An Act Regarding Hunting Hours, Permits and Seasons
Maine Legislature, Session 121, LD 1259
Committee: Inland Fisheries and Wildlife
Sponsors: DUNLAP, BRYANT, HONEY, RICHARDSON, THOMAS, TOBIN, TRAHAN, WHEELER, WOTTON, CARPENTER
Amends: 12 MRSA §7079-C, 12 MRSA §7102-A, 12 MRSA §7107-A, 12 MRSA §7108, 12 MRSA §7112, 12 MRSA §7406, 12 MRSA §7451, 12 MRSA §7457, 12 MRSA §7463-A, 12 MRSA §7468, 12 MRSA §7945

Legislative Document 
No. 1259 
H.P.933 
House of Representatives, March 6, 2003 
An Act Regarding Hunting Hours, Permits and Seasons 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Representative DUNLAP of Old Town. 
Cosponsored by Senator BRYANT of Oxford and 
7J1~ 
1?1.1lld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: HONEY of Boothbay, RICHARDSON of Greenville, THOMAS of Orono, 
TOBIN of Dexter, TRAHAN of Waldoboro, WHEELER of Kittery, WOTTON of Littleton, 
Senator: CARPENTER of York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §7079-C, sub-§2, as enacted by PL 1999, c. 
220, §1, is amended to read: 
2. 
Exhibit license or permit. 
Exhibit that license or 
permit for inspection upon request to a warden or other law 
enforcement officerT-~-~~~f-~he-~~~~-~-Fe~is~eFea 
Ma4Re--§~iae or the owner of the land on which the licensed 
activity is taking place. 
Sec. 2. 12 MRSA §7102-A, sub-§6, as amended by PL 2001, c. 
387, §9, is further amended to read: 
6. 
Open seasons for hunting with bow and arrow. 
Permitted 
seasons for hunting with bow and arrow are as follows. 
A. 
;J;~--1&--l~-,--eHeep~ Except as otherwise provided in 
chapters 701 to 721, 
~e-~--aBy-~-l~~~~-e~-~~-aBiffia* 
wi~h-~-haBa-he*a-~-aBa-~~~-a~FiB~-~-epeB-~-eB 
~ha~--bi~~-G-r--aBiffia* the commissioner may by rule establish 
an open season to hunt birds or wild animals with a bow and 
arrow and may by rule shorten or lengthen an open season on 
birds or wild animals if planned harvest levels are exceeded 
or not achieved. 
B. 
Except as provided in section 7377, subsection 1, an 
archery hunting license is required for persons 16 years of 
age or older to hunt deer with bow and arrow during the 
special open season on deer established under paragraph C. 
C. 
The 
commissioner shall by 
rule establish 
a 
special 
archery 
season 
ae~iRRiR~--~---~&--~G--4ay~-~~~~--aBa 
eH~eBaiB~--~e--&h&-~~~-~--~~-~e~~-l~~--aee~--h~B~iB~ 
seaseBT--~-~&eFi&eG--~~-~~--+4e+7--~-~--lT 
paFa<iJFa-ph--AT 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 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. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. 12 MRSA §7107-A, sub-§4, as amended by PL 1997, c. 
432, §§20 to 22, is further amended to read: 
4. 
Open season. 
~A.e!'e--i-&--a--&~ej,.a]"-~-e--J.-&ad:i-nq--epeB 
seaseB-~-~~--iffiffieaia~e],.y-~~l~~~-~ae--~~l-&r-~--A.QB~iB§ 
seaseB-~~-~~-PQ!'pese-~-~~-aee!'-~y-~it~-ffiQ88~e-~eaaiB§ 
Ei!'ea!'ffis--a6--~~~-~~-~-~--~~r--&a&&ee~iea--~6-AT The 
commissioner 
may 
by 
rule establish 
a 
special muzzle-loading 
season for hunting deer and may by rule shorten or lengthen that 
season if planned 
deer 
harvest 
levels 
are 
exceeded or 
not 
achieved. 
The commissioner may establish seasons of different 
lengths in different regions of the State. 
The commissioner may 
terminate t:A.is an open season at any time, in any area, if, in 
the 
commissioner's opinion, 
an 
immediate 
emergency action is 
necessary due to adverse weather conditions or severe hunting 
pressure. 
~A.e-~~~~--&h&-speeia~-~~~~~~~~~~-j,.&-as 
Ee~~ews.. Rules adopted pursuant to this subsection are routine 
technical rules as def ined in Ti Ue 5, chapter 375, subchapter 
2-A. 
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Sec. 4. 12 MRSA §7108, sub-§3, as amended by PL 1989, c. 676, 
is further amended to read: 
3. 
Open season. 
Ne~wi~a6~aRQ4R~-~&iG-&--1~--&ab&eet:ieB 
9T-aR-epeR-~~~~-~~~~~~-&~&-i-&-a],.],.-eeaat:ies-e{ 
~A.e-~~~-~reffi-~~-~~~--&&-~~~--6@t:a-~~-es~ab~isA.eaT The 
commissioner may by rule establish an open season for coyote 
hunting and may by rule shorten or lengthen that season if 
planned coyote harvest levels are exceeded or not achieved. 
The 
commissioner may terminate this open season at any time in any 
area if, in the commissioner I s opinion, an immediate emergency 
action is necessary due to adverse weather conditions or illegal 
hunting activity. 
Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
Sec. 5. 12 MRSA §7112 is enacted to read: 
§7112. 
Permit transfer system 
Except as otherwise provided in chapters 701 to 721, the 
following provisions govern the transfer of hunting permits. 
1. 
Permit transfer. 
The commissioner shall establish by 
rule a system to allow a person who holds a valid hunting permit 
to transfer that permit to another person who is eligible to hold 
that permit. 
Rules adopted pursuant to this section are routine 
technical rules as defined in Ti tIe 5, chapter 375, subchapter 
2-A. 
2. 
Prohibition. 
A person who transfers a hunting permit 
under this section may not sell or charge a fee for that permit. 
3. 
Penalty. 
A person who violates subsection 2 commits a 
Class E crime. 
Sec. 6. 12 MRSA §7406, sub-§5, as amended by PL 1991, c. 443, 
§23, is further amended to read: 
5. 
Niqht huntinq. 
A person 
is-~-:l~-y---G-~-R-i~h-t.--hun-t-i-ng--H 
EhaE-peFseR may not: 
A. 
W\iRES Hunt wild birds or wild animals, except raccoons 
and coyotes as otherwise provided in this Part, 
from 15 
minutes after sunset to 
l~~-he\iF 30 minutes before sunrise 
of the following daYf-eFi 
QT---HaR~S-~~~-~~~r-~-~~-a~~--€eye-t.e6--as 
pFeviaea--iR-~~~-~~-~-1dlT-~~em--:l~~~--a~B&F-S\iRSeE 
\iREil-l~d-he\iF-aeteFe-s\iRFise-Ehe-tellewiR~-aaYT 
For the purposes of this subsection, "sunset" is the time the sun 
sets in Bangor, Maine. 
Sec. 7. 12 MRSA §7406, sub-§6, as amended by PL 1999, c. 457, 
§1, is further amended to read: 
" 
• 
6. 
Twiliqht hunting. 
A person 
is--§ail~y--9~--~wili§R~ 
RaB~iB§--i.f--t.-ha-t--p&F-~a--RaB~s may not hunt wild animals or wilg 
~, except raccoons as otherwise provided in eRap~e£6--+O-1--~9 
+61 this Part, between sunset and 15 minutes after sunset aBQ-1~6 
R9aE--at"-t.-&r'--saBse~ during the open firearm season on deer. 
For 
the purposes of this subsection, "sunset" is the time the sun 
sets in Bangor, Maine. 
A person who violates this subsection commits a Class E crime. 
Sec. 8. 12 MRSA §7451, sub-§I, as amended by PL 1993, c. 167, 
§1, is further amended to read: 
1. 
Open and closed season. 
This subsection governs the 
hunting seasons for bear. 
A. 
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M9BQay-~~~-gep~embe£--b&~-~~-~9¥em&eF--~~-aBBaallYT 
The commissioner may by rule establish an open season for 
bear hunting and may by rule shorten or lengthen that season 
if 
planned 
bear 
harvest 
levels 
are 
exceeded 
or 
not 
achieved. 
The commissioner may, pursuant to section 7035, 
subsection 1, adopt rules prohibiting the use of bait to 
hunt black bear during any portion of the open bear hunting 
season. 
B. 
There sRall-be ~ an open season on trapping bear from 
September 1st to October 31st annually. 
C. 
~ReFe-sRall-be The commissioner may by rule establish an 
open season on using a dog or dogs in conjunction with bear 
hunting 
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~Re-~~~~-~Re-~-~~~~-seaS9B-~~F--pF9ViQeQ 
iB-6ee~i9B-+4§+T-6absee~i9B-1 and may shorten or extend that 
season if planned bear harvest levels are exceeded or not 
achieved. 
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E. 
The commissioner may terminate the open season on bear 
as established in paragraph A, Band C at any time in any 
part of the State, if in his opinion, an immediate emergency 
action is necessary due to adverse weather conditions or 
severe hunting or trapping pressure. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 9. 12 MRSA §7457, sub-§I, as amended by PL 2001, c. 690, 
Pt. A, §§8 and 9 and affected by §18, is further amended to read: 
1. 
Open and closed season. 
A. 
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iB-~~~~--yea~-4B-~~-~~B~1es-ef-~~~~~-eetweeB 
Sep~effieeF-~a~h-~~--~~~h-aBBaallyT The commissioner 
may by rule establish an open season for deer hunting and 
may by rule shorten or lengthen that season if planned deer 
harvest levels are exceeded or not achieved. 
Rules adopted 
pursuant to this paragraph are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
In any 
year that the regular season extends beyond November 30th, 
the regular season must start no later than the 4th Monday 
preceding Thanksgiving. 
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F. 
The commissioner may terminate the open season on deer 
at any time in any area if, in his opinion, an immediate 
emergency 
action 
is 
necessary 
due 
to 
adverse 
weather 
conditions or severe hunting pressure. 
G. 
Whenever a section or sections of the State are closed 
to hunting by proclamation of the Governor during the open 
season on deer, the commissioner, after the proclamation has 
been annulled, with the consent of the Governor, may extend 
the open season for deer hunting in that section or those 
sections of the State for a period not to exceed the number 
of days lost. 
H. 
The commissioner may regulate the taking of antlerless 
deer within any area of the State, as necessary, to maintain 
deer populations in balance with available habitat if the 
following conditions are met. 
(1) 
The 
demarcation 
of 
each 
area 
must 
follow 
recognizable physical boundaries such as rivers, roads 
and railroad rights-of-way. 
(2) 
The determination must be made and published prior 
to August 1st of each year. 
(4) 
The commissioner may adopt rules necessary for the 
administration, 
implementation, 
enforcement 
and 
interpretation of this subsection, except that there 
may not be 
an antler1ess deer permit system unless 
otherwise 
specified 
in 
this 
paragraph. 
Any 
rules 
adopted by the commissioner that provide for permits to 
be issued to nonresident or alien hunters must provide 
that: 
(a) 
The 
percentage of antlerless deer permits 
issued to nonresident and alien hunters may not 
exceed the average percentage of applicants for 
antlerless deer permits over the previous 3 years 
who were nonresidents or aliens; and 
(b) 
No 
more 
than 
15% 
permits issued in anyone 
zone 
may 
be 
issued 
to 
hunters. 
of 
the antlerless deer 
district or in anyone 
nonresident 
and 
alien 
(5) 
An antlerless deer permit system adopted by the 
commissioner pursuant to this section may include a 
provision giving special consideration to landowners 
who keep their lands open to hunting by the public. 
Any 2 or more areas of land owned by the same person 
that are open for hunting and that would be contiguous 
except for being divided by one or more 
roads are 
considered contiguous for the purposes of determining 
landowner eligibility for special consideration under 
this subparagraph. 
(6) 
Rules adopted by the commissioner pursuant to this 
paragraph must require that a resident possess a valid 
hunting 
license 
to 
be 
eligible 
to 
apply 
for 
an 
antlerless deer permit. 
A junior hunter or a person 65 years of age or older may 
take an antlerless deer, if a 
person who 
holds 
a 
valid 
antlerless deer permit transfers the permit to the junior 
hunter or person 65 years of age or older by identifying the 
name, 
age and address of the transferee on the permit as 
well as any other information reasonably requested by the 
commissioner and then returns the permit to the department 
prior to the start of the firearm season on deer. 
The 
commissioner shall record the transfer and return the permit 
to the junior hunter or person 65 years of age or older. 
A 
valid permit must be in the possession of the transferee in 
order for the transferee to take an antlerless deer. 
If the 
person transfers the permit to the junior hunter or person 
years of age or older, that person is prohibited from 
taking an antlerless deer. 
I. 
The commissioner, by rule, may create special hunting 
seasons for the taking of deer in any part of the State to 
maintain deer populations in balance with available habitat, 
subject to the following. 
( 1) 
The 
demarcation 
of 
each 
recognizable physical boundaries, 
and railroad rights-of-way. 
area 
must 
follow 
such as rivers, roads 
(2) 
The determination of these areas must be made and 
published prior to August 1st of each year. 
(3) 
The commissioner may implement a permit system to 
regulate hunter participation in a special season and 
the number, sex and age of deer harvested. 
If permits 
are issued, the fee for a deer permit other than an 
antlerless deer 
permit is 
$30 
and 
the 
fee 
for 
an 
antlerless deer permit is $10. 
A resident applicant 
must possess a valid hunting license issued to that 
person to be eligible to apply for a permit under this 
paragraph. 
(5) 
The 
commissioner 
may 
establish limits 
on 
the 
number of deer taken or possessed by persons during any 
special season. 
Limits established by the commissioner 
under this subparagraph are exceptions to the limits 
imposed under section 7458, subsections 1 and 2. 
(6) 
The commissioner may specify types of weapons to 
be used during a special season. 
J. 
The commissioner may establish a youth deer hunting day 
by rule. 
Rules 
adopted pursuant 
to this paragraph are 
routine technical rules as defined in Title 5, chapter 375, 
subchapter ~~-A 2-A. 
Sec. 10. 12 MRSA §7463-A, sub-§5, as amended by PL 1999, c. 
324, §l, is further amended to read: 
5. 
Eligibility. Except as provided in this subsection, aBY 
g Maine resident T who possesses a valid hunting license issued to 
that person is eligible to apply for a moose hunting permit. 
A 
nonresident or alien who is eligible to obtain a Maine hunting 
license or who will be eligible to obtain a Maine hunting license 
by the opening day of the open moose season is eligible to apply 
for a moose hunting permit. 
A person who has obtained a moose 
hunting permit may not obtain another permit until 2 years have 
elapsed since the issuance of the last permit. 
This limitation 
does not apply to subpermittees. 
Sec. 11. 12 MRS A §7467, as enacted by PL 1981, c. 575, is 
repealed and the following enacted in its place: 
§7467. 
Raccoons 
The commissioner may by rule establish an open season for 
raccoon hunting and may by rule shorten or lengthen that season 
if planned raccoon harvest levels are exceeded or not achieved. 
Rules 
adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 12. 12 MRSA §7468, sub-§6, as amended by PL 2001, c. 655, 
§7, is further amended to read: 
6. 
Application procedure. 
If wild 
turkey permits 
are 
issued by public chance drawing, persons wishing to apply for a 
permit shall apply in a manner prescribed by the commissioner. 
A 
resident must possess 
a valid hunting license issued to that 
person to be eligible to apply for a wild turkey hunting permit. 
The application must be accompanied by an application fee of $5 
for 
residents 
and 
$10 
for 
nonresidents 
and 
aliens. 
The 
application fee may not be refunded. 
Sec. 13. 12 MRSA §7468, sub-§9, as amended by PL 1993, c. 574, 
§23, is further amended to read: 
9. 
Legal hunting time. 
The legal hunting time, 
unless 
otherwise provided by rule of the commissioner, 
is 1/2 hour 
before sunrise to ll-aTffiT 12 noon each wild turkey hunting day. 
Sec. 14. 12 MRSA §7945, first 1[, as amended by PL 1997, c. 432, 
§58, is further amended to read: 
Possession of hunting equipment in the fields or forests or 
on the waters or ice in the State ef'--i-n--a--me-t.e.£--¥eh-i-o-1e--beiaEiJ 
e~ef'aEea-eR-~~-&~&wa-y-ef'-.£eaQ-~~~-~-a-a-Haef'EiJaaisea 
EewasRi~ on Sunday is prima facie evidence of a violation of 
section 7406, subsection 4, unless: 
Sec. 15. Rules. 
The 
Commissioner of Inland Fisheries and 
wildlife shall adopt rules to implement the changes effected by 
those sections of this Act that amend the Maine Revised Statutes, 
Title 
12, 
section 
7102-A, 
subsection 
6; 
section 
7107-A, 
subsection 
4; 
section 
7168, 
subsection 
3; 
section 
7451, 
subsection 1; 
section 7457, 
subsection 1; 
and section 7468, 
subsection 6 by July 1, 2004. 
Rules adopted pursuant to this 
section are 
routine 
technical 
rules 
as 
defined 
in Title 
5, 
chapter 375, subchapter 2-A. 
Sec. 16. Effective date; rules. 
Those sections of this Act that 
amend 
the 
Maine 
Revised Statutes, Title 12, 
section 
7102-A, 
subsection 
6; 
section 
7107-A, 
subsection 
4; 
section 
7168, 
subsection 
3; 
section 
7451, 
subsection 
1; 
section 
7457, 
subsection 1; and section 7468, subsection 6 take effect July 1, 
2004. 
SUMMARY 
This bill: 
1. 
Sets the hunting hours except for coyote, raccoon and 
wild turkey to 30 minutes prior to sunrise and 15 minutes after 
sunset. 
Wild turkey hunting hours are extended from 11:00 a.m. 
to 12: 00 noon. 
Twilight hunting is defined as that period of 
time between sunset and 
minutes after sunset and for the 
purposes of this provision sunset is the time the sun sets in 
Bangor, Maine; 
2. 
Requires 
the 
Commissioner 
of 
Inland 
Fisheries 
and 
Wildlife to establish a system by rule that allows a person to 
transfer a valid hunting permit to another person and prohibits 
the tranferee from selling or charging a fee for that permit; 
3. 
Requires residents to obtain a valid hunting license 
prior to applying for certain permits; 
4. 
Repeals all hunting seasons set in statute and provides 
the 
Commissioner 
of 
Inland Fisheries 
and Wildlife with 
the 
authority to set, expand or shorten hunting seasons by rule. 
This change has an effective date of July 1, 2004; 
5. 
Repeals 
the 
exhibit 
that 
license 
registered Maine guide 
not a game warden; and 
requirement that 
a 
license holder must 
holder's 
license, 
upon 
request, 
to 
a 
or an employee of the department who is 
6. 
Repeals the provision that makes possession of hunting 
equipment in a vehicle on Sunday prima facie evidence of Sunday 
hunting. 
Page ll-LR0493(1)