An Act To Clarify Certain Provisions Contained in the Recodified Hunting, Fishing and Trapping Laws LR2624(02)
Maine Legislature, Session 121, LD 1697
Committee Amendment CA_A_S388 (Senate)
Amends: 12 MRSA §11155, 12 MRSA §11201, 12 MRSA §11351, 12 MRSA §11501, 12 MRSA §11651-A, 12 MRSA §11701, 12 MRSA §11751-A, 12 MRSA §11801

COMMITTEE AMENDMENT "A to S.P. 629, L.D. 1697, Bill, "An 
Act To Clarify Certain Provisions Contained in the Recodified 
Hunting, Fishing and Trapping Laws" 
Amend the bill by striking out all of sections 2 and 3 and 
inserting in their place the following: 
I Sec. 2. 12 MRSA §11155, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, § 2 and affected by Pt. D, §7, is amended to read: 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not hunt or possess wild 
turkey unless that person has a valid permit issued under this 
section. 
EaeR-~~-~~~-vie*a~es-~£~~-~~~-~~-pe~seB 
eemmi~s-~~~-E-€£~me-~~--w&iG&-a-~~~-~~-ef-~~-aB 
ameQB~-e~Qa*-~e-~wiee-~Re-app*ieaB*e-*ieeBse-fee-ffiQS~-Be-iffipesesT 
A person who violates this subsection commits a Class E crime for 
which the court shall impose a fine of not less than $500, none 
of which may be suspended. 
The court also shall impose a fine of 
$500 for each wild turkey unlawfully possessed, none of which may 
be suspended. 
Sec. 3. 12 MRSA §11201, 
as enacted by PL 2003, c. 414, Pte 
A, 
§2 and affected by Pte D, §7, is repealed and the following 
enacted in its place: 
§11201. 
Bunting during closed season 
1. 
Closed season: general. 
A person may not hunt any wild 
animal or wild bird during the closed season or possess any wild 
Page l-LR2624(2) 
COMMITTEE AMENDMENT 
ceo 
~~ 
COMMITTEE AMENDMENT I~ to S.P. 629, L.D. 1697 
animal or wild bird taken during the closed season on that wild 
animal 
or wild bird. 
Except 
as 
otherwise provided in this 
section, a person who violates this section commits a Class E 
crime. 
2. 
Bear. 
A person who 
hunts 
or possesses 
a 
bear 
in 
violation of this section commits a Class D crime for which the 
court shall impose a sentencing alternative of not less than 3 
days for the first offense, none of which may be suspended, and 
of not less than 10 days for each succeeding offense, none of 
which may be suspended. 
The court also shall impose a fine of 
not less than $1,000, none of which may be suspended. 
3. 
Peer. 
A person who 
hunts 
or possesses 
a 
deer 
in 
violation of this section commits a Class D crime for which the 
court shall impose a sentencing alternative of not less than 3 
days for the first offense, none of which may be suspended, and 
of not less than 10 days for each succeeding offense, none of 
which m~ be suspended. 
The court also shall impose a fine of 
not less than $1,000, none of which may suspended. 
4. 
Moose. 
A person who hunts or possesses a 
moose in 
violation of this section commits a Class D crime for which the 
court shall impose a sentencing alternative of not less than 3 
days for the first offense, none of which may be suspended, and 
of not less than 10 days for each succeeding offense, none of 
which may be suspended. 
The court also shall impose a fine of 
not less than $1,000, none of which may be suspended. 
5. 
Wild turkey. 
A person who hunts or possesses a wild 
turkey in violation of this section commits a Class E crime for 
which the court shall impose a fine of not less than $500, none 
of which may be suspended. 
The court also shall impose a fine of 
not less than $500 for each wild turkey unlawfully possessed, 
none of which may be suspended. 
Sec. 4. 12 MRSA §11351, sub-§2, as enacted by PL 2003, c. 414, 
Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Exceeding bag limi t 
on bears. 
Except as otherwise 
provided, 
a person may not possess more than one bear in any 
calendar year. 
A person who violates this subsection commits a 
Class D crime for which the court shall impose a 
sentencing 
alternative 
iave~via~-~-~etffi-~-iffi~tiseRffiea~-~--~e-~-~gQ 
says of not less than 3 days for the first offense, none of which 
may 
be 
suspended, 
and of 
not less 
than 
days 
for 
each 
succeeding offense, none of which may be suspended; the court 
also shall impose a fine of not less than $1,000, none of which 
may be suspended. 
COMMITTEE AMENDMENT 
'l~' 
, 
COMMITTEE AMENDMENT 'A" to S.P. 629, L.D. 1697 
Sec. 5. 12 MRSA §11501, sub-§§1 and 2, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
1. 
Exceeding bag limit. 
A person may not possess more than 
one deer during any open season, except as otherwise provided in 
law or rule. 
2. 
Bunting deer after baving killed one. 
A person may not 
hunt deer after that person has killed or registered one during 
the 
open season of that calendar year, 
except as otherwise 
provided in law or rule.' 
Further amend the bill by inserting after section 5 the 
following: 
'Sec. 6. 12 MRSA §11651-A is enacted to read: 
§1165l-A. 
Bunting moose after baving killed one. 
A person may not hunt moose after that person has killed or 
registered one during the open season of that calendar year, 
except as otherwise provided. 
A person who violates this section commits a Class D crime 
for which the court shall impose a sentencing alternative of not 
less than 3 days for the first offense. none of which may be 
suspended, 
and of not less than 10 days for each succeeding 
offense. none of which may be suspended. 
The court also shall 
impose a fine of not less than $1, 000. none of which may be 
suspended. 
Sec. 7. 12 MRSA §11701, as enacted by PL 2003, c. 414, Pt. A., 
§2 and affected by Pt. D, §7, is amended to read: 
§1170l. Authority of commissioner; wild turkey bunting 
The commissioner may establish open seasons for hunting wild 
turkeys, designate areas that are open to the taking of wild 
turkeys in any part of the State, prescribe the form and regulate 
the number of permits to be issued, determine the number and sex 
of the birds to be harvested, establish bag limits, establish 
permi t eligibility requirements, establish legal hunting times, 
specify the types of weapons to be used during any open wild 
turkey 
hunting 
season 
and 
make 
any 
other 
rules 
that 
the 
commissioner considers necessary for the protection of the wild 
turkey resource.' 
Further amend the bill by striking out all of sections 7 to 
and inserting in their place the following: 
COMMITTEE AMENDMENT 
Cit-
~. 
COMMITTEE AMENDMENT '~ to S.P. 629, L.D. 1697 
'Sec. 7. 12 MRSA §11751-A is enacted to read: 
§11751-A. 
Un1aW£u1 possession of wi1d turkeys 
1. 
Possession of wi1d turkeys. 
A person may not possess a 
wild turkey taken in violation of 
any rule adopted by 
the 
commissioner under section 11701. 
2. 
Exceeding bag 1imit. 
A person may not possess more than 
one wild turkey during any open season. 
except as otherwise 
provided in law or rule. 
A person may keep more than one legally 
obtained wild turkey in that person's home at any time. 
3. 
Bunting wi1d turkey after having ki11ed one. 
A person 
may 
not 
hunt wild turkey after that person has 
killed or 
registered one during any open season of that calendar year. 
except as otherwise provided in law or rule. 
4. 
Pena1ties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates subsection 1 commits a Class E 
crime. 
B. 
A person who violations subsection 2 or 
commits a 
Class E crime for which the court shall impose a fine of not 
less than $500. none of which may be suspended. 
The court 
also shall impose 
a 
fine of $500 
for each wild turkey 
unlawfully possessed, none of which may be suspended. 
Sec. 8. 12 MRSA §11801, sub-§3, as enacted by PL 2003, c. 414, 
Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
3. 
Pena1ties. 
A person who violates 
s\iSseE!~4.eR--l this 
section commits a Class E crime ~eF-w£4€£-~~~~-&&a~~-imFese 
a-~~~-&~-~--~-~AaR-~r-&e&e-~-~&~&-may-~-SQSFe&eeeT 
~Ae-~~&-~~-6Aa~~--~pe&e-~-~~~-e~-~~-~~--~€£--~QF*ey 
QslawfQlly-killeer-sese-ef-WAieA-may-Se-SQSFeseee. ' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
This amendment: 
bill by relettering 
letter 
or 
section 
SUMMARY 
or renumbering any 
number 
to 
read 
COMMITTEE AMENDMENT 
I 
Cit-
\ 
COMMITTEE AMENDMENT .~ to S.P. 629, L.D. 1697 
1. 
Makes hunting or possessing a wild turkey without a 
valid permit a Class E crime with a minimum fine of $500 plus 
$500 for each turkey possessed in violation of this prohibition; 
2. 
Makes 
the 
penalty 
for 
a 
closed 
season 
violation 
involving a bear or moose the same as a closed season violation 
involving deer; 
3. 
Makes the penalty for a violation of the prohibition 
against hunting or trapping a bear after having killed one or 
exceeding the bag limit on bear the same as the penalty for other 
big game animals; 
4. 
Clarifies that a person may not possess more than one 
deer in a calendar year or hunt a deer after having killed one in 
the same calendar year unless otherwise provided in law or rule; 
5. 
Prohibits a person from hunting moose after that person 
has killed or registered one during the open season of the same 
calendar year and makes a violation of that provision a Class D 
crime; 
6. 
Restructures 
the 
provisions 
regarding 
the 
illegal 
possession or hunting of wild turkey to accord with similar big 
game provisions; and 
7. 
Changes the penalty for possessing a wild turkey in 
violation of a rule from a Class E crime with a mandatory fine of 
not less than $500 plus $500 for each turkey unlawfully possessed 
to a straight Class E crime. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/04/04 ~ae 
Office of Fiscal and Program Review 
LD 1697 
An Act To Clarify Certain Provisions Contained in the Recodified 
Hunting, Fishing and Trapping Laws 
LR2624(02) 
Fiscal Note for Bill as Amended by Committee Amendmentlr. 
Committee: Inland Fisheries and Wildlife 
n 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Makes minor changes to penalty provisions in Title 12 of the Maine Revised Statutes Annotated. 
LR2624(2) - Fiscal Note - Page 1 of 1