An Act To Encourage Hunting by Simplifying Hunting Laws
Maine Legislature, Session 121, LD 1083
Committee: Inland Fisheries and Wildlife
Sponsors: DUNLAP, BRYANT, McGLOCKLIN, PINEAU, WHEELER, WOTTON, CARPENTER
Amends: 12 MRSA §7072, 12 MRSA §7101, 12 MRSA §7102-A, 12 MRSA §7106-B, 12 MRSA §7107-A, 12 MRSA §7133, 12 MRSA §7151, 12 MRSA §7406, 12 MRSA §7451, 12 MRSA §7452, 12 MRSA §7457, 12 MRSA §7458, 12 MRSA §7469, 12 MRSA §7901-A

12lst MAINE LEGISLATURE 
Legislative Document 
No.IOS3 
H.P.801 
House of Representatives, March 4,2003 
An Act To Encourage Hunting by Simplifying Hunting Laws 
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 
/il~ 
1?7.17ld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: McGLOCKLIN of Embden, PINEAU of Jay, 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 §7072, sub~§5 is enacted to read: 
5. Transaction fees. 
Except as otherwise provided in this 
Part, a clerk or other agent appointed by the commissioner under 
this section to issue licenses or permits shall charge a fee of 
$2 per transaction when issuing one or more of the following: 
A. 
Any type of hunting license as described in section 7101; 
B. 
Any type of archery hunting license as described ln 
section 7102-A; 
C. 
A pheasant hunting permit as described in section 7106-B; 
D. 
Any 
type of muzzle-loading license 
as 
described in 
section 7l07-A; 
E. 
Any type of trapping license as described ln section 
7133; or 
F. 
Any type of fishing license as described in section 7151. 
When an employee of the department issues a license or permit 
listed above, 
the 
commissioner 
may 
charge 
a 
fee 
of 
$1 
per 
transaction. 
For purposes of this subsection, "transaction" means 
a single 
event in which one or more licenses or permits are issued to 
C\ 
given person. 
Sec. 2. 12 MRSA §7101, sub-§2, as amended by PL 1999, c. 168, 
§l, is repealed. 
Sec. 3. 12 MRSA §7102-A, sub-§2, as enacted by PL 1993, c. 2'L 
§3 and affected by §7, is repealed. 
Sec. 4. 12 MRSA §7102-A, sub-§6, ,C, as amended by PL 200L c. 
387, §9, is further amended to read: 
C. 
The 
commissioner 
shall by rule establish 
C\ 
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. 
Page l-LR0487(1) 
(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 §7106-B, sub-§2, as enacted by PL 1995, c. 
462, Pt. A, §35 and affected by §92, is amended to read: 
2. 
Fee. 
The fee for a pheasant hunting permit is $lir-$l 
e~-wRieR-is-reEaiHea-aY-ERe-eeffiffiissieHer~s-a~ERerisea-a~eHE ~. 
Sec. 6. 12 MRSA §7107-A, sub-§2, as enacted by PL 1985, 
c. 
320, §Z, is amended to read: 
2. 
Issuance. 
The 
commissioner, 
through 
Ris 
the 
commissioner's agent, 
shall issue a 
muzzle-loading license to 
eligible persons. 
±Re-i66~iH~-a~eR~-~~~-~~~-~~~-$1-~er 
eaeR-lieeHse-iss~eaT 
Sec. 7. 12 MRSA §7133. sub-§2, as amended by PL ZOOL c. 294-
§Z, is further amended to read: 
2. 
Issuance. The commissioner, or the commissioner's agent. 
may issue 
a 
license to engage in trapping. 
ble~~&-~--e~Rer 
a~eHEs-appeiB~ea-ey-~~~~~~-~I~-~~~-B&&-~~-$6-~eF 
eaeR-~~~~-lieeHse-~~---±Re-~~~--sRall-~~~-a 
~ee---e~--.$-l---f~---ea£-h---t-r-app-1ng---l-~--j,.&&~--by--aepart:meH1= 
empleyees T 
Sec. 8. 12 MRSA §7151, sub-§2, as amended by PL 1999. c. 168. 
§2. is repealed. 
Sec. 9. 12 MRSA §7406, sub-§6, as amended by PL 1999. c. 457. 
§l, is further amended to read: 
6. 
Twiliqht huntinq. 
A person 
is--~ai~ty--e~--twi~i~Rt 
Raatia~--:H--that-~-&O-n--haats may not hunt wild animals or wild 
birds, except raccoons as otherwise provided in ehaFteH3--+O-l--t,e 
+61 this Part, between 15 minutes after sunset and V·J.-aeaJ? 30 
minutes after sunset aa~ia~-the-eFea-'i~ea~ffi-seasea-ea-aee~. 
A person who violates this subsection commits a Class E crime. 
Sec. 10. 12 MRSA §7451, sub-§2, ,B, as repealed and replaced 
by PL 1989, c. 913, Pt. A, §8, is repealed. 
Sec. 11. 12 MRSA §7451, sub-§3, ,A, 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 bai t is placed more than 500 yards from aR]' 
aaffiF a site permitted or licensed for the disposal of 
solid waste or ~ campground; 
(4) 
The bai t 
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 
any 
another person has permission of 
stand or blind. 
stand or blind of 
the owner 
of that 
Sec. 12. 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 
dQQ 
yards 
from sites permitted or 
licensed for the disposal of solid waste. 
A person is guilty of 
hunting or trapping bear near dumps if that person hunts, traps, 
molests or harasses bear or releases 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. 13. 12 MRS A §7456, sub-§2, as enacted by PL 1979, c. 420, 
§L is repealed. 
Sec. 14. 12 MRSA §7457, sub-§I, 1[1[B and C, as enacted by PL 
1979, c. 420, §l, are repealed. 
Sec. 15. 12 MRSA §7457, sub-§I, 1[D, as amended by PL 1999, c. 
636, §2 and affected by §6, is repealed. 
Sec. 16. 12 MRS A §7457, sub-§I, 1[D-l, as enacted by PL 1999, c. 
636, §3, is repealed. 
Sec. 17. 12 MRSA §7457, sub-§I, 1[F, as enacted by PL 1979, c. 
420, §l, is amended to read: 
F. 
The commissioner may terminate the open season on deer 
at any 
time 
in any area if, in ais the commissioner's 
opinion, an immediate emergency action is necessary due to 
adverse weather conditions or severe hunting pressure. 
The 
commissioner may extend the open season on deer 
as 
th~ 
commissioner 
considers 
necessary 
to 
manage 
the 
deer 
population. 
Sec. 18. 12 MRSA §7457, sub-§I, 1[H, as amended by PL 200L c. 
690, Pt. A, §8 and affected by §18, is further amended to read: 
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 
uemarcation 
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 
permi ts issued 
zone 
may 
be 
hunters. 
than 
15% 
in anyone 
issued 
to 
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. 
The 
commissioner 
may 
provide 
resident 
landowners 
with 
unallocated 
nonresident 
antlerless deer permits. 
A 
j~Bie~-~~--eF-~-paFseB-~-~~s-~-~-e£-~~--ffiay 
t:alEe--an---a-fl-t.,le-£.,le66---de&~r--i-t--a person who 
holds 
a 
valid 
antlerless 
deer 
permit 
t:~aBs~eFs--t:ae may 
transfer 
that 
permi t 
to 
t:ae--j-un-i-£)-r--a1::lB1:,e~--e-£-"i?€-~-.e.§-~-s--e£-~-eF 
e±eeF 
another 
hunter 
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 
Fet:~FB6 return 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 
~~BieF hunter eF-~~~~-y&a~s-e£-~~~-e±eeF. 
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 
t:ae--j-Tl-fl.,i-e-£--hunt.~-~~-Fef'6eB 
e§-...y.ear-s---e£--~--£)-r--e±eeF another person, that person is 
prohibited from taking an antlerless deer. 
Sec. 19. 12 MRSA §7457, sub-§2, tB, as enacted by PL 1979, c. 
420, §l, is repealed. 
Sec. 20. 12 MRS A §7458, sub-§l1, 1JA, as enacted by PL 1979, c. 
420, §l, is amended to read: 
A. 
The deer is not open to view; or 
Sec. 21. 12 MRSA §7458, sub-§l1, tB, as amended by PL 1995, c. 
455, §33, is further amended to read: 
B. 
A deer tag bearing the name and address of the person 
who killed the deer that conforms to the requirements of 
section 7457, subsection 3 is not securely attached to the 
deerT-e~~ 
Sec. 22. 12 MRSA §7458, sub-§l1, 1JC, as amended by PL 1999, c. 
322, §8, is repealed. 
Sec. 23. 12 MRSA §7458, sub-§14, as amended by PL 1987, c. 
144, is repealed. 
Sec. 24. 12 MRSA §7469, sub-§6, as enacted by PL 1985, c. 95, 
§l, is amended to read: 
6. 
Keeping an unregistered wild turkey. 
A person is guilty 
of keeping an unregistered wild turkey if -~e-
the person keeps 
an unregistered wild turkey at Ris the person's home, 
or any 
place of storage except at an official wild turkey registration 
station or at the office of an inland fisheries and wildlife 
warden, for more than 16 18 hours. 
Sec. 25. 12 MRSA §7901-A. sub-§6, ,C, as amended by PL 200L 
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 dumps as described 
in section 7452, subsection 5; 
(2) 
Leaving 
a 
bear 
as 
described in section 7452, 
subsection 8; 
(3) 
Failure 
to 
attach 
a 
bear 
tag 
to 
a 
bear 
as 
described in section 7452, subsection II: 
(4) 
Illegally 
transporting 
bear 
as 
described 
III 
section 7452, subsection 13: 
(5) 
Transporting bear out of the State as described in 
section 7452, subsection 14; 
(6) 
Hunting migratory game birds without certification 
as described in section 7456, subsection I-A; 
(8) 
Transporting deer out of the State as described in 
section 7458, subsection 12; 
( 9 ) 
Hunting deer with .22 caliber rim fire cartridge 
as described in section 7458, subsection 13; 
(12) 
Possessing or transporting wild hares or rabbits 
as described in section 7462, subsection 4; 
(13) 
Failure to attach a 
moose tag to 
a 
moose 
as 
described in section 7464, subsection 6; 
(14 } 
Use of illegal firearms as described in section 
7464, subsection 8-A; 
(15 } 
Illegal hunting methods as described in section 
7464, subsection 8-C; 
(16} 
Failure to attach a wild turkey tag to a wild 
turkey as described in section 7469, subsection 7; and 
(18) 
Taking of snakes and turtles from the wild fOl 
commercial purposes as described in section 7471; 
SUMMARY 
This bill does the following: 
1. 
It includes "mechanical broadheads when open" in the 
width requirement for arrowheads used to hunt deer: 
2. 
It removes the requirement that the department advertise 
bear and deer registration stations in newspapers; 
3. 
It repeals the ban on hunting waterfowl on Haley Pond; 
4. 
It repeals the ban on deer hunting in 8 localities and 
the open season on deer in the Town of Vinalhaven and the Town of 
Southport; 
5. 
It 
allows 
the 
landowners with unallocated 
commissioner 
nonresident 
to 
provide 
anterless deer 
resident 
permits 
and authorizes the transfer of any-deer permits to any hunter; 
6. 
It repeals the requirement that a person must accompany 
a deer while it is being moved or transported: 
7. 
It repeals the ban on firearms in the Town of Southport; 
8. 
It limits agent fees to $2 per transaction; 
9. 
It extends the prohibition on twilight hunting to beyond 
firearm season on deer; 
10. 
I t 
amends the prohibition on placing bear bai t wi thin 
yards of a dump by clarifying the word "dump" to mean a site 
permitted or licensed for the disposal of solid waste and extends 
the demarcation line around disposal sites to 500 yards; 
11. 
It extends the period of time 
unregistered 
wild 
turkey 
from 
to 
consistent with other game animals; and 
a person may keep 
hours, 
making 
an 
it 
12. 
It provides the Commissioner of Inland Fisheries and 
Wildlife with the authority to extend the open season on deer as 
well as terminate it if the commissioner considers it necessary 
to manage the deer population.