An Act To Encourage Hunting by Simplifying Hunting Laws LR0487(02)
Maine Legislature, Session 121, LD 1083
Committee Amendment CA_A_H391 (House)
Amends: 12 MRSA §7072, 12 MRSA §7101-A, 12 MRSA §7102-A, 12 MRSA §7406, 12 MRSA §7451, 12 MRSA §7452, 12 MRSA §7, 12 MRSA §7458, 12 MRSA §7463-A, 12 MRSA §7464, 12 MRSA §7472, 12 MRSA §7901-A

COMMITTEE AMENDMENT "fi" to H.P. 801, L.D. 1083, 
Act To Encourage Hunting by Simplifying Hunting Laws" 
Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 12 MRS A §7001, sub-§§34 and 35, as enacted by PL 1979, 
c. 420, §1, are amended to read: 
34. 
Sunrise. 
"Sunrise" 
means 
the 
time 
computed 
and 
established 
for 
sunrise 
for 
Ay§ys~a Bangor, 
Mainer 
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. 
35. 
Sunset. 
"Sunset" 
means 
the 
time 
computed 
and 
established for sunset for Ay§ys~a Bangor, Mainer 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. 
Sec.2. 12 MRSA §7072, sub-§5 is enacted to read: 
5. 
Agent 
fee cap. 
A clerk or agent appointed by 
the 
commissioner under this section to issue licenses or permits may 
charge agent fees as provided in this Part up to a maximum of $6 
during a single transaction. For purposes of this subsection, 
"transaction" means a single event in which one or more licenses 
or permits are issued to a person in that person's name. 
COMMITTEE AMENDMENT 
R.O'S, . 
COMMITTEE AMENDMENT "if:. to H.P. 801, L.D. 1083 
Sec. 3. 12 MRSA §7101-A is enacted to read: 
§7101-A. 
Bunting without a license 
Notwithstanding section 7371. 
subsection 3, 
a 
person may 
assist in a hunt without a license or permit for that activity as 
long as that person does not carry hunting eguipment or engage in 
driving deer as described in section 7458, subsection 10. 
Sec. 4. 12 MRSA §7102-A, sub-§6, ~C, as amended by PL 2001, c. 
387, §9, is further amended to read: 
C. 
The 
commissioner shall by rule establish a 
special 
archery 
season 
beginning 
at 
least 
days 
prior 
and 
extending to the beginning of the regular deer hunting 
season, 
as 
described 
in 
section 
7457, 
subsection 
1, 
paragraph A, for the purpose of hunting deer with bow and 
arrow only. 
During the special archery season on deer, the 
following restrictions apply. 
(1) 
Deer may be taken only by means of a hand-held bow 
and broadhead arrow: 
(a) 
Bows must have a minimum draw weight of 35 
pounds; and 
(b) 
Arrowheads, 
including mechanical broadheads 
when open, must be at least 7/8 inch in width. 
(2) 
A person may not carry firearms of any kind while 
hunting any species of wildlife with bow and arrow 
during the special archery season on deer, except that 
any person who holds a license that allows hunting with 
firearms may carry a handgun. 
(3) 
If a person takes a deer with bow and arrow during 
the special archery season on deer, 
that person is 
precluded from further hunting for deer during that 
year. 
(4) 
Except 
as 
provided 
in 
this 
subsection, 
the 
provisions of chapters 701 to 721 concerning deer are 
applicable to the taking of deer with bow and arrow, 
including 
the 
transportation, 
registration 
and 
possession of deer taken by this method. 
Sec. 5. 12 MRSA §7406, sub-§5, as amended by PL 1991, c. 443, 
§23, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~;, to H.P. 801, L.D. 1083 
5. 
Biqht huntinq. 
-A- Except as otherwise provided in this 
Part, a person is-§~i*~y-9~-Ri§h~-h~R~iR§-i~-~ha~-~eFs9R may not: 
A. 
H~R~S Hunt wild birds or wild animals from 30 minutes 
~ 
sunset to 
*,L6-h9~H: 30 minutes before sunrise of the 
following daYf-9F i 
8T---H~a~s-~~~-~~~r-~-~~~-~£~--eeye~e6--as 
~F9YiQeQ-~B-~~~-~~-~-1a*T-~~em-~~~~--a~~~-s~Rse~ 
~R~i*-*,La-he~F-BefeFe-s~RFise-~he-fe**ewiR§-QaYT 
Sec. 6. 12 MRSA §7406, sub-§6, as amended by PL 1999, c. 457, 
§1, is repealed. 
Sec. 7. 12 MRSA §7406, sub-§10, as amended by PL 1999, c. 127, 
Pt. D, §1, is further amended to read: 
10. 
Illeqal possession. 
A person is guilty of illegal 
possession of wild animals or wild birds if that person possesses 
any wild animal or wild bird taken in violation of subsection 4, 
5, 
fir 7, 
9-A, 
9-8, l3, 16 or 17 or Title 17-A, section 402, 
except as otherwise provided in chapters 701 to 721. 
Sec. 8. 12 MRSA §7406, sub-§13, as amended by PL 1983, c. 215, 
is further amended to read: 
13. 
Discharqinq firearm near dwellinq. 
Unless a relevant 
municipal ordinance provides otherwise and except as provided in 
see~ieR sections 7501 and 7502, a person is-§~i*~y-ef-Q46eAa~§iB§ 
a-..f-i~-e-ar-m--aeaF--a-..(iwe..1-1-HKj-4~--h&--QisehaF§es may not discharge a 
firearm within 100 yards of a residential dwelling without the 
permission of the owner or, in his the owner's absence, of an 
adult occupant of that dwelling. 
Nothing in this subsection may 
be construed to prohibit a person from killing or taking a wild 
animal in accordance with sections 7501 and 7502. 
Sec. 9. 12 MRSA §7406, sub-§20, ,A, as amended by PL 2001, c. 
387, §20, is further amended to read: 
A. 
Notwithstanding the provisions of subsection 9-A: 
(1) 
A person may hunt migratory waterfowl 
from 
a 
motorboat in accordance with federal regulations; 
(2) 
A person who has a valid Maine permit to carry a 
concealed weapon may have in or on a motor vehicle or 
trailer a loaded pistol or revolver covered by that 
permit; 
COMMITTEE AMENDMENT 
~i,O' S 
COMMITTEE AMENDMENT ,,~, to H,P, 80L L,D, 1083 
(3) 
Paraplegics and single or double amputees of the 
legs may shoot from motor vehicles that are not in 
motion; and 
(4) 
A person may shoot from a motorboat waeB-~ae-ffie~eF 
is-~fi~~-~~-~-~a&-gea~-~~~-~~~r-~r-ffieeF&eT 
Fes~iB~--a~-~~~-~--~-~~-p£~~ea--6elely--ay 
paeel&r--eaFs--eF--pele if that 
boat 
is 
not 
being 
propelled by its motor. 
Sec. 10. 12 MRSA §7451, sub-§2, 1fB, as repealed and replaced 
by PL 1989, c. 913, Pt. A, §8, is repealed. 
Sec. 11. 12 MRSA §7451, sub-§3, 1fA, as amended by PL 1997, c. 
432, §42, is further amended to read: 
A. 
Bait may not be used to hunt or trap black bear, unless: 
(1) 
The bait is placed at least 50 yards from any 
travel way that is accessible by a conventional 2-wheel 
or 4-wheel drive vehicle; 
(2) 
The stand, blind or bait area is plainly labeled 
with a 2-inch by 4-inch tag with the name and address 
of the baiter; 
(3) 
The bait is placed more than 500 yards from aBY 
eWflp a site permitted or licensed for the disposal of 
solid waste or ~ campground; 
(4) 
The bait is placed more than 500 yards from an 
occupied dwelling, unless written permission is granted 
by the owner or leasee; 
(5) 
The bait is placed not more than 30 days before 
the opening day of the season and not after October 
31st; 
(6) 
The bait areas will be cleaned up by November 
10th, as defined by the state litter laws; and 
(7) 
The person hunting from 
another person has permission 
stand or blind. 
any 
of 
stand or 
the owner 
blind of 
of that 
Sec. 12. 12 MRSA §7452, sub-§4, as enacted by PL 1979, c. 420, 
§1, is amended to read: 
4. 
Exceeding bag limit on bears. 
Except 
as otherwise 
provided, a person is guilty of exceeding the bag limit on bears 
COMMITTEE AMENDMENT 
R.O'S 
COMMITTEE AMENDMENT .. fl .. to H.P. 801. L.D. 1083 
if be that person possesses more than one bear in any calendar 
year. 
A person may keep more than one legally obtained bear in 
that person's home at any time. 
Sec. 13. 12 MRSA §7452, sub-§5, as repealed and replaced by PL 
1987, c. 587, is amended to read: 
5. 
Hunting or trapping bear near dumps. 
The commissioner, 
or 
the 
commissioner's 
agent, 
shall 
establish 
a 
line 
of 
demarcation at least 
6gg 
~ yards 
from sites permitted or 
licensed for the disposal of solid waste. 
A person is-~~i±Ey-9f 
b~BEiB~-e~-~~~~~--»&a~-Q~ps-~~-~~-~~-a~&&&r-EFapsT 
ffi9±esEs-e£-~asses ~--e~-£eleases may not hunt, trap, molest 
or harass a bear or release dogs for the purpose of hunting bear 
within this area. 
The commissioner, or the commissioner's agent, 
is exempt from this prohibition for the purpose of live trapping 
nuisance bears. 
Sec. 14. 12 MRS A §7452, sub-§8, as amended by PL 1999, c. 403, 
§20, is repealed. 
Sec. 15. 12 MRSA §7452, sub-§12, as amended by PL 1999, c. 
322, §l, is repealed. 
Sec. 16. 12 MRSA §7 457, sub-§2, ,B, as enac ted by PL 1979, c . 
420, §l, is repealed. 
Sec. 17. 12 MRSA §7458, sub-§I, as enacted by PL 1979, c. 420, 
§l, is amended to read: 
1. 
Exceeding bag limit. 
A person is guilty of exceeding 
the bag limit on deer if be that person possesses more than one 
deer during any open season, except as otherwise provided. 
h. 
person may keep more than one legally obtained deer in that 
person's home at any time. 
Sec. 18. 12 MRSA §7458, sub-§8, as repealed and replaced by PL 
1993, c. 438, §3l, is repealed. 
Sec. 19. 12 MRSA §7458, sub-§15, ,C, as enacted by PL 1979, c. 
420, §l, is repealed. 
Sec. 20. 12 MRSA §7463-A, sub-§9, as enacted by PL 1981, c. 
118, §2, is amended to read: 
9. 
Bag limit. The bag limit is one moose per permit holder. 
In the case of a permittee and a subpermittee, the permit sball 
a±±9w allows one of them to take one moose. 
Except as provided 
in sections 7501 and 7502, a person may not shoot more than one 
moose in a 
calendar year. 
A person may keep more than one 
legally obtained moose in that person's home at any time. 
COMMITTEE AMENDMENT 
R.tiS 
COMMITTEE AMENDMENT "fl" to H.P. 801, L.D. 1083 
Sec. 21. 12 MRSA §7464, sub-§7, as amended by PL 1993, c. 438, 
§34, is repealed. 
Sec. 22. 12 MRSA §7464, sub-§8, as enac ted by PL 1979, c. 72 3, 
§20, is repealed. 
Sec. 23. 12 MRSA §7472 is enacted to read: 
§7472. 
Possession of a gift bear. deer. moose or wild turkey 
A person may not. except as provided in section 7531 and 
notwithstanding the provisions of section 7452. subsection 13. 
possess any part or parts of a bear. deer. moose or wild turkey 
given to that person unless that gift bear. deer. moose or wild 
turkey is labeled with the name of the person who registered it 
and the year the animal was registered by that person. 
Sec. 24. 12 MRSA §7901-A, sub-§6, ~C, as amended by PL 2001, 
c. 655, §18 and c. 667, Pt. B, §10, is repealed and the following 
enacted in its place: 
C. 
Chapter 709. subchapter 3 violations: 
(1) 
Hunting or trapping bear near a site permitted or 
licensed for the disposal of solid waste as described 
in section 7452. subsection 5: 
(2) 
Failure 
to attach 
a 
bear 
tag 
to 
a 
bear 
as 
described in section 7452. subsection II: 
(3) 
Illegally 
transporting 
bear 
as 
described 
in 
section 7452. subsection 13: 
(4) 
Transporting bear out of the State as described in 
section 7452. subsection 14: 
(5) 
Hunting migratory game birds without certification 
as described in section 7456. subsection I-A; 
(6) 
Hunting waterfowl on Haley Pond as described in 
section 7456. subsection 2; 
(7) 
Transporting deer out of the State as described in 
section 7458. subsection 12: 
(8) 
Hunting deer with a .22 caliber rim fire cartridge 
as described in section 7458. subsection 13; 
COMMITTEE AMENDMENT 
f1. C,S 
COMMITTEE AMENDMENT ,,~. to H.P. 801, L.D. 1083 
(9) 
Use of a 
firearm in the Town of Southport as 
described in section 7458, subsection 14: 
(10) 
Possessing or transporting wild hares or rabbits 
as described in section 7462, subsection 4; 
(11) 
Failure to attach a 
moose tag to a 
moose as 
described in section 7464, subsection 6; 
(12) 
Use of illegal firearms as described in section 
7464, subsection 8-A; 
(13) 
Illegal hunting methods as described in section 
7464, subsection 8-C; 
(14) 
Failure to attach a wild turkey tag to a wild 
turkey as described in section 7469, subsection 7; and 
(15) 
Taking of snakes and turtles from the wild for 
commercial purposes as described in section 7471;' 
SUMMARY 
This amendment replaces the bill and does the following: 
1. 
It changes the location used for determining sunrise and 
sunset times from Augusta to Bangor and defines night hunting as 
hunting between 30 minutes after sunset and 30 minutes before 
sunrise; 
2. 
It repeals the twilight hunting prohibition; 
3. 
It caps the amount of agent fees that can be charged for 
a single transaction at $6 and defines a "transaction" to mean a 
single event in which one or more licenses or permits are issued 
to a given person in that person's name; 
4. 
It includes "mechanical broadheads when open" in the 
width requirement for arrowheads used to hunt deer; 
5. 
It repeals the requirement that the Department of Inland 
Fisheries 
and Wildlife 
advertise bear 
and 
deer 
registration 
stations in one or more of the State's daily newspapers; 
6. 
It amends the prohibition on placing bear bait within 
yards of a dump by clarifying the word "dump" to mean a site 
permitted or licensed for the disposal of solid waste, and it 
extends to 500 yards the area around a solid waste disposal site 
that is off limits to bear hunting and trapping activities; 
COMMITTEE AMENDMENT 
i\ t)\ S. 
COMMITTEE AMENDMENT .. fr' to H.P. 801, L.D. 1083 
7. 
It clarifies 
the 
prohibition against 
discharging 
a 
weapon near a dwelling: 
8. 
It allows a person to shoot from a boat as long as the 
boat is not being propelled by its motor; 
9. 
It amends the law to remove the requirement that the 
Department of Inland Fisheries and Wildlife provide bear tags as 
part of the big game license: 
10. 
It repeals the law that would allow a person to leave 
an unregistered bear in the woods if, within 18 hours, 
that 
person notifies a game warden about the location of the bear and 
the reasons for leaving it in the woods; 
11. 
It amends the law to allow a person to possess a gift 
bear, deer, moose or wild turkey if it is labeled with the name 
of the person who registered the animal and the year that person 
registered the animal: 
12. 
It clarifies that a person may not shoot more than one 
moose per year; 
13. 
It clarifies existing law that a person may assist in a 
hunt as long as that person does not possess hunting equipment or 
conduct illegal game driving activities: and 
14. 
It allows 
a 
person to keep more than one lawfully 
possessed bear, deer or moose in that person's home. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/12/03 ~ac:.. 
Office of Fiscal and Program Review 
LD 1083 
An Act To Encourage Hunting by Simplifying Hunting Laws 
LR0487(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
May decrease the number of civil violations and criminal cases filed in the court system. The net effect on the 
Judicial Department workload and administrative costs will be minimal. 
LR0487(2) - Fiscal Note - Page 1 of 1