An Act To Allow the Transfer of Certain Permits
Maine Legislature, Session 121, LD 1195
Committee: Inland Fisheries and Wildlife
Sponsors: BRYANT, DUNLAP, BENNETT, JACKSON, PINEAU, RICHARDSON, TOBIN
Amends: 12 MRSA §7457, 12 MRSA §7458, 12 MRSA §7463-A, 12 MRSA §7464, 12 MRSA §7468, 12 MRSA §7469, 12 MRSA §7901-A

Legislative Document 
No. 1195 
S.P.401 
In Senate, March 6, 2003 
An Act To Allow the Transfer of Certain Permits 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Senator BRYANT of Oxford. 
Cosponsored by Representative DUNLAP of Old Town and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: BENNETT of Oxford, Representatives: JACKSON of Fort Kent, McGLOCKLIN of 
Embden, PINEAU of Jay, RICHARDSON of Greenville, TOBIN of Dexter: 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §7457. sub-§I. ,H. as amended by PL 2001, c. 
690, Pt. A, §8 and affected by §18, is further amended to read: 
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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 antlerless 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 
permits issued 
zone 
may 
be 
hunters. 
than 
15°0 
in anyone 
issued 
to 
of 
the 
ant1erless 
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. 
A 
:f\i:aie~ licensed hunter 
e~--a--~e~£eii--4S--'i'-e-iH"-6--ef:--aqe--e~ 
eJ,e.e~ may take an antlerless deer, if a person who holds a 
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valid antlerless deer permit transfers the permit to the 
~aRie~ licensed hunter e~-pe~£e~-~~~~-~~~-e~ae~ by 
identifying the 
nameT-a~e 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 ~aRie~-A~~~e~-~-~~~~r~~~-a~e-e~ 
e~ae~ transferee. 
A valid permit must be in the possession 
of the transferee in order for the transferee to take an 
antlerless deer. 
If 
t;Re--pe~£eR a holder of an antlerless 
deer 
permit transfers 
the permit to 
t;Re--}aRie~ another 
hunter e~-F€~£~-~~~-~~-a~e-~-~I~,--~~-pe~seR, the 
original holder is prohibited from taking an antlerless deer. 
Sec. 2. 12 MRSA §7458, sub-§14-A is enacted to read: 
A. 
Sale of permit. 
A person is guilty of selling an 
antlerless deer permit if that person sells or offers for sale or 
barter any antlerless deer permit. 
Sec. 3. 12 MRSA §7463-A. sub-§4, as amended by PL 2001, c. 
690, Pt. A, §10 and affected by §18, is further amended to read: 
4. 
Hunting permits. 
In accordance with the provisions of 
~h 
subsections I-A and 2-B, the commissioner may issue moose hunting 
permits and may establish the number of moose hunting permits to 
:1', 
be issued for each wildlife management district established by 
the commissioner by rule open to moose hunting. No more than 10~ 
t I' 
of the moose hunting permits may be issued to nonresident and 
alien hunters. 
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The fee for a moose hunting permit is $50 for residents and $475 
for nonresidents and aliens. 
While hunting moose, each resident, 
nonresident or alien hunter, 
both permittee and subpermittee, 
must be in possession of a valid Maine resident, nonresident or 
alien big game hunting license, whichever is applicable. 
A licensed hunter may take a moose if a person who holds a valid 
moose permit transfers the permit to the licensed hunter 
by 
identifying the name and address of the transferee on the permit 
as well as 
any other information reasonably requested by the 
commissioner and then return the permit to the department prior 
to the start of the moose season. 
The commissioner shall record 
the transfer' and return the permit to the transferee. 
A valid 
permi t must be in the possession of t·he transferee in order for 
the transferee to take a moose. 
If a holder of a moose permit 
transfers the permit to a licensed hunter, the original holder is 
prohibited from taking a moose. 
Sec. 4. 12 MRSA §7464, sub-§8-D is enacted to read: 
8-D. 
Sale of permit. 
A person is guilty of selling a moose 
'4 
permi t 
if that person sells or offers for sale or barter any 
moose permit. 
If) 
Sec. 5. 12 MRSA §7468, sub-§4. as amended by PL 200L 
§5 and affected by §20 and amended by c. 690, Pt. 
A, 
repealed and the following enacted in its place: 
c. 655, 
§12, is 
4. 
Hunting permits. 
The 
commissioner 
may establish the 
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number of wild turkey permits for each wild turkey hunting zone 
and may issue those permits annually. 
The percentage of total 
wild turkey permits issued to nonresident and alien hunters may 
not exceed the average percentage of applicants for wild turkey 
lG 
permits 
over the previous 
years 
who 
were 
nonresidents 
and 
aliens and may not be more than 10qb of the total wild turkey 
1<,' 
permits 
issued statewide. 
While 
hunting turkey, 
a 
resident, 
nonresident or alien hunter must be in possession of a valid 
~() 
resident, 
nonresident or 
alien big 
game 
hunting 
license, 
as 
applicable. 
A person who holds a valid wild turkey permit may transfer the 
,24 
permi t 
to a licensed hunter by identifying the name and address 
of the transferee on the permit as well as any other information 
~6 
reasonably requested by the commissioner 
and then return the 
permit 
to 
the 
department 
prior 
to 
the start of 
the 
turkey 
,~i3 
season. 
The commissioner shall record the transfer and return 
the permit to the licensed hunter. 
A valid permit must be in the 
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possession of the transferee in order for the transferee to hunt 
turkey. 
If a holder of a valid wild turkey permit transfers the 
permi t 
to a licensed hunter, the original holder is prohibi teq 
from hunting turkey. 
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Sec. 6. 12 MRSA §7469, sub-§12 is enacted to read: 
12. 
Sale of permit. 
A person is guilty of selling a wild 
,R 
turkey permit if that person sells or offers for sale or barter 
any wild turkey permit. 
Sec. 7. 12 MRSA §7901-A, sub-§7, ~E, as amended by PL 200L c. 
,12 
610, §4, is further amended to read: 
'-14 
E. 
The following are Class E crimes for which the court 
shall impose a fine of not less than $500, none of which may 
be suspended: 
(1) 
Illegally hunting wild turkeys as described in 
section 7469, subsection 1; 
Le: 
IX 
(2) 
Illegally possessing wild turkeys as described in 
section 7469, subsection 2; aae 
(3) 
Using an aircraft to aid or assist in hunting big 
game as described in section 7406, subsection 24 if the 
violation involves the taking of a big game animalT; and 
( 4 ) 
Illegally selling valid moose, 
wild 
turkey or 
antlerless deer permits. 
In the case of crimes described in 
(2), the court also shall impose a 
turkey illegally possessed or killed, 
suspended. 
SUMMARY 
subparagraphs 
(1) 
and 
fine of $500 for each 
none of which may be 
This bill allows the transfer of valid moose, 
and antlerless deer permits. 
The bill also prohibits 
valid moose, wild turkey or antlerless deer permits. 
wild turkey 
the sale of