The director may lease to incorporated towns the right to manage timber on all or part of the public reserved lands within the boundaries of the towns in accordance with multiple use management plans, subject to the following conditions: A. Public reserved lands acquired through land exchanges may not be leased under this subsection; [PL 1997, c. 678, §13 (NEW).] B. A management plan submitted to the director by a town must be approved or disapproved by the director within 60 days of submission or the plan is deemed approved. The director shall conduct the same interagency reviews and apply the same standards in evaluating such management plans that are being applied to the bureau's own management plans as of the date of submission; [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] C. The leases must be for a period not exceeding 15 years and may be renewed if the director determines that the town's management plans have been implemented and substantially complied with in a professionally acceptable manner; [PL 1997, c. 678, §13 (NEW).] D. The director may terminate the lease at any time, without adjustment or compensation due any lessee, if the termination is in the best interests of the State. The director shall give 30 days' written notice before termination. The director shall hold a public hearing if requested by the lessee within 30 days of that notice. The director shall issue written notice of a final decision within 30 days of the hearing. This decision may be appealed to the Superior Court; [PL 1997, c. 678, §13 (NEW).] E. Public access to lands leased under this subsection may not be unreasonably denied; and [PL 1997, c. 678, §13 (NEW).] F. No lease may convey any interest in lands affected other than those permitted by this section. [PL 1997, c. 678, §13 (NEW).] [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

9. Lease of public reserved land to private nonprofit organizations. With the consent of the Governor and the commissioner, the bureau may lease the right to use parcels of public reserved land to private, nonprofit organizations for a period not exceeding 25 years for purposes of protecting, enhancing or developing the natural, scenic or wilderness qualities or recreational, scientific or educational uses of the lands. Each such lease must contain a provision that authorizes the bureau to terminate the lease at any time when the bureau in its sole discretion determines that termination is in the best interests of the State. No adjustment or compensation may be due to any lessee under this subsection on account of that termination. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

10. Lease for cultivating edible crops, hay or pasturage for livestock. Pursuant to the right to food as declared in the Constitution of Maine, Article I, Section 25 and consistent with section 598‑A , the bureau, with the consent of the Governor and the commissioner, may lease the right to use parcels of public reserved land for purposes of cultivating edible crops, hay or pasturage for dairy animals or other livestock. Each lease must contain a provision that authorizes the bureau to terminate the lease at any time when the bureau in its sole discretion determines that termination is in the best interests of the State. The bureau may not issue any adjustment or compensation to any lessee under this subsection on account of that termination. The bureau, to the extent practicable, in establishing a lease under this subsection, may give priority consideration to individuals with a history of generational poverty or land dispossession in the United States or to individuals who are veterans. For purposes of this subsection, "veteran" means an individual who served in the United States Armed Forces and meets the definition of "veteran" under 38 Code of Federal Regulations, Section 3.1 or who has served or is currently serving in the Maine Army National Guard or Maine Air National Guard or the Reserves of the United States Armed Forces. [PL 2025, c. 309, §18 (NEW).]
12 M.R.S. § 8903 — ME Code / Title 12 / Part 11 / Chapter 807 / Section 8903
12 §8903. General deputy wardens
Status: in_force

The director may appoint general deputy wardens as an adjunct to the personnel regularly employed in the forest fire control program. They shall aid in forest fire prevention and shall take immediate action to control any unauthorized forest fires, employ assistance when required and notify the nearest forest ranger or town forest fire warden with dispatch. Such general deputy wardens and those they employ may receive the prevailing local fire fighting wages for the period so engaged. [PL 1979, c. 545, §3 (NEW).]
12 M.R.S. § 10752 — ME Code / Title 12 / Part 13 / Chapter 913 / Section 10752
12 §10752. Eligibility
Status: in_force

1. Residents. A resident is eligible for a resident license or permit under this Part. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Nonresidents. A nonresident is eligible for a nonresident license or permit under this Part. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. Aliens. [PL 2017, c. 427, §4 (RP); PL 2017, c. 427, §19 (AFF).]

4. Member of United States Armed Forces permanently stationed in State. The following persons are eligible for any trapping, fishing, hunting or combination fishing and hunting license or permit at the resident fee and have the same privileges as residents of this State in regard to trapping, hunting and fishing: A. A person serving in the Armed Forces of the United States who is permanently stationed at a military or naval post, station or base in the State; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. The spouse and children of a person under paragraph A if the spouse and children permanently reside with that person. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] A member of the Armed Forces of the United States stationed in the State who desires a trapping, hunting, fishing or combination license or permit shall present certification from the commander of the member's post, station or base, or from the commander's designated agent, that the person is permanently stationed at that post, station or base. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

5. Persons convicted of burglary, criminal trespass or theft. A person convicted of any of the following offenses is ineligible to obtain a license or permit issued by the department: A. Burglary or criminal trespass of a building located within the unorganized territories; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Theft of equipment used for trapping, hunting or fishing; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Theft of an animal that has been obtained by trapping or hunting and that was in the possession or control of the person who trapped or hunted the animal. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] If a person is convicted of an offense under paragraph A , B or C , that person is ineligible to obtain a license or permit issued by the department within 2 years of the date of that conviction. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §85 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

6. License ineligibility following certain offenses. The following provisions set the period of time a person is ineligible to obtain a license following conviction of certain offenses. A. A person convicted of a violation of section 12256 , disturbing traps, is ineligible to obtain any license issued by the department for 3 years from the date of conviction in the case of a first offense and 5 years from the date of conviction in the case of a 2nd or subsequent offense. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §85 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).] B. Notwithstanding any other provision of this Part, a person is ineligible to obtain a hunting license under the following circumstances. (1) A person convicted of shooting a domestic animal in violation of section 11210 is ineligible to obtain a license to hunt in this State for a period of at least 5 years from the date of conviction. (2) A person convicted of hunting while under the influence of intoxicating liquor or drugs in violation of section 10701, subsection 1‑A is ineligible to obtain a license to hunt in this State for a period of 5 years from the date of conviction. (3) A person convicted of a violation of Title 17‑A, chapter 9 , if the offense occurred in the context of a hunting activity and if, through failure of the hunter to make proper target identification, the offense resulted in the injury or death of another person, is ineligible to obtain a license to hunt in this State for a period of at least 10 years from the date of the conviction. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §85 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §85 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

7. Nonresident student enrolled in an institution of higher education. In accordance with this subsection, a nonresident student is eligible for any hunting, fishing, trapping or combination hunting and fishing license or permit under this Part at the resident fee and upon obtaining that license or permit has the same privileges under this Part and rules adopted under this Part as a resident holder of that license or permit. In order to obtain a hunting, fishing, trapping or combination hunting and fishing license or permit under this subsection, a person must demonstrate to the satisfaction of the commissioner that the person is a nonresident student and has been enrolled as a full-time student in an institution of higher education for at least one semester prior to applying for a license or permit under this subsection. The commissioner shall stamp or otherwise indicate on the license or permit issued to the nonresident student that it has been issued to a nonresident student. The license or permit remains valid for one year from issuance unless otherwise suspended or revoked. For purposes of this subsection, "nonresident student" means a nonresident who is 18 years of age or older and under 24 years of age who is enrolled as a full-time student in an institution of higher education. For purposes of this subsection, "institution of higher education" means an institution of higher education located in this State that meets the requirements of and conforms to the definitions contained in the federal Higher Education Act of 1965, as amended, 20 United States Code, Section 1001(a) and the regulations, guidelines and procedures promulgated by the Secretary of Education pursuant to that Act. [PL 2015, c. 226, §1 (NEW).]
12 M.R.S. § 6861-A — ME Code / Title 12 / Part 9 / Chapter 625 / Section 6861-A
12 §6861-A. Permitted and prohibited activities for crayfish dealers
Status: in_force

1. Meat. Crayfish meat is subject to the following prohibitions. A. A person may not possess crayfish meat removed from the shell except as follows: (1) For immediate personal consumption; (2) For the purpose of serving the meat immediately to a customer; (3) Under refrigeration and in its original container, clearly labeled as crayfish, with the country or state of origin clearly disclosed; or (4) Mixed with other food if receipts are available to prove the product is crayfish. [PL 2003, c. 452, Pt. F, §32 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).] B. It is prima facie evidence that lobster or crayfish meat is illegal lobster meat if the crayfish or lobster meat is outside the shell; is not in its original container and clearly labeled as crayfish, with the country or state of origin clearly disclosed; and: (2) Is unmixed with any other food and there are no receipts available to prove the product is crayfish. [PL 2009, c. 523, §14 (AMD).] [PL 2009, c. 523, §14 (AMD).]

2. Mix or commingle. A person may not: A. Mix or commingle crayfish in any form with lobster; [PL 2003, c. 452, Pt. F, §33 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Cause or allow crayfish to be mixed or commingled with lobster; or [PL 2003, c. 452, Pt. F, §33 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Possess a mixture of crayfish and lobster. [PL 2003, c. 452, Pt. F, §33 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. F, §33 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. List. It shall be unlawful to list, label, advertise, sell, offer for sale or represent, for the purpose of sale, crayfish as lobster or imitation lobster, unless the country or state of origin is clearly disclosed or the listing, labeling or advertising is designed to clearly and affirmatively reflect the product being offered for sale. [PL 1989, c. 348, §13 (NEW).]

4. Records. Any person, licensed under section 6851 or 6852 who deals in crayfish, shall make records available to a marine patrol officer on demand. [PL 1989, c. 348, §13 (NEW).]

5. Rules. The commissioner shall adopt or amend any rules necessary to supervise and control licensees dealing in crayfish and to protect the interests of the State in the conduct, management and operation of the business of dealing in crayfish to assure compliance with this section. [PL 1989, c. 348, §13 (NEW).]

6. Penalties. The following penalties apply to violations of this section. A. Violation of subsection 1, paragraph A is subject to the general penalty provisions of section 6201 . [PL 2003, c. 452, Pt. F, §34 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Violation of subsection 1, paragraph B is subject to the penalty provisions of section 6431, subsection 7 . [PL 2003, c. 452, Pt. F, §34 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Except as provided in paragraphs A and B , violation of this section is a civil violation for which a fine of not less than $100 nor more than $1,000 may be adjudged. [RR 2013, c. 2, §18 (COR).] [RR 2013, c. 2, §18 (COR).]

7. License exception for bait purposes. A license shall not be required for crayfish kept or sold for bait purposes and marked or labeled "Not for Human Consumption." [PL 1989, c. 348, §13 (NEW).]
12 M.R.S. § 6575-H — ME Code / Title 12 / Part 9 / Chapter 621 / Section 6575-H
12 §6575-H. Sale and purchase of elvers
Status: in_force

1. Sale of elvers. A person may not sell elvers except as follows. A. A person may not sell elvers except to a person who holds a valid elver dealer's license under section 6864 or a person who, pursuant to section 6864, subsection 9 , is an authorized representative of a person holding a license issued under section 6864. [PL 2013, c. 301, §12 (NEW).] B. A person may not accept payment for elvers in any form other than a check or cashier's check that identifies both the buyer, by whom the landings will be reported, and the seller, each of whom must be a person holding a license issued under section 6864 , a person who, pursuant to section 6864, subsection 9 , is an authorized representative of a person holding a license issued under section 6864 or a person holding a license issued under section 6302‑A, subsection 3, paragraph E , E‑1 , F or G or section 6505‑A . [PL 2013, c. 468, §29 (AMD).] [PL 2013, c. 468, §29 (AMD).]

1-A. Purchase of elvers. A person who holds a valid elver dealer's license under section 6864 or a person who, pursuant to section 6864, subsection 9 , is an authorized representative of a person holding a license issued under section 6864 shall post at the point of sale the price that that buyer will pay. [PL 2013, c. 485, §8 (NEW).]

2. Violation. A person who violates this section commits a Class D crime for which a fine of $2,000 must be imposed, none of which may be suspended. Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2013, c. 49, §15 (NEW).]
12 M.R.S. § 54 — ME Code / Title 12 / Part 1 / Chapter 1 / Section 54
12 §54. Powers and duties
Status: in_force

In addition to the duties and powers conferred upon the State Department of Agriculture, Conservation and Forestry, it shall have the following duties and powers: [PL 1969, c. 477, §1 (AMD); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

1. Assistance. To offer such assistance as may be appropriate to the supervisors of soil and water conservation districts in the carrying out of any of their powers and programs, and to enter into such agreements as may be appropriate with such districts, with land occupiers and with other state and federal agencies; [PL 1965, c. 190, §9 (AMD).]

2. Information to supervisors. To keep the supervisors of each of the several districts organized under this chapter informed of the activities and experience of all other districts, and to facilitate an interchange of advice and experience between such districts and cooperation between them;

3. Coordination. To coordinate the programs of the several districts so far as this may be done by advice and consultation;

4. United States and state agencies. To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this State, in the work of such districts, and in carrying out the functions of the Department of Agriculture, Conservation and Forestry under this chapter; to accept grants, services and materials from any source; [PL 1995, c. 532, §§12, 17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

5. Encourage districts. To disseminate information throughout the State concerning the activities and programs of the districts, and to encourage the formation of such districts in areas where their organization is desirable;

6. Control measures. To carry out preventive and control measures and works of improvement for the control and prevention of soil erosion, flood prevention, or the conservation, development, utilization and disposal of water;

7. Surveys. To conduct surveys, investigations and research relating to the character of soil erosion and floodwater and sediment damages and to the conservation, development, utilization and disposal of water and the preventive and control measures and works of improvement needed, to publish the results of such surveys, investigations and research, and to disseminate information concerning such preventive and control measures and works of improvement;

8. Options; purchases. In addition to any powers conferred by Title 7, section 19 , to obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest, devise or otherwise any property or rights or interests therein; to maintain, administer and improve any properties acquired; to receive income from such properties and to expend such income in carrying out the purposes and provisions of this chapter; and to sell, lease, or otherwise dispose of any of its real or personal property or interests therein, in furtherance of the purpose and provisions of this chapter, including the conveyance, with or without consideration, of lands or interests therein to soil and water conservation districts for use in carrying out their authorized purposes; [PL 1995, c. 532, §13 (AMD).]

9. Structures. To construct, improve, operate and maintain such structures as may be necessary or convenient for the prevention of floodwater and sediment damages and for the conservation, development and utilization of the water impounded by such structures for irrigation, recreation, wildlife, municipal and industrial uses;

10. Fund. To have supervision and control of the Soil and Water Conservation Districts Fund which shall consist of all moneys appropriated thereto, and any moneys received as donations, repayments of loans or from other sources. The Department of Agriculture, Conservation and Forestry may use such fund for carrying out any of its authorized functions, for furnishing financial and other assistance to districts, for making allocations of funds to districts, and for making loans to districts under such terms and conditions as the Department of Agriculture, Conservation and Forestry may prescribe. Any balance in this fund, except moneys appropriated by the State, shall not lapse but shall be carried forward from year to year to be expended for the purposes set forth in this subchapter; [PL 1969, c. 477, §1 (AMD); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

11. Sponsor. To serve as a sponsoring or cosponsoring local organization, within the meaning of the term as used in Public Law 566, as amended, Watershed Protection and Flood Prevention Act, and to serve as a sponsoring or cosponsoring local organization where a watershed is situated wholly or in part within the geographical boundaries of any unorganized territory or territories. [PL 1979, c. 541, Pt. A, §115 (AMD).]

12. Entry on lands and structures. The Department of Agriculture, Conservation and Forestry or its authorized agents shall have the right to enter upon any private or public lands for the purpose of inspecting dams and appurtenant structures. The Department of Agriculture, Conservation and Forestry shall seek the permission of the landowner, prior to exercising this right and shall not exercise this right until a reasonable effort has been made to obtain said permission. [PL 1973, c. 103, §1 (NEW); PL 1995, c. 532, §17 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
12 M.R.S. § 9304 — ME Code / Title 12 / Part 11 / Chapter 807 / Section 9304
12 §9304. Loss of state reimbursement
Status: in_force

Any municipality in which a municipal dump has been posted "Closed to Dumping" as set forth in this subchapter, which continues to permit dumping therein, shall, during that period, lose the benefits of state reimbursement of forest fire suppression costs on fires which escape from such dump as provided by section 9204 up to an amount equal to 1% of the state valuation of the municipality. [PL 1979, c. 545, §3 (NEW).]
12 M.R.S. § 13064 — ME Code / Title 12 / Part 13 / Chapter 935 / Section 13064
12 §13064. Certificate of number for motorboats rented or leased
Status: in_force

1. Certificate of number required. Before any motorboat is rented or leased, the owner of the motorboat shall obtain a certificate of number from the commissioner under section 13056 . [PL 2003, c. 655, Pt. B, §374 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Penalty. The following penalties apply to violations of this section. A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [PL 2003, c. 655, Pt. B, §374 (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, §374 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §374 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 10108 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10108
12 §10108. Programs
Status: in_force

1. Training in firearm safety. The commissioner shall establish a program for training individuals in the safe handling of firearms and for this purpose may cooperate with any public or private association or organization having as one of its objectives the promotion of safety in firearms handling. In establishing the program under this subsection, the commissioner shall: A. Prescribe the qualifications of instructors. Each instructor authorized by the commissioner to conduct training under the program must be covered by liability insurance protecting that person from liability for damages during the time when instruction is being given. The cost of this insurance must be borne by the State and must be a charge against the funds credited to the department; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Prescribe the type and course of instruction and the time and place of examinations; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Issue a certificate of competency to individuals who successfully complete the examination. [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).]

2. Promotion of hunting, fishing and camping. The commissioner may implement a program designed to promote fisheries and wildlife resources and attract hunters and anglers to the State. As part of this program, the commissioner may reduce the price of certain types of licenses for specified periods of time to promote license sales for hunting and fishing in the State. The commissioner may offer complimentary licenses as part of a department program or for promotional purposes. Any loss of revenue due to the issuance of complimentary licenses under this subsection may be offset by revenues from other department programs and funds dedicated to the Division of Public Information and Education. The commissioner may implement a program that expends funds for the purpose of recognizing individuals who contribute, either through volunteer efforts or some other form of contribution, to the mission of the department. These programs may include coordination of activities between the public and private sectors and utilization of promotional missions, exhibits, brochures, technical assistance and expertise as necessary to develop and promote hunting, fishing and camping activities within the State. The commissioner shall coordinate these programs with the activities of the Department of Economic and Community Development. Any purchases made as a result of that coordination must be by competitive bid. [PL 2013, c. 408, §4 (AMD).]

3. Supersport certificate. [PL 2011, c. 576, §1 (RP); PL 2011, c. 576, §10 (AFF).]

4. Landowner relations program. [PL 2011, c. 576, §2 (RP).]

4-A. Landowner relations program. The commissioner shall develop and implement a landowner relations program, referred to in this section as "the program." A. The program must: (1) Encourage landowners to allow outdoor recreationists access to their property to hunt, fish or engage in other outdoor recreational pursuits; (2) Foster good relationships between landowners and outdoor recreationists; and (3) Promote high standards of courtesy, respect and responsibility by outdoor recreationists in their relations with landowners. [PL 2011, c. 576, §3 (NEW).] B. The commissioner shall appoint a landowner relations coordinator to oversee the program and any other landowner relations activities of the department. [PL 2011, c. 576, §3 (NEW).] C. To the extent resources allow, the program must include the following elements: (1) Building and maintaining an educated and motivated group of outdoor recreationists who meet and promote high standards of courtesy, respect and responsibility in their relations with landowners and who are willing to volunteer in program-related projects or efforts to improve landowner relations; (2) Issuing a certificate to persons wishing to support or participate in the program. The commissioner may establish a fee for the certificate, which may not exceed $20. All proceeds from the fees must be deposited in the Landowner Relations Fund established in section 10265 ; (3) Developing and disseminating to outdoor recreationists a code of ethics or other information promoting high standards of courtesy, respect and responsibility in their relations with landowners; (4) Developing an outreach program that provides educational materials and signs and that disseminates information to landowners and land users about landowner rights, landowner liability protections, the tradition of allowing outdoor recreationists to use private land and law enforcement resources available to landowners; (5) Engaging organizations and companies representing landowners, conservation groups, recreationists, land trusts and other organizations involved in outdoor recreation in developing, implementing and publicizing the program; (6) Organizing or otherwise promoting landowner appreciation events; (7) Working with representatives of various state agencies to promote and broaden public access to private lands for recreational use and to enhance enforcement of applicable laws; and (8) Seeking and developing sources of funding to support the program. [PL 2011, c. 576, §3 (NEW).] [PL 2011, c. 576, §3 (NEW).]

4-B. Keep Maine Clean program. The commissioner shall develop and implement a Keep Maine Clean program to recruit volunteers to pick up trash in fields and forests while engaging in outdoor recreation. The commissioner shall recruit volunteers for the program from outdoor recreationists, the media and other for-profit and nonprofit organizations, and shall build a database of volunteers and encourage their participation in the program. The commissioner shall promote the program through a publicly accessible website, e-mail and a monthly e-mail newsletter to volunteers, including stories about the program's sponsors, volunteers, contests, good landowner relations and other helpful information. The commissioner shall seek sponsorship of the Keep Maine Clean program from businesses, groups representing outdoor recreationists and other individuals and groups. The commissioner may accept money, goods or services donated to the department for the program. Money, goods and services accepted by the commissioner under this subsection may be used only for program activities, including providing gifts to program volunteers and promoting and marketing the program. Money accepted by the commissioner under this subsection must be deposited in the Landowner Relations Fund established in section 10265 . [PL 2015, c. 277, §1 (NEW).]

5. Youth and family programs and activities. Youth and family outdoor recreational programs and activities may be established in the department to encourage hunting and fishing activities as well as shooting sports in the State. The commissioner may accept money, goods or services donated to the department for these programs and activities. Money, goods and services accepted by the commissioner under this subsection may be used only for these programs and activities, including providing gifts to program participants, and to promote and market the programs and activities. Gifts may include but are not limited to complimentary hunting and fishing licenses, equipment, gear and tackle. [PL 2017, c. 164, §1 (AMD).]

6. Archery hunting education program. The commissioner shall establish a program for training individuals in safe and responsible archery hunting skills and behavior. This program includes instruction on all types of archery equipment, fisheries and wildlife laws, rights of landowners and hunters and appropriate principles of wildlife management. The commissioner may charge an enrollment fee of up to $10 per person to help defray the costs of this program. The commissioner may cooperate with any public or private association dedicated to responsible and safe archery hunting to establish this program. In establishing the program, the commissioner shall: A. Prescribe the qualifications of instructors; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Provide liability insurance for each instructor authorized by the commissioner to conduct training under the program protecting that person from liability for damages during the time when instruction is being given. The cost of this insurance must be borne by the State and charged against funds credited to the department; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Prescribe the type and length of instruction and the time and place of examinations; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] D. Issue a certificate of competency to individuals who successfully complete the examination. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2023, c. 239, §6 (AMD).]

6-A. Crossbow hunting education program. [PL 2023, c. 239, §7 (RP).]

7. Trapper education program established. The commissioner shall establish a program for training individuals in safe and responsible trapping skills and behavior. This program must include instruction in the applicable laws and rights and in the appropriate principles of wildlife management. The commissioner may charge an enrollment fee of up to $10 per person to help defray the costs of this program. For the purpose of establishing the program, the commissioner may cooperate with any public or private association having similar goals. In establishing the program, the commissioner shall: A. Prescribe the qualifications of instructors; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Provide for insurance. Each instructor authorized by the commissioner to conduct training under the program must be covered by liability insurance protecting that person from liability for damages during the time when instruction is being given. The cost of this insurance must be borne by the State and must be a charge against the funds credited to the department; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Prescribe the type and length of instruction and the time and place of examinations; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] D. Issue a certificate of competency to individuals who successfully complete the examination. [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).]

8. Hunters for the Hungry Program. The Hunters for the Hungry Program, referred to in this subsection as the "program," is established to allow the department and persons who are lawfully in the possession of wild game meat to donate that wild game meat for distribution to needy persons through the food assistance programs of the Department of Agriculture, Conservation and Forestry. A. The department shall develop and implement this program in cooperation with the Department of Agriculture, Conservation and Forestry. In developing the program, the department shall investigate, in cooperation with the Department of Agriculture, Conservation and Forestry, the costs and benefits of establishing a toll-free telephone line for facilitating the donation of meat. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] B. The department may adopt rules to implement the program. If rules are determined necessary, the department shall develop those rules in cooperation with the Department of Agriculture, Conservation and Forestry. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . Rules adopted under this subsection may include, but are not limited to: (1) Procedures for donating wild game meat; (2) Provisions for a quality control program; (3) Procedures for distributing donated wild game meat through the food assistance programs administered by the Department of Agriculture, Conservation and Forestry; (4) Methods for supporting private sporting groups throughout the State with program education and promotion efforts; and (5) Limiting the distribution of wild game meat to certain types of facilities. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] C. A person who donates lawfully obtained wild game meat that is apparently fit for human consumption to the program and a charitable, nonprofit or other organization authorized by the department to receive and distribute meat donated under the program are immune from civil liability arising from injury or death due to the condition of the donated food, unless the injury or death is a direct result of the intentional misconduct of the donor or the organization. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

9. Pheasant program. The commissioner may enter into an agreement with a qualified rod and gun club or qualified hunting-oriented organization to allow the club or organization to purchase and raise pheasants. An agreement entered into pursuant to this subsection may provide for the use of department facilities for raising pheasants by a qualified rod and gun club or qualified hunting-oriented organization. For purposes of this subsection, "qualified rod and gun club or qualified hunting-oriented organization" means a rod and gun club or a hunting-oriented organization that has demonstrated involvement in raising and releasing pheasants in the year prior to entering into an agreement with the commissioner to purchase and raise pheasants. The following provisions must be observed. A. The department is not authorized to purchase or raise pheasants. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. All pheasants purchased and raised under an agreement with the commissioner pursuant to this subsection must be released under the direction of department officials in areas open to hunting for the general public. [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).]

10. Becoming an Outdoors Woman. The Becoming an Outdoors Woman program is established in the department to encourage women to participate in hunting, fishing and other outdoor activities within the State. The commissioner may sponsor Becoming an Outdoors Woman events, establish appropriate fees for participation and accept money, goods and services donated to the department for the Becoming an Outdoors Woman program. Money, goods and services accepted by the commissioner under this subsection may be used only for program activities, including activities designed to enhance the program such as giving gifts to program participants, or to assist in promoting and marketing the program. [PL 2013, c. 408, §5 (AMD).]

11. Coyote control program. Pursuant to section 10053, subsection 8 , the commissioner shall maintain a coyote control program as follows. A. The commissioner may employ qualified persons to serve as agents of the department for purposes of coyote control. These agents must be trained by the department in animal damage control techniques and must be utilized by the department to perform coyote control duties in areas where predation by coyotes is posing a threat to deer or other wildlife. Each agent shall execute a cooperative agreement with the department specifying the conditions and limitations of the agent's responsibilities as an agent, including any terms for reimbursement of expenses or payment of wages. [PL 2003, c. 655, Pt. B, §30 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. An agent employed pursuant to paragraph A may use snares to control coyotes during winter months under the following conditions. (1) An agent may use snares only for animal damage control purposes to help meet management goals established by the commissioner for deer, threatened or endangered species or other wildlife species or to benefit agricultural interests as described in paragraph C . (2) An agent must be trained and certified by the department in the use of snares. (3) An agent must be deployed by a department wildlife biologist before setting snares. (4) An agent shall post access points to areas in which snaring activity is taking place, including, but not limited to, roads and trails for motorized vehicles, cross-country skiers or hikers or other obvious travel ways that may be used by people. (5) An agent shall plainly label snares with the full name and address of that agent. (6) An agent shall keep an accurate record of the number and location of snares set by that agent and must be able to account for those snares at all times. (7) An agent shall check that agent's snares that are equipped with relaxing locks on a daily basis. (8) A department employee may accompany an agent at any time an agent is checking snares. (9) An agent shall report monthly to the department, on forms provided by the department, the coyotes and nontarget species taken by snaring during the reporting period. The commissioner shall revoke the snaring certificate of an agent who violates any provision of this paragraph. The commissioner shall adopt policies and procedures on the use of snares as necessary to minimize the potential for taking nontarget species and to adequately protect threatened and endangered species. [PL 2003, c. 655, Pt. B, §30 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. An agent employed pursuant to paragraph A may be employed for the benefit of agricultural interests as long as the department is reimbursed annually for the cost of those efforts by the Department of Agriculture, Conservation and Forestry from funds specifically appropriated or otherwise made available to the Department of Agriculture, Conservation and Forestry for that purpose. [PL 2003, c. 655, Pt. B, §30 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] [PL 2003, c. 655, Pt. B, §30 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

12. Camp North Woods program. The Camp North Woods program, referred to in this subsection as "the program," is established to provide youth opportunities to learn outdoors skills about conservation of the State's natural resources. Department staff shall mentor in the program, which may include, but is not limited to, instruction and training in recreational vehicle operation, paddle sports, hunting, fishing, trapping, outdoor survival, navigation, firearm and archery training and wildlife and fish identification. The program is funded solely from the Camp North Woods fund, established under section 10266 . [PL 2015, c. 301, §2 (NEW).]
12 M.R.S. § 11159 — ME Code / Title 12 / Part 13 / Chapter 915 / Section 11159
12 §11159. Falconry hunting permit
Status: in_force

1. Permit required. Except as otherwise authorized in this Part, a person may not engage in the practice of falconry unless that person has a valid permit issued under this section. Each day a person violates this subsection that person commits a civil violation. [PL 2023, c. 431, §4 (AMD); PL 2023, c. 431, §23 (AFF).]

2. Eligibility. A person who possesses a valid hunting license is eligible to obtain a permit from the commissioner to engage in the practice of falconry. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

3. Issuance and fee. The commissioner shall issue permits to eligible persons to engage in the practice of falconry at a fee of $26. A. The permit may be for a one-year, 2-year or 3-year period at a fee equivalent to the sum of the annual fees established for each of the years for which the permit is issued. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. A person not a resident of the State who holds a valid permit to engage in the practice of falconry in another state may import and use raptors in this State for up to 30 days solely for the purpose of hunting without the permit described in this section if that person holds a valid Maine hunting license issued in accordance with subchapter 2 . A person must have both the permit to engage in the practice of falconry in the other state and the Maine hunting license in possession at all times while engaged in the practice of falconry in this State. These documents must be exhibited to a warden or employee of the department upon request. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2005, c. 12, Pt. III, §17 (AMD).]

4. Rules. The commissioner may adopt rules necessary for the proper administration and enforcement of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §134 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

5. Compliance with rules and regulations. Falconry hunting is subject to the following limitations. A. A person who holds a valid falconry hunting permit may take, possess and use any raptor, except as provided in this Part or by federal regulation and except as the commissioner may by rule provide. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Persons engaged in the practice of falconry are subject to all rules adopted by the commissioner pertaining to seasons and bag limits on wild birds and wild animals. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 8881 — ME Code / Title 12 / Part 11 / Chapter 805 / Section 8881
12 §8881. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF).]

1. All-weather road. "All-weather road" means a public or private road that may be traversed during all seasons of the year. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF).]

2. Designated agent. "Designated agent" means a person, firm, company, corporation or other legal entity representing the landowner in timber sales or land management. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF).]

2-A. Forest carbon credit. "Forest carbon credit" means a unit that is equivalent to one metric ton of carbon dioxide emissions or carbon dioxide equivalent emissions that are avoided, removed or absorbed as a result of forest management activities that are either undertaken or deferred to increase forest carbon storage or sequestration. [PL 2025, c. 96, §1 (NEW).]

2-B. Forest carbon program or project. "Forest carbon program or project" means a planned set of forest management activities for a defined area of forest land that is designed to provide transferable forest carbon credits and that is developed to conform to an existing voluntary or regulatory forest carbon protocol or registry. [PL 2025, c. 96, §2 (NEW).]

2-C. Forest carbon project developer. "Forest carbon project developer" means an entity that acts on behalf of a landowner to establish forest carbon credits to meet the requirements of an existing voluntary or regulatory forest carbon protocol or registry. "Forest carbon project developer" also means a landowner that acts as the landowner's own forest carbon project developer. [PL 2025, c. 96, §3 (NEW).]

3. Forest products. "Forest products" means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass fuel wood, fuel wood, bark or other products commonly known as forest products, but does not include Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, bough material, cones or other seed crops. [PL 2021, c. 30, §2 (AMD).]

4. Harvester. "Harvester" means a person, firm, company, corporation or other legal entity which harvests or contracts to harvest a forest product. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF).]

5. Harvest operation. "Harvest operation" means a harvest of forest products on land in a single municipality or township. Land harvested need not be contiguous and more than one harvester may work a harvest operation. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF).]

5-A. Landowner. "Landowner" means a person, company or other entity that holds title to land, including joint owners or tenants in common. If the ownership of the timber located on the land is different from the fee ownership of the land, the owner of the timber is deemed to be a landowner and is jointly and severally responsible with the fee landowner for compliance with this subchapter. If a corporate landowner is a wholly owned subsidiary of another corporation, both parent and subsidiary are deemed to be the same landowner. [PL 2001, c. 603, §1 (NEW).]

6. Lump-sum sale. "Lump-sum sale" means a sale in which the owner of standing timber sells the timber for one price and that price is not broken down by species or product. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF).]

7. Precommercial silvicultural activities. "Precommercial silvicultural activities" means chemical or mechanical thinning operations, planting, stand conversion or timber stand improvement activities where no forest products are sold. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF).]

8. Residue. "Residue" means by-products of a processed log, including, but not limited to bark, woodchips or sawdust. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF).]

9. Roundwood. "Roundwood" means logs, bolts and other round sections of wood as they are cut from a tree. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF).]

10. Roundwood processing operation. "Roundwood processing operation" means sawmills; bolter mills; shingle mills; veneer mills; fence pole and piling making operations; pulp and paper mills; wafer board, particle board and plywood mills; whole tree chippers; commercial fuel wood processors; bark processors; custom processing mills of these products; and log yards established to accumulate logs awaiting shipment to these operations. [PL 2021, c. 30, §3 (AMD).]

11. Stumpage. "Stumpage" means standing timber. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF).]

12. Timber harvesting. "Timber harvesting" has the same meaning as in section 8868, subsection 4 . [PL 2011, c. 532, §3 (NEW).]
12 M.R.S. § 6749-V — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6749-V
12 §6749-V. Dragging closure
Status: in_force

Notwithstanding section 6749-N , it is unlawful for a person to fish for or take sea urchins with a drag or any combination of drags in the coastal waters of the State from May 1st to September 30th. [PL 1995, c. 595, §5 (NEW); PL 1995, c. 595, §6 (AFF).]
12 M.R.S. § 1856 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1856
12 §1856. Unorganized Territory School Fund
Status: reserved

1. Fund; unexpended income. The Unorganized Territory School Fund, which includes the existing principal of that fund arising from the public reserved lots before October 3, 1973 and any accrued but unexpended income from the fund since that date, must continue. [PL 1997, c. 678, §13 (NEW).]

2. Administration; annual income. The Treasurer of State shall hold and administer the Unorganized Territory School Fund. The income of the fund must be credited on December 31st annually to the Unorganized Territory Education and Services Fund established by Title 36, chapter 115 and used to reduce the amount determined to be the municipal cost components for the next fiscal year. [PL 1997, c. 678, §13 (NEW).]
12 M.R.S. § 10204 — ME Code / Title 12 / Part 13 / Chapter 903 / Section 10204
12 §10204. Administrative costs recovered; federal and dedicated money
Status: in_force

The department is entitled to reimbursement for administrative costs associated with activities of the department performed in support of federal and other special revenue accounts from those accounts. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 6701 — ME Code / Title 12 / Part 9 / Chapter 623 / Section 6701
12 §6701. Scallop license
Status: in_force

1. License required. A person may not engage in the activities authorized under this section without a current hand fishing scallop license or other license issued under this Part authorizing the activities. A person acting as tender to an individual possessing a current individual hand fishing scallop license issued under subsection 5, paragraph A shall possess a scallop or sea urchin tender license issued under section 6535 . [PL 2009, c. 561, §22 (RPR).]

2. Licensed activity. The holder of a hand fishing scallop license may take scallops by hand or possess, ship, transport or sell shucked scallops the holder has taken. A person may not act as a tender under subsection 5, paragraph B unless that person has met the tender safety requirements adopted by rule pursuant to section 6533 . [PL 2015, c. 201, §3 (AMD).]

3. Eligibility. A hand fishing scallop license may be issued only to an individual who is a resident. [PL 2009, c. 561, §22 (RPR).]

4. Exception. A person may act as a tender to an individual possessing a current hand fishing scallop license with tender issued under subsection 5, paragraph B without being licensed under this Part if that person has met the tender safety requirements adopted by rule pursuant to section 6533 . [PL 2009, c. 561, §22 (RPR).]

5. Fees. Fees for hand fishing scallop licenses are: A. For an individual hand fishing scallop license, $143; and [PL 2009, c. 561, §22 (RPR).] B. For a hand fishing scallop license with tender, $193. [PL 2009, c. 561, §22 (RPR).] [PL 2009, c. 561, §22 (RPR).]

6. Violation. 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 2009, c. 561, §22 (RPR).] B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on board may be seized; and [PL 2009, c. 561, §22 (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 2009, c. 561, §22 (RPR).] [PL 2009, c. 561, §22 (RPR).]
12 M.R.S. § 685-B — ME Code / Title 12 / Part 2 / Chapter 206-A / Section 685-B
12 §685-B. Development review and approval
Status: in_force

1. Review and approval required. Except as provided in this section or by commission rule: A. A structure or part of a structure may not be erected, changed, converted or wholly or partly altered or enlarged in its use or structural form without a permit issued by the commission. Normal maintenance or repair may be made to a structure or part of a structure without a permit issued by the commission in locations other than areas of special flood hazard as defined in the commission's rules; [PL 2009, c. 111, §2 (AMD).] B. A person may not commence development of or construction on any lot, parcel or dwelling unit within any subdivision or sell or offer for sale any interest in any lot, parcel or dwelling unit within any subdivision without a permit issued by the commission; or [PL 1999, c. 333, §12 (RPR).] C. A person may not commence any construction or operation of any development without a permit issued by the commission. [PL 1999, c. 333, §12 (RPR).] [PL 2009, c. 111, §2 (AMD).]

1-A. Exceptions. Except as provided in this section or by commission rule: A. A permit is not required for the repair and maintenance of an existing road culvert or for the replacement of an existing road culvert, including ancillary culverting activities such as excavation and filling, as long as: (1) Erosion control measures are taken to prevent sedimentation of the water; (2) The road culvert does not block passage for fish in flowing water; and (3) For replacements of existing road culverts crossing flowing water: (a) The replacement culvert is designed, installed and maintained to match the natural grade of the channel bed of the water to avoid drops or perching; and (b) As site conditions allow, culverts that are not open bottomed are embedded in the channel bed of the water a minimum of one foot or at least 25% of the culvert or other structure's diameter, whichever is greater, except that a culvert does not have to be embedded more than 2 feet. For purposes of this paragraph, "repair and maintenance" includes, but is not limited to, the riprapping of side slopes or culvert ends; removing debris and blockages within the culvert structure and at its inlet and outlet; and installing or replacing culvert ends if less than 50% of the culvert structure is being replaced; [PL 2021, c. 590, Pt. A, §1 (RPR).] B. [PL 2025, c. 11, §3 (RP).] B-1. [PL 2025, c. 11, §4 (RP).] Revisor's Note: (Paragraph B-1 as enacted by PL 2011, c. 653, §2 and affected by §33 is REALLOCATED TO TITLE 12, SECTION 685-B, SUBSECTION 1-A, PARAGRAPH B-2) B-2. (REALLOCATED FROM T. 12, §685-B, sub-§1-A, ¶B-1) [PL 2025, c. 11, §5 (RP).] C. A permit is not required for a minor campground in a management district; [PL 2025, c. 11, §6 (AMD).] D. A permit is not required for an offshore wind energy demonstration project approved by the Department of Environmental Protection pursuant to Title 38, section 480‑HH . Notice of the intent to develop and a map indicating the location of the proposed development must be filed with the commission prior to or concurrently with submission of an application to the Department of Environmental Protection pursuant to Title 38, section 480‑HH ; [PL 2025, c. 11, §7 (AMD).] E. A permit or other approval by the commission is not required for a hydropower project that uses tidal or wave action as a source of electrical or mechanical power or is located partly within an organized municipality and partly within an unorganized territory; [PL 2025, c. 11, §8 (AMD).] F. Except for projects that are located in a planned subdistrict that was approved or accepted by the commission for processing prior to September 1, 2012, a permit is not required for those aspects of a project approved by the Department of Environmental Protection pursuant to Title 38, chapter 3, subchapter 1, article 5‑A if the commission determines that the project is an allowed use within the subdistrict or subdistricts for which it is proposed. Notice of the intent to develop and a map indicating the location of the proposed development must be filed with the commission prior to or concurrently with the submission of a development application to the Department of Environmental Protection; [PL 2025, c. 11, §9 (NEW).] G. Except for projects located in a planned subdistrict approved or accepted by the commission for processing prior to September 1, 2012, a permit from the commission is not required for development requiring a permit from the Department of Environmental Protection pursuant to: (1) The site location of development law, Title 38, chapter 3, subchapter 1, article 6 ; (2) The Maine Metallic Mineral Mining Act, Title 38, chapter 3, subchapter 1, article 9 ; and (3) The Maine Hazardous Waste, Septage and Solid Waste Management Act, Title 38, chapter 13 . A person who qualifies for an exception under this paragraph by being required to submit a permit application to the Department of Environmental Protection for a proposed development located wholly or in part within the unorganized or deorganized areas of the State shall file a notice of the intent to develop and a map indicating the location of the proposed development with the commission prior to or concurrently with the submission of an application to the Department of Environmental Protection. The Department of Environmental Protection must receive certification from the commission that the proposed development is an allowed use within the subdistrict or subdistricts for which it is proposed and that the proposed development meets any land use standard established by the commission that is not considered in the department's review before issuing a permit. The commission may not certify that a proposed expedited wind energy development, as defined in Title 35‑A, section 3451, subsection 4 , within the expedited permitting area, as defined in Title 35‑A, section 3451, subsection 3 , is an allowed use if a relevant petition is pending under Title 35‑A, section 3453‑A, subsection 1 . This subsection may not be construed as prohibiting the commission from enforcing the land use standards certified to the Department of Environmental Protection under this paragraph; and [PL 2025, c. 11, §10 (NEW).] H. A permit from the commission is not required for the repair or maintenance of county-owned roads, bridges or culverts as long as the repair or maintenance is conducted in accordance with commission standards that pertain to these activities. [PL 2025, c. 11, §11 (NEW).] [PL 2025, c. 11, §§3-11 (AMD).]

1-B. Delegation to staff. The commission may establish standards by which authority may be delegated to its staff, to approve with reasonable conditions or deny applications submitted. Any person aggrieved by a decision of the staff has the right to a review of that decision by the commission. A request for such a review must be made within 30 days of the staff decision. [PL 1999, c. 333, §13 (NEW).]

1-C. Delegation to county. The commission may establish standards by which authority may be delegated to a county, upon request of the county commissioners, to approve, approve with reasonable conditions or deny applications to conduct specified activities requiring a permit and to enforce compliance with the permit. Any person aggrieved by a decision of a county has the right to appeal that decision to the commission. Such an appeal must be made within 30 days after the county decision. [PL 2011, c. 682, §16 (NEW).]

2. Application for approval. The application forms for approval, as provided by the commission, must be completed and signed by the applicant and must be accompanied by the following: A. A plan of the proposed structure, subdivision or development showing the intended use of the real estate, the proposed change, the details of the project and such other information as may be required by the commission to determine conformance with applicable land use standards; [PL 1989, c. 681, §1 (AMD).] B. The fee prescribed by the commission rules, that fee to be a minimum of $50 but no greater than 1/4 of 1% of the total development costs. The fees apply to all amendments except for minor changes to building permits. In addition to the fee paid in accordance with this paragraph, the director of the Maine Land Use Planning Commission may assess a processing fee on applications for extraordinary projects in accordance with section 685‑F ; [PL 2007, c. 114, §1 (AMD); PL 2011, c. 682, §38 (REV).] C. [PL 1977, c. 564, §51 (RP).] D. Evidence of sufficient right, title or interest in all of the property that is proposed for development or use. For purposes of this subsection, the written permission of the record owner or owners of flowed land is deemed sufficient right, title or interest to confer standing for submission of a permit application, provided that the letter of permission specifically identifies the activities being performed and the area that may be used for that purpose. The commission may not refuse to accept, under this paragraph, a permit application for any prohibited activity if the owner or lessee of land adjoining a great pond has made a diligent effort to locate the record owner or owners of the flowed land in question and has been unable to do so; and [PL 1989, c. 681, §1 (AMD).] E. For a new or expanded development requiring an annual supply of wood or wood-derived materials in excess of 150,000 tons green weight, a wood supply plan for informational purposes to the Maine Forest Service at the time of application. The wood supply plan must include, but is not limited to, the following information: (1) The expected operational life of the development; (2) The projected annual wood consumption of wood mill residue, wood fiber and recycled materials from forest products during the entire operational life of the development; (3) The expected market area for wood supply necessary to supply the development; and (4) Other relevant wood supply information. [PL 1989, c. 681, §1 (NEW).] [PL 2007, c. 114, §1 (AMD); PL 2011, c. 682, §38 (REV).]

2-A. Priority for processing. Applications to replace destroyed seasonal or permanent structures shall be given top priority for processing when hardship can be demonstrated by the applicant provided that: A. The dimensions of the new structure are not greater than the preexisting structure; and [PL 1989, c. 22, §1 (NEW).] B. The new structure will not adversely affect surrounding uses and resources. [PL 1989, c. 22, §1 (NEW).] [PL 1989, c. 22, §1 (NEW).]

2-B. Determination deadline. The commission shall render its determination on an application for subdivision approval within 60 days after the commission determines that the application is complete and the proposal is a permitted use within the affected district or subdistrict. [PL 1989, c. 584, §2 (NEW); PL 1989, c. 810, §2 (AMD).]

2-C. Wind energy development; community-based offshore wind energy projects; determination deadline. For purposes of this subsection, "expedited permitting area," "grid-scale wind energy development" and "wind energy development" have the same meanings as in Title 35‑A, section 3451 . The following provisions govern wind energy development. A. The commission shall consider any wind energy development in the expedited permitting area under Title 35‑A, chapter 34‑A with a generating capacity of 100 kilowatts or greater or a community-based offshore wind energy project a use requiring a permit, but not a special exception, within the affected districts or subdistricts. [PL 2011, c. 682, §17 (RPR).] B. All grid-scale wind energy development proposed for the unorganized or deorganized areas of the State is reviewed and permits are issued by the Department of Environmental Protection under Title 35‑A, chapter 34‑A and Title 38, section 489‑A‑1 . [PL 2011, c. 682, §17 (RPR).] C. For an offshore wind energy project that is proposed within one nautical mile of an island within the unorganized or deorganized areas, the commission shall review the proposed project to determine whether the project qualifies as a community-based offshore wind energy project and therefore is within the jurisdiction of the commission. [PL 2011, c. 682, §17 (NEW).] D. Except for a grid-scale wind energy project, the commission may require an applicant to provide a timely notice of filing prior to filing an application for, and may require the applicant to attend a public meeting during the review of, a wind energy development or a community-based offshore wind energy project. For projects or development located within the expedited permitting areas, the commission shall render its determination on an application for such a development or project within 185 days after the commission determines that the application is complete, except that the commission shall render such a decision within 270 days if it holds a hearing on the application. The chair of the Public Utilities Commission or the chair's designee shall serve as a nonvoting member of the commission and may participate fully but is not required to attend hearings when the commission considers an application for a community-based offshore wind energy project. The chair's participation on the commission pursuant to this subsection does not affect the ability of the Public Utilities Commission to submit information into the record of the commission's proceedings. [PL 2011, c. 682, §17 (NEW).] E. At the request of an applicant, the commission may stop the processing time for a period of time agreeable to the commission and the applicant. The expedited review period specified in paragraph D does not apply to the associated facilities, as defined in Title 35‑A, section 3451, subsection 1 , of the wind energy development or community-based offshore wind energy project if the commission determines that an expedited review time is unreasonable due to the size, location, potential impacts, multiple agency jurisdiction or complexity of that portion of the development or project. [PL 2011, c. 682, §17 (NEW).] [PL 2011, c. 682, §17 (RPR).]

2-D. Transmission line or lines under Northern Maine Renewable Energy Development Program. A transmission line or lines developed under the Northern Maine Renewable Energy Development Program pursuant to Title 35‑A, section 3210‑I, subsection 2 and proposed within unorganized or deorganized areas of the State is reviewed and permits are issued by the Department of Environmental Protection under Title 38, section 489‑A‑1 . [PL 2023, c. 660, §1 (NEW).]

3. Hearings and procedures. [PL 1999, c. 333, §14 (RP).]

3-A. Hearings and procedures. Hearings and procedures in connection with the review and approval of a permit application are subject to this subsection. To the extent practicable, hearings held under this subsection must be held at a location in close proximity to the project or projects under review. A. The commission may determine on its own motion to hold a hearing on the application. [PL 1999, c. 333, §15 (NEW).] B. If the commission determines to act upon a permit application without a hearing, the commission, within 90 days after receiving the complete application, shall make findings of fact and issue an order either granting approval, subject to reasonable terms and conditions that the commission determines appropriate in order to fulfill the requirements and intent of this chapter, the comprehensive land use plan and the commission's standards, or denying approval of the application as proposed. [PL 1999, c. 333, §15 (NEW).] C. Any person aggrieved by a decision of the commission or its staff concerning any permit application upon which no hearing was held may, within 30 days of that decision, petition the commission for a hearing. The commission is not required to hold a hearing, but shall respond within 45 days of receipt of the petition by notifying the petitioner in writing of the date, time and place set for the requested hearing or of the denial of the request. [PL 1999, c. 333, §15 (NEW).] D. Within 60 days after the commission adjourns any hearing held under this subsection, it shall make findings of fact and issue an order either granting approval, subject to reasonable terms and conditions that the commission determines appropriate in order to fulfill the requirements and intent of this chapter, the comprehensive land use plan and the commission's standards, or denying approval of the application as proposed. [PL 1999, c. 333, §15 (NEW).] [PL 2011, c. 682, §18 (AMD).]

4. Criteria for approval. In approving applications submitted to it pursuant to this section, the commission may impose such reasonable terms and conditions as the commission may consider appropriate. In making a decision under this subsection regarding an application for a community-based offshore wind energy project, the commission may not consider whether the project meets the specific criteria designated in section 1862, subsection 2, paragraph A , subparagraph (6), divisions (a) to (d). This limitation is not intended to restrict the commission's review of related potential impacts of the project as determined by the commission. The commission may not approve an application, unless: A. Adequate technical and financial provision has been made for complying with the requirements of the State's air and water pollution control and other environmental laws, and those standards and regulations adopted with respect thereto, including without limitation the minimum lot size laws, sections 4807 to 4807‑G , the site location of development laws, Title 38, sections 481 to 489‑E , and the natural resource protection laws, Title 38, sections 480‑A to 480‑Z , and adequate provision has been made for solid waste and sewage disposal, for controlling of offensive odors and for the securing and maintenance of sufficient healthful water supplies; [PL 2011, c. 653, §3 (AMD); PL 2011, c. 653, §33 (AFF).] B. Adequate provision has been made for loading, parking and circulation of land, air and water traffic in, on and from the site, and for assurance that the proposal will not cause congestion or unsafe conditions with respect to existing or proposed transportation arteries or methods; [PL 2011, c. 682, §19 (AMD).] C. Adequate provision has been made for fitting the proposal harmoniously into the existing natural environment in order to ensure there will be no undue adverse effect on existing uses, scenic character and natural and historic resources in the area likely to be affected by the proposal. (1) In making a determination under this paragraph regarding whether an applicant has made adequate provision for fitting the proposal harmoniously into the existing natural environment, the commission may consider the effect of at least 1.5 feet of sea level rise by 2050 and 4 feet of relative sea level rise by 2100 as specified by the commission by rule adopted pursuant to section 685‑A, subsection 3 . (2) In making a determination under this paragraph regarding development to facilitate withdrawal of groundwater, the commission shall consider the effects of the proposed withdrawal on waters of the State, as defined by Title 38, section 361‑A, subsection 7 ; water-related natural resources; and existing uses, including, but not limited to, public or private wells, within the anticipated zone of contribution to the withdrawal. In making findings under this subparagraph, the commission shall consider both the direct effects of the proposed withdrawal and its effects in combination with existing water withdrawals. (3) In making a determination under this paragraph regarding a community-based offshore wind energy project, the commission shall consider the project's effects on scenic character and existing uses related to scenic character in accordance with Title 35‑A, section 3452 . (4) In making a determination under this paragraph regarding a wind energy development, as defined in Title 35‑A, section 3451, subsection 11 , that is not a grid-scale wind energy development, that has a generating capacity of 100 kilowatts or greater and that is proposed for location within the expedited permitting area, the commission shall consider the development's or project's effects on scenic character and existing uses relating to scenic character in the manner provided for in Title 35‑A, section 3452 ; C-1. With respect to a wind energy development that has a generating capacity of 100 kilowatts or greater, the person proposing the development has received certification from the Department of Environmental Protection in the manner provided under Title 35‑A, section 3456 ; [PL 2011, c. 682, §19 (NEW).] D. The proposal will not cause unreasonable soil erosion or reduction in the capacity of the land to absorb and hold water and suitable soils are available for a sewage disposal system if sewage is to be disposed on-site; [PL 1999, c. 333, §17 (AMD).] E. The proposal is otherwise in conformance with this chapter and the regulations, standards and plans adopted pursuant thereto; and [PL 2007, c. 661, Pt. C, §3 (AMD).] F. In the case of an application for a structure upon any lot in a subdivision, that the subdivision has received the approval of the commission. [PL 1973, c. 569, §11 (NEW).] The burden is upon the applicant to demonstrate by substantial evidence that the criteria for approval are satisfied, and that the public's health, safety and general welfare will be adequately protected. The commission shall permit the applicant and other parties to provide evidence on the economic benefits of the proposal as well as the impact of the proposal on energy resources. [PL 2021, c. 590, Pt. A, §2 (AMD).]

4-A. Subdivision of land subject to liquidation harvesting. The commission may not approve an application for a subdivision if the commission determines that timber on the parcel proposed for subdivision has been harvested in violation of rules adopted pursuant to section 8869, subsection 14 . If a violation of rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the commission must determine prior to granting approval for the subdivision that 5 years have elapsed from the date the landowner under whose ownership the harvest occurred acquired the parcel. The commission may request technical assistance from the Maine Forest Service to determine if a rule violation has occurred. For the purposes of this subsection, "liquidation harvesting" has the same meaning as in section 8868, subsection 6 and "parcel" means a contiguous area within one municipality, township or plantation owned by one person or a group of persons in common or joint ownership. This subsection takes effect on the effective date of rules adopted pursuant to section 8869, subsection 14 . [PL 2003, c. 622, §1 (NEW).]

4-B. Special provisions; community-based offshore wind energy project. In the case of a community-based offshore wind energy project, the developer must demonstrate, in addition to requirements under subsection 4 , that the proposed generating facilities, as defined in Title 35‑A, section 3451, subsection 5 : A. Will meet the requirements of the Board of Environmental Protection's noise control rules adopted pursuant to Title 38, chapter 3, subchapter 1, article 6 ; [PL 2007, c. 661, Pt. C, §4 (NEW).] B. Will be designed and sited to avoid undue adverse shadow flicker effects; and [PL 2011, c. 682, §20 (AMD).] C. Will be constructed with setbacks adequate to protect public safety, as provided in Title 35‑A, section 3455 . In making findings pursuant to this paragraph, the commission shall consider the recommendation of a professional, licensed civil engineer as well as any applicable setback recommended by a manufacturer of the generating facilities. [PL 2011, c. 682, §20 (AMD).] D. [PL 2011, c. 682, §20 (RP).] [PL 2011, c. 682, §20 (AMD).]

5. Limitation, expiration, transfer and revocation of approval. Commission authorization pursuant to this section shall permit only the arrangement and construction set forth in the approval as issued. Change in use, arrangement or construction shall be considered a violation of this chapter and punishable as provided in this chapter. A violation of any condition attached to a commission approval or permit, or any change in use, arrangement or construction from that approved, shall be deemed a violation of this chapter and, in addition to any other penalties or remedies prescribed herein or otherwise provided by law, shall constitute grounds for the revocation or suspension of this approval. The commission may, acting in accordance with Title 5, section 10003 , amend, modify or refuse to renew any commission approval or permit where the commission determines that the criteria for approval set forth in subsection 4, paragraphs A to F , have not been, are not being, or will not be satisfied. [PL 1977, c. 694, §232 (AMD).]

6. Recording of approved proposals. A copy of each application, marked approved or disapproved, shall be retained in the commission files and shall be available to the public during normal business hours. In the event the commission approves an application for subdivision approval, a copy of an approved plat or plan and a copy of the conditions required by the commission to be set forth in any instrument conveying an interest within the subdivision attested to by an authorized commission signature shall be filed with the appropriate registry of deeds in the county in which the real estate lies. A registrar of deeds shall not record a copy of conditions or any plat or plan purporting to subdivide real estate located within the unorganized and deorganized lands of the State, unless the commission's approval is evidenced thereon. The grantee of any conveyance of unrecorded subdivided real estate or subdivided real estate recorded in violation of this section may recover the purchase price, at interest, together with damages and costs in addition to any other remedy provided by law. [PL 1987, c. 885, §5 (AMD).]

6-A. Recording of land division plan required. A copy of each land division plan must be recorded in the registry of deeds of the county in which the land is located. A. When 3 to 10 lots each containing at least 40 acres are created within a 5-year period and are located more than 1,320 feet from the normal high water line of any great pond or river and more than 250 feet from the upland edge of a coastal or freshwater wetland as defined in Title 38, section 436‑A , a plan showing the division of the original parcel must be filed by the person creating the 3rd lot with the commission within 60 days of the creation of that lot. The plan must state that the lots may be used only for forest management, agricultural management or conservation of natural resources. [PL 2001, c. 431, §4 (AMD).] B. A register of deeds may not record any plan depicting these lots within the unorganized and deorganized lands of the State unless the commission's certification that the division qualifies under section 682‑B is evidenced on the plan. The commission must determine whether the plan qualifies under section 682‑B within 15 business days of receipt of the plan. [PL 2001, c. 431, §4 (AMD).] C. A copy of the certified plan must be filed within 30 days of certification with the State Tax Assessor and the appropriate registry of deeds in the county in which the land is located. [PL 1991, c. 687, §2 (NEW).] D. Failure to file the plan required by this subsection is a violation of this chapter subject to the penalties provided in section 685‑C, subsection 8 . [PL 1991, c. 687, §2 (NEW).] [PL 2001, c. 431, §4 (AMD).]

6-B. Notification of land division required. [PL 2001, c. 431, §5 (RP).]

7. Nonconforming uses and nonconforming structures. To achieve the purposes set forth in this chapter after the adoption of permanent district standards and permanent districts, the commission may regulate and prohibit expansion and undue perpetuation of nonconforming uses. Specifically the commission may regulate and prohibit: A. Changes in nonconforming uses to another nonconforming use; [PL 1971, c. 457, §5 (NEW).] B. Extension or enlargement of nonconforming uses or nonconforming structures; [PL 1989, c. 22, §2 (AMD).] C. Resumption of nonconforming uses, by prohibiting such resumption if such use is discontinued for 2 years or abandoned; and [PL 1973, c. 569, §11 (AMD).] D. Movement or enlargement of a nonconforming structure or of a structure containing a nonconforming use. [PL 1971, c. 457, §5 (NEW).] The commission may also provide for the termination of commercial or industrial nonconforming uses by specifying in land use standards the period or periods in which nonconforming uses shall be terminated and by adjusting such compulsory terminations so as to allow reasonable time for the conversion of such nonconforming uses and reasonable schedules for the amortization of investment. Any use for which a special exception has been granted by the commission, as provided for in section 685‑A, subsection 10 , shall not be deemed a nonconforming use, but shall be deemed a conforming use in such district. For applications to reconstruct a damaged or destroyed nonconforming structure, the commission shall require the new structure to comply with provisions of this chapter to the maximum extent possible. [PL 1989, c. 22, §2 (AMD).]

7-A. Reconstruction of commercial sporting camps. The commission may approve a permit for the reconstruction of a damaged or destroyed nonconforming commercial sporting camp that was a permissible use under commission standards at the time of the damage or destruction. The commission may, consistent with public health, safety and welfare, and to the minimum extent necessary, waive standards that made the original structure nonconforming. The reconstructed structure must replicate the original structure and use to the maximum extent possible and it must be on the same location and within the same footprint as the original structure. Reconstruction must occur within 2 years of the damage or destruction. [PL 1995, c. 386, §3 (NEW).]

7-B. Presumption of nonconforming uses and nonconforming structures. If a person demonstrates that a use or structure that does not conform with district standards has existed for at least 30 years, there is a rebuttable presumption that the use is a nonconforming use or that the structure is a nonconforming structure. [PL 2017, c. 89, §1 (NEW).]

8. Certificates of compliance. It shall be unlawful to use or occupy or permit the use or occupancy of any land, structure, or part thereof, created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structural form, requiring subsequent review and approval pursuant to this subchapter, until a certificate of compliance has been issued therefor by the commission stating that the requirements and conditions of approval have been met. A certificate of compliance may contain such terms and conditions as will protect the health, safety and general welfare of the occupants, users and the public. The commission may establish standards within which authority shall be delegated to its staff, to issue or deny certificates of compliance. Any person aggrieved by a decision of the staff shall have the right to a review of such decision by the commission members within 30 days of such decision. [PL 1973, c. 569, §11 (AMD).]

9. Periodic review of district boundaries and land use standards. [PL 1973, c. 569, §12 (RP).]

10. Moratorium. The commission may adopt a moratorium on the processing or issuance of development permits on a township-by-township basis, on portions of a township or on portions of the territory under its jurisdiction. Any moratorium adopted by the commission must meet the following requirements. A. The moratorium must be necessary: (1) To prevent the shortage or overburdening of public facilities which would otherwise occur during the effective period of the moratorium or which is reasonably foreseeable as a result of any proposed or anticipated development; or (2) Because the application of existing comprehensive plans, land use or zoning regulations or other applicable laws, if any, is inadequate to prevent serious public harm from residential, commercial or industrial development in the affected geographic area. [PL 1989, c. 47, §2 (NEW).] B. The moratorium must be of a definite term not to exceed 180 days except that the moratorium may be extended for additional 180-day periods provided that the commission: (1) Finds that the problem creating the need for a moratorium still exists; and (2) Finds that reasonable progress is being made to alleviate the problem creating the need for a moratorium. [PL 1989, c. 47, §2 (NEW).] C. Any organized town or plantation which has petitioned the commission to remove that town or plantation from the jurisdiction of the Maine Land Use Planning Commission in compliance with section 685‑A, subsection 4 , may, through a town meeting, vote to adopt a moratorium to provide a period of time for the town or plantation to adopt a local comprehensive plan and zoning ordinance and to establish a municipal reviewing authority. The moratorium must be in compliance with paragraphs A and B . The municipal officers, acting in place of the commission, may extend the moratorium pursuant to paragraph B after notice and hearing. [PL 1989, c. 47, §2 (NEW); PL 2011, c. 682, §38 (REV).] [PL 1989, c. 47, §2 (NEW); PL 2011, c. 682, §38 (REV).]
12 M.R.S. § 8884 — ME Code / Title 12 / Part 11 / Chapter 805 / Section 8884
12 §8884. Annual wood processing reports
Status: in_force

1. Wood processor reports. Owners or operators of all roundwood processing operations shall submit an annual report to the director of the bureau during the month of January for the roundwood used or processed by the operation during the preceding year. The report shall specify the amount of roundwood processed by species and county where cut from the stump. [PL 1989, c. 555, §12 (NEW); PL 1989, c. 600, Pt. B, §11 (AFF); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

1-A. Reclaimed waste wood and cedar waste report. [PL 2013, c. 513, §1 (RP).]

2. Imports and exports. Persons, firms, corporations or companies selling forest products out of the State or buying forest products to bring into the State shall submit an annual report to the director of the bureau during the month of January for the forest products sold out of the State or brought into the State. The report must also identify the origin of imported forest products by state or country, the county in the State in which exported forest products were harvested and the destination of exported forest products by state or country. [PL 2005, c. 133, §4 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

3. Confidentiality. Information collected by the bureau under this section is public except for: A. Volumes of forest products; [PL 2013, c. 513, §2 (NEW).] B. Species of forest products; [PL 2013, c. 513, §2 (NEW).] C. Types of forest products; [PL 2013, c. 513, §2 (NEW).] D. County of origin of forest products; and [PL 2013, c. 513, §2 (NEW).] E. Personally identifying information of forest product suppliers to roundwood processing operations and importers and exporters of forest products. [PL 2013, c. 513, §2 (NEW).] Summary reports that use aggregate data that do not reveal the activities of an individual person or firm are public records. [PL 2013, c. 513, §2 (RPR).]

3-A. Disclosure of confidential information. Notwithstanding subsection 3 , confidential information may be disclosed pursuant to this subsection. A. The director of the bureau may disclose information designated as confidential under subsection 3 to the United States Department of Agriculture, Forest Service, Northern Research Station when that entity, in the opinion of the director, requires that information and the bureau and that entity have executed a confidentiality agreement that protects against further disclosure of that information except in summary reports that use aggregate data that do not reveal the activities of an individual person or firm. [PL 2023, c. 495, §1 (NEW).] B. The director of the bureau may not disclose information furnished by a state or federal agency when that information has been designated as confidential by the furnishing agency unless the furnishing agency authorizes the disclosure. [PL 2023, c. 495, §1 (NEW).] A recipient of information pursuant to paragraph A or B may not disclose or use the information except as authorized by the director of the bureau, and the information remains confidential and the property of the bureau. [PL 2023, c. 495, §1 (NEW).]

4. Penalties. A person who: A. Fails to submit a report pursuant to this section commits a civil violation for which a fine of not more than $1,000 for each failure may be adjudged; or [PL 2023, c. 495, §2 (NEW).] B. Receives confidential information pursuant to subsection 3-A and uses that information for a purpose other than that authorized by the director of the bureau commits a civil violation for which a fine of not more than $1,000 may be adjudged. [PL 2023, c. 495, §2 (NEW).] [PL 2023, c. 495, §2 (RPR).]

5. Report. If the bureau provides a report related to wood processor reports received by the bureau in accordance with subsection 1 to the joint standing committee of the Legislature having jurisdiction over forestry management matters, the bureau shall also submit a copy of the report to the joint standing committee of the Legislature having jurisdiction over energy matters. [PL 2023, c. 353, §1 (NEW).]
12 M.R.S. § 1813 — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1813
12 §1813. Acquisition of railroad rights-of-way for open space or recreation corridors
Status: in_force

For the purpose of establishing, preserving or enhancing corridors for use for open space or recreation, the director may acquire with the consent of the Governor and the commissioner, by license, lease, purchase, gift or eminent domain, railroad rights-of-way upon which rail service is no longer operated except that the right of eminent domain may not be exercised without prior review by the joint standing committee of the Legislature having jurisdiction over conservation matters. When railroad rights-of-way or interests in railroad rights-of-way are taken by eminent domain, the proceedings must be in accordance with this section and are not subject to Title 35-A, chapter 65 . For purposes of these acquisitions, the term "owner" as used in this section means the person holding the dominant rights in the property immediately prior to the termination of the operation of rail service and that person's successors and assigns. Acquisitions pursuant to this subsection are not subject to any limitation in acreage. [PL 2009, c. 356, Pt. B, §2 (AMD).]

If the bureau decides to acquire property by eminent domain, it must have the property appraised and offer to the owner just compensation for the interests acquired. The bureau must file in the registry of deeds for each county in which the property lies a notice of the taking that contains a description of the property and of the interest taken and the name or names of the owner or owners. The bureau may join one or more properties in the same notice, whether those properties are in the same or different ownership. A check in the amount of the award and a copy of the notice of taking must be served upon the owner or owners. If there is more than one owner, the check may be served upon any one of the owners of each separate property. The notice of the taking must be published once in a newspaper of general circulation in each county where the property lies, and that publication constitutes service on any unknown owner or owners or other persons who may have a claim or interest in the property. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

Railroad rights-of-way or other interests within the jurisdiction of the United States Interstate Commerce Commission may not be acquired by eminent domain. [PL 1997, c. 678, §13 (NEW).]

If any owner is aggrieved by the bureau's award, the owner may appeal from it to the Kennebec County Superior Court or the Superior Court in the county in which the land lies within 30 days after the date of service or publication of the notice of the taking. The appeal must be taken by filing a complaint setting forth the facts upon which the case will be tried according to the Maine Rules of Civil Procedure. The Superior Court shall determine damages by a jury verdict or, if all parties agree, by the court without a jury or by a referee or referees and shall render judgment for any damages, with interest when it is due. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

Except in the case of an acquisition by license or lease and unless otherwise specifically excepted by the bureau, all reversionary and servient rights in and any other conflicting claims to property acquired pursuant to this section terminate and are extinguished forever as of the date of the acquisition by the bureau. Any person who makes a claim to the property must mail a written notice to the owner and the bureau. Any person damaged by the extinguishing of those rights may make claim for damages in accordance with the eminent domain appeal procedures of this section within 2 years of the date of the acquisition. The burden of proving the validity, compensability and value of any claim is upon the claimant. Notice of the acquisition must be given to the apparent holders of such interests as provided in this section. If the bureau determines that the property acquired may be subject to reversionary or servient interests or other conflicting claims, in order to avoid double or multiple liability, the bureau may make a blanket award of compensation for the acquisition and, instead of serving the award check on the owner, request that the Treasurer of State establish an interest-bearing account into which the full amount of that compensation is deposited. The funds and any interest accrued must be disposed of as follows. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

1. No claims made or action filed within 2-year period. If the 2-year period for filing a claim for damages for the extinguishment of a reversionary or servient right or other conflicting claim expires and no claim has been made or action filed, then the Treasurer of State upon request by the bureau shall pay the funds deposited, including any interest accrued, to the owner as defined in this section. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

2. Claims made or action filed within 2-year period. If one or more claims have been made or an action filed prior to the expiration of the 2-year period for filing a claim for damages, then the owner as defined in this section must be made a party to those claims and the Treasurer of State shall distribute the deposited funds, including any interest accrued, in accordance with the final order entered in such proceedings, including any appeals. [PL 1997, c. 678, §13 (NEW).]

As a result of the difficulty of determining the identities and addresses of the possible holders of reversionary or servient rights or other conflicting claims, personal notice to those holders and their mortgagees is deemed given if the bureau mails a notice of the acquisition, including a description of its effect of extinguishing those rights, first class postage prepaid, to each person shown in the real estate tax records of the municipality in which the property lies as the apparent owner of land abutting the property taken. Notice must be posted in the municipal office building, if any, for that municipality and must be published once in a newspaper of general circulation in the county in which the property lies. [PL 1997, c. 678, §13 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]
12 M.R.S. § 13107 — ME Code / Title 12 / Part 13 / Chapter 937 / Section 13107
12 §13107. Unlawfully operating vehicle on snowmobile trail
Status: in_force

A person may not operate any 4-wheel-drive vehicle, dune buggy, all-terrain vehicle, motorcycle or any other motor vehicle, other than a snowmobile and appurtenant equipment, on snowmobile trails that are financed in whole or in part with funds from the Snowmobile Trail Fund, unless that use has been authorized by the landowner or the landowner's agent, or unless the use is necessitated by an emergency involving safety of persons or property. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

1. Violation. 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, §395 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

2. Repeat violations. 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, §395 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
12 M.R.S. § 10001 — ME Code / Title 12 / Part 13 / Chapter 901 / Section 10001
12 §10001. Definitions
Status: in_force

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

1. Aircraft. "Aircraft" means a machine or device designed for flight. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

2. Alien. [PL 2017, c. 427, §1 (RP); PL 2017, c. 427, §19 (AFF).]

3. Antlerless moose. "Antlerless moose" means a moose without antlers. [PL 2019, c. 355, §1 (AMD).]

3-A. Aquarium. "Aquarium" means an enclosed container used in importing, possessing or displaying nonnative and exotic species of fish or other aquatic organisms that has a closed operating system, that is located within a home, exhibition building or other permanent all-season structure and that does not allow the discharge of water or aquatic organisms into the inland waters of the State. [PL 2003, c. 655, Pt. B, §1 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

3-B. Archery equipment. "Archery equipment" means a bow or crossbow. [PL 2023, c. 239, §3 (NEW).]

4. Artificial lure. "Artificial lure" means a fishing lure constructed by humans as an imitation of or substitute for natural bait or fish forage. "Artificial lure" includes, but is not limited to, artificial flies, spinners, spoons, poppers, plugs, jigs and plastic, rubber or other artificial imitations of natural bait. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

5. Atlantic salmon. "Atlantic salmon" means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. [PL 2007, c. 240, Pt. QQ, §11 (AMD).]

6. Baitfish. "Baitfish" means only those species in the following list: A. Lake chub, (Couesius plumbeus); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Eastern silvery minnow, (Hybognathus regius); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Golden shiner, (Notemigonus crysoleucas); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] D. [PL 2017, c. 150, §1 (RP).] E. [PL 2015, c. 298, §1 (RP).] F. Common shiner, (Luxilus cornutus); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] G. [PL 2017, c. 150, §1 (RP).] H. [PL 2017, c. 150, §1 (RP).] I. Northern redbelly dace, (Phoxinus eos); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] J. Finescale dace, (Phoxinus neogaeus); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] K. Fathead minnow, (Pimephales promelas); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] L. Blacknose dace, (Rhinichthys atratulus); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] M. [PL 2015, c. 298, §1 (RP).] N. Creek chub, (Semotilus atromaculatus); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] O. Fallfish, (Semotilus corporalis); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] P. Pearl dace, (Margariscus margarita); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] Q. Banded killifish, (Fundulus diaphanus); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] R. Mummichog, (Fundulus heteroclitus); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] S. Longnose sucker, (Catostomus catostomus); [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] T. White sucker, (Catostomus commersoni); and [PL 2015, c. 298, §2 (AMD).] U. [PL 2015, c. 298, §3 (RP).] V. American eel, (Anquilla rostrata). [PL 2007, c. 159, §1 (AMD).] W. [PL 2007, c. 159, §1 (RP).] [PL 2017, c. 150, §1 (AMD).]

7. Baitfish trap. "Baitfish trap" means a device used to take baitfish fitted with rigid entrance or exit holes and having a volume no greater than 50 cubic feet. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

8. Bear bait. "Bear bait" means an animal or plant or derivative of an animal or plant used to attract bear. "Bear bait" does not include packaging or container materials that fall within the definition of litter under Title 17, section 2263 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

9. Boundary waters between Maine and New Brunswick. "Boundary waters between Maine and New Brunswick" means: A. In Aroostook County: St. Francis River; Glazier Lake; St. John River; Monument Brook; North Lake; the thoroughfare between North Lake and East Grand Lake; and East Grand Lake; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. In Washington County: East Grand Lake; Mud Lake; St. Croix River; Spednic Lake; and Grand Falls flowage. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §2 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §2 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

10. Closed season. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §3 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]

10-A. Commercially. "Commercially" means, with regard to the buying, selling, bartering or trading of wildlife parts, for the purpose of resale or profit or receiving any form of remuneration. [PL 2013, c. 333, §1 (NEW).]

11. Commissioner. "Commissioner" means the Commissioner of Inland Fisheries and Wildlife. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

11-A. Crossbow. "Crossbow" means a device for propelling an arrow or bolt by means of traverse limbs and a string, mounted on a stock and having a working mechanical trigger safety device and a minimum draw weight of 100 pounds. [PL 2019, c. 325, §1 (NEW).]

12. Department. "Department" means the Department of Inland Fisheries and Wildlife. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

12-A. Dip net. "Dip net" means: A. Except when taking smelts in a tributary or within 100 feet of the mouth of a tributary, a device consisting of a rigid frame filled with netting, firmly attached to a rigid handle and manually operated by a single person; and [PL 2005, c. 237, §1 (NEW).] B. When used to take smelts in a tributary or within 100 feet of the mouth of a tributary, a device consisting of a rigid circular frame that is not more than 24 inches in diameter as measured at any point on the hoop, filled with netting, firmly attached to a rigid handle and manually operated by a single person. [PL 2005, c. 237, §1 (NEW).] [PL 2005, c. 237, §1 (RPR).]

13. Domicile. "Domicile" means the place where a person's true, fixed and permanent home is located. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

14. Drive deer or moose. [PL 2013, c. 408, §1 (RP).]

15. Drowning set. "Drowning set" means a trap set for wild animals that is: A. Set completely underwater; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Rigged in such a way as to reasonably ensure the drowning of any species of trapped furbearer that would reasonably be expected to visit the set location and be held in the type of trap used at the set. [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).]

16. Eel. "Eel" means a member of the species Anguilla rostrata in that stage of its life cycle when it is 9 inches or more in length. [PL 2015, c. 298, §4 (AMD).]

17. Eel pot. "Eel pot" means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. An eel pot is 50 cubic feet or less in total volume and utilizes wire or slatting no smaller than 1/2 inch square measure. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

18. Elver. "Elver" means a member of the species Anguilla rostrata in that stage of its life cycle when it is less than 9 inches in length. [PL 2015, c. 298, §4 (AMD).]

19. Endangered species. "Endangered species" means a species of fish or wildlife that has been determined by the commissioner to be in danger of extinction throughout all or a significant portion of its range and that is listed as a state endangered species under section 12803, subsection 3 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

20. Exotic. "Exotic" means of foreign nature or character, not native. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §4 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

20-A. Finished wildlife products. "Finished wildlife products" means tanned animal hides and finished taxidermy mounts, including full or partial body mounts or antlers mounted on a plaque. [PL 2013, c. 333, §2 (NEW).]

21. Firearm. "Firearm" means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. A. "Autoloading firearm" means a firearm that reloads itself after each shot and requires that the trigger be pulled for each shot. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. "Automatic firearm" means a firearm that will continue to fire as long as the trigger is held back. [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).]

22. Fish, the noun. "Fish" means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. The term refers to fish living predominantly in inland waters and to anadromous and catadromous fish while in inland waters. Whenever the name of a fish, such as "bass" or "trout," is used, it means the named fish or any of its physical parts. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §5 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

23. Fish, the verb. To "fish" means to take, catch, kill, molest or destroy fish or to attempt to take, catch, kill, molest or destroy fish. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

24. Fishing derby. "Fishing derby" means an organized fishing event conducted on inland waters during which contestants compete for cash awards or other prizes. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

25. Fishway. "Fishway" means an artificial device, including fish elevators, fish locks and fish ladders, used to enable fish to migrate upstream past dams, waterfalls, rapids or other obstacles. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

26. Fly. "Fly" means a single, pointed hook dressed with feathers, hair, thread, tinsel or any similar material to which no additional hook, spinner, spoon or similar device is added. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

27. Fly-fishing. "Fly-fishing" means casting upon water and retrieving in a manner in which the weight of the fly line propels the fly. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §6 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

28. Guide. "Guide" means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. [PL 2013, c. 88, §1 (AMD).]

28-A. Hand-held bow or bow. "Hand-held bow" or "bow" means a device for propelling an arrow by means of vertical limbs and a string that is hand held, hand drawn and held in a drawn position by hand or a hand-held mechanical release. "Hand-held bow" or "bow" includes a compound bow, a recurve bow and a long bow. [PL 2023, c. 239, §4 (AMD).]

29. Harass. "Harass" means an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

30. Hook. "Hook" means a single fishhook constructed with one, 2 or 3 points. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

31. Hunt. To "hunt" means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

32. Hunter orange. "Hunter orange" means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers, excitation purity not less than 85% and luminance factor of not less than 40%. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

33. Hunting equipment. "Hunting equipment" means: A. Firearms of any type that are permitted under the laws governing hunting, including muzzle-loading firearms; or [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Archery equipment that is permitted under the hunting laws governing archery. [PL 2023, c. 239, §5 (AMD).] [PL 2023, c. 239, §5 (AMD).]

34. Ice-fishing shack. "Ice-fishing shack" means a temporary structure used for ice fishing on frozen inland waters. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

35. Inland waters. "Inland waters" means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

36. Jacklight. "Jacklight" means any artificial light used while hunting, except lights used and permitted under rules regarding raccoons under the authority of section 10104, subsection 1 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

36-A. Lamprey eel. "Lamprey eel" means the species Petromyzon marinus (sea lamprey). [PL 2015, c. 298, §5 (NEW).]

37. Landlocked salmon. "Landlocked salmon" means the subspecies Salmo salar Sebago that does not customarily migrate from inland waters to the ocean as part of its life cycle. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

38. Merrymeeting Bay. "Merrymeeting Bay" means the waters of the Kennebec River bounded as follows: from the high-tension wires at Chop's Point to the first dam on the Androscoggin River, to the first road bridge on the Muddy, Cathance, Abbagadassett and Eastern Rivers and to the Richmond-Dresden Bridge on the Kennebec River, in the counties of Cumberland, Sagadahoc and Lincoln. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

39. Migratory game bird. "Migratory game bird" means any of the following birds: A. Anatidae, or waterfowl, including brant, wild ducks, geese and swans; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Columbidae, including doves, but not including rock doves, also known as rock pigeons; [PL 2013, c. 280, §1 (AMD).] C. Gruidae, or cranes, including little brown and sandhill cranes; [PL 2013, c. 280, §1 (AMD).] D. Limicolae, or shorebirds, including Wilson's snipe and American woodcock; and [PL 2013, c. 280, §1 (AMD).] E. Rallidae, or rails, including coots, gallinules and sora or other rails. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] [PL 2013, c. 280, §1 (AMD).]

40. Migratory waterfowl. "Migratory waterfowl" means anatidae, or waterfowl, including brant, wild ducks, geese and swans. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

41. Motor vehicle. "Motor vehicle" means any motor-driven vehicle, except motorboats. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

42. Muzzle-loading firearm. "Muzzle-loading firearm" means a muzzleloader, a traditional muzzleloader or a muzzle-loading shotgun. A. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §7 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).] B. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §7 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).] C. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §7 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).] D. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §7 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §7 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]

42-A. Muzzleloader. "Muzzleloader" means a firearm that: A. Is capable of being loaded only through the muzzle; [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. Is ignited by a matchlock, wheel lock, flintlock or caplock, including an in-line caplock or shotgun or rifle primer mechanism; [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. Has a rifled or smooth-bored barrel or barrels, each barrel capable of firing only a single charge; [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] D. Propels a ball, bullet or charge of shot; and [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] E. May have any type of sights, including scopes. [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

42-B. Muzzle-loading shotgun. "Muzzle-loading shotgun" means a firearm that: A. Is capable of being loaded only through the muzzle; [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. Is ignited by a matchlock, wheel lock, flintlock or caplock with an exposed ignition mechanism; [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. Has a smooth-bored single or double barrel, each barrel capable of firing only a single charge; [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] D. Is charged with black powder or black powder replica only; [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] E. Propels a load of shot for the purpose of fowling or small game hunting; [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] F. Propels a charge of buckshot, patched round ball or full-bore diameter lead bullet for purposes of big or small game hunting; and [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] G. May have only open or aperture sights. [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §8 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

42-C. Naturally shed. "Naturally shed" means naturally dropped from the animal without any human manipulation. [PL 2013, c. 333, §3 (NEW).]

43. Nonresident. "Nonresident" means a person who does not fall within the definition of resident in subsection 53 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

43-A. Nonwater-dependent floating structure. "Nonwater-dependent floating structure" has the same meaning as in Title 38, section 3301, subsection 10 . [PL 2025, c. 378, §1 (NEW).]

44. Open firearm season on deer. "Open firearm season on deer" means the time during which it is lawful to hunt deer with a firearm, including the special muzzle-loading season as described in section 11404 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

45. Open season. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §9 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]

46. Organization. "Organization" means a corporation, partnership or unincorporated association. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

47. Paved way. "Paved way" means a public road treated with bituminous or concrete material. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

48. Person. "Person" means a human being or an organization. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

49. Premises. "Premises" includes lands, private ways and any buildings and structures located on the lands or private ways. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

50. Primitive camping area. "Primitive camping area" means a camping location that does not have access to a water supply that is approved by the Department of Health and Human Services. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).]

51. Private pond. "Private pond" means an artifically constructed pond impounded within the limits of the riparian owner, even though the water is not supplied directly from a brook, stream or river. "Private pond" does not include a natural pond or lake having a surface area of more than 10 acres. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

52. Raptor. "Raptor" means a bird of the order Strigiformes and of the families Accipitridae and Falconidae commonly called buteos, accipiters, falcons and owls. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

53. Resident. "Resident" means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who: A. If registered to vote, is registered in this State; [PL 2007, c. 651, §2 (AMD).] B. If licensed to drive a motor vehicle, has made application for or possesses a motor vehicle operator's license issued by the State; [PL 2007, c. 651, §2 (AMD).] C. If owning a motor vehicle located within the State, has registered each such vehicle in the State; and [PL 2007, c. 651, §2 (AMD).] D. Is in compliance with the state income tax laws. [PL 2007, c. 651, §2 (AMD).] A person who is a full-time student at a college or university in the State and has satisfied the requirements of paragraphs A to D is rebuttably presumed to be a resident in the State during that period. [PL 2017, c. 427, §2 (AMD); PL 2017, c. 427, §19 (AFF).]

53-A. River herring. "River herring" means the species Alosa pseudoharengus, commonly called alewife, and Alosa aestivalis, commonly called blueback herring. [PL 2017, c. 150, §2 (NEW).]

54. Salmon. The word "salmon" standing alone without other identification means "landlocked salmon." [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

55. Seine. "Seine" means an ordinary commercial-type minnow seine, not exceeding 1,200 square feet, used vertically to enclose baitfish when its ends are brought together or drawn ashore. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

56. Set line. "Set line" means a line extending into the water and rigged to catch fish that has one end secured to the shore or to a fixed or buoyant object and that is not personally attended. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

57. Single-baited hook. "Single-baited hook" means a single baited apparatus designed to catch only one fish at a time. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

58. Snagging. "Snagging" means to fish by manipulating a hook or hooks in such a manner as to pierce or snag the fish in a part of the body other than the mouth. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

58-A. Species of special concern. "Species of special concern" means a species of fish or wildlife that is not an endangered species or a threatened species but meets criteria for being of special concern as established by the commissioner by rule under section 10105, subsection 19 . [PL 2021, c. 65, §1 (NEW).]

59. Sporting dogs. "Sporting dogs" means sporting dogs as defined by the American Kennel Club, including pointers, retrievers, setters, spaniels, Vizslas, Weimaraners and wirehaired pointing griffons. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

59-A. Sucker. "Sucker" means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker). [PL 2015, c. 298, §6 (NEW).]

60. Sunrise. "Sunrise" means the time computed and established for sunrise for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §10 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

61. Sunset. "Sunset" means the time computed and established for sunset for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §10 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]

62. Threatened species. "Threatened species" means a species of fish or wildlife that has been determined by the commissioner as likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and that is listed as a state threatened species under section 12803, subsection 3 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

62-A. Traditional muzzleloader. "Traditional muzzleloader" means a firearm that: A. Is capable of being loaded only through the muzzle; [PL 2003, c. 655, Pt. B, §11 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] B. Is ignited by a matchlock, wheel lock, flintlock or caplock with an exposed ignition mechanism; [PL 2003, c. 655, Pt. B, §11 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] C. Has a rifled or smooth-bored barrel or barrels, each barrel capable of firing only a single charge; [PL 2003, c. 655, Pt. B, §11 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] D. Is charged with black powder or black powder replica only; [PL 2003, c. 655, Pt. B, §11 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] E. Propels a lead ball, full-bore diameter lead bullet or charge of shot; and [PL 2003, c. 655, Pt. B, §11 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] F. May have only open or aperture sights. [PL 2003, c. 655, Pt. B, §11 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).] [PL 2003, c. 655, Pt. B, §11 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

63. Trap, the noun. "Trap" means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

64. Trap, the verb. To "trap" means to set, place or tend a trap within the fields, forests or waters of the State, to kill an animal that is caught in a trap or to aid or assist another person in setting or placing a trap, tending a trap or killing an animal that is caught in a trap. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

65. Trap net. "Trap net" means a funnel-shaped net designed to intercept and retain fish in a confined space. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

66. Tributary. "Tributary" means a brook, stream or river flowing directly or indirectly into a lake, pond or another brook, stream or river. "Tributary" does not include a lake or great pond. The tributary to a great pond is not considered a tributary to the outlet of that great pond. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

67. Troll. "Troll" means to fish by trailing a line rigged to catch fish behind a watercraft being propelled by mechanical, wind or manual power. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

67-A. Valid license or valid permit. "Valid license" or "valid permit" means a license or permit lawfully obtained in the licensee's or permittee's name and signed by that person. [PL 2003, c. 655, Pt. B, §12 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]

67-B. Upland game species. "Upland game species" includes bobwhite quail, gray squirrel, porcupine, ring-necked pheasant, ruffed grouse, snowshoe hare, spruce grouse and woodchuck. [PL 2021, c. 54, §1 (NEW).]

68. Weir. "Weir" means a device placed in the inland waters of a river, stream or brook that is designed to entrap fish and that exceeds more than 1/3 of the wetted width of the channel. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

69. Wild animal. "Wild animal" means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. Whenever the name of a wild animal, such as "deer" or "bear," is used, it means the named wild animal or any of its physical parts. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

70. Wild bird. "Wild bird" means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. Whenever the name of a wild bird, such as "pheasant" or "eagle," is used, it means the named wild bird or any of its physical parts. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

71. Wildlife. "Wildlife" means any species of the animal kingdom, except fish, that is wild by nature, whether or not bred or reared in captivity, and includes any part, egg or offspring of the animal, or the dead body or parts of the animal. "Wildlife" includes wild animals and wild birds. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

72. Wildlife exhibit. "Wildlife exhibit" means a place where wildlife is kept in captivity, either in an enclosure or by tether, upon any street or highway or upon land, public or private, for the evident purpose of exhibition or attracting trade. The term "wildlife exhibit" does not include the showing of an animal in connection with a theatrical exhibition, circus or agricultural fair. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

73. Wildlife management. "Wildlife management" means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. It may specifically include: A. Regulation of hunting and trapping; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] B. Environmental controls, such as control of water, food, cover, special features and animal diseases; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] C. Research or investigations to provide a basis for sound management in the State; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] D. Manipulation of hunting pressure; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] E. Establishment of game lands, such as parks, forests, refuges and game management areas; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] F. Predator control; [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] G. Artificial replenishment, such as game farming and restocking; and [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).] H. Introduction of exotic species of wild animals or birds where needed. [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).]

74. Wildlife management area. "Wildlife management area" means a tract of land or body of water owned or leased by the department for the purposes of wildlife management as defined in subsection 73 or created by an act of the Legislature with the landowner's permission, and subject to the commissioner's authority under section 12701 . [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]

75. Wolf. "Wolf" means the Gray Wolf (Canis lupus). [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
12 M.R.S. § 6402-A — ME Code / Title 12 / Part 9 / Chapter 617 / Section 6402-A
12 §6402-A. Suspension based on conviction of dragging in cable area
Status: in_force

For any person convicted in court of violating section 6954 or 6954‑A , the commissioner shall suspend the license authorizing the activity in which the person was engaged at the time of the violation. The suspension shall be for one year from the date of the conviction. [PL 1987, c. 1, §1 (AMD).]
12 M.R.S. § 6449 — ME Code / Title 12 / Part 9 / Chapter 619 / Section 6449
12 §6449. Island limited-entry programs
Status: in_force

An island limited-entry program may be established pursuant to this section in order to maintain a number of licenses appropriate for the needs of an island community and the local lobster resource. [PL 2009, c. 294, §2 (NEW).]

1. Proposal to the commissioner. Notwithstanding section 6448, subsection 7‑A , a year-round island community may petition the commissioner for the establishment of an island limited-entry zone program if a minimum of 5 island residents that are holders of a Class I, Class II or Class III lobster and crab fishing license or 10% of the island residents that are holders of a Class I, Class II or Class III lobster and crab fishing license, whichever is greater, signs the petition submitted to the commissioner. If a majority of the Class I, Class II or Class III lobster and crab fishing license holders that are residents on the island voting in a referendum held pursuant to section 6447, subsection 6 support the establishment of an island limited-entry zone program, the commissioner may adopt rules to establish such a program, including a waiting list. Before establishing or amending the number of licenses available to island residents, the commissioner shall determine the number of licenses preferred by a majority of the Class I, Class II or Class III lobster and crab fishing license holders resident on the island. The commissioner may accept the preferences proposed by a majority of the license holders as reasonable and adopt those preferences or reject the preferences as unreasonable. The commissioner shall consult with the lobster management policy council for the lobster management zone in which the island is located before making the decision. [PL 2015, c. 428, §10 (AMD).]

2. No longer resident. An individual who obtains a Class I, Class II or Class III lobster and crab fishing license through an island limited-entry program but who no longer wishes to maintain residency on the island is subject to the following requirements. A. A person who held a Class I, Class II or Class III lobster and crab fishing license and maintained residency on the island for a period of not less than 8 years and who can document to the commissioner that the person harvested lobsters in each of the 8 years may end the person's residency on the island and fish elsewhere in the lobster management zone in which the island is located without going on a waiting list as established in section 6448 . [PL 2009, c. 294, §2 (NEW).] B. A person who holds a Class I, Class II or Class III lobster and crab fishing license and who either has maintained residency on the island for less than 8 years or who has maintained residency on the island for at least 8 years but cannot document to the commissioner that the person harvested lobsters in each of the 8 years may end the person's residency on the island and become eligible to fish elsewhere in the lobster management zone in which the island is located if that person complies with the waiting list requirement established in accordance with section 6448 . [PL 2009, c. 294, §2 (NEW).] [PL 2009, c. 294, §2 (NEW).]

3. Restriction. This section applies only to an island in the coastal waters with a year-round community that is not connected to the mainland by an artificial structure. [PL 2009, c. 294, §2 (NEW).]

4. Rules. The commissioner shall adopt rules to implement the island limited-entry program. The rules must include but are not limited to: A. A definition of residency on an island; [PL 2009, c. 294, §2 (NEW).] B. Allowances for the temporary absence from an island due to a medical condition or educational requirements; and [PL 2009, c. 294, §2 (NEW).] C. Providing for an opportunity for increasing the number of Class I, Class II or Class III lobster and crab fishing license holders on an island, if appropriate, based on the characteristics of the island and the lobster resource. [PL 2009, c. 294, §2 (NEW).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 294, §2 (NEW).]
12 M.R.S. § 1805-A — ME Code / Title 12 / Part 2 / Chapter 220 / Section 1805-A
12 §1805-A. Designation of deer wintering areas
Status: in_force

The director may designate a deer wintering area on a parcel of land under the jurisdiction of the bureau. The designated area must contain high-quality deer wintering habitat with a documented history of significant use by deer. The bureau shall manage the designated area with deer conservation as the highest management priority and may also manage the designated area to benefit other wildlife species that rely on mature softwood forests. The director may designate a deer wintering area or remove the designation as a deer wintering area of a parcel of land under this section only pursuant to a habitat management agreement developed in collaboration with the Department of Inland Fisheries and Wildlife. A designated area under this section is eligible for funds from the Maine Deer Management Fund under section 10264 . The designation of a deer wintering area under this section does not preclude or discourage the department from managing another parcel of land to promote habitat for deer. The department and the Department of Inland Fisheries and Wildlife shall include a summary of additions or changes to deer wintering areas under this section in an annual report to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters and to the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters. [PL 2023, c. 187, §1 (NEW).]