An Act To Recodify the Laws Governing Inland Fisheries and Wildlife
Maine Legislature, Session 121, LD 1600
Committee: Inland Fisheries and Wildlife
Amends: 4 MRSA §164, 5 MRSA §12004-G, 12 MRSA §1, 12 MRSA §1188, 5 MRSA §12004-I, 12 MRSA §16, 12 MRSA §1699, 12 MRSA §161, 12 MRSA §7697, 7 MRSA §2-A, 7 MRSA §1342, 7 MRSA §3953, 7 MRSA §4011, 7 MRSA §4012, 8 MRSA §374, 8 MRSA §387, 10 MRSA §1242, 12 MRSA §598-A, 12 MRSA §1893, 12 MRSA §1893-A, 12 MRSA §6431-E, 12 MRSA §9904, 14 MRSA §3142, 14 MRSA §8104-A, 15 MRSA §3103, 17 MRSA §1031, 17 MRSA §1032, 17 MRSA §1033, 17 MRSA §3853-D, 22 MRSA §1696-I, 25 MRSA §2001, 26 MRSA §1043, 26 MRSA §1420-A, 29-A MRSA §101, 30-A MRSA §7502, 33 MRSA §1581, 36 MRSA §655, 36 MRSA §1109, 36 MRSA §1481, 36 MRSA §1503, 36 MRSA §1752, 36 MRSA §1760, 36 MRSA §1952-A, 36 MRSA §1955, 36 MRSA §2903-D, 36 MRSA §5284, 37-B MRSA §183, 38 MRSA §423, 38 MRSA §480-R, 38 MRSA §1861, 38 MRSA §1863, 12 MRSA §9908

Legislative Document 
No. 1600 
S.P.553 
In Senate, May 5,2003 
An Act To Recodify the Laws Governing Inland Fisheries and 
Wildlife 
Reported by Senator BRYANT of Oxford for the Joint Standing Committee on Inland 
Fisheries and Wildlife pursuant to Joint Order 2003, S.P. 440. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered printed 
under Joint Rule 218. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 12 MRSA Pt. 10, as amended, is repealed. 
Sec. A-2. 12 MRSA Pt. 13 is enacted to read: 
PART 13 
IRLARD FISHERIES AND WILDLIFE 
SUBPART 1 
GEBERAL DEFIHITICtiS 
CHAPTER 901 
DEFIHITIQRS 
§10001. 
Definitions 
As 
used 
in 
this 
Part, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Aircraft. 
"Aircraft" means a machine or device designed 
for flight. 
2. 
Alien. 
"Alien" means a person who is not a citizen of 
the United States. 
3. 
Antlerless moose. 
"Antlerless moose" 
means 
a 
moose 
without antlers or a moose with antlers that are shorter than its 
ears. 
4. Artificial lure. 
"Artificial lure" means a fishing lure 
constructed by humans 
as an imitation of or substitute for 
natural bait or fish forage. 
"Artificial lure" includes, but is 
not limited to, artificial flies, 
spinners, 
spoons, 
poppers, 
plugs, jigs and plastic, rubber or other artificial imitations of 
natural bait. 
5. 
Atlantic salmon. 
"Atlantic salmon" means the anadromous 
fish species Salmo salar that customarily migrates from inland 
waters to the ocean as part of its life cycle. 
This definition 
also applies to chapter 811. 
6. 
Baitfish. 
"Baitfish" means only those species in the 
following list: 
A. 
Lake chub. (Couesius plumbeus); 
B. 
Eastern silvery minnow. (Hybognathus regius); 
I 
C. 
Golden shiner. (Notemigonus crysoleucas); 
D. 
Emerald shiner. (Notropis atherinoides)j 
E. 
Bridle shiner. (Notropis bifrenatus); 
F. 
Common shiner. (Luxilus cornutus)j 
G. 
Blacknose shiner. (Notropis heterolepis)j 
H. 
Spottail shiner. (Notropis hudsonius); 
I. 
Northern redbelly dace. (Phoxinus eos); 
J. 
Finescale dace. (Phoxinus neogaeus); 
K. 
Fathead minnow. (Pimepha1es promelas)j 
L. 
Blacknose dace. (Rhinichthys atratulus)j 
M. 
Longnose dace. (Rhinichthys cataractae)j 
N. 
Creek chub. (Semotilus atromaculatus); 
O. 
Fallfish. (Semotilus corporalis)j 
P. 
Pearl dace. (Margariscus margarita)j 
O. 
Banded killifish. (Fundulus diaphanus); 
R. 
Mummichog. (Fundulus heteroclitus)j 
S. 
Longnose sucker. (Catostomus catostomus)j 
T. 
White sucker. (Catostomus commersoni); 
U. 
Creek chubsucker. (Erimyzon oblongus); 
V. 
American eel. (Anguilla rostrata); and 
W. 
Blackchin shiner. (Notropis heterodon). 
_ 
Baitfish trcm_ 
"Baitfish trap" means a device used to 
take baitfish fitted with rigid entrance or exit holes and having 
a volume no greater than 50 cubic feet. 
8. 
Bear bait. 
"Bear bait" means an animal or plant or 
derivative of an animal or plant used to attract bear. 
"Bear 
bait" does not include packaging or container materials that fall 
within the definition of litter under Title 17. section 2263. 
9. 
BoUDdar,y 
vaters 
between 
Maine 
and 
Rew 
BrllDpict. 
"Boundary waters between Maine and New Brunswick" means: 
A. 
In Aroostook County: St. Francis River: Glazier Lake: 
St. John River: Monument Brook: North Lake: the thoroughfare 
between North Lake and East Grand Lake: and East Grand Lake: 
.eM 
B. 
In Washington County: East Grand Lake: Mud Lake: St. 
Croix River: Spednic Lake and Grand Falls flowage. 
10. 
C10sed season, 
"Closed season" means the time during 
which it is unlawful to hunt. trap or possess any wild animal or 
wild bird or to fish for or possess fish. 
11. 
eo-i,ssioner. 
"Commissioner" means the Commissioner of 
Inland Fisheries and Wildlife. 
12. 
De,partment. "Department" means the Department of Inland 
Fisheries and Wildlife. 
13. 
Domici1e. 
"Domicile" means the place where a person IS 
true. fixed and permanent home is located. 
14. 
Drive deer or DlOOse. 
To "drive deer or moose" means an 
organized or planned effort to pursue. drive. chase or otherwise 
frighten or cause a deer or moose to move in the direction of a 
person who is part of the organized or planned hunt and known to 
be waiting for the deer or moose. 
15. 
Drowning set. 
"Drowning set" means a trap set for wild 
animals that is: 
A. 
Set completely underwater: and 
B. 
Rigged in such 
a 
way 
as 
to 
reasonably ensure the 
drowning of any species of trapped furbearer that would 
reasonably be expected to visit the set location and be held 
in the type of trap used at the set. 
16. 
Ee1. 
"Eel" means a 
member of the species Anguilla 
rostrata in that stage of its life cycle when it is 6 inches or 
more in length. 
17. 
Ee1 pot. 
"Eel pot" means a cylindrical or rectangular 
trap with funnels that is baited and used to harvest eels. 
An 
eel pot is 50 cubic feet or less in total volume and utilizes 
wire or slatting no smaller than 1/2 inch square measure. 
18. 
E1ver. 
"Elver" means a member of the species Anguilla 
rostrata in that stage of its life cycle when it is less than 6 
inches in length. 
19. 
EDdangered 
species. 
"Endangered 
species" 
means 
a 
species of fish or wildlife that has been determined by the 
conunissioner to be in danger of extinction throughout all or a 
significant portion of its range and that is listed as a state 
endangered species under section 12803, subsection 3. 
20. 
Elr::otic. 
"Exotic" means of foreign nature or character, 
not natiye. introduced from abroad, and not fully naturalized or 
acclimatized. 
21. 
Firearm. 
"Firearm" means any instrument used in the 
propulsion of pellets, shot. shells or bullets by action of 
gunpowder, compressed air or gas exploded or released within it. 
A. 
"Autoloading 
firearm" 
means 
a 
firearm 
that 
reloads 
itself after each shot and requires that the trigger be 
pulled for each shot. 
B. 
"Automatic firearm" means a firearm that will continue 
to fire as long as the trigger is held back. 
22. 
Fish, 
the 
noun. 
"Fish" 
means 
a 
cold-blooded, 
completely aquatic vertebrate characteristically haying gills, 
fins 
and an elongated streamlined body usually coyered with 
scales, and includes any physical part of a fish. The term refers 
to fish liying predominantly in inland waters, and anadromus and 
catadromus fish while in inland waters. Wheneyer the name of a 
fish, such as "bass" or "trout," is used, it means the named fish 
or any of its phYsical parts. 
23. 
Fish, the verb. 
To "fish" means to take. catch, kilL 
molest or destroy fish or to attempt to take, catch, kill, molest 
or destroy fish. 
24. 
Fishing derb,y. 
"Fishing derby" 
means 
an organized 
fishing eyent conducted on inland waters during which contestants 
compete for cash awards or other prizes. 
25. 
Fishway. 
"Fishway" 
means 
an 
artificial 
device, 
including fish eleyators, fish locks and fish ladders, used to 
enable fish to migrate upstream past dams. waterfalls. rapids or 
other obstacles. 
26. 
FIr. 
"Fly" means a single. pointed hook dressed with 
feathers. hair. thread, tinsel or any similar material to which 
no additional hook. spinner. spoon or similar device is added. 
27. 
FIr-fishing. 
"Fly-fishing" means casting u,pon water 
and retrieving in a manner in which the weight of the fly line 
propels the fly. 
No 
more 
than 
unbaited artificial flies 
individually attached to a line may be u,sed. 
28. 
Guide. 
"Gu,ide" means a person who receives any form of 
remuneration 
for 
that 
person's 
services 
in 
accompanying 
or 
assisting a person in the fields. forests or on the waters or ice 
within the jurisdiction of the State while hu,nting. 
fishing, 
trapping, boating, snowmobiling or camping at a primitive camping 
area. 
29. 
Harass. 
"Harass" means an intentional or negligent act 
or omission that creates the likelihood of inju,ry to wildlife by 
annoying it to su,ch an extent as to significantly disru,pt normal 
behavioral patterns. 
30. 
Book. 
"Hook" means a single fishhook constru,cted with 
one, 2 or 3 points. 
31. 
Bunt. 
To "hu,nt" means to pu,rsue, catch, take, kill or 
harvest wild animals or wild birds or to attempt to catch, take, 
kill or harvest wild animals or wild birds. 
32. 
Bunter 
orange. 
"Hu,nter 
orange" 
means 
a 
daylight 
flu,orescent orange color with a dominant wave length between 595 
and 
nanometers, 
excitation puritJr not less than 85, and 
luminance factor of not less than 40', 
33. 
Buntipg equi,pment. 
"Hunting egu,ipment" means: 
A. 
Firearms of any type that are permitted u,nder the laws 
governing hu,nting, inclu,ding mu,zzle-loading firearms; or 
B. 
Archery egu,ipment that is permitted u,nder the hunting 
laws 
governing 
archery, 
inclu,ding. 
bu,t 
not 
limited to, 
recu,rved bows and compou,nd bows. 
34. 
Ice fishing 
shack. 
"Ice-fishing 
shack" 
means 
a 
temporary stru,cture u,sed for ice fishing on frozen inland waters. 
35. 
Inland waters. 
"Inland waters" means all waters within 
the State above the rise and fall of the tide and wholly or 
partially within the territorial limits of the State, except 
private ponds as defined in subsection 51. 
36. 
Jacklight. 
"Jacklight" means any artificial light used 
while hunting, 
except lights used 
and permitted under rules 
regarding 
raccoons 
under 
the 
authority 
of 
section 
10104, 
subsection 1. 
37. 
Landlocked 
salmon. 
"Landlocked 
salmon" 
means 
the 
subspecies Salmo salar Sebago that does not customarily migrate 
from inland waters to the ocean as part of its life cycle. 
38. 
Merr.pleeting Bay. 
"Merrymeeting Bay" means the waters 
of the Kennebec River bounded as follows: from the high-tension 
wires at Chop's Point to the first dam on the Androscoggin River, 
to the first road bridge on the Muddy, Cathance, Abbagadassett 
and Eastern Rivers and to the Richmond-Dresden Bridge on the 
Kennebec River, in the counties of Cumberland, 
Sagadahoc and 
Lincoln. 
39. 
Migrator.y game bird. 
"Migratory game bird" means any 
of the following birds: 
A. 
Anatidae. or waterfowl. 
including brant. wild ducks. 
geese and swans: 
B. 
Columbidae, or pigeons, including doves and wild pigeons: 
C. 
Gruidae, or cranes, including little brown, sandhill and 
whooping cranes: 
D. 
Limicolae, or shorebirds, including avocets, curlews, 
dowitchers. 
godwits. 
knots. 
oyster catchers, 
phalaropes. 
plovers, sandpipers, snipe, stilts, surf birds, turnstones, 
willet. woodcock and yellowlegs: and 
E. 
Rallidae. or rails, including coots, gallinules and sora 
or other rails. 
40. 
Migrator,y 
waterfowl. 
"Migratory 
waterfowl" 
means 
anatidae, or waterfowL including brant. wild ducks, geese and 
swans. 
41. 
Motor vehicle. 
"Motor vehicle" means any motor-driven 
vehicle, except motorboats. 
42. Muzzle-loading firearm. 
"Muzzle-loading firearm" means 
a rifled or smooth-bored firearm that is: 
A. 
Forty caliber or greater: 
B. 
Capable of firing only a single charge: 
C. 
Loaded through the muzzle with powder and a ball or 
bullet: and 
D. 
Ignited by a percuss ion caJ? or pr iming charge of a 
flint. match or wheel lock mechanism. 
43. 
Bonresident. 
"Nonresident" means a person who does not 
fall within the definition of resident in subsection 53. 
44. 
Qpen firearm season on deer. 
"Open firearm season on 
deer" means the time during which it is lawful to hunt deer with 
a 
firearm. 
including 
the 
special 
muzzle-loading 
season 
as 
described in section 11404. 
45. 
Qpen season. 
"Open season" means the time during which 
it is lawful to hunt, trap or possess wild animals and wild birds 
and to fish for or possess any fish. as specified and limited by 
law or rule. 
46. 
Organization. 
"Organization" 
means 
a 
corporation. 
partnership or unincorporated association. 
47. 
Paved wa,y. 
"Paved way" means a public road treated 
with bituminous or concrete material. 
48. 
Person. 
"Person" 
means 
a 
human 
being 
or 
an 
organization. 
49. 
Premjses. 
"Premises" includes lands. private ways and 
any buildings and structures located on the lands or private ways. 
50. 
Primitive calQPiug area. 
"Primitive camping area" means 
a camping location that does not haye access to a water syppl:¥, 
that is approved by the Department of Human Services. 
51. 
Private pond. 
"Private pond" 
means 
an artifically 
constructed pond impounded within the limits of the riparian 
owner. eyen though the water is not sypplied directly from a 
brook. stream or river. "Priyate pond" does not include a natural 
pond or lake having a surface area of more than 10 acres. 
52. 
Raptor. 
"RaJ?tor" 
means 
a 
bird 
of 
the 
order 
Strigiformes 
and of the families Accipitridae and Falconidae 
commonly called buteos. accipiters. falcons and owls. 
53. 
Resident. 
"Resident" means a citizen of the United 
States who has been domiciled in this State continuously during 
the 3 months next prior to the date on which the person applies 
for any license or permit under this Part, or an alien who has 
been so domiciled for one year, A person may not be considered a 
resident if the person has not; 
A. 
If registered to vote, registered in this State: 
B. 
If licensed to drive a motor vehicle, made application 
for a motor vehicle operator's license issued by the State: 
C. 
If owning a motor vehicle located within the State, 
registered each such vehicle in the State: and 
D. 
Complied with the state income tax laws. 
A person who is a full-time student at a college or university in 
the State, who has resided in the State continuously for 3 months 
and has satisfied the requirements of paragraphs A to D is 
rebuttably presumed to have been domiciled in the State during 
that period. 
54. 
Salmon. 
The word "salmon" standing alone without other 
identification means "landlocked salmon," 
55. 
Seine. 
"Seine" 
means 
an 
ordinary 
commercial-type 
minnow seine, not exceeding 1,200 square feet, used vertically to 
enclose baitfish when its ends are brought together or drawn 
ashore. 
56. Set 1ine. 
"Set line" means a line extending into the 
water and rigged to catch fish that has one end secured to the 
shore or to a fixed or buoyant object and that is not personally 
attended. 
57. Sing1e-baited hook. 
"Single-baited hook" means a single 
baited apparatus designed to catch only one fish at a time. 
58. 
Snagging. 
"Snagging" means to fish by manipulating a 
hook or hooks in such a manner as to pierce or snag the fish in a 
part of the body other than the mouth. 
59. 
Sporting dogs. 
"Sporting dogs" means sporting dogs as 
defined 
by 
the 
American 
Kennel 
Club, 
including 
pointers, 
retrievers, 
setters, 
spaniels, 
Vizslas, 
Weimaraners 
and 
wirehaired pointing griffons. 
60. 
Sunrise. 
"Sunrise" 
means 
the 
time 
computed 
and 
established for sunrise for Augusta, 
Maine, 
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. 
61. 
Sunset. 
"Sunset" 
means 
the 
time 
computed 
and 
established for 
sunset 
for 
Augusta, 
Maine, 
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. 
62. 
Threatened species. 
"Threatened 
species" 
means 
a 
species of fish or wildlife that has been determined by the 
commissioner as likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its 
range and that is listed as a state threatened species under 
section 12803, subsection 3. 
63. 
Trap. the Doun. 
"Trap" means a device that is designed 
primarily to catch or hold wild animals, 
including, but not 
limited to, a foothold trap, a killer-type trap, a cage-type trap 
or a snare. 
64. 
Trap. the verb. 
To "trap" means to set. place or tend 
a trap within the fields, forests or waters of the State. to kill 
an animal that is caught in a trap or to aid or assist another 
person in setting or placing a trap, tending a trap or killing an 
animal that is caught in a trap. 
65. 
Trap net. 
"Trap 
net" 
means 
a 
funnel-shaped 
net 
designed to intercept and retain fish in a confined space. 
66. 
Tributau. 
"Tributary" means a brook. stream or river 
flowing directly or indirectly into a 
lake, 
pond or another 
brook. stream or riyer. "Tributary" does not include a lake or 
great pond. The tributary to a great pond is not considered a 
tributary to the outlet of that great pond. 
67. Troll. 
"Troll" means to fish by trailing a line rigged 
to catch fish behind a watercraft being propelled by mechanical, 
wind or manual power. 
68. 
Weir. 
"Weir" means 
a 
device placed in the inland 
waters of a riyer. stream or brook that is designed to entrap 
fish and that exceeds more than 113 of the wetted width of the 
channel. 
69. 
Wild j'DjDlill. 
"Wild animal" means a species of mammal. 
wild by nature, whether or not bred or reared in captivity, as 
distinguished from the common domestic animals, and includes any 
physical part of that species of animal. Wheneyer the name of a 
wild animal. such as "deer" or "bear," is used, it means the 
named wild animal or any of its physical parts. 
70. 
Wild bird. 
"Wild bird" means a species of bird wild by 
nature, 
whether 
or 
not 
bred 
or 
reared 
in 
captivity, 
as 
distinguished 
from 
common 
domestic 
birds, 
and 
includes 
any 
physical part of that species of bird. Whenever the name of a 
wild bird, such as "pheasant" or "eagle," is used, it means the 
named wild bird or any of its physical parts. 
71. 
Wildlife. 
"Wildlife" means any species of the animal 
kingdom, except fish, that is wild by nature. whether or not bred 
or reared in captiyity. and includes any part. egg or offspring 
of 
the 
animal. 
or the 
dead 
body 
or parts of the 
animal. 
"Wildlife" includes wild animals and wild birds. 
72. 
Wildlife exhibit. 
"Wildlife exhibit" means 
a 
place 
where wildlife is kept in captiyity. either in an enclosure or by 
tether. 
upon any street or highway or upon land. 
public or 
private, 
for the eyident purpose of exhibition or attracting 
trade. The term "wildlife exhibit" does not include the showing 
of an animal in connection with a theatrical exhibition, circus 
or agricultural fair. 
73. 
Wildlife management. 
"Wildlife management" means the 
art or 
science of producing wild animals 
and birds 
and of 
improying wildlife conditions in the State. It may specifically 
include; 
A. 
Regulation of hunting and trapping: 
B. 
Environmental controls, such as control of water, food, 
coyer, special features and animal diseases: 
C. 
Research or investigations to proyide a basis for sound 
management in the State: 
D. 
Manipulation of hunting pressure: 
E. 
Establishment of game lands, such as parks, forests, 
refuges and game management areas: 
F. 
Predator control: 
G. 
Artificial 
replenishment, 
such 
as 
game 
farming 
and 
restocking: and 
H. 
Introduction of exotic species of wild animals or birds 
where needed. 
74. 
Wildlife management area. 
"Wildlife management area" 
means a tract of land or body of water owned or leased by the 
department for the purposes of wildlife management as defined in 
subsection 73 or created by an act of the Legislature with the 
landowner's 
permission, 
and 
subject 
to 
the 
commissioner's 
authority under section 12701. 
75. 
Wolf. 
"Wolf" means the Gray Wolf (Canis lupus). 
SUBPART 2 
DEPARTMENT ORGABIZATIOR 
CHAPTER 903 
DEPARTME6T OF IBLAlm FISHERIES AID WILDLIFE 
SUBCBAPTER 1 
DEPAR'.I:MENT ES".rABLISJUID 
§1005l. 
Department established 
The 
Department 
of 
Inland 
Fisheries 
and 
Wildlife 
is 
established to preserve, protect and enhance the inland fisheries 
and wildlife resources of the State: to encourage the wise use of 
these resources: to ensure coordinated planning for the future 
use and preservation of these resources: 
and to provide for 
effective management of these resources. 
The 
department 
consists 
of 
the 
Commissioner 
of 
Inland 
Fisheries and Wildlife. 
a 
deputy commissioner. the Bureau of 
Administrative Services, the Bureau of Resource Management and 
the Bureau of Warden Service. The department also includes the 
Advisory Board for the Licensing of Guides, 
the Junior Maine 
Guides and Trip Leaders' 
Curriculum Board and whatever state 
agencies that are designated. 'The department is under the control 
and supervision of the commissioner. 
§10052. 
Bureau of Administrative Services 
The Bureau of Administrative Services is established within 
the Department of Inland Fisheries and Wildlife. The bureau is 
equal 
in organizational 
level 
and 
status 
with other major 
organizational units within the department or its successors. The 
bureau 
is 
administered 
by 
a 
director 
who 
is 
immediately 
responsible to the deputy commissioner. The director possesses 
full authority and 
responsibility for 
administering all the 
powers and duties of the bureau, subject to the direction of the 
commissioner and except as otherwise provided by statute. The 
responsibilities of the bureau include, but are not limited to: 
Page ll-LR2121(1) 
1. 
Financial accounting. The financial accounting of all 
department 
revenues 
and 
expenditures, 
including 
long-range 
financial planning and the preparation of annual and biennial 
budgets; 
2. 
Personnel 
activities. 
The 
administration 
of 
all 
personnel activities; 
3. 
Licensing 
and 
registration. 
The 
administration 
and 
issuance of department licenses, 
stamps 
and permits 
and the 
registration of snowmobiles, watercraft and all-terrain vehicles; 
4. 
Engineering. 
The 
design, 
maintenance 
and 
repair 
of 
department-owned 
facilities, 
including 
the 
preparation 
of 
a 
capital improvement plan to be printed in the budget document; 
5. 
Land acgp.isition. The acquisition and development of 
land for the protection, preservation and enhancement of the 
inland fisheries and wildlife resources; and 
6. 
Eqgigment 
inyentoty. 
The 
maintenance 
of 
a 
current 
inventory of all department-owned or department-managed property. 
S10053. 
Bureau of Resource Management 
The Bureau of Resource Management is established within the 
Department of Inland Fisheries and Wildlife. The bureau is equal 
in 
organizational 
level 
and 
status 
with 
other 
major 
organizational units within the department or its successors. The 
bureau 
is 
administered 
by 
a 
director 
who 
is 
immediately 
responsible to the deputy commissioner. The director possesses 
full 
authority 
and 
responsibility for 
administering all the 
powers and duties of the bureau, subject to the direction of the 
commissioner and except as otherwise provided by statute. The 
responsibilities of the bureau include, but are not limited to: 
1. 
Wildlife management. 
The management of the wildlife 
resources 
in 
the 
State 
for 
their 
preservation, 
protection, 
enhancement and use: 
2. 
Fisheries management. 
The 
management 
of 
the 
inland 
fisheries resources in the public waters of the State for their 
preservation, protection, enhancement and use: 
3. 
Propagation of fish. The propagation of fish for the 
effective management of inland fisheries resources in public 
waters of the State: 
4. 
Habitat management. The management of habitat for the 
protection. preservation. enhancement and use of inland fisheries 
and wildlife resources: 
5. 
Wildlife sanctuaries: wildlife management areas. 
The 
management of wildlife sanctuaries and wildlife management areas 
for the State as designated in chgpter 925: 
6. 
Data 
collection. 
The 
collection 
of 
data 
for 
the 
effective 
management 
of 
the 
inland 
fisheries 
and 
wildlife 
resources; 
7. 
Research. 
Research 
activities 
for 
the 
effective 
management of the inland fisheries and wildlife resources: 
8. 
Anima] 
damage control. 
The 
coordination of 
animal 
damage 
control 
functions 
throughout 
the 
State. 
including 
su.pplemental assistance for the control of coyotes and other 
nuisance wildlife that exceeds normal funding and staffing levels 
within the department: and 
9. 
Rules. The development of rules governing the effective 
management of the inland fisheries and wildlife resources of the 
State. 
§10054. 
Bureau of Warden Service 
The 
Bureau of Warden Service is established within the 
Department of Inland Fisheries and Wildlife. It is egual in 
organizational level and status with other major organizational 
units within the department or its successors. The bureau is 
administered by a director who is immediately responsible to the 
deputy commissioner. The director is the Game Warden Colonel and 
is employed pursuant to section 10103. subsection 3 and Title 5. 
chapter 59. which are applicable to this position. 
The director 
possesses full authority and responsibility for administering all 
the powers and duties of the bureau.. subject to the direction of 
the commissioner and except as otherwise provided by statute. The 
responsibilities of the bureau include. but are not limited to: 
1. 
General enforcement. Enforcement of laws or rules as 
designated by this Part. or as specified: 
2. 
Wildlife and fisheries enforcement. Enforcement of laws 
and department rules pertaining to the management and protection 
of 
the 
inland 
fisheries 
and 
wildlife 
resources 
as 
further 
designated by section 10353: 
3. 
Snowmobile, 
watercraft 
and 
all-terrain 
vehicle 
enforcement. 
Enforcement of laws and department rules pertaining 
Page l3-LR2121{l) 
to the registrations and operation of snowmobiles, watercraft and 
all-terrain vehicles; 
4. 
Search and rescue. The coordination and implementation 
of all search and rescue operations as specified under section 
10105, subsection 4; 
5. 
Safety. Assistance with programs for hunter safety and 
for the safe operation of snowmobiles, watercraft and all-terrain 
yehic1es; 
tie 
Data collection. The collection of data as needed for 
the 
management 
and 
protection of 
the 
inland fisheries 
and 
wildlife resources; and 
7. 
Other. Such areas as specified in state law. 
§l0055. 
Division of Planning 
The 
Division 
of 
Planning 
is 
established 
within 
the 
Department of Inland Fisheries and Wildlife and is responsible 
for 
deyeloping both short-term and 
long-term plans 
for 
the 
preseryation, protection. enhancement and use of inland fisheries 
and wildlife resources. The diyision shall undertake activities 
as directed. 
§l005ti. 
Division of Public Information and Education 
The 
Diyision 
of 
Public 
Information 
and 
Education 
is 
established 
within 
the 
Department 
of 
Inland 
Fisheries 
and 
Wildlife and is responsible for the administration of programs to 
increase the public's knowledge and understanding of the inland 
fisheries and wildlife resources and the management of these 
resources. including the administration of education programs for 
hunter 
safety 
and 
for 
the 
safe 
operation 
of 
snowmobiles, 
watercraft 
and 
all-terrain 
vehicles. 
The 
diyision's 
responsibilities 
include 
public 
education, 
promotion 
of 
the 
inland fisheries and wildlife resources and the dissemination of 
information. 
CQMMISSIQRER: POWERS AND DtrrIES 
§lOlOl. 
Appointment 
The commissioner is appointed by the Governor, subject to 
review by the joint standing committee of the Legislature having 
jurisdiction 
oyer 
fisheries 
and 
wildlife 
matters 
and 
to 
confirmation by the Legislature. The commissioner serves at the 
pleasure of the Governor. 
Any 
candidate for 
the office of 
commissioner must have a record of demonstrated support for, and 
an understanding of, the basics of modern wildlife and fisheries 
management and have experience in hunting, fishing or trapping. 
§10102. 
Office 
1. 
Facilities. 
The commissioner is entitled to have an 
office at the seat of government and adequate facilities for the 
transaction of the business of the department. 
2. 
Trayeling 
e~nses. The commissioner is entitled to 
receive all necessary traveling expenses. 
§10103. 
Duties 
In addition to other duties set out in this Part, 
the 
commissioner has the following duties. 
1. 
Appointment of deputr. 
The commissioner shall appoint, 
to serve at the commissioner's pleasure, the Deputy Commissioner 
of 
Inland Fisheries and Wildlife, 
who 
must be qualified by 
training and experience in fisheries and wildlife management or 
conservation law enforcement. Under the commissioner's direction, 
the deputy commissioner assists in the administration of the 
department. 
The deputy commissioner serves as the commissioner 
if the commissioner is disabled or absent or if the office of the 
commissioner becomes vacant. 
The commissioner 
m~ appoint an 
appropriate administrative officer in the department to perform 
the functions of the commissioner if both the commissioner and 
deputy commissioner are disabled or absent. 
2. 
Administration an" enforcement. 
Except as provided by 
statute, 
the 
commissioner 
has 
general 
supervision 
of 
the 
administration 
and 
enforcement 
of 
the 
inland fisheries 
and 
wildlife laws and has the responsibility for the management of 
all inland fish and wildlife in the State. 
The COmmissioner has 
responsibility for investigations carried out on behalf of the 
State in matters related to the status and needs of any inland 
fisheries and wildlife species and is the representative of the 
State in providing information associated with the status and 
needs of these natural resources to municipalities, political 
subdivisions of the State and the Federal Government. 
3. 
£mp1o!M8nt of personnel. 
The commissioner shall employ, 
subject to the Civil Service Law, such employees as are necessary 
to carry out the duties of the department, except that persons in 
the 
following positions are 
appointed 
by 
and 
serve at the 
pleasure of the commissioner: 
deputy commissioner: Game Warden 
Colonel: and Assistant to the Commissioner for Public Information. 
The Game Warden Colonel is appointed from among the game wardens 
of the department. 
In the event that the Game Warden Colonel is 
not reappointed, the Game Warden Colonel has the right to be 
restored to the classified position from which the Game Warden 
Colonel was promoted or to a position equivalent in salary grade 
in an agency, without impairment of personnel status or the loss 
of seniority, retirement or other rights to which uninterrupted 
service in the classified position would have entitled the Game 
Warden Colonel. 
If service in that unclassified supervisory 
position is terminated for cause, the right to be restored to 
that position must be determined by the State Civil Service 
Appeals Board. 
4. 
Report to Governor. 
The 
commissioner shall make 
a 
report to the Governor on or before the 31st day of December of 
each year for the year ending the previous June 30th. 
5. 
Code of operating procedure of warden service. 
The 
commissioner shall prepare a written code covering the operating 
procedure of the warden service that is consistent with the Civil 
Service Law and contractual agreements. 
6. 
Admjnistration of department. 
The commissioner shall 
adopt written policies establishing procedures to control the use 
of department equipment 
and vehicles. 
The 
commissioner shall 
review 
and 
control 
all 
administrative 
expenses, 
including 
reimbursement of moving expenses. 
7. 
Cgpies 
of 
laws 
for 
to'tlD, 
clerks 
or 
agents. 
The 
commissioner shall keep on hand at all times sufficient copies of 
abstracts of the inland fisheries and wildlife laws to furnish to 
all town clerks or agents authorized to issue licenses, so that 
they have copies available to issue with every license. 
8. 
BieDDia1 revision of fish and wi1d!ife 1aws. 
As soon as 
practicable after the adjournment of the Legislature, the Revisor 
of Statutes, with the assistance of the commissioner, shall issue 
a revision of all the public laws relating to inland fisheries 
and wildlife. The revision must be printed in a Pamphlet of the 
same size pages as the Maine Revised Statutes Annotated, and its 
printing and distribution must be the 
Same 
as that of the 
biennial laws, except that the commissioner may issue as many 
extra copies of this Part in a pamphlet of whatever size seems 
best to inform the people about the fish and wildlife laws. 
9. 
Ayailability of financial statement. 
The commissioner 
shall make the annual financial statement for the department 
available for public inspection within 180 days after the close 
of the fiscal year that is the subject of the report. 
10. 
Water 
level 
danger 
zones. 
The 
commissioner 
may 
establish, in accordance with section 10104, subsection 1, water 
level danger zones. 
These zones are areas of rivers and streams 
below water impoundment that are subject to rapidly changing 
water 
levels. 
The 
commissioner 
may 
adopt rules 
to protect 
indiyiduals using those areas for hunting, fishing, trapping and 
boating purposes. 
The commissioner may not regulate the flow of 
water under this section. 
11. 
RE!J?Ort to Legislature. 
The commissioner shall submit 
an 
annual 
report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over appropriations and financial 
affairs and the joint standing committee of the Legislature 
haying jurisdiction over inland fisheries and wildlife matters. 
This report must identify all specific extended responsibility 
services provided by the department to indiyiduals who do not pay 
a particular fee to the department for the provision of that 
seryice, including all search and rescue actiyities conducted by 
the department. 
This report must include an estimate of the 
total cost of providing the identified extended responsibility 
seryices. 
The report must be submitted on or before January 1st 
of each year. 
Upon receipt of the report, the j oint standing 
committee 
of 
the 
Legislature 
haying 
jurisdiction 
over 
appropriations 
and financial affairs and 
the joint standing 
committee of the Legislature having jurisdiction over inland 
fisheries and wildlife matters shall giye separate consideration 
to funding the department's estimated cost of providing the 
identified extended responsibility seryices. 
12. 
Crjmjnal histoo- record information. 
The commissioner 
shall collect and maintain criminal history record information 
pertinent to yiolations of this Part. 
The 
COmmissioner may 
collect and maintain other records and information pertinent to 
other functions of the department, including the enforcement of 
ciyil yiolations. 
§10104. 
Rule-making power 
In addition to other powers granted in this Part, 
the 
commissioner has the following powers. 
1. 
Rules. The commissioner may, with the advice and consent 
of the adyisory council and in conformity with Title 5, Part 18, 
and 
except 
as 
otherwise 
proyided, 
adopt, 
amend 
and 
repeal 
reasonable rules, inCluding emergency rules, necessary for the 
proper 
administration, 
implementation. 
enforcement 
and 
interpretation of any provision of law that the commissioner is 
charged with the duty of administering. These rules duly adopted 
have the full force and effect of law and are effective upon 
filing with the Secretary of State, unless 
a 
later date is 
required by statute or specified in the rule. 
2. 
Filing of rules. The commissioner may file certified 
copies of all rules adopted by the commissioner and any and all 
amendments to the rules with the clerks of the District Court and 
Superior Court. These certified copies are considered official 
publications of the State for all purposes. including. but not 
limited to. the Maine Rules of Civil Procedure, Rule 44(a)(I) and 
the Maine Rules of Evidence, Rule 902 (5). and judicial notice 
must be taken accordingly. 
A facsimile of the signature of the 
commissioner imprinted by or at the commissioner's discretion 
upon any such certificate of true copy has the same validity as 
the COmmissioner's written signature. 
§10105. 
Other pavers 
1. 
Authority to issue penDits. 
Whenever the commissioner 
determines 
it 
necessary 
for 
the 
accomplishment 
of 
the 
commissioner's 
statutory duties. 
the 
commissioner 
mgy 
issue 
permits authorizing persons to assist the commissioner in the 
taking and destruction of any wildlife. 
A person may not engage in an activity for which a permit may be 
issued under this subsection and for which that person does not 
have a valid permit. 
Each day a person violates this subsection 
that person commits a Class E crime for which a minimum fine of 
$50 and an amount equal to twice the applicable license fee must 
be imposed. 
2. 
Coumissioner' s 
authority to 
tenDinate 
season. 
The 
commissioner may terminate open season on coyote hunting at any 
time in any area if. in the COmmissioner's opinion. an immediate 
emergency action is necessary due to adverse weather conditions 
or unlawful hunting activity. 
3. 
CqyOte control program. 
Pursuant to section 10053, 
subsection 8. the commissioner shall maintain a coyote control 
program as follows. 
A. 
The commissioner may employ qualified persons to serve 
as agents of the department for purposes of coyote control. 
These agents must be trained by the department in animal 
damage 
control 
techniques 
and must 
be utilized by 
the 
department to perform coyote control duties in areas where 
predation by coyotes is posing a threat to deer or other 
wildlife. 
Each agent shall execute a cooperative agreement 
with 
the 
department 
specifying 
the 
conditions 
and 
limitations of the agent's responsibilities as an agent, 
including any terms for reimbursement of expenses or payment 
of wages. 
B. 
Agents must be trained in the use of snares and must be 
deployed in the unorganized townships to control coyotes 
during the winter months. 
All snaring must be carried out 
under the direction of department officials and with the 
knowledge of the local game warden. 
All areas of snaring 
activity must be adequately posted. 
C. 
Agents may be utilized for the benefit of agricultural 
interests as long as the department is reimbursed annually 
for 
the 
cost 
of 
those 
efforts 
Py 
the 
Department 
of 
Agriculture, 
Food 
and 
Rural 
Resources 
from 
funds 
specifically appropriated or otherwise made available to the 
Department of Agriculture, Food and Rural Resources for that 
purpose. 
4. 
Search and rescue. 
Whenever the commissioner receives 
notification that any person has gone into the woodlands or onto 
the inland waters of the State on a hunting, fishing or other 
trip and has become lost, stranded or drowned, the commissioner 
shall exercise the authority to take reasonable steps to ensure 
the safe and timely recovery of that person: except in cases 
involving dOwned or lost aircraft covered by Title 6. section 303. 
A. 
The commissioner may summon any person in the State to 
assist in search and rescue attempts. 
Each person summoned 
must be paid at a rate set by the commissioner with the 
approval 
of 
the 
Governor 
and 
must 
be 
provided 
with 
subsistence while engaged in these activities. 
B. 
The commissioner may enter into written agreements with 
other 
agencies 
or 
corporations. 
including 
commercial 
recreational 
areas. 
allowing partial 
search 
and 
rescue 
responsibility within specified areas. 
C. 
The 
commissioner may terminate 
a 
search and 
rescue 
operation 
by 
members 
of 
the 
department 
when. 
in 
the 
commissioner's opinion. all reasonable efforts have been 
exhausted. 
D. 
The commissioner may recover all costs directly related 
to a specific search and rescue operation: 
(1) From the person for whom the search and rescue 
operation was conducted: or 
(2) If a person knowingly provided false information 
that leads to a search and rescue operation. from the 
person who provided that false information. 
Any 
person who 
has 
knowledge 
that another person is lost. 
stranded or drowned in the woodlands or inland waters of the 
State shall notify the Bureau of Warden Service of the department. 
5. 
Boundary vaters with Rew BfflDPshire and Canada. 
The 
commissioner may prescribe bag limits. 
size limits. 
open or 
closed seasons 
and methods 
of taking fish 
from 
the 
inland 
boundary waters between the states of Maine and New Hampshire and 
provinces of Canada. These rules must be mutually agreed upon by 
the commissioners of Maine and New Hampshire and the fishery 
authorities of Canada and approved by the Inland Fisheries and 
Wildlife Advisory Council. 
6. 
Establishing line of demarcation. 
The 
commissioner. 
through an agent designated by the cOmmissioner. may establish a 
line of demarcation between a lake or pond and its outlet or 
tributaries 
in 
areas 
where 
the 
commissioner 
determines 
it 
necessary. 
7. 
Sale of arms and iUlllRUDition. The commissioner may sell 
all property held or confiscated by the State for violation of 
laws 
relating 
to 
the 
protection 
of 
inland 
fisheries 
and 
wildlife. 
A 
confiscated 
or 
forfeited 
handgun 
that 
was 
confiscated or forfeited because it was used to commit a homicide 
must be destroyed by the State. unless the handgun was stolen and 
the rightful owner was not the person who committed the homicide. 
in which case the handgun must be returned to the owner if 
ascertainable. 
For purposes of this subsection. "handgun" means 
a firearm. including a pistol or revolver. designed to be fired 
by use of a single hand. 
The commissioner shall transmit all 
money received by the sales to the Treasurer of State to be 
credited to the department. 
8. 
Emplqyee 
discip1ine. 
The 
commissioner 
may 
dismiss. 
suspend or otherwise discipline 
any 
department 
employee 
for 
cause. 
This 
right is 
subject 
to 
the 
right of 
appeal 
and 
arbitration of grievances as set forth in statute. 
9. 
Possession and disposal of fish and wildlife. 
The 
commissioner may take possession of sick. injured or dead fish 
and wildlife that is not the property of another person. 
For any 
fish 
and wildlife possessed by the 
commissioner 
under 
this 
subsection. the commissioner may: 
A. 
For sick or injured fish or wildlife, destroy that fish 
or wildlife when necessary in a manner consistent with the 
provisions of Title 17, section 1043: and 
B. 
For dead fish or wildlife, dispose of that fish or 
wildlife 
in 
any 
manner 
considered 
appropriate 
by 
the 
commissioner. 
This subsection does not apply to fish or wildlife seized by the 
commissioner under section 10502. 
10. 
Taking and importing wildlife. The commissioner may 
take fish or wildlife for scientific purposes and may bring fish 
and wildlife into the State or authorize others to do so. 
11. 
Take or i.mport anjmals Mil birds. The commissioner may 
take or import wild animals or wild birds of any kind. dead or 
alive. for the purposes of inspection. cultivation, propagation. 
distribution or for scientific or other purposes considered by 
the commissioner to be of interest to the game industry of this 
State. 
12. 
Purchase or sale of wildlife for use as evidence. 
An 
agent of the commissioner mqy buY or sell wildlife for use as 
evidence in prosecution of a violation of this Part. 
§10106. 
Fish and wildlife restoration 
1. 
Commissioner's authority. 
The State assents to the 
Federal Aid in Wildlife Restoration Act. Public Law, September 2, 
1937, 
chapter 899, 
as amended, 
and the Federal Aid in Fish 
Restoration Act. Public Law, 
August 9, 
1950, chapter 658, as 
amended. The commissioner is authorized, empowered and directed 
to perform such acts as mqy be necessary to the conduct and 
establishment 
of 
cooperative 
wildlife 
and 
fish 
restoration 
projects. as defined in those Acts of Congress, in compliance 
with those Acts and with rules and regulations promulgated by the 
United States Secretaries of Agriculture and Interior under those 
Acts. 
2. 
Control of distribution and conservation of bares and 
rabbits. The commissioner may at any time take and transport live 
hares or rabbits by purchasing them from local trappers whenever 
the 
commissioner 
determines 
it 
necessary 
for 
the 
proper 
distribution and conservation of the hares and rabbits. 
§10107. 
Deer wintering areas 
1. 
Identification 
of 
deer 
wintering 
areas. 
The 
commissioner 
shall, 
by 
rule, 
establish 
criteria 
for 
the 
identification of 
deer 
wintering 
areas 
in 
the 
State. 
The 
criteria must include: 
A. 
Observation by department personnel; 
B. 
Deer tracks; 
C. 
Evidence of current or past browsing; 
D. 
Deer pellet depositions; or 
E. 
Bedding sites. 
2. 
Rotification. 
Whenever evidence indicates. according to 
criteria established by the commissioner. the existence of a deer 
wintering 
area 
in 
any 
municipality 
or 
plantation. 
the 
commissioner shall notify the officials of the municipality or 
plantation and the owner or owners of record of the property on 
which the area is located of the existence of the deer wintering 
area and shall provide information to those persons as to actions 
that may be taken to protect the deer in that area. 
§10108. Programs 
1. 
Training in firearm safety. 
The commissioner shall 
establish a program for training individuals in the safe handling 
of firearms and for this purpose may cooperate with any public or 
private 
association 
or 
organization 
having 
as 
one 
of 
its 
Objectives the promotion of safety in firearms handling. 
In 
establishing 
the 
program 
under 
this 
subsection. 
the 
commissioner shall: 
A. 
Prescribe 
the 
qualifications 
of 
instructors. 
Each 
instructor 
authorized 
by 
the 
commissioner 
to 
conduct 
training under the program must be covered by liability 
insurance protecting that person from liability for damages 
during the time when instruction is being given. The cost of 
this insurance must be borne by the State and must be a 
charge against the funds credited to the department; 
B. 
Prescribe the type and course of instruction and the 
time and place of eXaminations; and 
C. 
Issue a certificate of competency to individuals who 
successfully complete the examination. 
2. 
Promotion 
of 
hunting. 
fishing 
and 
camping. 
The 
commissioner 
ma,y 
implement 
a 
program 
designed 
to 
promote 
fisheries and wildlife resources and attract hunters and anglers 
to the State. 
As part of this program, the commissioner may 
reduce the price of certain types of licenses for specified 
periods of time to promote license sales for hunting and fishing 
in 
the 
State. 
This 
program 
maY' 
include 
coordination 
of 
activities between the public and private sectors and utilization 
of 
promotional 
missions, 
exhibits, 
brochures, 
technical 
assistance and expertise as necessary to develop and promote 
hunting, fishing and camping activities within the State. 
The 
commissioner shall coordinate this program with the activities of 
the 
Department 
of 
Economic 
and 
Community 
Development. 
Any 
purchases made as 
a 
result of that coordination must be by 
competitive bid. 
3. 
Super§POrt certificate. 
A person may be designated as a 
sypersport 
by 
obtaining 
a 
supersport 
certificate 
from 
the 
commissioner or the commissioner's agent for a fee of $15. 
4. 
Landowner relations program. 
The 
commissioner shall 
develop and implement a program to improve landowner relations. 
The program must foster public use of private land for hunting 
and fishing and promote high standards of courtesy, respect and 
responsibilitY' by hunters and anglers for private lands and 
prevent abuse of private lands by hunters and anglers. 
The 
program must have the following 2 components: 
A. 
A program that supports landowners, called the Support 
Landowners Program. 
Twelve dollars of each $15 collected 
under subsection 3 is dedicated to the Support Landowners 
Program. 
The Sypport Landowners Program maY': 
(1) 
Offer a toll-free number for landowner concerns; 
(2) 
From among existing staff, appoint a 
landowner 
relations coordinator at the Augusta office of the 
department 
and 
regional 
landowner 
relations 
coordinators 
at 
the 
regional 
offices. 
Regional 
landowner relations coordinators maY' be appointed onlY' 
from the department's recreational safetY' coordinators 
and volunteers: 
(3) 
Provide 
linkage 
with 
local 
conservation 
organizations, volunteer groups and advisory groups: 
(4) 
Enhance 
enforcement 
of 
trespass, 
dumping 
and 
property damage violations: 
(5) 
Provide educational materials and signs: 
(6) 
Coordinate with other related landowner relations 
activities, including Landowner Recognition Day: and 
(7) 
Encourage landowners who allow access to their 
property only with permission to conspicuously post 
signs on the property indicating the name and address 
of the owner or other person with authority to grant 
permission; and 
B. 
A program called the Sport Hunter Program. 
The Sport 
Hunter 
Program is established to 
combat disrespect 
and 
misconduct 
and 
to 
improve 
the 
hunter' s 
image 
through 
landowner 
relations, 
coordination 
with 
hunter 
safety 
programs and conservation ethics. 
Three dollars of each $15 
collected under subsection 3 is dedicated to the Sport 
Hunter Program. 
The Support Landowners Program and the Sport Hunter Program must 
operate within the department and must be implemented no later 
than January 1, 1996. 
5. 
"Booked on Fifihing Rot on Drugs" program. 
The "Hooked 
on Fishing Not on Drugs" program is established in the department 
to 
encourage 
youth 
fishing 
activities 
in 
the 
State. 
The 
commissioner ma,y a,ccept money, goods or services donated to the 
department for the "Hooked on Fishing Not on Drugs" program. 
Money, goods and services accepted by the commissioner under this 
subsection mey be used only for those program activities. 
6. 
ArcheU hunting education program. 
The 
commissioner 
sha,ll establish a program for training individuals in safe and 
responsible archery hunting skills and behavior. 
This program 
includes instruction in fisheries and wildlife laws, rights of 
landowners and hunters and appropriate principles of wildlife 
management. 
The commissioner ma,y charge an enrollment fee of up 
to $10 per person to help defrey the costs of this program. 
The 
commissioner mey coopera,te with any public or priva,te association 
dedicated to responsible and safe arChery hunting to establish 
this program. 
In establishing the program, the commissioner shall: 
A. 
Prescribe the qualifications of instructors; 
B. 
Provide 
liability 
insurance 
for 
ea,ch 
instructor 
authorized by the COmmissioner to conduct tra,ining under the 
program protecting tha,t person from liability for damages 
during the time when instruction is being given. 
The cost 
of this insurance must be borne by the State a,nd cha,rged 
against funds credited to the department; 
c. 
Prescribe the type and length of instruction and the 
time and place of eXaminations: and 
D. 
Issue a certificate of competency to indiyiduals who 
successfully complete the examination. 
7. 
Trapper education program established. 
The commissioner 
shall establish a program for training individuals in safe and 
responsible trapping skills 
and behavior. 
This 
program must 
include instruction in the applicable laws and rights and in the 
appropriate principals of wildlife management. The commissioner 
may charge an enrollment fee of up to $10 a person to help defray 
the costs of this program. 
For the purpose of establishing the 
program. 
the 
commissioner 
may 
cooperate with 
any public or 
private association haying similar goals. 
In establishing the program. the commissioner shall: 
A. 
Prescribe the qualifications of instructors: 
B. 
Provide for insurance. 
Each instructor authorized by 
the commissioner to conduct training under the program must 
be covered by liability insurance protecting that person 
from liability for damages during the time when instruction 
is being giyen. 
The cost of this insurance must be borne by 
the State and must be a charge against the funds credited to 
the department: 
c. 
Prescribe the type and length of instruction and the 
time and place of eXaminations: and 
D. 
Issue a certificate of competency to indiyiduals who 
successfully complete the examination. 
8. 
Hunters for the Bnngx:y Program. 
The Hunters for the 
Hungry Program. referred to in this subsection as the "program. " 
is established to allow the department and persons who 
are 
lawfully in the possession of wild game meat to donate that wild 
game meat for distribution to needy persons through the food 
assistance programs of the Department of Agriculture. Food and 
Rural Resources. 
A. 
The department shall develop and implement this program 
in cooperation with the Department of Agriculture, Food and 
Rural Resources. 
In developing the program, the department 
shall investigate. in cooperation with the Department of 
Agriculture. 
Food 
and 
Rural 
Resources. 
the 
costs 
and 
benefits of establishing a 
toll-free telephone line for 
facilitating the donation of meat. 
B. 
The 
department 
may 
adopt 
rules 
to 
implement 
the 
program. 
If rules are determined necessary, the department 
shall develop those rules in cooperation with the Department 
of Agr icul ture, Food and Rural Resources. 
Rules adopted 
pursuant to this subsection are routine technical rules as 
defined in Title 5, 
chapter 375, 
subchapter 2-A. 
Rules 
adopted under this subsection may 
include, 
but are not 
limited to: 
(1) 
Procedures for donating wild game meat: 
(2) 
Provisions for a guality control program: 
(3) 
Procedures for distributing donated wild game meat 
through the food assistance programs administered by 
the Department of Agriculture, Food and Rural Resources: 
(4) 
Methods 
for supporting private sporting groups 
throughout 
the 
State 
with 
program 
education 
and 
promotion efforts: and 
(5) 
Limiting the distribution of wild game meat to 
certain types of facilities. 
C. 
A person who donates lawfully obtained wild game meat 
that is apparently fit for human consumption to the program 
and a charitable, nonprofit or other organization authorized 
by the department to receive and distribute meat donated 
under the program are immune from civil liability arising 
from injury or death due to the condition of the donated 
food, unless the injury or death is a direct result of the 
intentional misconduct of the donor or the organization. 
9. 
PheaSant program. 
The commissioner may enter into an 
agreement 
with 
a 
gualified 
rod 
and 
gun 
club 
or gualified 
hunting-oriented organization to allow the club or organization 
to purchase 
and raise pheasants. 
An 
agreement entered into 
pursuant to this subsection may provide for the use of department 
facilities for raising pheasants by a gua1ified rod and gun club 
or gualified hunting-oriented organization. 
For purposes of this 
subsection, 
"gualified 
rod 
and 
gun 
club 
or 
gualified 
hunting-oriented organization" means 
a rod and gun club or a 
hunting-oriented organization that has demonstrated involvement 
in raising and releasing pheasants in the year prior to entering 
into an agreement with the commissioner to purchase and raise 
pheasants. 
The following provisions must be observed. 
A. 
The department is not authorized to purchase or raise 
pheasants. 
B. 
All pheasants purchased and raised under an agreement 
with the commissioner pursuant to this subsection must be 
released under 
the direction of department officials in 
areas open to hunting for the general public. 
§10109. 
Acquisition and disposal of land 
1. 
Acquisition of land: wildlife I!@Dagement and public 
access. 
The commissioner may acquire property pursuant to this 
subsection for fish hatchery or fish feeding stations or wildlife 
management areas or public access sites. 
A. 
The commissioner may acquire in the name of the State. 
by gift, bequest or otherwise. real and personal property 
for the location, construction and convenient operation of a 
fish 
hatchery 
or 
fish 
feeding 
station 
or 
a 
wildlife 
management area or public access sites to inland or coastal 
waters. 
When 
acqu~nng land or interest in land for 
a 
wildlife management area or for a public access site, the 
commissioner 
shall 
examine 
options 
for 
obtaining public 
vehicular access rights to the land. 
If an acquisition is 
made 
that 
does 
not 
include 
guaranteed public vehicular 
access, the commissioner shall describe the acquisition in 
the 
annual 
report 
submitted pursuant 
to 
section 10103, 
subsection 11 and the justification for that acquisition. 
B. 
The commissioner may purchase, lease or take and hold. 
for and in behalf of the State as for public uses, land and 
all materials in and upon it or any rights necessary for the 
purpose 
of 
establishing, 
erecting 
and 
operating 
fish 
hatcheries or fish feeding stations or wildlife management 
areas or public access sites to inland or coastal waters. 
c. 
When the commissioner finds that a public need requires 
the taking of any land or rights for the purposes set out in 
this subsection. the commissioner shall cause the land or 
rights to be surveyed. located and described so that the 
land or rights can be located. 
D. 
A plan of the land or rights must be filed and recorded 
in the registry of deeds where the land or rights are 
located. 
E. 
The filing of the plan and description vests the title 
to the land and right in the State or its grantees. to be 
held at the pleasure of the State. 
2. 
Acgyisition of land: state game farms. 
The commissioner 
may purchase suitable lands and erect buildings on those lands 
within this State necessary for the operation of state game farms 
for the propagation of wild animals and wild birds for restocking 
the woods and forests of the State. 
3. 
Compensation to landowners. 
The 
owners of property 
taken under this section must be compensated for that taking. 
A. 
The owners of property, either real or personal. taken 
by the commissioner under this section, are entitled to 
damages equal to the reasonable value of the property, as is 
provided when land is taken for highway purposes under Title 
23, chapter 3. 
B. 
In the event of 
a 
disagreement over 
the value of 
property taken under this section, the reasonable value must 
be determined by the county commissioners of the county in 
which the land is situated, upon the written application of 
any interested party. 
C. 
If any party in interest is aggrieved by the decision of 
the 
county 
COmmissioners 
under 
paragraph 
B 
rendered in 
conformity with this section, an appeal may be made to the 
Superior Court of the county in the 
Same 
manner as is 
provided 
when 
land is taken by 
the State 
for 
highway 
purposes. 
4. 
Unneeded pro.perty. The Governor, 
on recommendation of 
the commissioner, may sell and convey on behalf of the State the 
interests of the State in property taken or acquired by purchase 
under this Part and determined 
no 
longer necessary for 
the 
purposes of this Part. 
The commissioner, with the approval of 
the Governor, may lease these same properties. 
The proceeds from 
these sales or leases must be credited to the funds of the 
department. 
SOBCIIAP'.rER 3 
ADVISORY CQQJfCIL. BOARDS AIm C<MIITrEES 
§l0151. 
Inland Fisheries and Wildlife Advisor,y Council 
1. 
Appointment. 
The Inland Fisheries and Wildlife Advisory 
Council. established by Title 5, section 12004-G, subsection 20 
and referred to in this Part as the "advisory council," consists 
of 10 members representing the 16 counties of the State in the 
following manner: 
one member representing Androscoggin County, 
Kennebec County and Sagadahoc County; 
one member representing 
Aroostook County; one member representing Cumberland County; one 
member representing Franklin County and Oxford County; one member 
representing Hancock County; one member representing Knox County, 
Lincoln 
County 
and 
Waldo 
County; 
one 
member 
representing 
Penobscot County; one member representing Piscataquis County and 
Somerset County; one member representing Washington County; and 
one member representing York County. 
Members of the advisory 
council are ap,pointed by the Governor, subject to review by the 
joint standing committee of the Legislature having jurisdiction 
over fisheries and wildlife matters and to confirmation by the 
Legislature. The commissioner is a nonvoting, ex officio member 
of the advisory council, but may vote to break a tie. 
An employee of the department may not serve as a member of the 
advisory council prior to the expiration of one year from that 
employee's 
last 
day 
of 
employment 
with 
the 
department. 
A 
Legislator may not serve as a member of the advisory council. 
A 
former 
Legislator 
who 
was 
a 
member 
of 
the 
joint standing 
committee of the Legislature having jurisdiction oyer fisheries 
and wildlife matters may not serve as a member of the advisory 
council prior to the expiration of one year from that former 
Legislator's last day of membership on that committee. 
2. 
Length of terms. 
Appointments are for a term of 3 years 
and until successors are appointed and qualified. 
A person may 
not serve more than 2 consecutive 3-year terms. 
On the death, 
resignation or removal from office of any person appointed to the 
advisory council, the Governor shall appoint a member to serve 
for the unexpired term. 
3. 
~nses. 
The members 
of the advisory council are 
entitled to compensation as provided in Title 5. chapter 379. 
4. 
Duties. 
The 
advisory 
council 
shall 
perform 
the 
following duties. 
A. 
The advisory council shall render to the commissioner 
information and advice concerning the administration of the 
department and carry out other duties specifically delegated 
by this Part. 
B. 
The advisory council shall hold regular meetings with 
the commissioner or the commissioner's deputy in December 
and May of each year and may hold special meetings at such 
other times and places as are advisable. 
5. 
Meetings. 
All regular 
and special meetings of the 
advisory council must be public meetings and must be held in a 
public meeting place convenient for the public. 
Public comment 
must be accepted at regular and special meetings of the advisory 
council. 
Comments 
may 
be restricted to subjects before the 
advisory 
council 
at 
the 
meeting 
and 
consistent 
with 
any 
applicable 
reguirements 
and 
limitations 
of 
the 
Maine 
Administrative Procedure Act. 
Public notice of all regular and 
special advisory council meetings must be published in a daily 
newspaper of general circulation in the geographic area where the 
meeting is scheduled at least 7 days and not more than 21 days 
prior to the meeting. 
That notice must include an agenda or 
statement of purpose of the meeting. That notice may be combined 
with any other notice of the meeting reguired by law. 
6. 
Officers. 
At the meeting held in May of each year, the 
advisory council may elect one member as chair and one member as 
vice-chair. 
Sl0152. 
DiSabled hunter, trAPper and angler adyisoQ' cODDittee 
The commissioner shall establish a disabled hunter, trapper 
and angler advisory committee referred to in this section as the 
"advisory committee," composed of 4 disabled persons, a licensed 
pbysician, 
a 
representative of state agencies 
that work 
on 
disability 
issues, 
statewide 
organizations 
representing 
hunters, 
trappers or anglers and one interested person. 
The 
purpose of the advisory committee is to advise the commissioner 
on 
applications 
for 
a 
special 
permit 
under 
section 
10853, 
subsection 11 and to provide recommendations to the commissioner 
on ways to promote and enhance access to hunting, fishing and 
trapping opportunities in this State for disabled persons. 
The 
commissioner shall meet with the advisory committee at least 
twice a year, once during the montb of January, February or March 
and once during the month of July, August or September, to review 
applications 
for 
special 
permits 
to 
accommodate 
permanent 
physical disabilities provided for in section 10853, subsection 
but may 
meet 
more 
often as 
the 
commissioner 
determines 
necessary. 
The 
commissioner 
may, 
within 
existing 
budgeted 
resources, reimburse advisory committee members for mileage or 
other expenses related to attending meetings of the advisory 
committee. 
Sl0153. 
AdvisoQ' Board for the LiCensing of Guides 
1. 
M@rnbers. 
The 
Advisory 
Board for 
the 
Licensing of 
Guides, established by Title 5, section 12004-I. subsection 23 
and referred to in this section as "the board," consists of the 
following 8 members: 
A. 
One subordinate officer of the department designated by 
the commissioner: 
B. 
Two wardens of the department; 
C. 
Four representatives of the public, with no more than 3 
holding a license under chapter 927, to be appointed by the 
Governor for a term of 3 years to reflect a wide diversity 
of guiding experience. 
At least 2 members must be chosen 
for 
their expertise in outdoor 
recreation. 
The 
public 
members must be compensated as provided in Title 5, chapter 
379; and 
D. 
One marine patrol officer of the Department of Marine 
Resources. 
2. 
Duties. 
The board has the following duties: 
A. 
To provide advice and consent regarding rules proposed 
by the commissioner; 
B. 
At the request of the commissioner, to conduct oral 
examinations of applicants for guide licenses: 
C. 
To advise the commissioner on granting and revoking 
guide licenses: and 
D. 
At the board's discretion. to designate examiners for 
the purpose of conducting oral examinations pursuant to 
section 12855, subsection 6. 
EXaminers must be selected 
from active or retired members of the Bureau of Warden 
Service, current or former board members. active or retired 
members of the marine patrol or currently licensed Maine 
guides. 
Designated examiners are entitled to compensation 
under the same provisions as the board. 
3. 
Quorum. 
Five members of the board constitute a quorum. 
§lOl54. 
Junior Maine Guides and Trip Leaders 
CurriculPID Advisox:y Board 
1. 
Board established. 
The commissioner shall appoint a 
board of 5 members to be known as the "Junior Maine Guides and 
Trip Leaders Curriculum Adyisory Board" and referred to in this 
section as 
"the board," 
as established b.y Title 5, 
section 
12004-1, subsection 24. 
2. 
llet!!bershi,p. 
The board consists of one member from the 
department, one member from the Department of Human Services and 
members of the public. one of whom must be a 
Maine 
camP 
director. 
Appointments to the board are for 3 years or until 
successors are appointed. 
3. 
Duties. 
The 
board 
has 
the 
duty 
to 
advise 
the 
commissioner on the adoption of a trip leader safety course 
curriculum and on the adoption of rules for the administration of 
this section and sections 12859 and 12860. 
4. 
Compensation. 
The 
public 
members 
are 
entitled to 
compensation as provided in Title 5, chapter 379. 
§10155. 
Adviso~ Board for the Licensing of 
Taxidermists 
The Adyisory Board for the Licensing of Taxidermists is 
established by Title 5, 
section 12004-I, subsection 23-A and 
referred to in this section as "the board." 
1. 
Membership. 
Members of the board must be residents of 
the State. 
The board consists of the following 5 members: 
A. 
Two 
employees 
of 
the 
department, 
appointed 
by the 
commissioner; 
B. 
Two licensed taxidermists with expertise in the art of 
taxidermy, appointed by the Governor: and 
C. 
One member of the general public with no affiliation to 
the art of taxidermy, appointed by the Governor. 
2. 
Term. 
The term of office for members of the board is 3 
years. except that the terms must be staggered to the extent 
possible. 
Appointments for terms of less than 3 years may be 
made 
in order to stagger the terms. 
Upon expiration of 
a 
member's 
term, 
that 
member 
shall 
serve 
until 
a 
qualified 
successor is appointed. 
The successor's term is 3 years from the 
date of the expiration, regardless of the date of appointment. 
A 
vacancy in the office of a member is filled by the appOinting 
authority 
for 
that 
position 
for 
the 
unexpired 
term. 
The 
department members may be removed by the commissioner for cause. 
All other members may be removed by the Governor for cause. 
3. 
Staff assistance. 
The department shall provide staff 
assistance as necessary. 
4. 
Duties. 
The 
board 
shall 
advise 
the 
commissioner 
regarding implementation of sections 10909, 12952. 12953 and this 
section and any related rules and shall assist in the development 
and conduct of examinations. 
5. 
Quorum. 
Three members of the board constitute a quorum 
for the transaction of business. 
6. 
Compensation. 
All members of the board except state 
employees. are entitled to receive compensation as provided in 
Title 5. chapter 379. 
§10156. Adviso~ Board for the Licensing of Whitewater Guides 
1. 
Mftmbers. 
The 
Advisory 
Board for 
the 
Licensing of 
Whitewater Guides. referred to in this section as the "board" and 
established 
by 
Title 
5. 
section 
12004-1. 
subsection 
23-B. 
consists of the following 10 members: 
A. 
The commissioner or an employee of the department who is 
the commissioner's designee; 
B. 
One 
warden 
or 
retired 
warden 
of 
the 
department. 
appointed by the cOmmissioner; and 
C. 
Eight persons representing the public who are licensed 
whitewater guides. appointed by the Governor for staggered 
terms 
of 
years. 
In 
making 
appointments 
under 
this 
paragraph. the Governor shall ensure that those appointments 
establish and maintain a wide diversity of whitewater guide 
experience 
on 
the State's 
rapidly 
flowing 
rivers. 
The 
Governor may not appoint a person who holds a commercial 
whitewater 
outfitter's 
license. 
At 
least 
persons 
appointed 
under 
this 
paragrgph 
must 
have 
expertise 
in 
whitewater rafting on both the Kennebec River and the West 
Branch of the Penobscot River. including the cribworks. 
2. 
Compensation. 
Members 
who 
are not employed by the 
department are entitled to compensation as provided in Title 5. 
chapter 379. 
3. Duties. 
The board has the following duties: 
A. 
To 
provide 
advice 
regarding 
rules 
proposed 
by 
the 
commissioner; 
B. 
At the request of the 
commissioner. 
to conduct an 
examination of applicants for the whitewater guide's license 
as provided in section 12909. except that oral examinations 
are conducted by 2 members; and 
C. 
To advise the commissioner on granting and revoking 
whitewater guide's licenses. 
4. 
Quorum. 
Five members of the board constitute a quorum. 
SOBCIIAP"lER 4 
FINANCES 
§I0201. 
Power to raise revenue 
1. 
Sale of publications. 
If the commissioner determines it 
advisable 
for 
the 
more 
effective 
dissemination 
of 
factual 
information. 
information 
of 
public 
interest 
or 
information 
tending to promote better public relations. the commissioner may 
fix the price. if any. of certain publications and materials of 
the department and sell and deliver them. 
Publications and 
materials included within this authority are all publications. 
articles. 
biological 
and 
statistical 
data. 
professional 
and 
technical service reports by departmental personnel and other 
materials in the department I s possession and pertaining to the 
department. except publications of the laws in whatever form. 
These publications may not carry any advertising of a political 
nature. but may carry commercial advertising. 
The commissioner 
shall accept commercial advertising in the department I s general 
circulation magazine entitled "Maine Fish and Wildlife" and any 
successor or similar publication developed by the department. 
The commissioner may sell or lease video tapes. photographs or 
negatives owned by the department and may fix the price. if any. 
giving consideration to their fair market value. 
2. 
Sale of advertising in abstracts of fish and wildlife 
laws. 
The commissioner may sell advertising. except advertising 
of a political nature. in abstracts of laws published by the 
department pursuant to section 10103, subsection 7. 
All revenue 
derived from the sale of advertising in these publications must 
be used to offset the cost of printing these publications. 
3. 
Sale of general merchandise. 
The 
commissioner 
may 
engage 
in the selling and marketing of general merchandise 
products such as T-shirts. aprons. coffee mugs and greeting cards 
when the express purpose is to accommodate public demand and 
generate supplemental funds. 
These funds may not be used for any 
costs associated with 
a 
quarterly magazine 
produced by the 
department. 
A. 
The 
commissioner 
may 
create 
dedicated 
accounts 
to 
deposit money received from the sale of general merchandise 
pursuant to this subsection and may accept money, goods and 
services donated to 
the department to 
support specific 
programs carried out by the department. 
Any money donated 
to the department in support of a specific program must be 
deposited into 
a 
dedicated account 
for 
the 
purpose of 
funding activities carried out by that program. 
B. 
Funds received by the commissioner for the sale of 
general merchandise products pursuant to this subsection 
must be deposited in a dedicated account to be used only for 
the purposes described in section 10108, subsection 2. 
4. 
Promotion and education on lead sinkers and lures. 
The 
commissioner may accept money, goods or services donated to the 
department for the purpose of educating the public on ways to 
m~n~m~ze the 
threat to 
loons 
and 
other bird 
species 
from 
discarded or lost lead sinkers and lures. 
Any money, goods or 
services accepted by the commissioner under this subsection may 
be used only for those purposes. 
5. 
Design of migratoO' waterfowl permit: sale of prints. 
The design of migratory waterfowl permits pursuant to section 
11157 and sale of prints must be as follows. 
A. 
The commissioner may provide for the reproduction, sale, 
licensing, 
distribution 
and 
other 
disposal 
of 
any 
art 
created in conjunction with the permit and shall establish 
by rule the procedures governing the design of the permit 
and reproduction, sale, licensing, distribution and other 
disposal of any art created in conjunction with the permit. 
B. 
The 
design of the permit 
and 
any art created in 
conjunction with it may be selected through an art contest. 
§l0202. 
Dgpartment funds 
1. 
Apprqpriation. 
The amount of funds appropriated to the 
department in each fiscal year may not be less than the dollar 
amount collected, received or recovered by the department from 
license and permit fees, fines, penalties and all other money 
received by the department, except for MY funds received from 
the Federal Government and money relating to the following; 
A. 
The 
department's 
account 
for 
the 
acguisition 
of 
waterfowl habitat set forth in section 10206, subsection 4: 
B. 
Whitewater rafting: 
C. 
The 
Maine 
Endangered 
and 
Nongame 
Wildlife 
Fund 
established in section 10253: 
D. 
The 
watercraft 
fund 
of 
the 
Department 
of 
Marine 
Resources; 
E. 
The 
Snowmobile 
Trail 
Fund 
of 
the 
Department 
of 
Conservation, Bureau of Parks and Lands; 
F. 
The ATV Recreational Management Fund of the Department 
of Conservation: and 
G. 
Boating access sites. 
2. 
Additional 
funding. 
The 
appropriation 
of 
certain 
additional funds are governed by the following. 
A. 
Appropriations to the Department-wide Inland Fisheries 
and Wildlife program in the department for costs that are 
associated with search and rescue may not be considered 
amounts 
appropriated 
to 
the 
department 
under 
the 
Constitution 
of 
Maine, 
Article 
IX, 
Section 
22. 
The 
liability of the General Fund for search and rescue costs is 
limited to the amount appropriated. 
B. 
General 
Fund appropriations to the Fiscal Stability 
Program under subsection 9 ma.y 
not be considered to be 
amounts 
appropriated 
to 
the 
department 
under 
the 
Constitution of Maine, Article IX, Section 22. 
3. 
Revenues. 
Actual revenues received in excess of that 
estimated and allocated by the Legislature ma.y not be expended 
without allocation hy the Legislature, except that excess federal 
revenues received are subject to the expenditure provisions of 
Title 5, section 1669. 
4. 
Unenc'll .... Mred 
balances. 
Any 
unencumbered 
allocated 
balances, including existing balances, must be carried forward 
into the next fiscal year 
and may not be expended without 
allocation 
by 
the 
Legislature, 
except 
as 
provided 
in this 
section. 
Unencumbered balances 
in the boating access 
sites 
account are nonlapsing and must be carried forward to be used for 
the Same purpose. 
5. 
BoD1§psina appropriations. 
General Fund appropriations 
to the department may not lapse but must be carried forward in a 
separate General Fund program to be used by the department for 
the purposes described in section 10801, 
subsection 5. 
The 
department, pursuant to the Constitution of Maine, Article IX, 
Section 22, shall seek legislatively authorized transfers from 
this program to meet the various costs associated with the 
department's other programs. 
6. 
Savings fund; offset against future fee increases. 
A 
savings fund, referred to in this subsection as the "fund," is 
established in the department. 
Appropriations to the fund are 
considered funds appropriated to the department under the meaning 
of the Constitution of Maine, Article IX, 
Section 2 2. 
Money 
appropriated to the fund does not lapse but must be carried 
forward and may be used by the department only to offset license 
fee increases if the use of that money for that purpose is 
approved by the joint standing committee of the Legislature 
having jurisdiction over inland fisheries and wildlife matters. 
7. 
Cash 
reserve. 
The 
department 
shall 
maintain 
as 
practical a cash reserve for the purpose of ensuring an adequate 
cash flow. 
8. 
Snowmobile enforcement exsenditures not to diminish. 
In 
every 
fiscal 
year, 
the 
department 
shall 
budget 
from 
appropriations to the enforcement operations program an amount 
for snowmobile enforcement activities that is not less than the 
average General Fund expenditures from that program for those 
purposes over the previous 2 fiscal years. 
Expenditures from the 
Snowmobile Enforcement Fund. established in section 10258, may 
not be included in calculating average expenditures. 
9. 
Fiscal Stability Program. 
The Fiscal Stability Program 
is established to ensure that the general public and hunters and 
anglers share the cost of the fish and wildlife conservation 
programs of the department. 
To achieve this goal. beginning with 
the 
2004-2005 biennial budget 
and for 
each biennial budget 
thereafter. the biennial budget submitted by the executive branch 
must 
include 
a 
General 
Fund 
appropriation 
of 
18% 
of 
the 
department's requested biennial budget. 
10. 
Reyiew of budget. 
The joint standing committee of the 
Legislature 
having 
jurisdiction 
over 
inland 
fisheries 
and 
wildlife matters shall review that part of the current services 
budget bill and any supplemental budget bills pertaining to the 
department in accordance with Title 5. section S22-A. 
11. 
Reyiew 
of 
license 
and 
permit 
fees.. 
fines 
and 
peDal ties. 
The 
joint standing committee of 
the Legislature 
having jurisdiction over inland fisheries and wildlife matters 
shall review license and permit fees. fines. penalties and all 
other money received by the department and shall submit a written 
report to the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs on or 
before March 1st of each year. 
12. 
Mouthly report. 
By the 15th day of each month. the 
department shall submit a report to the joint standing committee 
of the Legislature having jurisdiction over inland fisheries and 
wildlife matters. 
When 
the Legislature is in session, 
the 
department 
shall 
submit 
its 
report 
at 
a 
meeting 
of 
the 
committee. 
When 
the 
Legislature 
is 
not 
in 
session, 
the 
department shall mail the report to each member of the committee 
with 
a 
copy 
to 
the 
Executive Director of 
the 
Legislative 
Council. 
The report must identify for the immediately preceding 
month: 
A. 
Revenues of the department: 
B. 
Expenditures of the department: and 
C. 
The 
difference 
between 
the 
projected 
revenues 
and 
expenditures of the department and the actual revenues and 
expenditures. 
13. 
Egpigment. 
The 
department shall notify the 
joint 
standing committee of the Legislature having jurisdiction over 
inland fisheries and wildlife matters of any heavy equipment 
purchase prior to that purchase. including the name of the item 
and expected cost. 
This Same information must be supplied prior 
to the purchase of any vehicle. 
In addition. the department 
shall develop and implement a formal replacement schedule for the 
department's 
radio 
communication 
system. 
This 
plan must 
be 
reviewed by the joint standing committee of the Legislature 
having jurisdiction over inland fisheries and wildlife matters. 
14. 
Bond issue. 
The department shall submit to the joint 
standing committee of the Legislature having jurisdiction over 
inland fisheries and wildlife matters plans for a bond issue 
prior to submission of the bond issue to the fUll Legislature. 
§10203. 
Collection and disposition of money 
1. 
General. 
The 
following money must be paid to the 
Treasurer of State as undedicated revenue to the General Fund: 
A. 
All fees. fines. penalties, officers' costs and all 
other money received. collected or recovered Ay the court or 
the department under any prov1s1ons of this Part except 
section 10206. subsections 1 and 3: section 10259: section 
10353. subsection 3: section 11157: chapter 925. sqAchapter 
3; and chapter 929; 
B. 
Any fees. fines and penalties recovered by the court 
from any prosecution AY wardens pursuant to their acting. 
under section 10353, subsection 3, with the same powers and 
duties as sheriffs: and 
C. 
Money 
received 
from 
sale. 
lease 
or 
rental 
of 
department-owned property. 
2. 
Counties not to pay unpaid officers' fees. 
Officers' 
fees taxed against a respondent. if any. under this Part that are 
not paid by or recovered from the respondent may not be assumed 
or paid by the county where the offense was committed. 
3. 
License and permit fees. 
License and permit fees must 
be collected and expended in accordance with section 10801. 
4. 
Watercraft. 
Money relating to watercraft laws and rules 
must be collected and expended in accordance with section 10206. 
subsection 3. 
5. 
Snowmobiles. 
Money relating to snowmobile 
laws 
and 
rules must be collected and expended in accordance with section 
1893. subsection 3 and section 10206. subsection 2. 
6. 
Failure to pay fine or fee. 
A person who receives money 
for any fine. or part thereof. for a violation of this Part. or 
any fee for a license or permit issued under the authority of 
this Part. may not neglect for more than 30 days to pay the money 
over as provided this section. 
A person who violates this section COmmits a Class E crime. 
§10204. 
AQministrative costs recovered: federal and 
dedicated money 
The 
department 
is 
entitled 
to 
reimbursement 
for 
administrative costs associated with activities of the department 
performed 
in 
sypport 
of 
federal 
and 
other 
special 
revenue 
accounts from those accounts. 
§I0205. 
Funding of new progrps 
Any 
new 
program 
or 
service 
involving 
a 
mandated 
responsibility to the department must include provisions that 
specify that full funding for the new program or service is 
collected from those individuals who receive the service from the 
department. 
§10206. 
Diaposition of specific revenues 
1. 
All terrain yrbicle revenues. 
Revenues received under 
the provisions of this Part relating to ATVs. including chapter 
939. must be disbursed and used as follows. 
A. 
After administrative costs. revenues received under the 
provisions of this Part relating to ATVs. including chapter 
939. are credited as undedicated revenue to the General Fund 
except that 50% of those revenues is credited to the ATV 
Recreational 
Management 
Fund 
of 
the 
Department 
of 
Conservation. 
The 
Legislature shall appropriate to 
the 
department in each fiscal year 
an 
amount egual to the 
administrative 
costs 
incurred 
by 
the 
department 
in 
collecting 
revenue 
under 
this 
subsection. 
Those 
administrative costs must be verified by the Department of 
Conservation 
and 
the 
Department 
of 
Administrative 
and 
Financial Services. 
B. 
The department shall use 
a 
portion of the 
revenue 
dedicated to the ATV Recreational Management Fund for an ATV 
law 
enforcement 
grant-in-aid 
program 
to 
assist 
law 
enforcement agencies other than the Bureau of Warden Service. 
2. 
Sn01llllObile revenues. 
The Legislature shall appropriate 
to the department in each fiscal year an amount egual to the 
administrative costs incurred by the department in collecting 
revenue under this subsection. 
The department's administrative 
costs must be verified by the Department of Conservation and the 
Department of Administrative and Financial Services. 
A. 
The snowmobile registration fee for residents collected 
under chapter 937 is credited as follows: 
(1) 
Twenty-two percent is credited to the General Fund 
as undedicated revenue: 
(2) 
Fifty-two percent is credited to the Snowmobile 
Trail Fund of the Department of Conservation, Bureau of 
Parks and Lands; and 
(3) 
Twenty-six percent is annually distributed to the 
municipality of the owner's residence as shown on the 
owner's 
registration 
certificate, 
except 
that 
in 
unorganized territory. 26\, is annually distributed to 
the county of the owner's residence as shown on the 
owner's registration certificate and credited to the 
unorganized territory fund of that county established 
in Title 30-A. section 7502. 
B. 
The 
snowmobile 
registration 
fee 
for 
nonresidents 
collected under chapter 937 is credited as follows. 
(1) 
Eighteen percent is credited to the General Fund 
as undedicated revenue. 
(2) 
Seven 
percent is 
credited 
to 
the 
Snowmobile 
Enforcement Fund established under section 10258. 
(3) 
The remainder is credited to the Snowmobile Trail 
Fund of the Department of Conservation. Bureau of Parks 
and Lands. 
C. 
All money received under the provisions of this Part 
relating to snowmobiles. including chapter 937. other than 
snowmobile registration fees credited pursuant to paragraphs 
A and B. including dealer license fees. is credited to the 
General Fund as undedicated revenue. 
D. 
The annual fee for each snowmobile dealer number plate 
issued pursuant to section 13109 is credited as follows: 
(1) 
Thirty percent is credited to the General Fund as 
undedicated revenue: and 
(2) 
Seventy percent is credited to the Snowmobile 
Trail Fund of the Department of Conservation. Bureau of 
Parks and Lands. 
E. 
All money received under the provisions of this Part 
relating to snowmobiles, including chapter 937. other than 
that credited pursuant to paragraphs 
A to D. 
including 
snowmobile dealer license fees. is credited to the General 
Fund as undedicated revenue. 
3. 
Watercraft revenues. 
All revenues collected under the 
prov~s~ons of 
this 
Part 
relating 
to 
watercraft. 
including 
chapter 935. are disposed of as follows. 
A. 
All 
fees 
collected 
for 
certificates. 
licenses 
and 
permits by the commissioner are paid daily to the Treasurer 
of State and accrue as undedicated revenue to the General 
Fund and as dedicated revenue to the Department of Marine 
Resources in accordance with paragraph C. 
B. 
Each 
county shall 
pay all fines, 
forfeitures 
and 
penalties collected for violations of the provisions of this 
Part relating to watercraft, including chapter 935. and all 
officers' costs collected for either coastal wardens or game 
wardens to the Treasurer of State. monthly, and that money 
accrues as undedicated revenue to the General Fund. 
All 
fines, forfeitures and penalties collected as a result of 
the efforts of municipal law enforcement officers or harbor 
masters enforcing the provisions of this Part relating to 
watercraft. 
including chapter 
935. 
in 
their 
respective 
jurisdictions are paid to that municipality for the local 
enforcement 
efforts. 
The 
department 
shall 
record 
as 
dedicated revenue to the Department of Marine Resources that 
portion of fines. forfeitures and penalties allocable to the 
Department of Marine Resources in accordance with paragraph 
~ 
C. 
All revenues collected under the provisions of this Part 
relating to 
watercraft, including chapter 935, 
including 
fines, fees and other available money, must be distributed 
as 
undedicated 
revenue 
to 
the 
General 
Fund 
and 
the 
Department of Marine Resources according to an allocation 
rate that directly relates to the administrative costs of 
the Division of Licensing and Registration. 
The Legislature 
shall appropriate to the department in each fiscal year an 
amount equal to the administrative costs incurred by the 
department 
in collecting revenue 
under 
this 
subsection. 
Those costs must be verified by the Department of Marine 
Resources and the Department of Administrative and Financial 
Services. 
The allocation rate must also allow for 
any 
necessary 
year-end 
reconciliation 
and 
accounting 
distribution. 
The allocation rate must be jointly agreed to 
by the department and the Department of Marine Resources and 
approved by the Department of Administrative and Financial 
Services, Bureau of the Budget. 
4. 
Migrato[l" waterfowl revenues. 
All revenues derived from 
the sale of permits and art in conjunction with the permits under 
section 10201. subsection 5 and section 11157 must be deposited 
into a special account within the department, and that account 
must be used for acquisition of waterfowl habitat and waterfowl 
management activities. 
5. 
liewife« sucker and ye11Q1f perch permit revenues. 
All 
fees collected under section 12506 accrue to the Eel and Elver 
Management Fund established in section 6505-D, except that $42 
accrues to the General Fund for each eel pot or eel weir permit 
issued under section 12506. 
6. 
Lake and river protection sticker revenues. 
All fees 
collected by the commissioner from the sale of stickers under 
section 13058, subsection 3 must be paid daily to the Treasurer 
of State. 
Notwithstanding subsection 3, the Treasurer of State 
shall credit funds received under this subsection as follows: 
§gl~ 
A. 
Sixty percent of the revenues must be credited to the 
Invasive Aquatic Plant and Nuisance Species Fund established 
in the Department of Environmental Protection under Title 
38, section 1863: and 
B. 
Forty percent of the revenues must be credited to the 
Lake and River Protection Fund established in the department 
under section 10257. 
7. 
Re§id~nt. 1if~time 1i~IUYi~ revenue§. 
R~v~ny~ frQm 
th~ 
Qf 
lif~tim~ 
lit:~n§~§ 
ynd~r 
§~!::tiQn 
lQB51 
i§ 
g~gi!::at~g 
r~v~ny~ gng my§t 
l:!~ 
g~PQ§it~g in 
th~ 
Lifetim~ 
Li~~n§e Fynd 
established in subchapter 5. The department may establish payment 
procedures for licenses under section 10851: a license may not be 
issued until full payment is received. 
8. 
Moose hunting permit revenues. 
All revenues derived 
from the sale of moose hunting permits under section 11154, 
subsection 11, including all bidding fees, must be deposited into 
a 
special nonla,psing account within the department. 
and that 
account must be used to pay the costs of administering the 
process 
of 
issuing 
permits 
and 
to 
fund 
youth 
conservation 
education programs. 
9. 
Certain revenues: moose hunting research and management. 
Up to $25.000 may be provided from the revenues generated by 
application 
and 
permit 
fees 
to 
carry out 
the 
department's 
documented moose research. 
10. 
Pheasant hunting permit revenues. 
Revenues generated 
from the sale of pheasant hunting permits must be deposited into 
a separate account within the department, to be known as the 
Pheasant Fund and referred to in this subsection as the "fund. " 
The fund is nonla,psing. 
The fund may be used only for costs 
directly related to the administration of the pheasant program, 
including grants to a Qualified rod and gun club or gualified 
hunting-oriented 
organization 
to 
help 
defray 
the 
costs 
of 
purchasing and raising pheasants in accordance with an agreement 
with the commissioner entered into in accordance with section 
10108, subsection 9. 
SPECIAL FONDS 
§10251. Lifetime LiCense Fund: estab1isbment: management 
1. 
Fund estab1ished. 
The Lifetime License Fund, referred 
to 
in this 
section 
as 
the 
"fund." 
is 
established in 
the 
department 
to accept all 
revenue 
derived 
from 
the 
sale of 
lifetime hunting and fishing licenses under section 10851. 
The 
Treasurer of State shall administer the fund and shall invest the 
fund. subject to the limitations of this section. for growth and 
income in a 
manner consistent with the Treasurer of State's 
fiduciary 
responsibilities. 
Money 
in 
the 
fund 
may 
not 
be 
expended for any purpose except as provided in this section. 
2. 
Treasurer of State. 
The 
Treasurer of State shall 
contract with investment firms as necessary to manage the fund: 
may agree to the payment of reasonable management fees to those 
firms, using money in the fund: and may direct those firms to 
purchase 
or 
sell 
investment 
opportunities 
as 
necessary 
to 
prudently manage the fund. 
The Treasurer of State annually may 
reimburse the State for costs incurred to oversee the fund from 
earnings of the fund. 
3. 
COllllllissioner. 
The commissioner may accept donations to 
the fund but may not use any principal or earnings of the fund 
except upon the approval of the Treasurer of State and for the 
purposes set forth in this section. 
4. 
Uses of fund. 
Prior to July 1. 2010, the Treasurer of 
State continuously shall reinvest all earnings of the fund and 
may not authorize any payments from the fund or use any earnings 
of 
the 
fund, 
except 
those 
necessary 
to 
pay 
the 
costs 
of 
administering the fund. 
On July 1, 2010, and on July 1st of each 
year thereafter, the Treasurer of State shall transfer to the 
department 
an 
amount 
equal 
to 
5~ of 
the 
fund 
principal. 
Additional 
interest 
earned 
by 
the 
fund, 
if 
any, 
must 
be 
reinvested. 
All funds received from the department under section 
10851 
and 
this 
section 
are 
subject 
to 
allocation 
by 
the 
Legislature. 
5. 
Re,port. 
The Treasurer of State shall report quarterly 
to the commissioner and to the joint standing committee of the 
Legislature 
having 
jurisdiction 
over 
inland 
fisheries 
and 
wildlife matters on the status of the fund, including the sources 
and amount of revenue deposited into the fund, interest earnings 
and payments from the fund. 
§l0252. 
Fish hatchexy maintenance fund 
The fish hatchery maintenance fund, 
referred to in this 
section as the "fund," is established in the department as a 
nonlapsing fund to be used by the commissioner to fund or assist 
in 
funding 
engineering designs 
for 
the 
Embden 
Hatchery, 
a 
statewide 
assessment 
of 
all 
other 
hatchery 
facilities 
and 
maintenance, repair and capital improvements at fish hatcheries 
and feeding stations owned by the State and the per diem and 
related expenses of 4 meetings of the Commission to Study the 
Needs 
and 
Opportunities 
Associated 
with 
the 
Production 
of 
Salmonid Fish in Maine in fiscal year 2001-02 and 4 meetings of 
the commission in fiscal year 2002-03. 
The fund may not be used 
to fund personnel services costs or general operating costs of a 
fish hatChery. 
The commissioner may accept and deposit into the 
fund any monetary gifts, donations or other contributions from 
public or private sources 
and must use that money 
for 
the 
purposes specified in this section. 
§l0253. 
Maine Endangered and Nongame Wildlife Fund 
1. 
Fund established. 
The Maine Endangered and Nongame 
Wildlife Fund. referred to in this section as the "fund." is 
established. 
The fund receives money deposited by the Treasurer 
of State pursuant to section 10255 and Title 36. section 5284. 
revenues generated in accordance with this section and any money 
contributed voluntarily to the fund. 
All money deposited in the 
fund and the earnings on that money remain in the fund to be used 
for 
the 
management 
of 
nongame 
wildlife 
and 
for 
necessary 
administrative and personnel costs associated with the management 
of nongame wildlife and may not be deposited in the General Fund 
or any other fund. except as specifically provided by law. 
2. 
Report and allocation. 
The commissioner shall include a 
report on the fund as part of the report submitted to the 
Goyernor pursuant to section 10103. 
This report must also be 
submitted to the joint standing committee of the Legislature 
having jurisdiction over fisheries and wildlife matters. 
The 
commissioner 
shall 
submit 
a 
budget 
for 
each 
biennium 
in 
accordance with Title 5. 
sections 1663 
to 1666. 
The State 
Controller 
shall 
authorize 
expenditures 
from 
the 
fund 
as 
allocated by the Legislature. 
3. 
Grants. Any person. organization or agency of the State 
may apply to the department for a grant to undertake research and 
nongame wildlife management activities. 
The department may award 
grants out of the fund. 
For the purposes of this section. 
"nongame 
wildlife" 
includes 
all 
unconfined 
terrestriaL 
freshwater 
and 
saltwater 
species 
that 
are 
not 
ordinarily 
collected. captured or killed for sport or profit. 
4. 
FUDdraising. 
The 
commissioner or the commissioner's 
authorized agent may provide for the creation. 
reproduction. 
sale. licensing. distribution and other disposal of any art or 
products 
for 
the 
purpose 
of 
generating 
revenues 
for 
the 
management of the State's nongame wildlife. 
All money generated 
from the sale of these items must be deposited in the fund. 
5. 
lIE 
CARE support program. 
The Wildlife Enthusiast's 
Conservation Appreciation. 
Recreation 
and 
Enjoyment. 
or 
"WE 
CARE." 
sl.\Rport program is established to encourage voluntary 
sl.\Rport 
for 
the 
programs 
and 
services 
provided 
by 
the 
department. 
The fee for participating in this program is $19. 
All money generated pursuant to this subsection must be deposited 
in the fund. 
§l0254. 
Maine Wildlife Park Fund 
1. 
Fund 
established. 
The 
Maine 
Wildlife 
Park 
Fund. 
referred to in this section as the "fund." is established. 
The 
fund receiyes all funds collected by the department from the 
operation of the Maine Wildlife Park, including gate fees, the 
proceeds 
of 
any sales at the 
Maine Wildlife 
Park 
and 
any 
donations, grants or other funds presented to the department for 
the benefit of the Maine Wildlife Park. 
All money deposited in 
the fund and the earnings on the money remain in the fund to be 
used for the management and maintenance of the Maine Wildlife 
Park. 
Unexpended balances in the fund at the end of the fiscal 
year may not lapse but must be carried forward to the next fiscal 
year to be used for the Same purposes. 
2. 
Report. 
By February 1st of each year, the commissioner 
shall submit an annual report to the joint standing committee of 
the Legislature haying jurisdiction oyer fisheries and wildlife 
matters and the joint standing committee of the Legislature 
haying jurisdiction oyer appropriations and financial affairs. 
The report must detail the amount of money collected in the fund 
over the course of the prior year and the expense of managing and 
maintaining the Maine Wildlife Park. 
The commissioner shall make 
recommendations 
concerning how 
the fund may 
be 
increased or 
expenses reduced or both so that the Maine Wildlife Park becomes 
increasingly financially self-sustaining. 
§10255. 
Maine Environmental Trust Fund 
1. 
Fund estab1ished. 
The Maine Environmental Trust Fund. 
referred to in this section as the "fund," is established as a 
nonlapsing fund administered by the commissioner for the purposes 
of improying state parks and historic sites by supporting the 
Maine State Parks Fund established in section 1825, subsection 2 
and managing nongame wildlife by supporting the Maine Endangered 
and 
Nongame 
Wildlife 
Fund 
established 
in 
section 
10253, 
subsection I. 
Money deposited with the Treasurer of State to the 
credit of the fund may be invested as provided by law. 
Income 
from these investments must be credited to the fund. 
2. 
Fund sources. 
The fund receiyes money deposited by the 
Treasurer of State pursuant to Title 29-A, section 455 and any 
other gift, grant or other source of reyenue deposited for that 
~ 
3. 
Distribution from fund. 
Money distributed from the fund 
may be used for marketing the plates and for the production and 
marketing of goods using the environmental plate design. 
After 
the Treasurer of State has reimbursed the Secretary of State for 
costs of producing and issuing enyironmental registration plates 
in accordance with Title 29-A, section 455, 
the Treasurer of 
State shall, at the end of each quarter in the fiscal year, 
distribute the balance in the fund as follows: 
A. 
Sixty percent of the balance must be deposited in the 
Maine 
State 
Parks 
Fund 
established 
in 
section 
1825, 
subsection 2: and 
B. 
Forty percent of the balance must be deposited in the 
Maine Endangered and Nongame Wildlife Fund established in 
section 10253. 
4. 
Budget. 
The commissioner shall submit a budget for each 
biennium pursuant to Title 5. sections 1663 and 1666. 
§l0256. 
Land MaDagement Fund 
The 
Land 
Management 
Fund 
is 
established 
within 
the 
department. 
The fund is authorized to receive revenue from the 
sale 
of 
timber, 
lease 
of 
lands. 
gifts 
and 
other 
revenues 
associated with the use of department-owned land. 
The fund must 
be held separate and apart from all other money. 
funds 
and 
accounts. 
Any balance remaining in the fund at the end of any 
fiscal year must be carried forward to the next fiscal year. 
§l0257. 
Lake and River Protection Fund 
1. 
Fund established. 
The Lake and River Protection Fund, 
referred to in this section as the "fund," is established within 
the 
department 
as 
a 
nonlapsing 
fund. 
The 
fund 
must 
be 
administered by the commissioner. 
The fund is funded from fees 
collected for lake and river protection stickers issued under 
section 13058. subsection 3 and from other funds accepted for 
those purposes by the commissioner or allocated or appropriated 
by the Legislature. 
Money in the fund may be used for enforcing 
laws pertaining to invasive aquatic plants. inspecting watercraft 
for 
invasive 
aquatic 
plant 
materials. 
educational 
and 
informational 
efforts 
targeted 
at 
invasi ve 
aquatic 
plant 
prevention, 
eradication 
and 
management 
activities 
and 
the 
production and distribution of lake and river protection stickers 
required under section 13058. subsection 3. 
§l0258. 
Snowmobile Enforcement Fund 
1. 
Fund established. 
The 
Snowmobile 
Enforcement 
Fund, 
referred to in this section as the "fund," is established in the 
department's Bureau of Warden Service. 
All funds credited to the 
fund are available for use by the Game Warden Colonel of the 
Bureau of Warden Service only for the purposes established in 
this section. 
Money in the fund may be used only to supplement 
other funds appropriated to the enforcement operations program. 
Money in the fund at the end of each fiscal year does not lapse 
and must be carried forward to the next fiscal year. 
2. 
Fund uses. 
The Game Warden Colonel may use money in the 
fund only for the following purposes: 
A. 
Regular or overtime personnel services costs of the 
warden service related to enforcement of snowmobile laws; 
B. 
Safety or other education programs conducted by the 
department or authorized by the department that are related 
to the operation of snowmobiles; or 
C. 
Purposes, 
including 
the 
purchase 
of 
eguipment 
or 
machinery, 
determined 
by 
the 
Game 
Warden 
Colonel 
as 
necessary for effective snowmobile safety and enforcement 
activities. 
§102S9. 
llhite1f'ater Rafting Fund 
1. 
Fund established. 
The Whitewater Rafting Fund, referred 
to in this section as the "fund," is established to be used by 
the department. the Department of Conservation, Bureau of Parks 
and Lands and the affected counties and municipalities to fund 
activities related to river recreation with primary emphasis on 
those activities that relate to whitewater trips. 
2. 
Funding. 
All 
fees 
and 
surcharges 
collected 
under 
chapter 929 must be credited to the fund, except for license fees 
collected in accordance with sections 12907 and 12909. 
3. 
Budget. 
The expenditures from the fund are subject to 
legislative approval in the same manner as the General Fund 
budgets of the department and the Department of Conservation, 
Bureau of Parks and Lands are approved. 
The department and the 
Department of Conservation, 
Bureau of Parks 
and Lands 
shall 
report annually, 
before February 1st, to the joint standing 
committee of the Legislature having jurisdiction over inland 
fisheries and wildlife matters on its planned expenditures for 
the next fiscal year, its actual and planned expenditures for the 
current fiscal year and its final expenditures for the last 
fiscal year. 
4. 
Use of fund. 
The fund must be used according to this 
subsection. 
A. 
The money deposited in the fund must be credited as 
follows, 
(1) 
Sixty-five percent of each fee or surcharge must 
be credited to the department. 
(2) 
Twenty-five percent of each fee or surcharge must 
be credited to the Department of Conservation. Bureau 
of Parks and Lands. 
(3) 
Ten percent of each fee or surcharge must be 
credited to the county in which the river is located 
for distribution among the affected municipalities and 
for use in the affected unorganized townships. 
B. 
All money from the fund must be expended solely for 
purposes related to river recreation. with primary emphasis 
on 
those 
activities 
that 
relate 
to 
whitewater 
trips. 
including. but not limited to. administration. regulation. 
safety education. enforcement. mitigation of environmental 
and safety problems and mitigation of any adverse effect on 
competing use of the riyer. 
The fund may not be used to pay 
the cost of administering the whitewater outfitters' license 
program or the guide license program. 
C. 
Any amount of the fund that is not expended at the end 
of a fiscal year does not lapse but must be carried forward. 
D. 
The Legislature shall appropriate to the department in 
each fiscal year an amount equal to the administrative costs 
incurred by the department in collecting revenue under this 
section. 
Those costs must be verified by the Department of 
Administrative and Financial Services. 
SOBCIIAPTER 6 
MAIllE 007.D0QR HERITAGE FOND 
§10301. 
Definitions 
As used in this subchapter. unless the context otherwise 
indicates. the following terms have the following meanings. 
1. 
Acg;JlisitioD. 
"Acquisition" 
means 
fee 
ownership. 
easement. lease. right-of-way and other less-than-fee interests 
in land. 
2. 
Board. 
"Board" means the Maine Outdoor Heritage Fund 
Board. 
3. 
Coordinator of the Batural Areas Program. 
"Coordinator 
of the Natural Areas Program" means the person appointed by the 
Commissioner of Conservation to be responsible for coordinating 
the Natural Areas Program. 
4. 
Fund. 
"Fund" means the Maine Outdoor Heritage Fund. 
5. 
Matching funds. 
"Matching funds" means any combination 
of public and private funds used in conjunction with the Maine 
Outdoor 
Heritage 
Fund 
for 
the 
purpose 
of 
this 
subchapter. 
including. but not limited to. priyate contributions of cash or 
securities. money from municipal or other public agencies. money 
from a federal matching program. in-kind contributions or any 
combination thereof. 
6. 
Batural 
resources 
agencies. 
"Natural 
resources 
agencies" means state agencies. bureaus. boards. commissions or 
other instrumentalities haying jurisdiction oyer the protection 
of the State's natural resources. 
7. 
Public-private 
partnerebip. 
"Public-private 
partnership" 
means 
any partnership between 
federal 
agencies. 
state agencies or indiyiduals or 
any combination of federal 
agencies. state agencies or individuals. including corporations 
and priyate persons or organizations. where at least 1/3 of the 
funding is contributed by 
a 
nongoyernmental 
organization or 
individual. 
8. 
Wildlife. 
"Wildlife" means wild organisms. including 
vertebrate. invertebrate and plant species. 
§l0302. 
Fund establiehed 
There is established the Maine Outdoor Heritage Fund. 
The 
fund consists of revenues receiyed pursuant to Title 8. section 
and any funds receiyed as contributions from private and 
public sources. 
The fund. to be accounted within the department. 
must be held separate and apart from all other money. funds and 
accounts. 
Eligible investment earnings credited to the assets of 
the fund become part of the assets of the fund. 
Any balance 
remaining in the fund at the end of any fiscal year must be 
carried forward to the next fiscal year. 
§l02303 
PukPOee of fund 
The fund is for the sole purpose of maintaining. improying 
and 
expanding state 
and 
local natural 
resource 
conservation 
programs and associated compatible public uses in accordance with 
the strategic plan provided for by section 10308, subsection 5, 
paragraph A. 
§l0304. 
Relation to other funding 
The 
fund 
supplements 
sources 
and 
levels 
of 
funding 
appropriated 
and 
allocated 
by 
the 
Legislature 
to 
natural 
resources agencies. 
It is the intent of the Legislature that a 
grant received from the fund not be considered a substitute for 
funds previously appropriated or allocated to a natural resources 
agency. 
§10305. 
Fund availability 
The fund must be available to natural resources agencies in 
accordance with section 10307. 
Natural resources agencies may 
contract with nongovernmental organizations and individuals for 
the purpose of carrying out projects funded by the fund. 
§10306. 
Fund administration 
The Maine Outdoor Heritage Fund Board shall administer the 
fund. 
§l0307. 
E~nditures from fund: distribution 
The board shall make grants. applications for which must be 
reviewed in accordance with section 10309. to natural resources 
agencies for projects found consistent with the criteria and the 
strategic plan adopted by the board pursuant to section 10308. 
subsection 5. paragraph A. 
Except as otherwise provided in this 
subchapter. the board shall distribute annually ayailab1e grant 
money as follows: 
1. 
Fisheries 
and 
wildlife: 
hahitat 
conservation. 
Thirty-five percent of the money in the fund for fisheries and 
wildlife and habitat conservation projects: 
2. 
Public liJDds aPI' access: outdoor recreation sites and 
facilities. 
Thirty-five percent of the money in the fund for 
acquisition and management of public lands. 
parks. 
wildlife 
conservation areas and public access and outdoor recreation sites 
and facilities: 
3. 
E»!!angered and threatened species. 
Fifteen percent of 
the money in the fund for endangered and threatened species 
conservation projects; and 
4. 
Batural resources law enforcement. 
Fifteen percent of 
the money in the fund for natural resources law enforcement. 
The board is authorized to carry forward money in any of the 
percentage categories of this section into a successive year in 
the Same category in the event that this carry-oyer better serves 
the strategic plan or that no grant applications in a particular 
year adhere to the strategic plan for a particular percentage 
category. 
§10308. 
Maine Outdoor Heritage Fund Board 
The Maine Outdoor Heritage Fund Board is established within 
the department and shall carry out its duties in accordance with 
this section. 
1. 
Mftmbprs. 
The 
board 
consists 
of 
members. 
The 
commissioner, 
the 
Commissioner 
of 
Conservation 
and 
the 
Coordinator of the Natural Areas Program are permanent members 
and their designees may represent them at board meetings. 
The 
Governor shall appoint the remaining 4 citizen members subject to 
the reyiew of the joint standing committee of the Legislature 
haying 
jurisdiction 
oyer 
natural 
resources 
matters 
and 
confirmation by the Senate. 
One of these members must be a 
representative of a state sportsmen's organization. one must be a 
representatiye of a state wildlife conseryation organization and 
one must work in a field related to natural resources. 
2. 
Terms. 
The Governor shall appoint citizen members to 
staggered 4-year terms. 
Appointed citizens may not serve more 
than 2 consecutive 4-year terms. 
3. 
Chair. 
The Goyernor shall appoint a citizen member of 
the board to serye as chair. 
The chair may not serye more than 2 
consecutiye 4-year terms. 
4. 
Board meetings. ru1es and administration. 
The board 
shall conduct its meetings as follows. 
A. 
The board shall meet at least 3 times a year at the call 
of the chair. 
B. 
The 
board. 
acting 
in 
accordance 
with 
the 
Maine 
Administrative Procedure Act. may adopt any rules necessary 
for the conduct of its business. 
The board shall adopt by 
rule a schedule for submission and action on grant proposals 
submitted pursuant to subsection 5. paragrgph B. 
C. 
Appointed citizen members are entitled to compensation 
equal to legislatiye per diem and travel expenses under 
Title 5. section 12004-G, subsection 29-B while engaged in 
board actiyities. 
D. 
A quorum of the board for the transaction of business is 
members. 
E. 
Board members are governed by the conflict of interest 
provisions in Title 5. section 18. 
5. 
Board functions. 
The board has the following functions. 
A. 
The board, in accordance with the rule-making provisions 
of 
the 
Maine 
Administratiye 
Procedure 
Act 
and 
in 
consultation with natural resources agencies, shall adopt a 
strategic plan for each of the funding categories listed in 
section 10307. 
The board may cooperate with other state or 
federal agencies in deyeloping the plan or carrying out 
other functions under this subchapter. 
The strategic plan 
must identify the priority areas for funding for 
years 
using the criteria listed in section 10309. 
The board may 
amend the strategic plan. 
B. 
The 
board shall 
review 
and 
award 
annually 
funding 
requests 
for 
specific 
projects 
from 
natural 
resources 
agencies. 
The board may award grants only to proposals that 
conform to the strategic plan adopted pursuant to paragraph 
A. 
Grant 
proposals 
that 
establish 
a 
public-private 
partnership are encouraged. 
Grant proposals must include a 
stated purpose, 
a 
time line, potential outcomes. 
a budget 
and an explanation of need. 
C. 
The board shall submit an annual report to the Governor 
and the joint standing committees of the Legislature haying 
jurisdiction oyer energy matters, natural resources matters 
and inland fisheries and wildlife matters. 
In the annual 
report, the board shall detail expenditures made from the 
fund and the board's progress in implementing the strategic 
~ 
D. 
Responsibility for administration of the board lies with 
the chair. 
The board shall hire an executiye director. 
The 
executiye director may hire an additional staff person. if 
the board determines it necessary. 
The executive director 
directs the daily operation of the board. 
Staff positions 
mAY 
be 
part-time. 
The 
executiye 
director 
position is 
unclassified 
and 
the 
executive 
director 
serves 
at 
the 
pleasure of the board. 
The board shall prepare and adopt an 
annual budget to be included with the report required under 
paragraph 
C. 
The 
board 
may 
obtain 
the 
services 
of 
consultants as necessary to carry out its functions under 
this 
subchapter. 
The 
board 
may 
spend 
money 
to 
cover 
administrative costs. 
The board shall endeavor to keep the 
leyel of administratiye expenses as low as practicable and 
include, 
in its annual report, discussion of efforts to 
minimize administrative expenses. 
State natural resources 
agencies 
shall 
provide staff 
sypport 
and 
assistance 
as 
determined necessary by the board. 
510309. 
Fund distribution criteria for strategic 
plan and grants 
In developing the strategic plan provided for by section 
10308, subsection 5, paragraph A and reviewing and awarding grant 
proposals submitted pursuant to section 10308, 
subsection 5, 
paragraph a, the board shall consider whether a project involves: 
1. 
Fisheries and wildlife and habitat conservation. 
For 
the category of fisheries and wildlife and habitat conservation: 
A. 
A species or species group adversely affected due to 
lack of management or habitat loss: 
B. 
A species or species group that is adversely affected 
due to unusual vulnerability to man-made disturbances and 
requirements for a special or limited habitat type: 
c. 
Measurable benefits vital to the future welfare of a 
species or species group: and 
D. 
Available matching funds: 
2. 
Acquisition and management of public 
lands. 
parks. 
wildlife 
COnservation 
areas. 
and 
public 
access 
and 
outdoor 
recreation sites and facilities. 
For the category of acquisition 
and management of public lands, 
parks, wildlife conservation 
areas, 
and 
public 
access 
and 
outdoor 
recreation sites 
and 
facilities: 
A. 
Public recreation opportunities of statewide or regional 
significance: 
a. 
Fish or wildlife habitat of statewide or 
regional 
significance: 
c. 
Habitat of a threatened or endangered species listed 
under state or federal law: 
D. 
Rare or exemplary natural communities or ecosystems as 
determined by the State's Natural Areas Program database: 
E. 
Lands 
or 
areas 
providing 
for 
public 
recreation 
opportunities of statewide or regional significance: 
F. 
Rare or exemplary geological features: 
G. 
Areas with proximity to lands dedicated to conservation 
purposes or public recreation or with access to lands or 
waters with significant natural resources values: and 
H. 
Available matching funds: 
3. 
Conservation of endangered and threatened species and 
their habitats. 
For the category of conservation of endangered 
and threatened species and their habitats: 
A. 
A species or species group listed as endangered or 
threatened under state or federal law: 
B. 
The habitat of one or more species or groups under 
paragraph A: 
c. 
A species or species group not listed as threatened or 
endangered but. 
based on 
the best available scientific 
information. 
potentially warranting listing in the 
near 
future: 
D. 
A 
species. 
group 
of 
species. 
natural 
community or 
ecosystem that has been doc'WDented as being in decline or 
recognized as being at risk of extirpation from the State: 
E. 
Any species. 
groUp of species. 
natural community or 
ecosystem 
thought in the best professional 
judgment of 
biologists to be in decline or in danger of extirpation from 
the State but whose status is undetermined: and 
F. 
Available matching funds: and 
4. 
Batural resources law enforcement. 
For the category of 
game wardens and other conservation law enforcement: 
A. 
A species or species group adversely affected due to 
lack of management or habitat loss: 
B. 
Public 
health 
or 
safety 
concerns 
of 
statewide 
or 
regional significance; 
c. 
Environmental 
education 
for 
the 
public 
or 
law 
enforcement personnel: 
D. 
Cross-training between natural resources state agencies: 
.aM 
E. 
Available matching funds. 
The criteria in this section are not listed in order of 
priority. 
A grant applicant must indicate in the proposal the 
subsection under which the board should evaluate the proposals. 
SUBPART 3 
LAW ERFORCEIIENT Am> GENERAL OFFElfSES 
CHAPTER 905 
ERFORCEIIENT OFFICERS 
SUBCHAPTER 1 
GAME WABDERS 
§10351. Appointment of wardens 
1. 
Qualifications. The commissioner shall appoint as game 
wardens 
persons 
who 
have 
gualified 
under 
the written 
code 
prepared by the commissioner and approved by the Director of 
Human 
Resources within the 
Department of Administrative 
and 
Financial Services. 
2. 
Assistants. The commissioner may appoint. on a temporary 
basis. assistant game wardens. 
§10352. Office 
1. 
Conflicts. Wardens 
appointed under the authority of 
section 10351 may hold no other governmental office from which 
they receive compensation. except elected positions in municipal 
or county government. 
2. 
Compensation. The compensation of the wardens appointed 
pursuant to section 10351. subsection 1 is determined under the 
Civil Service Law. 
Assistant game wardens appointed pursuant to 
section 10351. subsection 2 are not entitled to compensation. 
§10353. 
Duties and powers 
1. 
Duties. In addition to other duties set out in this 
Part. a game warden shall: 
A. 
Enforce: 
(1) 
This Part: 
(2) 
All rules adopted by the commissioner: and 
(3) 
The federal Migratory Bird Treaty Act. 16 United 
State Code. Chapter 7. subchapter II. section 703 as 
amended. and all rules and regulations promulgated in 
pursuance of that Act: and 
B. 
Act as a state fire warden. 
2. 
(1) 
A warden shall, when possible, while in and about 
the woods, 
caution all sportsmen of the danger from 
fires in the woods and, if possible, extinguish a fire 
left burning by anyone. 
(2) 
A warden shall, when possible, give notice to all 
interested parties of 
a 
fire raging and beyond the 
warden's 
control 
in 
order 
that 
the 
fire 
may 
be 
controlled and extinguished. 
Powers. In addition to other powers granted in this 
Part. a game warden may: 
A. 
Arrest, 
summons 
and 
prosecute 
a 
violator 
of 
the 
following: 
(1) 
This Part: 
(2) 
Rules adopted by the commissioner; and 
(3) 
The federal Migratory Bird Treaty Act. 16 United 
States Code. Chapter 7. subchapter II. section 703 and 
all rules and regulations promulgated in pursuance of 
that Act. 
A game warden shall. without unnecessary delay. take any 
person so arrested before the District Court nearest the 
place of violation: 
B. 
Serve criminal processes on offenders of the law and 
serve all processes pertaining to the enforcement of this 
Part; 
C. 
Accept personal recognizances in accordance with the 
following procedures: 
(1) 
A game warden making an arrest for any violation 
of this Part and Title 38, chapter 3, subchapter 1. 
former article 1-A, 
at a 
point more than 
miles 
distant 
from 
the 
nearest 
District 
Court 
having 
jurisdiction, may accept the personal recognizance of 
the prisoner in an amount not to exceed $1,000 for the 
prisoner's appearance before the nearest District Court 
on a 
specified date and a 
deposit in money to the 
amount of that recognizance: and 
(2) 
The 
warden 
shall 
report 
forthwith 
all 
those 
recognizances and forward all those deposits to the 
court to which the recognizance is returnable. 
Recognizances and deposits must be handled by the court 
in accordance with sections 10202 and 10203: 
D. 
If the warden is in uniform and has reasonable and 
articulable suspicion to believe that a violation of law has 
taken place or is taking place, stop a motor vehicle or 
watercraft for the purpose of: 
(1) 
Arresting the operator for a criminal violation: 
(2) 
Issuing the appropriate written process 
for 
a 
criminal or civil violation or a traffic infraction: or 
(3) 
Questioning the operator or occupants; 
E. 
In order to protect fish and wildlife: 
(1) 
If the warden is in uniform, stop a person for the 
purpose of determining compliance with license, permit, 
equipment or other requirements or restrictions if the 
person, at the time of the stop, is: 
(a) 
Engaged in hunting, fishing or trapping; and 
(b) 
Not in or on a motor vehicle; and 
(2) 
Pursuant 
to 
policy 
established 
by 
the 
commissioner, establish checkpoints to stop any type of 
vehicle 
and 
conduct 
checks 
to 
gather 
statistics 
concerning 
hunting, 
fishing 
and 
trapping 
and 
to 
determine compliance with fish and wildlife laws: 
F. 
Stop any watercraft to inspect the craft, its equipment 
and its documents or certificates; board a watercraft when 
necessary to enforce chapter 935 or any other provision of 
this Part regarding watercraft; 
and order any watercraft 
ashore to correct a violation or to protect the safety of 
its occypants, if in the opinion of the warden their safety 
is in jeopard,y; 
G. 
Stop and examine any all-terrain vehicle to ascertain 
whether it is being operated in compliance with chapter 939 
or any other provision of this Part regylating ATVs, d,emand, 
and, inspect the operator's certificate of registration and, 
when 
appropriate, 
d,emand, 
and, 
inspect 
evid,ence 
that the 
operator has satisfactorily completed a training course as 
required by section 13152; 
H. 
Stop and eXamine any snowmobile to ascertain whether it 
is being operated in compliance with chapter 937 or any 
other provision of this Part regulating snowmobiles: demand 
and inspect the operator's certificate of registration: and 
eXamine the identification numbers of the snowmobile and any 
marks on it; and 
I. 
Do 
anything 
otherwise 
prohibited 
by 
this 
Part if 
necessary to carry out the warden's duties and powers. 
This 
paragra,ph does not a,uthorize a wa,rden to stop any person. 
motor vehicle or watercra,ft except as specifically provided 
in this section. 
3. 
Same duties and powers as sheriffs. In addition to 
specified duties and powers. a warden has the Same duties and 
powers throughout the severa,l counties of the Sta,te as sheriffs 
have 
in their 
respective counties. 
except that 
a 
warden's 
primary responsibility is enforcement of laws protecting fish a,nd 
wildlife. 
A. 
A wa,rden ha,s the same rights a,s sheriffs to require a,id 
in executing the duties of their offices. 
B. 
A warden is entitled to the Same fees as sheriffs and 
their deputies for like services. except before the District 
Court. 
All the fees must be paid to the commissioner. 
4. 
Agents of rgepissioner. 
A warden ma,y act a,s an agent of 
the commissioner. 
5. 
Assistance to federal agencies. 
The Bureau of Warden 
Service may provide assista,nce to federal agencies. 
The director 
of the Bureau of Warden Service m~ charge the various federal 
agencies 
for 
these 
services. 
Revenues 
received 
from 
these 
agencies must be alloca,ted for the purpose of funding the cost of 
providing the services. 
SUBCHAPTER 2 
O'mER ERFQRCEMEN"l OFFICERS 
§l040l. OfficialS with full powers of game wardens 
Sheriffs. 
deputy 
sheriffs. 
police 
officers. 
constables. 
marine patrol officers. 
Baxter Park rangers. 
wardens 
of the 
Penobscot Indian Nation within the Penobscot India,n Territory. as 
defined by Title 30, section 6205, subsection 2, wardens of the 
Passamaquoddy Tribe within the Passamaquoddy Indian Territory, as 
defined 
by Title 
30, 
section 
6205, 
subsection 
1, 
and 
law 
enforcement personnel employed by the United States Department of 
the Interior have the powers of game wardens. 
The commissioner shall grant the powers of game wardens 
outside 
the 
Penobscot 
Indian Territory 
to 
wardens 
of 
the 
Penobscot 
Indian 
Nation 
and 
game 
wardens 
outside 
the 
PaSSamaquoddy Indian Territory to wardens of the PaSSamaquoddy 
Tribe who have qualified under the written code prepared by the 
commissioner and approved by the Director of Human Resources 
within the Department of Administrative and Financial Services, 
as specified in section 10351. The commissioner may revoke these 
powers 
for 
good 
cause 
shown 
and shall provide 
a 
subsequent 
hearing on the revocation under Title 5, chapter 375, subchapter 
4, if requested. 
§l0402. 
Officials with certain powers and duties of 
wardens 
1. 
Watercraft laws. All harbor masters, except those harbor 
masters whose authority is restricted as described in Title 38, 
section 1, have the Same powers and duties as game wardens to 
enforce 
chapter 
and 
any other 
provision of 
this 
Part 
regulating watercraft. 
2. 
Snowmobile laws. All law enforcement personnel of the 
State, including those of the Bureau of Forestry. and supervisors 
and rangers of the Department of Conservation, Bureau of Parks 
and 'Lands and the Allagash Wilderness Waterway have the same 
powers and duties as game wardens to enforce chapter 937 and any 
other provision of this Part regulating snowmobiles. 
3. 
Airmobile laws. 
All law enforcement personnel of the 
State, including those of the Bureau of Forestry, have the same 
powers and duties as game wardens to enforce chapter 935. as it 
applies to airmobiles, 
and any other provision of this Part 
regulating airmobi1es. 
4. 
All-terrain vehicle laws. 
All law enforcement personnel 
of the State. including those of the Bureau of Forestry. have the 
powers and duties to enforce chapter 939 and any other provision 
of this Part regUlating ATVs. 
§l0403. EnforCement of watercraft laws 
Any municipal. county or state law enforcement officer or 
any harbor master appointed pursuant to section 13072 or Title 
38, section 1 has the authority to enforce, in the respective 
jurisdictions. the watercraft laws in chapter 935 and the rules 
related to those laws. 
§10404. 
Rew HamPshire officers 
Whenever a violation of the marine resources laws or the 
inland fish and wildlife laws of the State of New Hampshire or 
the State of Maine is committed or attempted to be committed by 
any person or persons fishing in any waters or portion of any 
waters lying between New Hampshire and Maine. any warden or other 
person who is authorized to make arrests for violations of the 
marine resources laws and the inland fish and wildlife laws of 
New Hampshire may make arrests on any part of the waters between 
New Hampshire and Maine or the shores of those waters and to take 
the person or persons arrested for trial to the state in which 
the violation was committed and there to prosecute that person or 
persons according to the laws of that state. 
CHAPTER 907 
ERFORCEMAT PROCEDURES 
SUBCHAPTER 1 
FISH AND WILDLIFE CITATIONS 
§1045l. 
Fish and wildlife citation form 
1. 
Form. 
The commissioner shall designate the Uniform 
Summons and Complaint as the citation form to be used by the 
warden service. 
2. 
Responsibility 
for 
issuance 
and 
disposition. 
Responsibility for issuance and disposition is as follows. 
A. 
The 
commissioner 
is 
responsible 
for 
all 
fish 
and 
wildlife citation forms approved by the Chief Judge of the 
District Court prior to May 1. 1991. 
The Department of 
Public Safety is responsible for all Uniform Summons and 
Complaints issued to the warden service. 
The commissioner 
or 
the 
COmmissioner's 
designee 
is 
responsible 
for 
the 
further issuance of Uniform Summons and Complaint books to 
individual wardens and for the proper disposition of those 
books. 
3. 
Lawful complaint. 
If the citation provided for in this 
section or a Uniform Summons and Complaint is duly sworn to as 
required by law and otherwise legally sufficient in respect to 
the form of a complaint and charging an offense. it may be filed 
in a court having jurisdiction and constitutes a lawful complaint 
for the purpose of the commencement of any criminal prosecution 
or civil violation proceeding. 
4. 
Lawful SUDmlOns. 
A citation as provided for in this 
section or a Uniform Summons and Complaint. when served upon a 
person by a law enforcement officer. acts as a summons to appear 
in court or to otherwise respond in accordance with law on or 
before the date specified in the summons. 
Any person who fails 
to appear in court as directed by the summons or to otherwise 
respond in accordance with law on or before the date specified in 
the summons commits a Class E crime. 
Upon that person's failure 
to appear or respond in accordance with law. the court may issue 
a warrant of arrest. 
It is an affirmative defense to prosecution 
under this subsection that the failure to appear or respond 
resulted from just cause. 
§l0452. 
Refusal to sign 
A person who refuses to sign a citation or Uniform Summons 
and Complaint after having been ordered to do 
so by 
a 
law 
enforcement officer commits a Class E crime. 
§l0453. 
Unlawful disposition of citations 
It is unlawful and official misconduct for a warden or other 
public employee 
to dispose of 
an official citation form 
or 
Uniform Summons and Complaint. except in accordance with law and 
as provided for in any applicable official policy or procedure of 
the Bureau of Warden Service. 
EVIDENCE 
§I050l. 
Admissibility of dgpartmeDt records and prima 
facie evidence 
1. 
Certificate: admissible evidence. 
A certificate. signed 
by the commissioner or the commissioner's designee. stating what 
the records of the department 
show on any given matter is 
admissible in evidence in all courts of this State to prove what 
the records of the department are on that matter. 
Upon the 
testimony of a law enforcement officer that the certificate and 
records were obtained by that officer from the department. the 
court shall admit that certificate and those records as evidence 
without any further foundation or testimony. 
2. 
Certificate prima facie evidence person not holder of 
license, 
permit, 
registration or certificate of 
number. 
A 
certificate, signed by the commissioner or the commissioner's 
designee, stating that the records of the department do not show 
that a particular person on a stated date held a license, permit, 
registration or certificate of number issued under this Part is 
admissible in evidence in all courts of this State and is prima 
facie 
evidence 
that 
the 
particular 
person 
named 
in 
the 
certificate did not hold a 
license, 
permit, 
registration or 
certificate of number as specified in the certificate on the date 
specified in the certificate. 
3. 
Certificate prima facie evidence of license, permit, 
registration or certificate of npPber revocation. 
A certificate, 
signed 
by 
the 
commissioner 
or 
the 
COmmissioner's 
designee, 
stating that the records of the department show that a particular 
person's license, permit, registration or certificate of number 
issued under this Part was revoked or suspended on a particular 
stated date is admissible in evidence in all courts of this State 
and is prima facie evidence that the particular person's license, 
permit, registration or certificate of number as specified in the 
certificate was revoked or suspended on the date stated. 
4. 
Use of snOWDlQbile accident reports. 
Accident reports 
made by investigating officers are for the purpose of statistical 
analysis 
and 
accident prevention 
and 
are 
not 
admissible 
in 
evidence in any trial. civil or criminal. arising out of an 
accident, but any investigating agency may disclose, upon the 
request of 
any person, 
the date, 
time and location of the 
accident and the names and addresses of drivers, owners, injured 
persons. 
witnesses 
and 
the 
investigating 
officer. 
The 
investigating agency may upon written request furnish a photocopy 
of any report at the expense of the person making the request. 
5. 
Certificate of nlmWgr for motorboat. 
If the operator of 
a 
motorboat 
requ1r1ng 
a 
certificate of number 
under section 
13056, subsection 2 fails to produce a current certificate of 
number 
for 
the motorboat that person is operating within 
a 
reasonable 
time 
after 
demand 
of 
a 
law 
enforcement 
officer 
authorized to enforce the law, it is prima facie evidence that 
the motorboat is being operated without a current certificate of 
number. 
6. 
Failure to produce license. 
A person's failure to 
produce a license within a reasonable time when requested by any 
authorized person is prima facie evidence that the person does 
not possess that license. 
7. 
Possession of hunting equipment without license. 
The 
possession of any hunting equipment in the fields, forests or on 
the waters or ice within the territorial limits of the State by 
any person who does not possess the reguired hunting license duly 
issued to that person, coyering the period of time within which 
the hunting eguipment is found in that person's possession, is 
prima facie evidence of hunting in violation of law, unless the 
person furnishes satisfactory evidence of the issuance of 
a 
hunting license. 
8. 
Possession of fishing tackle without license. 
The 
possession of any fishing tackle in the fields, forests or on the 
waters or ice within the territorial limits of the State by any 
person who does not possess the reguired fishing license duly 
issued to that person, coyering the period of time within which 
the fishing tackle is found in that person's possession, is prima 
facie eyidence of fishing in yiolation of law, unless the person 
furnishes satisfactory evidence of the issuance of a 
fishing 
license. 
9. 
Possession of hunting equipment on Sunday. 
Possession 
of hunting eguipment in the fields or forests or on the waters or 
ice in the State or in a motor vehicle being operated on an 
unpayed highway or road located in an unorganized township on 
Sunday is prima facie evidence of a yiolation of section 11205, 
unless: 
A. The hunting eguipment is carried, securely wrapped, in a 
complete cover: 
B. 
The hunting eguipment is fastened in a case; or 
C. 
The hunting eguipment is carried in at least 2 separate 
pieces in such a manner that it can not be fired, unless the 
separate pieces are joined together. 
For the purpose of 
this subsection. a clip. magazine or cylinder of a firearm 
may not be considered a piece of the hunting eguipment. 
Bows 
and 
arrows 
must 
be 
kept in a 
case or 
coyer if 
broadbeads or field points are kept attached to the arrows. 
10. 
Possession of firearm on public paved ~. Possession 
of a lOaded firearm on a public payed waY or within 10 feet of 
the edge of the Payement of a public paved way or within the 
right-of-way 
of 
any 
controlled 
access 
highway, 
except 
as 
otherwise provided in section 11208, subsection 1, is prima facie 
evidence of hunting. 
11. 
Failure to give notice of snOKmQbile accident. 
Failure 
of a person who is reguired to give notice of a 
snowmobile 
accident under section l3106, subsection 22 to give that notice 
to the available law enforcement officer nearest to the place 
where the accident occurred is prima facie evidence that the 
accident was not reported. 
§lOS02. Seizure of fish. wildlife and egyipment 
1. 
Seizure: filing libel. 
All fish or wildlife hunted, 
trapped. fished. bought, sold. carried. transported or found in 
possession of any person in violation of this Part. and all 
equipment. including firearms. possessed or used in yiolation of 
this Part are contraband and subject to seizure by any officer 
authorized to enforce this Part. 
Except for property exempted 
from libel under subsection 2. an officer making such a seizure 
shall file, within a reasonable time, with the court a libel 
against that property. 
The libel must describe the property 
seized and the date and place of that seizure. cite the proyision 
of law that is alleged to haye been yiolated and request a decree 
of forfeiture. 
The libel proceedings and disposal of property 
are governed by section 10503. 
2. 
Exemption 
from 
libel 
proceedings. 
The 
following 
property ma.y be lawfully seized under this section but is not 
subject to the libel requirements of this section: 
A. 
Unless reasonable doubt exists as to ownership. property 
haying a value less than $10; 
B. 
Any firearm seized in connection with a violation of: 
(1) 
Section 11206; 
(2) 
Section 10902. subsection 6: or 
(3) 
Section 10752. 
subsection 6. 
paragraph Band 
section 10902. subsection 4. paragraphs A and B: 
c. 
Any fishing equipment that is contraband under this 
section and is seized in connection with a violation of 
section 10902. subsection 8; and 
D. 
Any fish or wildlife that is contraband under this 
section and is seized in connection with any yiolation of 
this Part. 
Property seized by the commissioner that is exempt from libel 
under 
this 
subsection must 
be 
retained by 
the 
commissioner 
pending disposition of criminal proceedings and is forfeited to 
the State upon conviction. 
Property forfeited to the State under this section may be 
disposed 
of 
by 
the 
commissioner 
in 
any 
manner 
considered 
appropriate by the commissioner. 
§10503. 
Forfeiture of seized fish, wildlife and egpisment 
Whenever a libel has been filed pursuant to section 10502: 
1. 
Rotice and hearing of libel. The judge shall fix a time 
for the hearing of the libel and issue a notice of the libel to 
all persons interested, citing them to appear at the time and 
place 
appointed 
and 
show 
cause 
why 
the 
fish, 
wildlife 
or 
equipment possessed should not be declared forfeited. 
A true and 
attested copy of the libel and notice must be posted in 2 
conspicuous places in the town or place where the fish, wildlife 
or equipment possessed was seized, or in such place or places as 
is ordered by the court, at least 10 days before the dgy on which 
the libel is returnable. Copies must be served on common carriers: 
2. 
Disposal and sale of fish or wildlife. If the court 
finds that the fish or wildlife seized will be unsuitable for 
food or other use on the day on which the libel is returnable, 
the court shall order the officer making the seizure to dispose 
of the seized fish or wildlife. The officer disposing of the 
seized fish or wildlife shall, in case of sale, hold the proceeds 
of the sale subject to order of the court for decision as to the 
right of the claimant, if any appear, to the fish or wildlife. If 
the court finds the claimant, if any appear, is not entitled to 
the fish or wildlife, the officer making the seizure shall turn 
oyer to the court the proceeds of the sale, and the court shall 
forward the proceeds to the commissioner in the Same manner as is 
provided by section 10203: 
3. 
Declaration of forfeiture. If no claimant appears, the 
court shall, on proof of notice, declare the articles forfeited 
to the State: 
4. 
Claim procedures. If a person appears and claims the 
articles, or any part of the articles, as having a right to the 
possession of them at the time when they were seized, that 
claimant shall file with the court a claim in writing stating 
specifically: 
A. 
The right so claimed: 
B. 
The foundation of the claim: 
C. 
The item so claimed: 
D. 
The time gng pla~e of the §eizyre: 
E. 
The name of the officer by whom the articles were seized: 
F. 
That the articles were not possessed in violation of 
this Part with the person's 
knowledge or consent: and 
G. 
That person's business and place of residence. 
If a person makes a claim in accordance with this subsection, 
that claimant must be admitted as a party to the process, and the 
court shall proceed to determine the truth of the allegations in 
the claim and libel and may hear any pertinent evidence offered 
by the libelant or claimant: 
5. 
Return of articles or proceeds to claimant. If the court 
is, 
upon 
the hearing, 
satisfied that the fish, 
wildlife or 
equipment possessed was not possessed in violation of this Part 
and that the claimant is entitled to the custocUr of any part of 
the articles, the court shall give the claimant an order in 
writing. directed to the officer having the articles in custody, 
commanding delivery to the claimant of the articles or proceeds 
derived from the sale of the articles, to which the claimant is 
found to be entitled, within 48 hours after demand: 
6. 
Juclglllent 
against clajmant. 
If the 
court 
finds 
the 
claimant entitled to no part of the articles seized, the court 
shall render judgment against that claimant for the libelant for 
costs, to be taxed as in civil cases before the court, and issue 
execution thereon, 
and declare the articles forfeited to the 
State: 
7. 
Appeal. The claimant may appeal and shall recognize with 
sureties as on appeals in civil causes from a judge: 
8. 
Costs. 
The costs are: 
A. 
For the libel. 50¢: 
B. 
For entering the libel, 30¢; 
C. 
For trying the libel. $1: 
D. 
FQr a 
nQtis;;~. ~O¢. 
E. 
FQr PQsting nQtices and return. $1. 
F. 
FQr an order tQ restQre Qr deliver. 25¢. 
G. 
FQr executing the order. 50¢. and 
H. 
Per mile for all necessary travel: lOt and 
9. 
Forms. 
The department shall provide forms for all cases 
arising under the this section. 
§IOS04. Officer's report 
In all cases. the officer making any seizure or sale of fish 
or wildlife shall. within 10 days after the seizure or sale. 
report all particulars of the seizure or sale and an itemized 
statement of the proceeds. expenses and fees and the disposition 
of the proceeds to the commissioner. 
SUBCHAPTER 3 
JUDICIAL ACTIQRS 
§IOSSI. 
Prosecution by district attorney 
Each district attorney shall prosecute all violations of 
this Part occurring within the district attorney's district when 
requested by the commissioner or a 
game warden or other law 
enforcement officer authorized to enforce these chapters. 
§IOSS2. 
Compul.sou testimony and witness jppppi ty 
In any prosecution under this Part. any participant in a 
violation of this Part. when requested by the district attorney. 
commissioner or other officer instituting the prosecution. may be 
compelled to testify as 
a 
witness against any other person 
charged with violating those chapters. but the evidence given may 
not be used against the person testifying in any prosecution for 
such a violation. 
§IOSS3. Jurisdiction 
The District Court has concurrent jurisdiction with the 
Superior Court in all criminal prosecutions under this Part. 
§IOSS4. COurt procedure 
The 
prov~s~ons of Titles 
and 
relating to court 
procedure apply in all prosecutions under this Part. 
§IOSSS. 
Failure to appear 
If a person from whom a game warden has accepted personal 
recognizance and a deposit in accordance with section 10353. 
subsection 2. paragraph C fails to appear in court on the day 
specified in the summons. either in person or by counseL the 
court shall order the recognizance and deposit forfeited, and the 
clerk shall immediately notify the commissioner. The default and 
forfeiture is considered a conviction for purposes of revocation 
of licenses. 
§l0556. 
Clerks to notify commissioner 
The clerks of the District Court and the clerks of the 
Superior Court shall notify the commissioner of the conviction of 
a person of a violation of this Part, the sentence of the court 
and any appeal taken from the sentence. 
GENERAL PEBALTIES AIm SERTElICIBG 
§l060l. 
General penalty statement 
A person who violates a provision of this Part commits a 
Class E crime, except as otherwise provided in this Part. 
§l0602. Ru1e violations: general 
Except as otherwise provided, 
a person who violates any 
prov1s1on of any rule of the commissioner adopted in accordance 
with this Part commits a Class E crime. 
§l0603. 
Crime of mu1tiple civil violations 
The violation of a prohibited act under this Part by a 
person who has 3 or more adjudications of having committed civil 
violations under this Part within the previous 5-year period is a 
Class E crime. 
§l0604. 
Conyiction record of habitual violator 
A certificate, 
signed by 
the 
commissioner 
or 
a 
person 
designated by the commissioner, 
setting forth the conviction 
record as maintained by the department of any person whose record 
brings that person within the definition of an habitual violator, 
as defined in section 10605, 
subsection 1, is admissible in 
evidence in all courts of the State for purposes of sentencing. 
That certificate is prima facie evidence that the person named in 
the certificate was duly convicted by the court in which that 
conviction 
was 
made 
of 
each 
offense 
set 
forth 
in 
the 
certificate. 
If the person named in the certificate denies any 
of the facts stated in the certificate, that person has the 
burden of proof. 
§l.0605. 
Sentencing alternative; habitual viol.ator 
l.. 
Habitual 
violator 
defined. 
For 
purposes 
of 
this 
section, 
"habitual violator" means 
a 
person whose 
record, 
as 
maintained by the department, shows that: 
A. 
The person has been convicted of 3 or more prohibited 
acts under this Part within the previous 5-year period, 
except that, 
whenever 
more 
than 
one 
prohibited act is 
violated at the same time, multiple convictions are deemed 
to be one offense: or 
B. 
The person has been convicted of 2 or more Class E 
crimes pursuant to section 10603 within the previous 5-year 
period. 
2. 
Sentencing alternative for babitual violators. 
When an 
habitual violator is convicted of a crime in this Part the court 
shall impose a sentencing alternative involving not less than 3 
days imprisonment, none of which may be suspended, and a fine of 
not less than $500, none of which may be suspended. 
§l.0606. 
License or penmit viol.ation 
A person may not violate any restriction of a license or 
permit issued in accordance with this Part. 
Unless otherwise 
provided in this Part, each d8.l" a person violates a restriction 
of a license or permit issued in accordance with this Part, that 
person commits a Class E crime. 
§l.0607. 
Rul.e yiol.ations ; o.peration of motor vehicles on public 
vater sugpl.y 
Notwithstanding section 10602, a person who violates a rule 
regulating the 
operation of motor 
vehicles 
on public water 
supplies commits a civil violation for which a forfeiture of not 
less than $100 nor more than $500 may be adjudged. 
CHAPTER 909 
GENERAL OFFENSES 
§l.065l.. 
Failure to sto.p for law enforcement officer 
1. 
Probjhition. 
A person may not: 
A. 
Failor refuse 
to 
stop 
a 
motor 
vehicle or other 
conveyance immediately upon request or signal of any officer 
in uniform whose duty it is to enforce this Part; 
B. 
Fail to stop or move that person's watercraft upon being 
ordered or directed to do so by any law enforcement officer 
in uniform whose duty it is to enforce chapter 935: 
C. 
Fail or refuse to stop any snowmobile on request or 
signal of any law enforcement officer in uniform whose duty 
it is to enforce chapter 937: or 
D. 
Failor refuse to stop any all-terrain vehicle on 
request or signal of any law enforcement officer in uniform 
whose duty it is to enforce chapter 939. 
2. Penalty. 
A person who violates this section commits a 
Class E crime. 
§10652. 
Abuse of apother person's prqperty while fishing. 
hunting or trcmping 
1. 
Probibitions. 
Prohibitions on the abuse of another 
person's 
property while fishing. 
hunting or trapping are as 
follows. 
A. 
A person may not. while fiShing. hunting or trapping any 
wild animal or wild bird: 
(1) 
Tear down or destroy any fence or wall on another 
person's land; 
(2) 
Leaye open any gate or bars on another person's 
land: or 
(3) 
Trample or destroy any crop on another person's 
~ 
A person. who while fishing. violates this paragraph commits 
a Class E crime. 
The court shall also impose a fine of $20 
for each fish unlawfully possessed. none of which may be 
suspended. 
B. 
A person may not. while hunting any wild animal or wild 
bird: 
( 1) Damage or destroy a tree on another person' s land 
by inserting into that tree any metallic or ceramic 
object to be used as. or as part of. 
a 
ladder or 
observation stand. unless the person has the permission 
of the landowner: or 
(2) 
Except as provided in this paragraph, erect or use 
either a portable or permanent tree ladder or stand 
attached to a 
tree on the land of another person, 
unless: 
(a) 
That person has obtained verbal or written 
authorization to erect and use a tree ladder or 
stand 
from 
the 
landowner 
or 
the 
landowner' s 
representative: and 
(b) 
The tree ladder or stand is plainly labeled 
with a 2-inch by 4-inch tag identifying the name 
and address of the person or persons authorized by 
the landowner to use the tree stand or ladder. 
This subparagraph does not apply to a portable tree 
ladder or stand that is located on land within the 
jurisdiction 
of 
the 
Maine 
Land 
Use 
Regulation 
Commission and attended by the person who 
owns the 
ladder or stand. 
A person may not possess any wild animal or wild bird taken by 
hunting or trapping in violation of this subsection, except as 
otherwise provided in this Part. 
§l0653. 
NonfeaSance 
A person may not fail to perform any act, duty or obligation 
enjoined upon that person by this Part. 
A person who violates this section commits a Class E crime. 
§l0654. 
Harassment of hunters« trappers and anglers 
1. 
Interference 
with 
taking. 
A 
person 
may 
not 
intentionally or knowingly: 
A. 
Interfere with the lawful hunting, fishing or trapping 
of a wild animal, wild bird or fish: or 
B. 
Disturb or attempt to disturb a wild animal. wild bird 
or fish with the intent to interfere with the hunting, 
fishing or trapping of them. 
2. 
Penalty. 
A person who violates subsection I commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
3. 
Injunctions. 
The District Court or Superior Court may 
enjoin conduct that would be in violation of this section upon 
petition by a person affected or who reasonably may be affected 
by the conduct, upon a showing that the conduct is threatened or 
that it has occurred on particular premises in the past and that 
it is not unreasonable to expect that under similar circumstances 
it will be repeated. 
4. 
Prqperty rights otherwise provided by law. 
This section 
may not be construed in any way to limit the ownership use, 
access or control of property rights otherwise provided by law. 
§10655. 
Failure to notify 
Except as otherwise provided through written agreement. 
a 
person may not, if that person has knowledge that a person is 
lost, stranded or drowned in the woodlands or inland waters of 
the State, fail to give notice of the lost. stranded or drowned 
person by guickest means to the Bureau of Warden Service. 
A person who violates this section commits a Class E crime. 
§l0656. 
Defacement of notices 
1. 
PrOhjbition on defacement of notices. 
A person may not 
intentionally or knowingly mutilate, deface or destroy any notice 
or rule of the COmmissioner posted in conformity with this Part. 
2. 
Penalties. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
CHAPTER 911 
HDBTIBG AND OPERATIBG UNDER TIlE IBFLJJEBCE 
§l0701. 
Bunting under the influence; QJ?erating watercraft, 
snowmobile or ATV under the influence 
1. 
Prohjbition. 
A person may not hunt wild animals or wild 
birds or operate or attempt to operate a watercraft. snowmobile 
or ATV: 
A. 
While under the influence of intoxicating liguor or 
drugs or a combination of liguor and drugs: 
B. 
For a person 21 years of age or older, while having 
0.08~ or more by weight of alcohol in that person's blood: or 
C. 
For a person less than 21 years of age, while having any 
amount of alcohol in the blood. 
2. 
Possession of hunting egyipment while intoxicated. 
The 
possession of hunting equipment in the fields or forests or on 
the waters or ice in the State by a person while under the 
influence of intoxicating liquor or drugs is prima facie evidence 
that the possessor is in violation of subsection 1. 
3. 
Penalties. 
A person who violates this section commits a 
Class D crime. 
In determining an appropriate sentence. refusal 
to submit to a chemical test must in every case be an aggravating 
factor. 
In the following cases the following minimum penalties 
apply. 
A. 
In the case of a person having no previous convictions 
of a violation of subsection 1 within the previous 6-year 
period. the fine may not be less than $400. 
If that person 
was 
adjudicated within 
the 
previous 
6-year 
period 
for 
failure to comply with the duty to submit to and complete a 
blood-alcohol test under section 10702. subsection 1. the 
fine may not be less than $500. 
A conviction under this 
paragraph must include a period of incarceration of not less 
than 48 hours. none of which may be suspended. when the 
person: 
(1) 
Was tested as having a blood-alcohol level of 
0.15" or more; 
(2) 
Failed or refused to stop ypon reguest or signal 
of an officer in uniform, pursuant to section 6953 or 
10651. 
during 
the 
operation 
that 
resulted 
in 
prosecution for operating under the influence or with a 
blood-alcohol level of 0.08" or more; or 
(3) 
Failed to submit to a chemical test to determine 
that 
person's 
blood-alcohol 
level 
or 
drug 
concentration. reguested by a law enforcement officer 
on the occasion that resulted in the conviction. 
B. 
In the case of a person having one previous conviction 
of a violation of subsection 1 within the previous 6-year 
period. the fine may not be less than $600. 
If that person 
was 
adjudicated within 
the 
previous 
6-year 
period 
for 
failure to comply with the duty to submit to and complete a 
blood-alcohol 
or 
drug 
concentration test 
under 
section 
10702. subsection I. the fine may not be less than $800. 
A 
conviction under this paragraph must include a period of 
incarceration of not less than 7 days. none of which may be 
suspended. 
C. 
In the case of a 
person having 2 or more previous 
convictions 
of 
violations 
of 
subsection 
within 
the 
previous 
6-year period, 
the fine 
may 
not be 
less 
than 
$1,000. 
If that person was adjudicated within the previous 
6-year period for failure to comply with the duty to submit 
to and complete a blood-alcohol or drug concentration test 
under section 10702, subsection 1, the fine may not be less 
than $1,300. 
A conviction under this paragraph must include 
a period of incarceration of not less than 30 days, none of 
which may be suspended. 
D. 
In addition to the penalties provided under paragraphs A 
to C, the court may order. the defendant to participate in 
the 
alcohol 
and 
other 
drug 
education, 
evaluation 
and 
treatment programs for multiple offenders administered by 
the Department of Behavioral and Developmental Services, 
Office of Substance 
Abuse, 
as 
established in Title 
5, 
chapter 521. 
E. 
The penalties provided under paragraphs B, C and D may 
not be suspended by the court. 
F. 
If the State pleads and proves that. while hunting or 
operating a snowmobile, all-terrain vehicle or watercraft in 
violation of this section, 
the defendant in fact caused 
serious bodily injury as defined in Title 17-A, section 2, 
subsection 23, to another person or in fact caused the death 
of another person, the sentencing class for the offenses in 
subsection 
is Class 
C crimes. 
The 
m1n1mum penalties 
specified in this subsection apply, unless a longer minimum 
period otherwise applies. 
Any alternatives defined in subsection 1 may be pleaded in the 
alternative. 
The State may, but is not required to, elect an 
alternative prior to submission to the fact finder. 
For purposes of this subsection. a prior conviction has occurred 
within the 6-year period if the date of docket entry by the clerk 
of a judgment of conviction or adjudication is 6 years or less 
from the date of the new conduct that is penalized or for which 
the penalty is or may be enhanced. 
In determining the appropriate sentence. the court shall consider 
the defendant's record of convictions for hunting under 
the 
influence or operating 
a 
snowmobile. 
all-terrain vehicle 
or 
watercraft while under the influence of intoxicating liquor or 
drugs and for failure to comply with the duty to submit. 
The 
court 
may 
rely 
upon 
oral 
representations 
based 
on 
records 
maintained by the courts. by the Department of Public Safety. 
State 
BureaU of Identification: 
by 
the Secretary of State. 
including 
telecommunications 
of 
records 
maintained 
by 
the 
Secretary of State: or by the department. 
If the defendant 
disputes 
the 
accuracy 
of 
any 
representation 
concerning 
a 
conviction or adjudication, the court shall grant a continuance 
for the purposes of determining the accuracy of the record. 
References in this Title to this subsection are deemed to refer 
to 
the 
juvenile 
crime 
stated 
in Title 
15. 
section 
3103, 
subsection 1, paragraph E and to the disposition. including a 
suspension. for that juvenile crime as provided in Title 15, 
section 3314. subsection 3. except as otherwise provided or when 
the context clearly requires otherwise. 
§10702. 
Chemical tests 
1. 
Duty to submit. 
The following persons have a duty to 
submit to chemical testing. 
A. 
A 
person 
who 
operates 
or 
attempts 
to 
operate 
a 
watercraft within this State has the duty to submit to a 
test to 
determine that person's blood-alcohol 
level 
by 
analysis of blood or breath if there is probable cause to 
believe that person has operated or attempted to operate a 
watercraft 
while 
under 
the 
influence 
of 
intoxicating 
liquor. 
The duty to submit to a blood-alcohol test includes 
the duty to complete either a blood or breath test. 
Tests 
and procedures applicable in determining whether a person is 
under the influence are governed by section 10703. 
B. 
A person who 
hunts wild animals 
or wild birds or 
operates or attempts to operate a snowmobile or ATV within 
this State has a duty to submit to a test to determine that 
person's 
blood-alcohol 
level 
or 
drug 
concentration 
by 
analysis of blood, breath or urine if there is probable 
cause to believe that the person is hunting wild animals or 
wild 
birds 
or 
operating 
or 
attempting 
to 
operate 
a 
snowmobile or ATV while under the influence of intoxicating 
liquor or drugs. 
The duty to submit to a blood-alcohol or 
drug concentration test includes the duty to complete either 
a blood. breath or urine test. or any combination of those 
tests. 
Tests 
and procedures 
for 
determining whether 
a 
person is under the influence of intoxicating liquor or 
drugs are governed by section 10703. 
2. 
Failure to cOIQPly with duty to submit. This subsection 
applies to a person refusing to submit to chemical testing. 
A. 
A person may not refuse to submit to or fail to complete 
a 
blood-alcohol test when requested to do 
so by a 
law 
enforcement officer: 
(1) 
Who has probable cause to believe that the person 
operated or attempted to operate a watercraft while 
under the influence of intoxicating liguor: or 
(2) 
When the person was the operator of a watercraft 
involved in a watercraft accident that results in the 
death of any person. 
as provided in section 10703. 
subsection 11. 
B. 
A person may not refuse to submit to or fail to complete 
a blood-alcohol or drug concentration test. or both. when 
reguested to do so by a 
law enforcement officer who has 
probable cause to believe that the person hunted while under 
the influence or operated or attempted to operate an ATV or 
a 
snowmobile 
while 
under 
the 
influence of 
intoxicating 
liguor or drugs. 
3. 
Penal.ties. 
A person who violates this section commits a 
civil violation for which a forfeiture of up to $500 may be 
adjudged. 
§l.0703. 
Administering chemical tests; test results; evidence; 
re.porting; imnnJDj tl" 
1.. 
Bl.ood or breath test. 
If the law enforcement officer 
has probable cause to believe a person hunted wild animals or 
wild birds or operated or attempted to operate a watercraft. 
snowmobile or 
ATY 
while under the influence of intoxicating 
liguor. then the officer shall inform the person that a breath 
test will be administered. unless. in the determination of the 
officer. it is unreasonable for a breath test to be administered. 
in which case a blood test must be administered. 
When a blood 
test is reguired. the test may be administered by a physician of 
the accused's choice. at the reguest of the accused and if 
reasonably available. 
The law enforcement officer may determine 
which type of breath test. as described in subsection 5. will be 
administered. 
2. 
Prerequisites to tests. 
Before any test is given. the 
law enforcement officer shall inform the person to be tested of 
the conseguences of refusing to comply with the test. 
If the 
person fails to comply with the duty to submit to and complete 
the 
reguested 
chemical 
tests 
at 
the 
direction of 
the 
law 
enforcement officer. that person is committing a civil violation 
for which the person may be reguired to pay a civil forfeiture of 
up to $500. 
The officer shall also inform the person that the 
failure to comply with the duty to submit to a chemical test is 
admissible in evidence against that person at any trial for 
hunting or operating under the influence of intoxicating liguor 
or drugs or a combination of liguor and drugs. 
Test results may not be excluded as evidence in any proceeding 
before any administrative officer or court of this State as a 
result of the failure of the law enforcement officer to comply 
with these prereguisites. 
The only effects of the failure of the 
officer to comply with the prereguisites are as provided in 
subsection 7. 
3. 
Results of test. 
Upon the reguest of the person who 
submits to a chemical test or tests at the reguest of a 
law 
enforcement officer, full information concerning the test or 
tests must be made available to that person or that person's 
attorney by the law enforcement officer. 
4. 
Blood-alcohol 
level. 
The 
following 
percentages 
by 
weight of alcohol in the defendant's blood have the following 
evidentiary effect. 
A. 
If there was, at the time alleged, 0.05'\ or less by 
weight of alcohol in the blood of a defendant who was 21 
years of age or older at the time of arrest. it is prima 
facie 
evidence 
that 
the 
defendant 
was 
not 
under 
the 
influence of intoxicating liguor. 
B. 
If there was, at the time alleged, in excess of 0.05'\ 
but less than 0.08'\ by weight of alcohol in the blood of a 
defendant who was 21 years of age or older at the time of 
the arrest. it is relevant evidence, but it is not to be 
given prima facie effect in indicating whether or not the 
defendant was under the influence of intoxicating liguor 
within the meaning of this section, but that fact may be 
considered with other 
competent 
evidence 
in determining 
whether or not the defendant was under the influence of 
intoxicating liguor. 
c. 
For purposes of evidence in proceedings other than those 
arising under section 10701. subsection 1. it is presumed 
that a person was under the influence of intoxicating liguor 
when that person has: 
(1) 
For 
a 
person 
years 
of 
age 
or 
older, 
a 
blood-alcohol level of 0.08'\ or more by weight: and 
(2) For a person less than 21 years of age, any amount 
of alcohol in the blood. 
D. 
Percent Py weight of alcohol in the plood is based upon 
grams of alcohol per 100 milliliters of plood. 
5. 
Administration of tests. 
Persons conducting analyses of 
blood, 
breath or urine 
for 
the purpose 
of determining the 
blood-alcohol level or drug concentration must be certified for 
each 
purpose 
by 
the 
Department 
of 
Human 
Services 
under 
certification standards set by that department. 
A. 
Only a duly licensed physician, registered physician's 
assistant, registered nurse or a person certified by the 
Department of Human Services under certification standards 
set b.y that department, acting at the reguest of a 
law 
enforcement 
officer, 
may 
draw 
a 
specimen 
of 
blood 
to 
determine the blood-alcohol level or drug concentration of a 
person who 
is complying with the 
duty to submit to 
a 
chemical test. 
This limitation does not apply to the taking 
of breath or urine 
specimens. 
When 
a 
person 
draws 
a 
specimen of blood at the request of 
a 
law enforcement 
officer, that person may issue a certificate that states 
that the person is in fact a duly licensed or certified 
person as required by this subsection and that the person 
followed the proper procedure for drawing a 
specimen of 
blood 
to 
determine 
the 
blood-alcohol 
level 
or 
drug 
concentration. 
That certificate, when duly signed and sworn 
to by the person, is admissible as evidence in any court of 
the State. 
It is prima facie evidence that the person was 
duly licensed or certified ang that the person followed the 
proper 
procedure 
for 
grawing 
a 
specimen 
of 
blood 
for 
chemical testing, unless, with 10 days' written notice to 
the prosecution, 
the defendant reguests that the person 
testify as to licensure or certification, or the procedure 
for grawing the specimen of blood. 
B. 
A law enforcement officer may take a sample specimen of 
the breath or urine of any person whom the officer has 
probable cause to believe hunteg wilg animals or wilg birds 
or operated or attempted to operate a watercraft, snowmobile 
or ATV while under the influence of intoxicating liquor or 
drugs and who is complying with the duty to submit to and 
complete 
a 
chemical test. 
The 
sample 
specimen must be 
submitted to the Department of Human Services or a person 
certified by the 
Department of 
Human 
Services 
for 
the 
purpose of conducting chemical tests of the sample specimen 
to getermine the blood-alcohol level or drug concentration 
of that sample. 
c. 
Only equipment approved by the Department of Human 
Services may be used by a law enforcement officer to take a 
sample 
specimen of the defendant's breath or urine for 
submission to the Department of Human Services or a person 
certifieg by the 
Department of 
Human 
Services 
for 
the 
purpose 
of 
conducting tests of the 
sample 
specimen to 
determine the blood-alcohol level or drug concentration of 
that 
sample. 
Approved 
equipment 
must 
have 
a 
stamp 
of 
approval 
affixed 
by 
the 
Department 
of 
Human 
Services. 
Evidence that the equipment was in a sealed carton bear ing 
the stamp of approval must be accepted in court as prima 
facie 
evidence 
that the 
equipment 
was 
approved 
by 
the 
Department of Human Services for use by the law enforcement 
officer to take the 
sample 
specimen of the defendant's 
breath or urine. 
D. 
As 
an alternative to 
the method of breath testing 
described in this subsection. a law enforcement officer may 
test the breath of any person whom the officer has probable 
cause to believe hunted wild birds or wild animals or 
operated or attempted to operate a watercraft. snowmobile or 
ATV while under the influence of intoxicating liquor. by use 
of 
a 
self-contained. breath-alcohol testing apparatus to 
determine 
the blood-alcohol 
level. 
provided the testing 
apparatus is reasonably available. 
The procedures for the 
operation 
and 
testing 
of 
self-contained. 
breath-alcohol 
testing ~paratuses must be as provided by rule adopted by 
the Department of Human Services. 
The result of any such 
test must 
be 
accepted 
as 
prima facie 
evidence 
of 
the 
blood-alcohol level in any court. 
E. 
Approved 
self-contained. 
breath-alcohol 
testing 
apparatuses must have a 
stamp of 
~proval affixed by the 
Department of Human Services after periodic testing. 
That 
stamp of approval is valid for a limited period of no more 
than 
one 
year. 
Testimony 
or 
other 
evidence 
that 
the 
equipment was bearing the stamp of approval must be accepted 
in court as prima facie evidence that the equipment was 
~proved by the Department of Human Services for use by the 
law enforcement officer to collect and analyze a 
sample 
specimen of the defendant's breath. 
F. 
Failure to comply with any provision of this subsection 
or with any rule adopted under this subsection does not. by 
itself. result in the exclusion of evidence of blood-alcohol 
level 
or 
drug 
concentration. 
unless 
the 
evidence 
is 
determined to be not sufficiently reliable. 
G. 
Testimony or other evidence that any materials used in 
operating or checking the operation of the equipment were 
bearing a statement of the manufacturer or of the Department 
of Human Services must be accepted in court as prima facie 
evidence that the materials 
were 
of 
a 
composition 
and 
quality as stated. 
H. 
A 
person certified 
by 
the 
Maine 
Criminal 
Justice 
Academy. under certification standards set by the academy. 
as 
qualified 
to 
operate 
approved 
self-contained. 
breath-alcohol 
testing 
apparatuses 
may 
operate 
those 
apparatuses to collect and analyze a sample specimen of a 
defendant's breath. 
6. 
Liability. 
A 
physician. 
physician's 
assistant. 
registered nurse. person certified by the Department of Human 
Services or hospital or other health care 
provider in the 
exercise of due care is not liable in damages or otherwise for 
any act done or omitted in performing the act of collecting or 
withdrawing 
specimens 
of 
blood 
at 
the 
request 
of 
a 
law 
enforcement officer pursuant to this section. 
7. 
Evidence. 
The percentage by weight of alcohol in the 
defendant's blood at the time alleged and the concentration of 
drugs at the time alleged. as shown by the chemical analysis of 
the defendant's blood. breath or urine or by any test authorized 
by subsection 5 is admissible in evidence. 
A. 
When a person certified under subsection 5 conducts a 
chemical analysis of blood. breath or urine to determine 
blood-alcohol level or drug concentration. the person may 
issue a certificate stating the results of the analysis. 
That certificate. 
when duly signed and sworn to by the 
certified person. is admissible in evidence in any court of 
the State. 
It is prima facie evidence that the person 
taking a specimen of blood or urine was a person authorized 
by subsection 5: that the equipment. chemicals and other 
materials used in the taking of the blood or urine specimen 
or a breath sample were of a quality appropriate for the 
purpose 
of 
producing 
reliable 
test 
results: 
that 
any 
equipment. chemicals or materials required by subsection 5 
to be approved by the Department of Human Services were in 
fact 
approved; 
that 
the 
sample 
tested 
by 
the 
person 
certified under subsection 5 was in fact the same sample 
taken from the defendant: and that the drug concentration or 
percentage py weight of alcohol in the defendant's plood 
was. at the time the plood. preath or urine sample was 
taken. as stated in the certificate. unless with 10 days' 
written notice to the prosecution, the defendant requests 
that a qualified witness testify as to any of the matters as 
to which the certificate constitutes prima facie evidence. 
The notice must specify those matters concerning which the 
defendant requests testimony. 
B. 
A person certified under subsection 5 as qualified to 
operate a self-contained, preath-alcohol testing apparatus 
to determine the plood-alcohol level may issue a certificate 
stating the results of the analysis. 
That certificate. when 
duly 
signed 
and 
sworn 
to 
by 
the certified person, 
is 
admissible in evidence in any court of the State. 
It is 
prima 
facie 
evidence that the percentage by weight 
of 
alcohol in the defendant's blood was, at the time the breath 
Sample was taken, as stated in the certificate, unless, with 
days' written notice to the prosecution, the defendant 
requests 
that 
the 
operator 
or 
other qualified 
witness 
testify as to the results of the analysis. 
C. 
Transfer of sample specimens to and from a laboratory 
for purposes of analysis must be by certified or registered 
mail 
and, 
when 
so 
made, 
is deemed to 
comply with all 
requirements regarding the continuity of custody of physical 
evidence. 
D. 
The failure of a person to comply with the duty to 
submit to and complete a chemical test under section 10702, 
subsection 
is admissible in evidence on the issue of 
whether that person was under the influence of intoxicating 
liquor or drugs. 
If the law enforcement officer having 
probable 
cause 
to believe that the person hunted wild 
animals or wild birds or operated or attempted to operate a 
watercraft, snowmobile or ATY while under the influence of 
intoxicating liquor or drugs fails to give either of the 
warnings required under subsection 2, the failure of the 
person to comply with the duty to submit to a chemical test 
is not admissible, except when a test was required pursuant 
to subsection 11. 
If a failure to submit to and complete a 
chemical test is not admitted into evidence, the court may 
inform the jury of the fact that a test result is not 
available. 
E. 
If a test result is not available for a reason other 
than a person's failure to comply with the duty to submit to 
and complete a 
chemical test, the unavailability and the 
reason are admissible in evidence. 
8. 
Statements b,y accused. 
Any statement by a defendant 
that the defendant was the operator of a watercraft, snowmobile 
or ATV that the defendant is accused of operating in violation of 
section 
10701. 
subsection 
is 
admissible if it was 
made 
voluntarily and is otherwise admissible under the United States 
Constitution or the Constitution of Maine. 
The statement may 
constitute sufficient proof by itself. without further proof of 
corpus delicti. 
that the watercraft. 
snowmobile 
or 
ATV 
was 
operated by the defendant. 
Any statement by a defendant that the 
defendant was hunting wild animals or wild birds is admissible 
against a defendant accused of hunting wild animals or wild birds 
in violation of section 10701. subsection 1 if the statement was 
made voluntarily and is otherwise admissible under the United 
States Constitution or the Constitution of Maine. 
The statement 
may constitute sufficient proof by itself. without further proof 
of corpus delicti. that the defendant was hunting wild animals or 
wild birds. 
9. 
PaJPent for tests. 
Persons authorized to take specimens 
of blood at the direction of a 
law enforcement officer and 
persons authorized to perform chemical tests of specimens of 
blood or breath must be paid from the General Fund or from 
dedicated revenues of the department when 
a 
law enforcement 
officer of the department authorizes the chemical tests. 
The 
Department of Marine Resources shall pay for chemical tests 
authorized by marine patrol officers with funds available within 
that department. 
10. 
Accidents and officer's duties. 
The law enforcement 
officer has the following duties. 
A. 
After 
a 
person has been charged with hunting wild 
animals or wild birds or with operating or attempting to 
operate a watercraft. 
snowmobile or ATV while under the 
influence 
of 
intoxicating liquor or 
drugs 
or 
with 
an 
excessive 
blood-alcohol 
level. 
the 
investigating 
or 
arresting officer shall investigate to determine whether the 
charged person has any previous convictions of a violation 
of section 10701. subsection 1 or adjudications for failure 
to comply with the duty to submit to and complete a chemical 
test under section 10702. subsection 1. 
As part of that 
investigation. 
the 
officer 
shall 
review 
the 
records 
maintained 
by 
the 
courts. 
the 
State 
Bureau 
of 
Identification. 
the 
Secretary 
of 
State. 
including 
telecommunications of records maintained by the Secretary of 
State. or the department. 
B. 
A law enforcement officer may arrest. without a warrant. 
any person whom the officer has probable cause to believe 
hunted any wild animal or wild bird or operated or attempted 
to operate a watercraft. snowmobile or ATV while under the 
influence of intoxicating liquor or drugs if the arrest 
occurs within a 
period following the offense reasonably 
likely to result in the obtaining of probative evidence that 
the person was under the influence of intoxicating liquor or 
drugs. 
11. 
Fatalities. 
Notwithstanding any other provision of 
this section. any person hunting wild animals or wild birds who 
is 
involved 
in 
a 
hunting 
accident· or 
any 
operator 
of 
a 
watercraft. snowmobile or ATV who is involved in a watercraft. 
snowmobile or ATV accident that results in the death of any 
person must submit to and complete chemical tests to determine 
that person's 
blood-alcohol 
level or other 
chemical 
use 
by 
analysis of blood. breath or urine. 
1>. 
law enforcement officer 
may determine which types of tests will be administered. 
The 
results of tests taken pursuant to this subsection are not 
admissible at trial unless the court is satisfied that probable 
cause exists t 
independent of the test results. to believe that 
the hunter or operator was under the influence of intoxicating 
liquor or drugs or had an excessive blood-alcohol level. 
12. 
Aid in enforcement among mpni cipa1ities. 
Except as 
otherwise 
prohibited 
by 
municipal 
charter 
or 
ordinance. 
municipalities may. in the manner provided by Title 30-1>.. section 
2674. enter into agreements regarding mutual aid in enforcing 
laws governing the hunting of wild animals or wild birds while 
under 
the influence of intoxicating liquor or drugs or the 
operation of a watercraft. snowmobile or 1>.TV while under the 
influence of intoxicating liquor or drugs. 
13. 
Reporting: i_unity. 
Immunity from certain criminal 
and civil liabilities for the act of good faith reporting by 
certain health care professionals on accidents that the reporting 
person reasonably believes involved a person who was hunting or 
operating 
a 
snowmobile. 
1>.TV 
or 
watercraft 
while 
under 
the 
influence of intoxicating liquor or drugs is set forth in Title 
29-1>.. section 2405. 
SUBPART 4 
FISH AND WILDLIFE 
CHAPTER 913 
GENERAL LICEHSE AND PERMIT PROVISIONS 
SUBCHAPTER 1 
LICENSES AIID PERMITS: ELIGIBILITY. ISSUANCE 
AND UOUIREMEN"l'S 
§10751. App1ication and 1icense specifications 
1. 
Form. The commissioner shall furnish application blanks. 
licenses 
and 
permits 
in such 
form 
as 
the 
commissioner 
may 
designate. 
The department may charge a fee of up to $10 to cover 
administrative costs for the issuance of miscellaneous licenses 
and permits for which a fee is not provided by law. 
2. 
Identification number. The commissioner may require an 
identification number and any other pertinent information on any 
licenses or permits issued by the department as the commissioner 
determines necessary. 
3. 
Statement 
of 
right 
to 
possess 
firearms. 
The 
department's applications for licenses and permits that authorize 
a 
person to hunt with a 
firearm must include the following 
statement signed by the applicant: 
I 
CERTIFY THAT EITHER I 
AM NOT A CONVICTED FELON OR THAT I 
AM A 
CONVICTED 
FELON WITH 
A PERMIT TO CARRY 
A FIREARM. 
BY 
MAKING 
FALSE STATEMENTS ON THIS DOCUMENT, 
I 
REALIZE I 
AM COMMITTING A 
CLASS D CRIME PUNISHABLE UNDER MAINE LAW. 
4. 
Stamps. 
Wheneyer a license or permit to hunt is in the 
form of a 
stamp, 
the licensee must affix the stamP to the 
licensee's hunting license 
and 
validate it Ay 
signing 
the 
licensee's name across the face of the stamp. 
5. 
Preissue. A license or permit may be issued prior to the 
date qpon which it goes into force. 
6. 
Dqplicates. 
A dqplicate license or permit 
may 
be 
obtained by a person who has accidentally lost or destroyed a 
license or permit issqed to that person qnder this chapter qpon 
payment of a fee of $2, all of which mqst be retained by the 
agent. 
7. 
License must be signed. 
A license 
issued by the 
department mqst be signed by the licensee prior to qse. 
§10752. 
Eligibility 
1. 
Residents. A resident is eligible for a resident license 
or permit qnder this Part. 
2. 
Nonresidents. 
A 
nonresident 
is 
eligible 
for 
a 
nonresident license or permit qnder this Part. 
3. 
Aliens. An alien is eligible for an alien license or 
permit qnder this Part. 
4. 
Member 
of 
United 
States 
Armed 
Forces 
permanently 
stationed in State. 
The following persons are eligible for any 
trapping, fishing, hunting or combination fishing and hqnting 
license or 
permit at 
the 
resident 
fee 
and 
have 
the 
Same 
privileges as residents of this State in regard to trapping, 
hqnting and fishing: 
A. 
A person serving in the Armed Forces of the United 
States who is permanently stationed at a military or naval 
post. station or base in the State: and 
B. 
The spouse and children of a person under paragraph A if 
the spouse and children permanently reside with that person. 
A member of the Armed Forces of the United States stationed in 
the State who desires a trgpping. hunting. fishing or combination 
license or permit shall present certification from the commander 
of the member's post. station or base. or from the commander's 
designated agent. that the person is permanently stationed at 
that post. station or base. 
5. 
Persons convicted of burglaX:Yr 
criminal 
tres,pass or 
theft. 
Persons convicted of the following offenses are not 
eligible to obtain a license or permit issued by the department: 
A. 
Burglary or criminal trespass of a building located 
within the unorganized territories: 
B. 
Theft 
of 
equipment 
used 
for 
trapping. 
hunting 
or 
fishing: or 
C. 
Theft of an animal that has been obtained by trapping or 
hunting and that was in the possession or control of the 
person who trgpped or hunted the animal. 
If the conviction under 
paragraph A. 
B or C was 
a 
first 
conviction. the person convicted is not eligible to obtain a 
license or permit issued by the department within 2 years of the 
date of that first conviction. 
6. 
Persons convicted of certain offenses. 
The following 
gpplies to the conviction of certain offenses. 
A. 
A person convicted of a violation of section 12256. 
disturbing traps. is not eligible to obtain any license 
issued by the department for 
years from the date of 
conviction in the case of a first offense and 5 years from 
the date of conviction in the case of a 2nd or subsequent 
offense. 
B. 
Notwithstanding any other provision of this Part. 
a 
person is not eligible to obtain a hunting license under the 
following circumstances. 
(1) 
A person convicted of shooting a domestic animal 
in violation of section 11210 is not eligible to obtain 
a license to hunt in this State for a period of at 
least 5 years from the date of conviction. 
(2) 
A person convicted of hunting while under the 
influence of intoxicating liquor or drugs in violation 
of section 10701, 
subsection 1 
is not eligible to 
obtain a license to hunt in this State for a period of 
years from the date of conviction. 
(3) 
A person convicted of a violation of Title 17 -A, 
chapter 9, if the offense occurred in the context of a 
hunting activity and if. through failure of the hunter 
to 
make 
proper 
target 
identification, 
the 
offense 
resulted in the injury or death of another person, is 
not eligible to obtain a license to hunt in this State 
for a period of at least 10 years from the date of the 
conviction. 
§10753. 
Proof of residengy 
An applicant for a license or permit under this Part is 
responsible for submitting proof of residency to the agent or the 
department, 
or both. 
A resident license issued to a 
person 
unable to meet the residency requirements at the time the license 
was issued is invalid and must be returned to the commissioner 
upon request. 
§10754. 
Tre§pass reminder 
The following notice must be printed on each hunting and 
fishing license: "This document does not authorize you to enter 
private property without permission." 
§10755. 
Intentional issuance of resident license or 
permit to nonresident 
A town clerk or agent may not intentionally issue a resident 
license or permit to a person who is not a resident. 
A person 
who violates this section commits a Class E crime. 
§10756. 
Duty to cara and ezhibit license or permit 
A person who holds a license or permit issued under this 
Part shalL while engaged in the licensed activity or while 
transporting fish, wild animals or wild birds: 
1. 
Cara license or permit. 
Have on that person that 
license or permit; and 
2. 
Exhibit license or permit. 
Exhibit that license or 
permit for inspection upon request to a warden or other law 
enforcement officer, an employee of the department, a registered 
Maine guide or the owner of the land on which the licensed 
activity is taking place. 
A person who violates this section commits a Class E crime. 
§l0757. 
Fraudulentl,y obtaining license or permit 
A person may not obtain a license or permit authorized in 
this Part through fraud, misstatement or misrepresentation. 
A 
person who violates this section commits a Class E crime. 
§l0758. 
Possession of altered license or permit 
A person may not possess a license or permit issued under 
this Part 
that has been altered, tampered with or mutilated in 
any manner. 
§l0759. 
Expiration 
All licenses and permits issued under this chapter expire at 
midnight on December 31st of the calendar year for which the 
license or permit was issued, unless specifically provided for 
otherwise. 
SUBCHAPTER 2 
ESTABLISHMENT OF AGENTS 
§l0801. 
Establishment of agents 
1. 
AP,POintment. 
The commissioner may appoint clerks of 
towns, 
the State Tax Assessor or 
such other agents 
as 
the 
commissioner considers necessary to issue licenses and permits. 
The commissioner shall determine the period during which the 
agents perform their duties. 
In the case of services performed 
for the commissioner by the State Tax Assessor, the provisions of 
this chapter regarding agents' fees do not apply. 
2. 
Agents 
for 
~se of 
selling 
licenses. 
The 
commissioner shall adopt rules that establish the criteria for 
selecting agents to sell licenses and permits. 
Rules adopted 
under this subsection are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
3. 
Reporting and paDH!nt requirements. 
The commissioner 
shall adopt rules establishing the reporting requirements for 
agents and the procedure for payment of all funds collected for 
the reporting period. 
If these rules include a requirement that 
agents 
must 
report 
more 
frequently 
than once 
a 
month, 
the 
commissioner is responsible for all costs associated with the 
additional reporting requirement, including mailing costs. 
Rules 
adopted under this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
4. 
~sit. The commissioner shall deposit funds collected 
by 
agents 
from 
the 
sale 
of 
licenses 
and 
permits 
and 
any 
unencumbered balances as of June 30, 1990 in the State Treasury 
as undedicated revenue to the General Fund. 
5. 
Pur.poses. 
All funds derived from the sale of licenses 
or permits 
under this Part must be 
used for 
the 
following 
purposes only: 
A. 
The administration of the department: 
B. 
The protection, propagation, preservation, promotion and 
investigation of fish and wildlife: 
C. 
Conservation education: and 
D. 
Other expenses incident to the administration of the 
functions set out in this subsection. 
6. 
Delingyent agents. 
An agent is delinquent if that agent 
fails to forward to the commissioner funds collected by that 
agent by the date established in rules adopted under subsection 
3. 
Failure to remit the funds 
as provided in this section 
results in the following sanctions, in addition to any others 
provided by law. 
A. 
The commissioner shall charge interest on the amount 
owed at the rate of 18'%. a year for each day the agent is 
delinquent. 
B. 
If the agent has not paid the amount owed by the 60th 
day after the agent becomes delinquent, the commissioner 
shall assess a surcharge of 5'%. of the principal amount owed. 
C. 
If an agent is delinquent for more than 150 days or is 
delinquent 
or more 
times 
in one 
calendar year, 
the 
commissioner shall: 
( 1) 
Terminate the agency for the balance of the year: 
and 
(2) 
Order that the agency not be renewed for the next 
~ 
7. 
Exception. 
This section does not apply to the State Tax 
Assessor with respect to services performed for the commissioner. 
§10U02. 
Rule violations: agent 
Notwithstanding section 10602, a person who violates a rule 
regulating hunting and fishing agents commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
SUBCBAP'lER 3 
LIFETIME, C(llpLIMENTARY AID RlIDUClID-RATE LICENSES 
§10U5l. Resident lifetime licenses 
1. 
Infants and seniors. The following resident lifetime 
licenses may be purchased; 
A. For a resident who is less than 6 years of age; 
(1) 
An infant resident lifetime fishing license. 
The 
fee for an infant resident lifetime fishing license is 
$150; 
(2) An infant resident lifetime hunting license. 
The 
fee for an infant resident lifetime hunting license is 
$150; 
(3) 
An 
infant 
resident 
lifetime 
archery 
hunting 
license. 
The 
fee 
for 
an 
infant 
resident 
lifetime 
archery hunting license is $150; 
(4) 
An infant resident combination of any 
lifetime 
licenses. 
The fee for an infant resident combination 
of any 2 lifetime licenses is $250; and 
(5) 
An infant resident combination of all 3 lifetime 
licenses. 
The fee for an infant resident combination 
of all 3 lifetime licenses is $400; 
B. 
For a resident from 6 to 15 years of age; 
(1) 
A junior resident lifetime fishing license. The 
fee for a junior resident lifetime fishing license is 
$300; 
(2) 
A junior resident lifetime hunting license. 
The 
fee for a junior resident lifetime hunting license is 
~ 
(3) 
A 
junior 
resident 
lifetime 
archery 
hunting 
license. 
The 
fee 
for 
a 
junior 
resident 
lifetime 
archery hunting license is $300; 
(4) 
A junior resident combination of any 2 lifetime 
licenses. 
The fee for a junior resident combination of 
any 2 lifetime licenses is $500; and 
(5) 
A junior resident combination of all 3 lifetime 
licenses. 
The fee for a junior resident combination of 
all 3 lifetime licenses is $800; 
c. 
For a resident from 65 to 69 years of age: 
(1) 
A senior resident lifetime fishing license. 
The 
fee for a senior resident lifetime fishing license is 
$50 for a person who purchases the license in the year 
in which that person turns 65 years of age. $40 for a 
person who purchases the license in the year in which 
that person turns 66 years of age. $30 for a person who 
purchases the license in the year in which that person 
turns 67 years of age. $20 for a person who purchases 
the license in the year in which that person turns 68 
years of age and $10 for a person who purchases the 
license in the year in which that person turns 69 years 
of age; 
(2) 
A senior resident lifetime hunting license. 
The 
fee for a senior resident lifetime hunting license is 
$50 for a person who purchases the license in the year 
in which that person turns 65 years of age. $40 for a 
person who purchases the license in the year in which 
that person turns 66 years of age. $30 for a person who 
purchases the license in the year in which that person 
turns 67 years of age. $20 for a person who purchases 
the license in the year in which that person turns 68 
years of age and $10 for a person who purchases the 
license in the year in which that person turns 69 years 
of age; 
(3) 
A 
senior 
resident 
lifetime 
archery 
hunting 
license. 
The 
fee 
for 
a 
senior 
resident 
lifetime 
archery 
hunting 
license 
is 
$50 
for 
a 
person 
who 
purchases the license in the year in which that person 
turns 65 years of age. $40 for a person who purchases 
\ 
the license in the year in which that person turns 66 
years of age, 
$30 
for 
a 
person who 
purchases 
the 
license in the year in which that person turns 67 years 
of age, $20 for a person who purchases the license in 
the year in which that person turns 68 years of age and 
$10 for a person who purchases the license in the year 
in which that person turns 69 years of age; 
(4) 
A senior resident combination of any 2 lifetime 
licenses. 
The fee for a senior resident combination of 
any 
lifetime 
licenses is 
$80 
for 
a 
person 
who 
purchases the license in the year in which that person 
turns 65 years of age, $64 for a person who purchases 
the license in the year in which that person turns 66 
years of age, 
$48 
for 
a 
person who 
purchases the 
license in the year in which that person turns 67 years 
of age, $32 for a person who purchases the license in 
the year in which that person turns 68 years of age and 
$16 for a person who purchases the license in the year 
in which that person turns 69 years of age; and 
(5) 
A senior resident combination of all 3 lifetime 
licenses. 
The fee for a senior resident combination of 
all 
lifetime licenses is 
$110 
for 
a 
person who 
purchases the license in the year in which that person 
turns 65 years of age, $94 for a person who purchases 
the license in the year in which that person turns 66 
years of age, 
$78 
for 
a 
person who 
purchases 
the 
license in the year in which that person turns 67 years 
of age, $62 for a person who purchases the license in 
the year in which that person turns 68 years of age and 
$46 for a person who purchases the license in the year 
in which that person turns 69 years of age: and 
D. 
For a resident 70 years of age or older. 
A person who 
holds a valid senior lifetime license under this section 
upon turning 70 years of age may obtain at no cost a hunting 
license, fishing license, trapping license, archery license 
under section 11109, subsection 7, a pheasant hunting permit 
under section 11156, a muzzle-loading hunting license under 
section 11109, subsection 4, 
a migratory waterfowl permit 
under section 11157 and a bear hunting permit under section 
11151 and may renew at no cost a guide license under section 
12853. 
A person who 
is 70 years of age or older may 
purchase a senior lifetime license that entitles the holder 
to all the privileges described in this paragraph for a 
one-time $8 fee. 
A person must be a resident to purchase a resident lifetime 
license under this section. 
Once purchased, a resident lifetime 
license is valid for the life of the holder without regard to 
subsequent changes in the legal residence of the holder. 
The 
license entitles the holder to all fishing or hunting privileges 
extended to residents of that same age who hold the equivalent 
annual license and subjects the holder to all limitations and 
prerequisites on those fishing or hunting privileges that apply 
to residents of that same age who hold the equivalent annual 
license. 
Notwithstanding any other provision of this section. if the 
commissioner determines that the sale of lifetime licenses for 
persons 65 years of age or older will result in a loss of license 
revenue to the department in any fiscal year. the commissioner 
shall withhold from deposit to the fund established in section 
10251 an amount necessary to avoid that loss in revenue. 
Money 
withheld under this paragraph may be withheld only from revenue 
from the sale of lifetime licenses to persons 65 years of age or 
older. 
This paragraph is repealed on July I. 2010. 
Sl08S2. Lifetime privileges to be honored 
A lifetime license issued under this subchapter is valid for 
the life of the license holder unless lawfully suspended or 
revoked by the COmmissioner for a violation of fish and wildlife 
laws under this Part. The Legislature may not otherwise act in 
any way to limit or end the right of a person holding a lifetime 
license 
to 
the 
lifetime 
enjoyment 
of 
all 
the 
rights 
and 
privileges authorized by that license. 
Sl08S3. 
Campliment~ and reduced-rate licenses 
1. 
Residents over 70 years of age. 
A complimentary license 
to hunt. trap or fish. including an archery license under section 
11109. 
subsection 7. 
a 
pheasant hunting permit under section 
11156, 
a 
muzzle-loading hunting license under section 11109. 
subsection 4. a migratory waterfowl permit under section 11157 
and a bear hunting permit under section 11151 must be issued to a 
resident who is 70 years of age or older upon application to the 
commissioner. 
A. 
A resident who applies for a complimentary license under 
this section at any time during the calendar year of that 
resident's 70th birthday must be 
issued 
a 
license upon 
application. 
regardless 
of 
the actual 
date during that 
calendar year in which that resident attains 70 years of 
age. 
A guide license may be renewed without charge for a 
resident who is 70 years of age or older upon application to 
the commissioner. 
The application must be accompanied by a 
birth certificate 
or 
other 
certified 
evidence 
of 
the 
applicant's date of birth and residency. 
B. 
Beginning January 1, 2006, the department may not issue 
a complimentary license to a resident over 70 years of age. 
A complimentary license issued to a resident oyer 70 years 
of age prior to January L 
2006 is yalid as long as the 
license holder satisfies the residency reguirements set out 
in section 10001, subsection 53. 
C. 
A complimentary license issued under this subsection 
remains yalid for the remainder of the life of the license 
holder, as long as the license holder continues to satisfy 
the 
residency 
reguirements 
set 
out 
in 
section 
10001, 
subsection 53 and the license is not reyoked or suspended. 
2. 
Blind residents. 
A complimentary license to fish must 
be issued to a resident who is 16 years of age or older and blind 
and applies for the fishing license to the commissioner. 
This 
complimentary license remains yalid for the life of the license 
holder if the license holder continues to satisfy the residency 
reguirements in section 1000L subsection 53 and the license is 
not revoked or suspended. 
The application must be accompanied by 
certified eyidence that the applicant is permanently blind. 
For 
the purpose of this subsection, 
"blind" means having yisual 
acuity for distant yision of 20/200 if the widest diameter of 
field of yision subtends an angle no greater than 20 degrees. 
3. 
Paraplegics. 
The 
commissioner 
may 
issue, 
upon 
application, complimentary resident hunting and fishing licenses 
to a resident who has lost, or who has permanently lost the use 
of, 
both 
lower 
extremities. 
A 
license 
issued 
under 
this 
§ubsection remains valid for the life of the license holder if 
the 
license 
holder 
continues 
to 
satisfy 
the 
residency 
requirements in section 10001, subsection 53 and the license is 
not reyoked or suspended. 
The 
commissioner 
may 
issue, 
upon 
application, 
complimentary 
nonresident hunting and fishing licenses to a person from another 
state who would gualify under this subsection as long as the 
state where the person resides proyides a reciprocal privilege 
for residents of this State. 
4. 
Resident disabled veteran. 
A resident disabled yeteran 
may apply to the commissioner for one or more of the following 
complimentary permits and licenses: 
a 
license to hunt with a 
firearm, a license to trap, a license to fish, archery hunting 
licenses as provided in section 11109, subsection 7, a pheasant 
hunting permit as provided in section 11156 and a muzzle-loading 
hunting license as provided in section 11109, subsection 4. 
The 
commissioner 
shall 
issue 
the 
permit. 
license 
or 
licenses 
reguested under this subsection if the commissioner determines 
the applicant is a resident disabled veteran and is not otherwise 
ineligible to hold that permit or license. 
For the purposes of 
this subsection. "resident disabled veteran" means a person who: 
A. 
Is a resident as defined in section 10001. subsection 53: 
B. 
Is a veteran as defined in Title 37-B. section 505. 
subsection 2. paragraph A. subparagraph (3): and 
C. 
Has a service-connected diSability evaluated at: 
(1) 
One hundred percent: or 
(2) 
Seventy percent or more as a result of honorable 
military service and who has served in a combat zone 
during any armed conflict in which participants were 
exposed to war risk hazards as defined in 42 United 
States Code. Section 1711 (b). 
Each application must be accompanied by satisfactory evidence 
that the applicant meets the requirements of this subsection. 
A 
permit or license issued under this subsection remains valid for 
the life of the permit or license holder. as long as the permit 
or license holder continues to satisfy the residency requirement 
in section 10001. subsection 53 and the permit or license is not 
revoked or suspended. 
5. 
Holders 
o£ 
Congressional 
Meila ] 
o£ 
Honor. 
Upon 
application. the Governor may grant 2-year complimentary hunting 
and fishing licenses to holders of the Congressional Medal of 
Honor. 
6. 
Mpmhers o£ Armed Forces domiciled in State. 
A member of 
the Armed Forces of the United States on active duty who is 
permanently stationed outside of the State may 
be issued a 
combination fishing and hunting license for an amount equal to 
the administrative costs associated with issuing the license as 
determined 
by 
the 
department. 
Administrative 
costs 
do 
not 
include agent fees. To qualify. the member of the Armed Forces of 
the United States must show proof that that member's home of 
record. as recorded in that person's service records, is Maine. 
That person may 
purchase all other licenses or permits at 
resident fees. 
The license is valid during the year of issue. 
That person's 
spouse 
and 
children may 
purchase hunting 
and 
fishing licenses at reduced rates. 
The reduced fees are as 
follows: 
A. 
Twenty dollars. plus the issuing fee for a combination 
fishing and hunting license: 
B. 
Ten dollars, plus the issuing fee for a hunting license: 
and 
C. 
Ten dollars. plus the issuing fee for a fishing license. 
7. 
Patients and inmates in certain state institutions. The 
commissioner may issue free fishing permits covering: 
A. 
Residents 
or 
groups 
of 
residents 
at 
any 
state 
institution 
under 
the 
control 
of 
the 
Department 
of 
Behavioral and Developmental Services: 
B. 
Groups of full-time patients at a 
nursing home. 
as 
defined in Title 22, section 18l2-A: and 
C. 
Groups of full-time residents of a facility licensed 
under Title 22, chapter 1663. 
8. 
Natiye 
American. 
The 
cOmmissioner 
shall 
issue 
a 
hunting, trapping and fishing license to any Native American. 10 
years of age or older. of the Passamaquoddy Tribe. the Penobscot 
Nation, the Houlton Band of Maliseet Indians or the Aroostook 
Band of Micmacs without any charge or fee if the Native American 
presents a certificate from the respective reservation governor. 
the Aroostook Micmac Councilor "Wesget-Sipu" stating that the 
person described is a Natiye American and a 
member of that 
nation. band or tribe. 
Holders of these licenses are subject to 
this Part. 
9. 
Foreign excbange students. 
A resident license to hunt 
or fish must be issued. at a fee equal to the resident license 
fee for a person of like age and status. to any citizen of a 
foreign nation under 21 years of age who is domiciled with a 
family within the State pursuant to any cultural or educational 
exchange 
program 
conducted by 
any 
governmental. 
educational, 
cultural or religious organization. 
10. 
Persons 
with mental 
retardation. 
A 
complimentary 
license to fish must 
be 
issued to 
any person with mental 
retardation, as defined in Title 34-B. section 5001, subsection 
3, upon application to the commissioner. 
The application must be 
accompanied by certified evidence that the applicant meets the 
defined condition. 
This complimentary license remains effective 
for the life of the license holder, if the license is not revoked 
or suspended. 
11. 
Permits 
to 
accODDOdate 
permanent 
physical 
disabilities. 
The commissioner may issue a special permit to a 
person with a permanent physical disability that includes special 
authorization that allows that person to hunt. trap or fish at 
times or in a manner otherwise prohibited by this Part in order 
to 
enhance 
access 
to 
hunting. 
trapping 
and 
fishing 
opportunities. 
No 
laws or rules may be waived except as are 
necessary to effect this subsection. 
A permit may be issued 
under this subsection only if: 
A. 
The a,pplicant provides the commissioner with a letter 
signed by a licensed physician clearly stating the nature of 
that person's disability. the permanence of the disability 
and the extent to which the disability affects that person's 
ambulatory ability or endurance: use of one or both hands. 
arms or legs: or sight or hearing: 
B. 
The commissioner determines that the permanent physical 
disability 
prevents 
that 
person 
from 
safely 
accessing 
hunting. trapping or fishing opportunities at the times or 
in the manner allowed by this Part or by rules adopted 
pursuant to this Part: and 
C. 
The person meets all other requirements for issuance of 
that permit and related licensing requirements and is not 
otherwise ineligible for that permit. 
Prior 
to 
making 
a 
determination 
of eligibility under 
this 
subsection. the commissioner or the commissioner's agent shall 
meet with the aJ;lJ;llicant in J;lerson at a location chosen by the 
commissioner to discuss the applicant's needs. 
Each a,pplicant' s 
disability and needs must be reviewed in consultation with the 
disabled 
hunter. 
tra,pper 
and 
angler 
advisory 
committee 
established in section 10152 and a determination made regarding 
the 
special authorization that 
may 
be 
made 
to 
enhance 
the 
applicant's 
access 
to 
fishing. 
hunting 
and 
trapping 
opportunities. 
A permit issued under this subsection must be 
signed by the COmmissioner and include a 
clear and specific 
description of the activities authorized by that permit. 
The 
disabled person shall carry the permit whenever that person is 
hunting. trapping or fishing. and the permit must be presented to 
a game warden or other law enforcement officer upon request. 
No 
laws or rules may be waived except as are necessary to effect 
this subsection. 
The 
commissioner 
may 
authorize 
only 
the 
m~n~mum 
special 
exceptions necessary to overcome the a,pplicant' s disability and 
allow that a,pplicant to safely hunt. tra,p or fish. 
This does not 
authorize 
the 
COmmissioner 
to 
issue special exceptions 
that 
endanger public safety. 
A permit issued under this subsection 
may not authorize a person to exceed the allowable bag or size 
limits for any fish or wildlife species: to fish for or take a 
fish or wildlife species for which a license is not otherwise 
issued: to fish for. trap or hunt a fish or wildlife species more 
than 7 days before the opening or more than 7 days after the 
closing of the regular open season for that species; or to fish, 
trap or hunt in any area permanently closed to those activities 
by state law or rule. 
SUBCHAPTER 4 
REVQCATICB ARD SUSPEIISIQN OF LICEliSES OR PERMITS 
Slagal. 
Compliance: noncompliance 
1. 
Definitions. 
As used in this subchapter, unless the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Compliance with a court order of support" means that 
the support obligor is no more than 90 days in arrears in 
making payments in full 
for current support, 
in making 
periodic payments 
on 
a 
sypport arrearage pyrsuant to 
a 
wr itten agreement with the Department of Human Services or 
in making periodic payments as set forth in a court order of 
support and has obtained or maintained health insurance 
coverage if reqyired by a coyrt order of sypport. 
B. 
"Court order of support" means any jydgment or order for 
the support of dependent children issued by any court of the 
State or another state, inclyding an order in a final decree 
of divorce or any jydgment or order issued in accordance 
with an administrative procedyre established by state law 
that affords substantial dye process 
and is subject to 
jydicial review. 
2. 
Compliance. 
In addition to other qYalifications for 
licensyre 
or 
registration 
and 
conditions 
for 
continuing 
eligibility to hold a license as prescribed by the varioys acts 
of the department, 
applicants for licensure or registration, 
licensees renewing their licenses and existing licensees must 
also comply with the requirements of Title 19-A, section 2201. 
3. 
Noncompliance 
with 
a 
cOurt 
order of sqeport. 
An 
applicant for the issyance or renewal of a license or an existing 
licensee who is not in compliance with a court order of support 
is subject to the requirements of Title 19-A, section 2201. 
S109a2. 
Suspension or revocation of or refusal to issue 
license or permit 
1. 
Conviction or adjudication of violation. 
Any conviction 
or adjudication for a violation of this Part is grounds for 
suspension of any license or permit issued under this Part. 
Except where provided by law, the commissioner shall determine 
the suspension period. 
To suspend a license or permit based upon 
a conviction or adjudication. the commissioner shall follow the 
procedures under section 10903. 
A suspension or revocation of a 
license by the District Court is subject to the provisions of 
subsection 5. 
z. 
Refusa1 to issue license or permit. 
If a person is 
convicted or adjudicated of a violation of any provision of this 
Part and is not the holder of a valid license or permit issued 
under this Part, the commissioner may refuse to issue a related 
license or permit to that person for up to 5 years following the 
date of conviction or adjudication, except when the killing or 
wounding of 
a 
human being has occurred. 
in which case the 
commissioner may revoke the license or permit for a period of not 
less than 5 years. 
3. 
Failure to pay fine. 
If a license or registration is 
suspended pursuant to Title 14, section 3142, 
the suspension 
remains in effect until the person pays the fine. 
On condition 
of payment of a 
$25 reinstatement fee to the department. the 
clerk of the court in which the suspension was ordered shall 
rescind the suspension and notify the department, which, 
upon 
receipt of the $25 reinstatement fee, shall delete any record of 
the suspension from that person's record. 
For the purposes of 
this subsection, "fine" has the same meaning as in Title 14. 
section 3141, subsection 1. 
4. 
MaPdato~ revocation of a1l licenses issued by the 
department. 
A person's 
license 
must 
be 
revoked 
under 
the 
following circumstances. 
A. 
If a person holding a 
license or permit under this 
chapter is convicted of the violation of aDY provision of 
Title 17-A while on a hunting or fishing trip or in the 
pursuit 
of 
wild 
animals, 
wild 
birds 
or 
fish, 
the 
commissioner shall revoke the license or permit held by that 
person for a period of at least one year, except when the 
killing or wounding of a human being has occurred, in which 
case the commissioner shall revoke the license or permit for 
at least 5 years. 
B. 
Any license issued by the department in effect at the 
time a person is convicted of a violation of section 12256, 
disturbing traps. is revoked upon conviction and must be 
immediately surrendered to the commissioner. 
C. 
If an habitual violator, as defined in section 10605, 
subsection 1, is convicted or adjudicated of a violation of 
any provision of this Part, the commissioner shall revoke 
all licenses and permits held by that person. 
A license may 
not be granted to that person for a period to be determined 
by the commissio~er, but not less than 3 years from the date 
of revocation. 
A hearing for a person whose licenses and 
permits have been revoked under this paragraph is governed 
by the following. 
(I) 
A person whose licenses and permits have been 
revoked under this paragraph may, within 30 days of the 
effective 
date 
of 
the 
revocation, 
petition for 
a 
hearing before the commissioner to show cause why the 
licenses and permits should not have been revoked. 
(2) 
If, after the hearing, the commissioner finds that 
the petitioner's record does not bring the petitioner 
within the definition of an habitual violator, 
the 
commissioner 
shall 
rescind the 
revocation. 
If the 
commissioner finds that the petitioner's record does 
bring 
the 
petitioner 
within 
the 
definition of 
an 
habitual violator, the revocation remains in effect. 
If the petitioner denies any of the facts contained in 
the record, the petitioner has the burden of proof. 
5. 
Bunting 
license 
revocation 
or 
su§pension 
for 
endangerment or barm to ;!Dnther. 
The commissioner may bring a 
complaint in the District Court seeking to revoke or suspend the 
current hunting license or the privilege to obtain a hunting 
license of any person whom the commissioner reasonably believes 
to have killed, wounded or recklessly endangered the safety of 
another human being while hunting. 
The District Court shall 
revoke or suspend the person's license or privilege for a period 
of at least 5 years if the court finds that the person, while 
hunting, has killed, wounded or recklessly endangered the safety 
of another human being and the public safety will be endangered 
by the person's retention of that license or privilege. 
For the 
purpose of this subsection, "recklessly" has the same meaning as 
that set out in Title 17-A, section 35, subsection 3. 
A. 
A person whose hunting license has been revoked or 
suspended or whose right to hunt or the right to obtain a 
hunting license has been denied under this subsection, may, 
after the expiration of one year 
from the date of the 
revocation or 
suspension, 
petition the 
commissioner 
for 
restoration of the person's privilege to procure such a 
license. 
B. 
The 
commissioner, 
after 
hearing, 
may 
restore 
the 
petitioner' s privilege if the commissioner determines that 
the public safety will not be endangered by restoring that 
privilege. 
c. 
If the commissioner disallows the petition and thereby 
refuses to grant the restoration of the privilege, 
the 
petitioner 
may 
appeal 
to 
the 
commissioner's 
advisory 
council, which, after hearing on the petition, may allow it 
and restore the privilege. 
6. 
Mandatoa 
hunting 
license 
revocation 
for 
certain 
violations. 
The commissioner shall suspend a person's hunting 
license for at least one year and may suspend any other license 
issued under this Part and held by that person if that person is 
convicted of: 
A. 
A closed season violation, in violation of section 11201 
as it relates to bear, deer or moose: 
B. 
Hunting while under the influence of intoxicating liguor 
or drugs, in violation of section 10701: 
c. 
Night hunting, in violation of section 11206: 
D. 
Discharging a firearm within 100 yards of a residential 
dwelling without owner permission, in violation of section 
11209: 
E. 
Buying or selling bear, hunting or trapping bear after 
having killed one or exceeding the bag limit on bear, in 
violation of section 11217 or 11351: 
F. 
Buying or selling deer, exceeding the bag limit on deer 
or hunting deer after having killed one, in violation of 
section 11217 or 11501: 
G. 
Bu,ying or selling moose, 
u,nlawfu,lly hu,nting moose or 
unlawfully possessing moose, in Violation of section 11154, 
11217, 11601, 11652, 12302, 12304, 12305 or 12403: or 
H. 
Buying or selling wild turkeys, unlawfully hu,nting wild 
tu,rkeys, 
unlawfu,lly 
possessing 
wild 
tu,rkeys 
or 
u,sing 
u,nlawful methods to hu,nt wild turkeys, 
in violation of 
section 11217, su,bsection 1: section 11751: section 11801: 
or section 12306, su,bsection 1. 
7. 
Mandatoa hunting license revocation: 
eo,yote hunting 
violation. 
A hu,nting license of a person convicted of hu,nting 
coyote in violation of section 11160 or 12001 mu,st be revoked and 
that person is not eligible to obtain any hunting license for a 
period of one year from the date of conviction. 
8. 
Mandato~ 
revocation 
of 
fishing 
license. 
The 
commissioner shall suspend a person's fishing license for at 
least one year and may suspend any other license issued under 
this Part and held by that person if that person is conyicted or 
adjudicated of: 
A. 
Introducing fish into inland waters without a permit in 
violation of section 12510: 
B. 
Taking or possessing sport fish in violation of bag, 
weight and size limits in yiolation of section 12602, as it 
relates to trout, salmon, togue and black bass, whenever the 
yiolation inyolyes twice the general bag and possession 
limit adopted by rule b.Y the commissioner for that species 
of fish: 
C. 
Importing live bait fish or smelts, in yiolation of 
section 12556: 
D. 
Buying or selling freshwater sport fish, in yiolation of 
section 12609: or 
E. 
Taking fish 
by 
explosive, 
poisonous 
or 
stupefying 
sUbstances, in yiolation of section 12653. 
§I0903. 
Effectiye date for sU&Pftnsions 
1. 
For 
mandato~ suspension. 
For 
a yiolation having a 
minimtu!l statutory suspension period, a suspension is effectiye 
upon conyiction or adjudication and the license holder must 
surrender the license immediately to the commissioner. 
That 
person is not entitled to a hearing under section 10905 if the 
suspension 
period 
does 
not 
exceed 
the 
minimtu!l 
period 
of 
suspension reguired by law. 
In addition to any suspension period 
ordered by the commissioner, a person whose license is suspended 
for a yiolation haying a mandatory suspension must successfully 
complete an outdoor ethics course conducted or endorsed by the 
department 
prior 
to 
being 
eligible 
to 
have 
that 
license 
reinstated. 
2. 
For all other suspensions. 
For a violation that does 
not have a minimtu!l statutory suspension period, a suspension is 
effective 
upon 
written 
notification 
of 
suspension 
by 
the 
commissioner. 
That person must surrender that license to the 
commissioner 
upon receipt of a 
notice of suspension and is 
entitled to a hearing under section 10905. 
The commissioner 
shall adopt rules specifying the conditions under which a person 
Page l02-LR2121(1) 
whose license is suspended for a violation that does not carry a 
mandatory suspension is reguired to complete an outdoor ethics 
course. 
Rules 
adopted 
under 
this 
subsection 
are 
major 
substantive rules as defined in Title 5. chapter 375. subchapter 
2-A. 
Outdoor ethics courses must be scheduled by the Bureau of 
Warden Service and must be given whenever there are 10 or more 
persons needing or wanting to take the course. 
The fee for an 
outdoor ethics course is $100. payable 10 working days prior to 
the start of the course. 
All fees collected under this section 
are allocated to the Sport Hunter Program established in section 
10108. subsection 4, paragraph B. 
§10904. 
Rotice of sus,p9nsion 
A decision by the commissioner to suspend a license of a 
person convicted or adjudicated of a violation that does not 
carry a mandatory suspension must be made within 60 days after 
that conviction. 
The commissioner shall give written notice of 
all suspensions immediately following a decision to suspend. 
A 
notice of suspension must name the license or permit that is 
suspended 
and state 
the effective date 
and 
length 
of 
the 
suspension and must inform the person of any applicable hearing 
provisions under section 10905. 
§10905. Bearings 
Except as provided in section 10903. subsection I. a person 
receiving a notice of suspension under section 10904 may reguest 
a hearing on that suspension. 
A reguest for a hearing must be in 
writing and must be made not later than 30 days after receipt Qf 
the 
suspension 
notice 
required 
under 
section 
10903. 
The 
commissioner shall notify the person of the date and location of 
the hearing. 
1. 
Evidence. 
A person may present evidence at a hearing 
concerning the violation that might justify reinstatement of the 
license or permit or the reduction of the suspension period. 
If 
the petitioner denies any of the facts contained in the record. 
the petitioner has the burden of proof. 
2. 
Decisions. Decisions of the commissioner must be in 
writing. 
Except as provided in subsection 3, the commissioner 
may reinstate the license or permit or reduce the suspension 
period if the commissioner finds that the person has not been 
convicted or adjudicated or that reinstatement of the license or 
permit or reduction of the suspension period would be in the best 
interests of justice. 
3. 
Mandator.;y 
suspension 
period 
not 
waived. 
The 
commissioner 
may 
not 
waive 
or 
reduce 
a 
mandatory 
minimum 
suspension 
period 
established 
in 
statute 
except 
upon 
determination by the commissioner that an inappropriate action 
contributed to or resulted in that suspension. 
§10906. 
Violation of suspended or revoked license or 
permit 
While a person I s license or permit is under suspension or 
revocation under this Part, 
a 
person may not engage in the 
particular activity permitted by the license or permit that has 
been suspended or revoked. 
§10907. Obtaining suspended or revoked license or 
permit 
A person may not obtain or attempt to obtain any license or 
permit that has been suspended or revoked by the commissioner 
under this Part. 
§10908. Guide license revocation 
1. 
Conditions for revocation. 
The commissioner may suspend 
or revoke a guide license pursuant to this subchapter and Title 
5, section 10004. 
The commissioner may revoke, suspend, refuse 
to issue or refuse to renew a guide license or the District Court 
may revoke or suspend a guide license: 
A. 
If the guide fails to meet the standards of competency 
established pursuant to section 12851: 
B. 
If the guide fails to meet the qualifications for a 
guide license, including, but not limited to, failure to 
pass a 
reexamination conducted pursuant to section 12855, 
subsection 4; or 
C. 
If the guide is found to be incompetent, negligent or 
neglectful in the conduct of guiding activities, including, 
but not limited to, entering into a contractual agreement 
with a client to provide services and then failing, without 
just cause, to provide the services as agreed. 
2. 
Mandator.;y revocation. 
The commissioner shall revoke for 
a 
period of 
years the guides license of 
a 
guide 
who 
is 
convicted of violating a provision of this Part punishable by a 
mandatory fine of not less than $1,000 and at least 3 days in 
jail. 
The commissioner shall provide notice of revocation as 
provided in section 10904. 
A person whose license has been 
revoked 
under 
this 
subsection 
may, 
within 
days 
of 
the 
effective date of the revocation. petition the commissioner for a 
hearing to show cause why the license should not have been 
revoked. 
If. after the hearing. the commissioner finds that the 
person has not been convicted or that the conditions of this 
subsection do not apply. the revocation is rescinded. 
If the 
commissioner finds that the person has been convicted and that 
the conditions of this subsection apply. the revocation remains 
in effect. 
§I0909. Taxidermists and dealers in furs: suspension of 
license 
The 
commissioner 
shall 
investigate 
or 
cause 
to 
be 
investigated all complaints made to the department and all cases 
of noncompliance with or violation of sections 12952 and 12953 
and this section. 
A person may register a complaint of fraud. 
deceit. gross negligence. incompetency or misconduct against any 
licensee. 
The complaint must be in writing. be sworn to by the 
person making it and filed with the department. 
1. 
Disciplinaxy action. 
The commissioner may suspend or 
revoke a license pursuant to this subchapter and Title 5. section 
10004. 
The commissioner may refuse to issue or renew a license 
or the District Court may revoke. suspend or refuse to renew a 
license for anyone of the following causes: 
A. 
Procuring a license by fraud or deceit practiced upon 
the department or a purchaser: 
B. 
Failure to meet the competency standards established 
pursuant to section 12952: 
C. 
Engaging in the art of taxidermy under a false name or 
alias with fraudulent intent; 
D. 
Incompetence. negligence or neglect in the conduct of 
the practice of taxidermy. including. but not limited to. 
entering into a contractual agreement with a 
customer to 
provide services and then failing. without just cause. to 
provide the services as agreed: 
E. 
Failure to meet 
the qualifications 
for 
a 
license. 
including. 
but 
not 
limited 
to. 
failing 
to 
pass 
a 
reexamination pursuant to section 12953. subsection 5; or 
F. 
For any violation of this section or section 12952 or 
12953 
or 
any 
rules 
adopted pursuant to section 12952. 
subsection 5. 
2. 
Reissue of license. 
The commissioner may reissue a 
license to any former licensee whose license has been revoked. 
3. Bearings. 
Hearings may be conducted by the commissioner 
to assist with investigations. to determine whether grounds exist 
for suspension. revocation or denial of a license or as otherwise 
necessary 
to 
implement 
the 
provisions 
of 
this 
section 
and 
sections 
12952 
and 
12953. 
The 
commissioner 
shall 
hold 
an 
adjudicatory hearing at the written reguest of a person who has 
been denied a license without a hearing for any reason other than 
failure to pay a reguired fee. as long as the reguest for hearing 
is received by the commissioner within 30 days of the applicant's 
receipt of written notice of the denial of the application. the 
reasons for the denial and the right to reguest a hearing. 
Hearings must be conducted in conformity with Title 5. chapter 
375. subchapter 4. to the extent applicable. 
The commissioner 
may subpoena witnesses. records and documents in any hearing the 
commissioner conducts. 
4. 
Terms of revocation of license. 
A person whose license 
has been revoked under this section may not apply for a 
new 
license for a minimum of 3 years. 
§l0910. 
Qperator's license to caro passengers for hire: 
sUG,pension 
1. 
Suspension. 
The commissioner may initiate proceedings 
in the District Court to suspend the operator's license of an 
operator of a motorboat carrying passengers for hire under the 
following conditions: 
A. 
It is found. 
upon examination under section 13062. 
subsection 4. that any motorboat carrying passengers for 
hire is unsafe: or 
B. 
The commissioner receives satisfactory evidence of the 
operator's intemperance. incompetency or willful violation 
of the law. 
2. Exception. 
This section does not apply to any person who 
operates a watercraft in connection with a boys or girls camp 
located in this State and licensed by the Department of Human 
Services or located in another state and licensed in a similar 
manner in that state. 
CHAPTER 915 
BUlf.I;IBG: SEASaiS, REOUIREMENTS AIm RESTRICTION'S 
SUBCHAPTER 1 
GENERAL BUNTING SEASOH PROVISIONS 
§1095l. Closed season 
1. 
General: prohibition. 
Except as otherwise provided in 
this Part and except as the commissioner may establish by rule 
not inconsistent with this Part, there is a perpetually closed 
season on hunting any wild animal or wild bird. 
§10952. 
Qpen seasons for hunting with boy and arrow 
A person may. except as otherwise provided in this Part. 
hunt any wild bird or wild animal with a hand-held bow and arrow 
during any open season on that bird or animal. 
SOBCIIAPTER 2 
HUNTING LICENSE REQUIREMENTS AND FEES 
§11101. 
Application and issnance 
A resident or nonresident may apply for and the commissioner 
or 
the 
commissioner's 
authorized 
agent 
may 
issue 
a 
written 
license to hunt wild animals and wild birds. 
§11102. 
Age liDai.tation for hunting with JreilPOn: prohibition 
A person under 10 years of age may not hunt wild animals or 
wild birds with firearms. bow and arrow or a muzzle-loader. 
§11103. 
Convicted felon 
A person who is prohibited from possessing a firearm under 
Title IS. section 393. subsection 1 is not eligible to obtain or 
possess any license or permit issued by the department that 
authorizes a person to hunt with a firearm unless that person 
possesses a valid permit in accordance with Title 15. section 
393. subsection 2. 
§11104. 
Mental deficiency or illness: prohibition 
A hunting license may not be issued to a person who is a 
mentally ill person. as defined in Title 34-B. section 3801. or 
who has a mental deficiency or mental illness. as those terms are 
defined in Title 34-B. section 9002. 
§11105. 
Safety course 
1. 
Hunter safety course reqgirements. 
A person who applies 
for a Maine license to hunt with firearms other than a juyenile 
license must submit proof of haying successfully completed a 
hunter 
safety 
course 
as 
provided 
in 
section 
10108 
or 
an 
equiyalent hunter 
safety course or satisfactory eyidence of 
having preyiously held an adult license to hunt with firearms in 
this State or any other state, proyince or country in any year 
beginning with 1976. 
When proof of competency can not otherwise be provided, 
the 
applicant may substitute a signed affidayit that the applicant 
has preyiously held the required adult hunting license or that 
the applicant has successfully completed the required hunter 
safety course. 
§11106. 
Eligibility for arcbe~ hunting license 
1. 
Age requirement. 
A person is eligible to obtain an 
archery hunting license as provided in this section. 
A. 
A resident or nonresident 16 years of age or older who 
has satisfied section 11105 may obtain an archery hunting 
license to hunt with bow and arrow from the commissioner or 
the commissioner's authorized agent. 
B. 
A resident or nonresident 10 years of age or older and 
under 16 years of age may hunt with bow and arrow if that 
person holds a yalid junior hunting license. 
2. 
Arche~ hunter education requirements. 
A person who 
applies for an archery hunting license, other than a 
junior 
hunting 
license, 
must 
submit 
proof 
of 
having 
successfully 
completed an archery hunter education course as described in 
section 10108 or an equivalent archery hunter education course or 
satisfactory evidence of having preyiously held an adult archery 
hunting license issued specifically for the purpose of hunting 
with bow and arrow in this State or any other state, province or 
country in any year after 1979. 
When 
proof or evidence 
can not be 
otherwise 
proyided, 
the 
applicant may substitute a signed affidayit that the applicant 
has preyiously held the required adult archery hunting license or 
has successfully completed the required archery hunter education 
course. 
§11107. 
Eligibility for hunting with muzzle-loader 
This 
section 
goyerns 
eligibility 
for 
hunting 
with 
a 
muzzle-loader. 
1. 
Big game license. 
A person 16 years of age or older at 
the beginning of the special season established under section 
11404. subsection 1 may obtain a muzzle-loading license from the 
commissioner or the commissioner's authorized agent if the person 
possesses a valid license to hunt big game with firearms. 
2. 
Junior license. 
A person 10 years of age or older and 
under 16 years of age may obtain a muzzle-loading license from 
the commissioner or the commissioner's authorized agent if the 
person possesses a valid junior hunting license. 
§11108. 
LandQ1!Ders and jpnjor hunters 
1. 
Buntipg without license. 
Notwithstanding section 11109. 
subsection 1 as it applies to this subchapter. a resident over 10 
years of age and a member of the resident's immediate family over 
years of age. as long as the hunter's license to hunt is not 
under suspension or revocation. 
may hunt without 
a 
license. 
including 
an 
archery 
hunting 
license 
and 
a 
muzzle-loading 
license. on a single plot of land: 
A. 
To which they are legally entitled to possession; 
B. 
On which they are actually domiciled: 
c. 
That is used exclusively for agricultural purposes: and 
D. 
That is in excess of 10 acres. 
2. 
JuniQr Auntgr&. 
A rii!§igii!nt or nQnrii!liiigii!nt hunter lQ 
yii!a,rlii Qf agii! Qr Qlgii!r a,ng yngii!r 112 Yii!a,rlii Qf a,gii! ma,y hynt with 
firii!a,[mlii Qn1y j,a, thii! 
prii!§ii!n~ii! Q'; 
A. 
Tha,t hyntii!r's parii!nt Qr gya,rgia,n: Qr 
B. 
A 
persQn a,t lea,st 18 yea,rs Qf age approved by tha,t 
huntii!r' s pannt Qr gya,rgian whQ ej,thii!r hQlds a, valig Ma,j,nii! 
hunting license 
Qr 
has 
syccessfylly 
cQmp1etii!g 
a, 
hyntii!r 
§a,fii!ty cQyrSii! a,cceptablii! ungii!r sii!ctiQns lQI08 a,ng lllQ5. 
A hyntii!r whQ j,1ii 16 yii!a,rs Qf a,gii! a,ng whQ is hynting with a, juniQr 
hynHng licii!nsii! my§t cQmplii!tii! 
a, hyntii!r §a,fii!ty cQyr§ii! priQr tQ 
hynting withQut thii! a,gult §upii!rvi§iQn rii!qyj,rii!g by thi§ §ii!ctj,on. 
3. 
AllQwing 
junior 
huntgr 
tQ 
hlUlt 
without 
a,dult 
&upervisiQn. 
A pii!rliiQn whQ iii thii! a,gylt §YPii!rvisQ[. parent Qr 
gua,rgia,n of a, hQlgii!r Qf a, junior hynting licii!nsii! yngii!r 16 yii!a,rs 
Qf age. ma,y nQt a,llQw tha,t jyniQr hyntii!r tQ hynt Qthii!r tha,n in 
the presence of, 
and under the supervision of, 
an adult as 
provided in subsection 2. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged, unless otherwise provided. 
4. 
E~iration of junior hunting license. 
A junior hunting 
license issued to a person who has passed that person's 15th 
birthday is valid through the calendar year for which the license 
is issued. 
All other permit requirements for a person who is 16 
years of age or older apply to a person who continues to hunt 
with a junior hunting license. 
For the purposes of this section, "in the presence of" means 
in visual and voice contact without the use of visual or audio 
enhancement devices, including binoculars and citizen band radios. 
§11109. 
Licenses and fees 
1. 
License 
regpired. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not engage in an activity for 
which a license may be issued under this section unless that 
person has a valid license issued under this section. 
Each day a 
person violates this subsection that person commits a Class E 
crime for which a minimum fine of $50 and an amount equal to 
twice the applicable license fee must be imposed. 
2. 
Bunting licenses: agent's fee. 
Clerks or other agents 
appointed by the commissioner to issue licenses and permits shall 
charge 
a 
fee 
of 
$2 
for 
each hunting license 
issued. 
The 
commissioner shall charge a fee of $1 for each hunting license 
issued by department employees. 
3. 
Hunting licenses: combination licenses: feeS. 
Hunting 
licenses, combination licenses and fees are as follows. 
A. 
A resident junior hunting license, for a person 10 years 
of age or older and under 16 years of age, is $5. 
B. 
A resident hunting license, for a person 16 years of age 
or older, is $19. 
C. 
A resident small game hunting license, for a person 16 
years of age or older, which permits hunting for all legal 
species 
except 
deer, 
bear, 
turkey, 
moose, 
raccoon 
and 
bobcat. is $12. 
D. 
A resident combination hunting and fishing license is 
li.CL.. 
E. 
A 
resident 
combination archery hunting 
and 
fishing 
license is $36. 
F. 
A nonresident junior hunting license. for a person 10 
years of age or older and under 16 years of age. is $25. 
G. 
A nonresident small game hunting license. which permits 
hunting of all legal species except deer. bear. 
turkey. 
moose. raccoon and bobcat. is $55. 
H. 
A nonresident 3-day small game hunting license. valid 
for 3 consecutive hunting days. which permits hunting of all 
legal species except deer. bear. turkey. moose. raccoon and 
bobcat for the 72-hour period specified on the license. is 
.l3..O...t-
I. 
A nonresident big game hunting license. which permits 
hunting of all species including deer and bear. is $85. 
J. 
A nonresident combination hunting and fishing license is 
n..u... 
K. 
An 
~li~n small 
game hynting 
li~~ns~. 
whi~h pgrmit§ 
hynting of 
~ll 
§p~!:;i~& 
~X!:;~pt 
g~~r. 
:b~~r. 
tyrk~y. mgg§g. 
r~!:;!:;ggn ang :bg:b~gt. is $70. 
L. 
An glien :big game hynting licgn&g. whi!:;h permits hynting 
gf all species inclyging geer ang :bgar. is $125. 
M. 
An glien cgmbingtign hynting gng fishing license is $176. 
N. 
A li!:;ense tg y§e legsheg gggs tg trg!:;k wgyngeg gggr. 
which permits g persgn tg yse gne gr mgre leasheg gggs tg 
track a lawfylly wgyngeg geer. i& $25. 
4. 
Muzzle loading license: issuance and agent • s fee. 
The 
!:;gmmi&signer. 
thrgygh 
the 
!:;gmmi§&igner's 
agent. 
shgll 
i§&ue 
muzzle-lgaging licenses tg eligi:ble persgns. 
The i&suing agent 
§hgll !:;harge g fee gf $1 fgr egch licen§e issyeg. 
5. 
Muzzle-loading 
licenses 
and 
fees. 
Myzzlg-Ioaging 
hynting li!:;enses gng feg§ are as follow§: 
A. 
A re§igent myzzlg-lgaging hunting license is $11: 
B. 
A nonrgsiggnt myzzlg-lgading hynting licensg i§ $33: ang 
C. 
An glien myzzle-lggging hynting li!:;ense is $58. 
Page lI1-LR2121(1) 
6. 
Issuance of 
arche~ hunting 
license: 
agent"s 
fee. 
Clerks or other agents appointed by the commissioner to issue 
archery hunting licenses must charge a fee of $1 for each archery 
hunting license issued. 
The commissioner shall charge a fee of 
$1 
for 
each 
archery 
hunting 
license 
issued 
by 
department 
employees. 
7. 
Archer.y hunting licenses: combination licenses: fees. 
Archery hunting licenses. combination licenses and fees are as 
follows: 
A. 
A resident archery license is $19: 
B. 
A resident combination 
archery hunting 
and fishing 
license is $36; 
C. 
A nonresident archery license is $55: and 
D. 
An alien archery license is $70. 
BOBTIRG PERMIT REOUIREMEI[lS AIm FEES 
SlllSl. 
Bear hunting permit 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. a person may not hunt for bear without a 
permit from the first Monday preceding September 1st to the day 
preceding the open firearm season on deer. 
This section does not 
apply to trapping for bear. 
Each day a person violates this subsection that person commits a 
Class E crime for which a minimum of $50 and an amount equal to 
twice the applicable license fee must be imposed. 
2. 
EligibiliU: big game license recvrlred. 
A person who 
possesses a valid license to hunt big game may obtain a permit to 
hunt for bear from the commissioner or an authorized agent. 
3. 
IssuaDce: permit fee. 
The commissioner. 
through the 
commissioner's 
authorized agent. 
shall issue 
a 
bear hunting 
permit to an eligible person. 
The annual fee for each permit 
issued is $25 for residents and $65 for nonresidents. 
SlllS2. Antlerless deer: regulation and authority to issue 
permits 
Page ll2-LR2121(l) 
1. 
Permit 
reg)ri.red. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not hunt anterless deer as 
authorized in this section unless that person has a valid permit 
issued under this section. 
2. 
Authority to regulate taking of antlerless deer. 
The 
commissioner may regulate the taking of antlerless deer within an 
area of the State. as necessary to maintain deer populations in 
balance with available habitat if the following conditions are 
m.e.t..... 
A. 
The demarcation of each area must follow recognizable 
physical boundaries 
such 
as 
rivers, 
roads 
and 
railroad 
rights-of-way. 
B. 
The determination must be made and published prior to 
August 1st of each year. 
3. 
Rulemating. 
The commissioner may adopt rules necessary 
for 
the 
administration, 
implementation, 
enforcement 
and 
interpretation of this section. except that there may not be an 
antlerless deer permit system unless otherwise specified in this 
section. 
Rules adopted by the commissioner that provide for 
permits to be issued to nonresident or alien hunters must provide 
~ 
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'% of the antlerless deer permits issued 
in anyone district or in anyone zone may be issued to 
nonresident and alien hunters. 
4. 
Landowner 
consideration. 
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 subsection. 
5. 
Junjor hunter and senior hunter permit transfers. 
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 a person transfers the permit to the junior hunter or 
person 65 years of age or older. that person is prohibited from 
taking an antlerless deer. 
§IIIS3. 
Special season deer permdts: fees 
1. 
Special season deer hunting permdts: authority to issue 
for specia1 season. 
The commissioner may implement a 
permit 
system to regulate hunter participation in a 
special season 
established 
by 
the 
commissioner 
pursuant 
to 
section 
11402. 
subsection 4. paragraph B 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. 
2. 
Prohibition. 
Except as otherwise authorized pursuant to 
this Part. a person may not hunt deer during a special season 
established under this section unless that person has a valid 
permit issued pursuant to this section. 
§111S.. Moose permit 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. a person may not hunt moose unless that 
person has a valid permit issued under this section. 
Each day a 
person violates this subsection that person commits a Class E 
crime for which a minimum fine of $50 and an amount equal to 
twice the applicable license fee must be imposed. 
2. 
Issuance of moose hunting permits. 
In accordance with 
section 11552. the commissioner may issue moose hunting permits 
and may establish the number of moose hunting permits to be 
issued for each wildlife management district established by the 
commissioner by rule open to moose hunting. No more than 10~ of 
the moose hunting permits may be issued to nonresident and alien 
hunters. 
3. 
Moose hunting permdt fee. 
The fee for a moose hunting 
permit is $50 for a resident and $475 for a nonresident or alien. 
4. 
Big game hunting license required. 
While hunting moose 
both the permittee and subpermittee. may not fail to have a valid 
Maine resident. nonresident or alien big game hunting license, 
whichever is applicable. 
Each day a person violates this subsection that person commits a 
Class E crime for which a minimum fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
5. 
Eligibility. Except as provided in this subsection, a 
resident, 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 is ineligible to obtain another permit until 
years have elapsed after the issuance of the last permit. 
This 
limitation does not apply to subpermittees under subsection 7. 
6. 
Ali!PlicatioD procedure. 
An eligible person wishing to 
apply for a permit must file a written application for a permit 
on a form furnished by the commissioner. 
The application fee 
may not be refunded. 
A person may file 
no 
more 
than one 
application. A person who submits more than one application is 
disqualified from the selection of permittees. 
The application 
must be accompanied by an application fee of: 
A. 
For a resident: 
B. 
(1) 
Five dollars for a one-chance application: 
(2) 
Ten 
dollars 
for 
a 
3-chance 
application. 
A 
resident must possess a valid big game hunting license 
to be eligible to purchase a 3-chance application: and 
(3) 
Twenty dollars for 
a 
6-chance application. 
A 
resident must possess a valid big game hunting license 
to be eligible to purchase a 6-chance application: or 
For a nonresident: 
(1) 
Ten dollars for a one-chance application: 
(2) 
Twenty dollars for a 3-chance application: 
O} 
Thirty gQllsU;:~ fQr g fi-~hgn~§! gpplis;;gtiQn. gng 
(4} 
Fifty gQllars fQr a 10-chgns;;§! gpplicgtiQn. 
7. 
Subpermittees. 
An gpplicgnt for 
a 
mQQs§! 
P§!rmit may 
ingicgt§! Qn th§! applicgtiQn fil§!g pursugnt tQ Subs§!ctiQn fi the 
nam§! Qf a subP§!rmitt§!e-g§!signat§! ang th§! nam§! of gn glt§!rnate 
subP§!rmitt§!§!-gesignat§!. 
If 
th§! 
applicgnt is issueg 
a 
mQQse 
permit under subsection 9. the subpermittee-designate becomes a 
subpermittee and the permittee may authorize the subpermittee to 
participate in the moose hunt with the permittee. 
The permittee 
may authorize the alternate subpermittee-designate to participate 
in the 
hunt in place of 
the 
subpermittee-designate if the 
permittee notifies the department of the authorization at least 5 
business days prior to the first day of the moose season. in 
which 
case 
the 
alternate 
subpermittee-designate 
becomes 
the 
subpermittee. 
The 
permittee may 
choose 
not to authorize 
a 
subpermittee to participate in the hunt. 
B. 
Point system for public chance drawing. 
The department 
shall adopt rules to allow a person to accumulate one point for 
each consecutive year that person purchases an application for a 
moose hunting permit but is not selected to receive a permit. 
Each point entitles that applicant to one chance in the public 
chance drawing. 
A person's accumulated points are eliminated if. 
in any year. that person is selected to receive a permit or that 
person fails to purchase a new chance. 
Rules adopted under this 
subsection are routine technical rules as defined in Title 5. 
chapter 375. subchapter 2-A. 
9. 
Selection procedure. Permittees are selected by a public 
chance drawing. 
10. 
Questionnaire. 
Each 
permittee 
shall 
complete 
a 
questionnaire. to be provided by the commissioner. and return 
this questionnaire to the commissioner within a period of 10 days 
after the close of the moose hunting season. 
11. 
Auction 
of 
moose 
hunting 
permits 
to 
fund 
youth 
conservation education programs. 
Notwithstanding subsection 1. 
the COmmissioner may issue not more than 5 moose hunting permits 
each 
year 
through 
public 
auction 
in 
accordance 
with 
this 
subsection. 
A. 
Each moose hunting permit issued under this subsection 
must be awarded through public auction to the applicant who 
submits the highest bid. 
B. 
A person who applies for a moose hunting permit under 
this subsection is subject to the eligibility provisions of 
subsection 5. except that a 
successful applicant is not 
required to wait 2 years in order to obtain another permit. 
C. 
An eligible person wishing to apply for a permit under 
this subsection shall submit a written application in such 
form as the commissioner may require. 
The application must 
be accompanied by a bidding fee of $25, which, except as 
otherwise provided in paragraph D. may not be refunded. 
The 
commissioner may waive the requirements of this paragraph 
when. as provided in paragraph G. 
the commissioner enters 
into a contract with a conservation organization to auction 
the permits. 
D. 
An eligible person may apply for a moose hunting permit 
both through the public chance drawing and in accordance 
with this subsection. 
If a person is selected to receive a 
moose hunting permit as 
a 
result of the public chance 
drawing. that person is no 
longer eligible to obtain a 
permit under this subsection and the bidding fee submitted 
by that person must be refunded. 
E. 
A moose hunting permit issued under this subsection is 
valid in the district designated by the permittee. 
This 
designation must be made within 30 days after the permit is 
awarded. 
F. 
A person who is awarded a moose hunting permit under 
this subsection may select a subpermittee to participate in 
the moose hunt as provided in subsection 7. 
G. 
The 
commissioner may enter into 
a 
contract with 
a 
conservation organization whose goals and objectives are not 
inconsistent with those of the department to advertise this 
process of issuing permits. auction the permits and collect 
revenues. 
H. 
Except as otherwise provided. the provisions of this 
Part relating to moose are applicable to the hunting of 
moose with a permit awarded under this subsection. 
I. 
The 
commissioner may adopt rules necessary for 
the 
proper 
administration. 
implementation. 
enforcement 
and 
interpretation of this subsection. 
J. 
Notwithstanding this subsection. 
the total number of 
moose hunting permits issued each year must be in accordance 
with section 11552. subsection 2. 
12. 
Persons in armed forces ca11ed to serve in armed 
conf1ict. 
A person who is issued a 
moose permit under this 
section and who is subsequently called to active duty in the 
Armed Forces of the United States to serve in an armed conflict 
and is unable to use the permit is entitled to use the same 
permit during the next appropriate season following that person's 
return to the State. 
Permits used under this subsection do not 
affect 
the 
number 
of 
permits 
that 
may 
be 
issued 
by 
the 
commissioner 
under 
this 
section. 
For 
purposes 
of 
this 
subsection. "armed conflict" means any military action in which 
participants are exposed to war-risk hazards as defined in 42 
United States Code, Section l7ll(b). 
§11155. 
Wild turkey hunting pepmits 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. a person may not hunt wild turkey unless 
that person has a valid permit issued under this section. 
Each 
day a person violates this subsection that person commits a Class 
E crime for which a minimum fine of $50 and an amount equal to 
twice the applicable license fee must be imposed. 
2. 
Issuance of vild turkey hunting permits. 
The percentage 
of total wild turkey permits issued to nonresident and alien 
hunters may not exceed the average percentage of applicants for 
wild 
turkey 
permits 
over 
the 
previous 
years 
who 
were 
nonresidents and aliens and may not be more than 10~ of the total 
wild turkey hunting permits issued statewide. 
3. 
Eligibility. 
When a public chance drawing is utilized 
to allocate permits, 
a resident, 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 wild turkey hunting season is eligible to apply for a wild 
turkey hunting permit. 
4. 
Application procedure and fee. 
If wild turkey permits 
are issued by public chance drawing, persons wishing to apply for 
a permit must apply in a manner prescribed by the commissioner. 
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. 
5. 
Wild turkey hunting permit fee. 
The fee for a wild 
turkey 
hunting 
permit 
is 
$10 
for 
residents 
and 
$40 
for 
nonresidents and aliens. 
6. 
Transfer of turkey permits. 
A person who holds a valid 
wild turkey permit may transfer the permit to a junior hunter or 
to a 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 
returning the permit to the department prior to the start of the 
turkey season. 
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 hunt turkey. 
7. 
Landowner; vild turkey permit. 
A wild turkey permit 
system adopted by the commissioner pursuant to subchapter 8 may 
include a 
prov~s~on g~v~ng 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 subsection. 
8. 
Big game license required. 
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. 
Each day a 
person violates this subsection that 
person commits a Class E crime for which a 
m~n~mum fine of $50 
and an amount equal to twice the applicable license fee must be 
imposed. 
511156. Pheasant hunting permit 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. 
a 
person may 
not hunt pheasant in 
Cumberland County or York County unless that person has a valid 
permit issued under this section. 
Each day a person violates 
this subsection that person commits a Class E crime for which a 
minimum fine of $50 and an amount equal to twice the applicable 
license fee must be imposed. 
2. 
Rules. 
The commissioner may adopt rules necessary for 
the proper administration. enforcement and interpretation of this 
section. 
3. 
Isspance. 
The 
commissioner 
or 
the 
commissioner's 
authorized agent may issue 
a 
pheasant hunting permit to 
an 
applicant 16 years of age or older permitting the applicant to 
hunt or possess pheasants in Cumberland County and York County. 
A person under 16 years of age may hunt or possess pheasants in 
accordance with this Part. except that a person under 16 years of 
age is not required to purchase or carry a 
pheasant hunting 
permit in order to hunt or possess pheasants. 
4. 
Fee. 
The fee for a pheasant hunting permit is $16. $1 
of which is retained by the commissioner's authorized agent. 
511157. Migratoxy waterfowl permit 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. a person may not hunt migratory waterfowl 
unless that person has a valid permit issued pursuant to this 
section. 
Each day a person violates this subsection that person 
commits a Class E crime for which a minimum fine of $50 and an 
amount equal to twice the applicable license fee must be imposed. 
2. 
Issuance 
of 
permit. 
The 
commissioner 
or 
the 
commissioner's authorized agent shall issue a migratory waterfowl 
hunting 
permit 
to 
an 
applicant 
years 
of 
age 
or 
older 
permitting the applicant to hunt or possess migratory waterfowl. 
A person under 16 years of age may, without a permit. hunt or 
possess migratory waterfowl in accordance with this Part. 
3. 
Fee. 
The fee for a migratory waterfowl hunting permit 
is $5.50, 25¢ of which must be retained by the agent. 
4. 
Possession of valid permit: 
exPiration date. 
The 
following restrictions apply to migratory waterfowl permits. 
A. 
A permittee shall keep an unexpired, validated migratory 
waterfowl hunting permit on that person when hunting or 
possessing migratory waterfowl. 
B. 
Migratory waterfowl hunting permits expire on June 30th 
following the season for which the permits were issued. 
§11158. 
MigratO~ game bird certification 
1. 
Certification required: exC!el¢ion. 
A person may not 
hunt migratory game birds unless that person is certified under 
this section. 
This section does not apply to a resident of the 
State who is 70 years of age or older and who is issued a 
complimentary license pursuant to section 10853, subsection 1. 
A person who violates this subsection commits a civil yiolation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged, unless otherwise specified. 
2. 
Eligibility. 
A resident of the State, nonresident or 
alien who is eligible to obtain a 
state hunting license is 
eligible to be certified to hunt migratory game birds. 
3. 
Certification procedure. 
An eligible person becomes 
certified to hunt migratory game birds when that person indicates 
on that person's hunting license at the time of purchase the 
intention to hunt migratory game birds during the calendar year 
for which the license is valid. 
§11159. Falc~ hunting permit 
1. 
Permit regyired. 
Except as otherwise authorized in this 
Part, a person may not engage in the practice of falconry unless 
that person has a valid permit issued under this section. 
Each 
day a person violates this subsection that person commits a Class 
E crime for which a minimum fine of $50 and an amount equal to 
twice the applicable license fee must be imposed. 
2. 
Eligibility. 
A person who possesses a valid hunting 
license is eligible to obtain a permit from the commissioner to 
engage in the practice of falconry. 
3. 
ISSUance and fee. 
The commissioner shall issue permits 
to eligible persons to engage in the practice of falconry at a 
fee of $24. 
A. 
The permit may be for 
a 
one-year. 
2-year or 3-year 
period at a fee equivalent to the sum of the annual fees 
established for each of the years for which the permit is 
issued. 
B. 
A person not a resident of the State who holds a valid 
permit to engage in the practice of falconry in another 
state may import and use raptors in this State for up to 30 
days solely for the purpose of hunting without the permit 
described in this section if that person holds a valid Maine 
hunting license issued in accordance with subchapter 2. 
A 
person must have both the permit to engage in the practice 
of falconry in the other state and the Maine hunting license 
in possession at all times while engaged in the practice of 
falconry in this State. 
These documents must be exhibited 
to a warden or employee of the department upon request. 
4. 
Rules. 
The commissioner may adopt rules necessary for 
the proper administration and enforcement of this section. 
5. 
Compliance with rules and regulations. 
Falconry hunting 
is subject to the following limitations. 
A. 
A person who holds a valid falconry hunting permit may 
take. possess and use any raptor. except as provided in this 
Part or by federal regulation and except as the commissioner 
may by rule provide. 
B. 
Persons engaged in the practice of falconry are subject 
to all rules 
adopted by the commissioner pertaining to 
seasons and bag limits on wild birds and wild animals. 
§1116Q. 
Co.yote night hunting permit 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not hunt coyote at night 
unless that person has a valid permit issued under this section. 
Each night a person violates this subsection that person commits 
Page l2l-LR2l2l(1) 
a Class E crime for which a minimum fine of $50 and an amount 
equal to twice the applicable license fee must be imposed. 
2. 
Eligibility: hunting license required. 
A person who 
possesses a valid hunting license is eligible to obtain a permit 
from the commissioner to hunt coyotes at night. except that a 
permit may not be issued to a person who has been convicted of a 
violation of section 11206 
within 
years 
of 
the date 
of 
application for the permit. 
3. 
Isspance. 
The commissioner shall issue a permit to hunt 
coyotes at night to eligible persons at a fee of $2. 
SlJBCBAP'.rER 4 
GENERAL UBLAWFUL ACTS PER".[AIRIRG '1'0 BlJBTIBG 
§ll20l. 
Bunting during closed season 
A person may not hunt any wild animal or wild bird during 
the closed season or possess any wild 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. 
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 involving a term of imprisonment not to 
exceed 180 days: the court also shall impose a fine of not less 
than $1.000. none of which may be suspended. 
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 may be suspended: 
the court also shall impose a fine of not less than $1.000. none 
of which may suspended. 
§11202. 
Unity utilities District: closed season 
There is a perpetually closed season on all wild animals and 
wild birds on property owned by the Unity Utilities District 
located on Route 139 and Prairie Road in the municipality of 
Unity in Waldo County. 
§ll203. 
Bunter orange cloth j ng 
Page l22-LR2l2l(l) 
1. 
Bunter orange reqy.i.red. 
A person may not hunt with 
firearms during the open firearm season on deer unless that 
person is wearing 2 articles of hunter orange clothing that are 
in good. serviceable condition and visible from all sides. except 
that a 
person hunting waterfowl 
from a boat or blind or in 
conjunction with waterfowl decoys is not required to wear hunter 
orange clothing. 
One article of clothing must be a solid-colored 
hunter orange hat. 
The other article of clothing must cover a 
major portion of the torso. such as a 
jaCket. vest. coat or 
poncho. and must be a minimum of 50~ hunter orange in color. 
The 
presence of a decal on an article of clothing that is otherwise 
solid-colored hunter orange does not disqualify that article of 
clothing from satisfying the requirements of this subsection. 
2. 
Penalty. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§11204. 
Criminal tre€pass 
A person may not possess a wild animal or wild bird taken 
while criminally trespassing as described in Title 17-A. section 
402. except as otherwise prOvided in this Part. 
A person who 
violates this section commits a Class E crime. 
§1120S. 
BUDtiDg on Sunday 
1. 
Prohibition. 
A person may not: 
A. 
Hunt wild animals or wild birds on Sunday; or 
B. 
Possess any wild animal or wild bird taken in violation 
of paragraph A except as otherwise provided in this Part. 
A person who violates this subsection commits a Class E crime. 
§11206. Right hunting 
1. 
Prohibition. 
A person may not: 
A. 
Hunt wild birds from sunset to 112 hour before sunrise 
of the following day; 
B. 
Hunt wild 
animals. 
except 
raccoons 
and 
coyotes 
as 
provided in this Part. from 1/2 hour after sunset until 1/2 
hour before sunrise the following day; or 
C. 
Possess any wild animal or wild bird taken in violation 
of paragraphs A and B except as otherwise provided in this 
Part. 
A person who violates this subsection commits a Class D crime for 
which the court shall impose a sentencing alternative of not less 
than 
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. 
§11207. 
Twilight hunting 
1. 
Prohibition. 
Except for raccoons as provided in this 
Part, a person may not: 
A. 
Hunt wild animals between 15 minutes after sunset and 
hour after sunset during the open firearm season on 
deer: or 
B. 
Possess any wild animal or wild bird taken in violation 
of paragraph A except as otherwise provided in this Part. 
§11208. 
Unlawful shooting or discharge of firearm 
1. 
Shooting or discharge of firearm over or near public 
paved 
~. A person may not: 
A. 
Shoot at any wild animal or wild bird from any public 
paved way or within 10 feet of the edge of the pavement of 
the public paved way or from within the right-of-way of any 
controlled access highway: 
B. 
Discharge any firearm over a public paved way: or 
C. 
Possess any wild animal or wild bird taken in violation 
of paragraph A or B, except as otherwise provided in this 
~ 
This subsection does not prohibit a person who has a valid permit 
to carry a concealed weapon from possessing that weapon on or 
near a public paved way as long as it is not used for shooting at 
wild animals or wild birds or discharged in violation of this 
subsection. 
A person who violates this subsection commits 
a 
Class E crime. 
§11209. 
Discharge of firearm near dwelling 
1. 
PrOhihition. 
A person may not: 
A. 
Unless a relevant municipal ordinance provides otherwise 
and 
except 
as 
provided 
in 
sections 
12401 
and 
12402, 
discharge 
a 
firearm within 100 
yards 
of 
a 
residential 
dwelling without the permission of the owner or. in the 
owner's absence. of an adult occypant of that dwelling: or 
B. 
Possess a wild animal or wild bird taken in violation of 
this subsection. except as otherwise provided in this Part. 
This subsection may not be construed to prohibit a person from 
killing or taking a wild animal in accordance with sections 12401 
and 12402. 
A person who violates this subsection commits a Class E crime. 
§11210. 
Shooting domestic animals 
Except as provided in section 12404. subsection 6, paragraph 
C, a person may not, while on a hunting trip or in the pursuit of 
wild animals or wild birds, intentionally, knowingly, recklessly 
or negligently shoot and wound or kill any domestic animal, 
including. but not limited to, a dog, cat or domestic bird. 
A 
person who violates this section commits a Class E crime. 
§11211. 
Unlawful use of firearm in Southport 
A person may not use any firearm other than a shotgun in the 
Town of Soutbport or the islands within the confines of the Town 
of Southport. 
A person wbo violates this section commits a civil 
violation for which a forfeiture of not more than $100 nor less 
than $500 may be adjudged, unless otherwise specified. 
§11212. 
Motor vehic1es and motorboats 
1. 
Probjbition. 
The following provisions apply to shooting 
from a motor vehicle or motorboat or possessing a loaded firearm 
in a motor vehicle. 
A. 
A person may not shoot while in or on a motor vehicle or 
motorboat or while in or on a trailer or otber type of 
vehicle being hauled by a motor vehicle except: 
(1) 
A person may 
hunt migratory waterfowl 
from 
a 
motorboat in accordance with federal regulations; 
(2) 
Paraplegics and single or double amputees of the 
legs may shoot from motor vehicles that are not in 
motion: and 
(3) 
A person may sboot from a motorboat when the motor 
is shut off and the boat is drifting. beached. moored, 
resting at anchor or is being propelled solely by 
paddle, oars or pole. 
B. 
A person may not, while in or on a motor vehicle or in 
or on a trailer or other type of vehicle being hauled by a 
motor vehicle, have a firearm with a cartridge or shell in 
the chamber or in an attached magazine, clip or cylinder or 
a muzzle-loading firearm charged with powder, lead and a 
primed ignition device or mechanism, except that 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. 
c. 
A person may not possess a wild animal or wild bird 
taken in violation of paragraph A or B, except as otherwise 
provided in this Part. 
Sl1213. 
Shooting at or near wildfowl decoys 
1. 
Prohibition. 
A person may not with a firearm: 
A. 
Shoot or shoot at a wildfowl decoy of another: or 
B. 
Shoot within an area encompassed by a set of another 
person's wildfowl decoys, including the area 50 yards away 
from the outer perimeter of the set of decoys. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged, unless otherwise specified. 
Sl12l4. 
Unlawful use or possession of imPlements or aids 
1. 
Prohibition. 
A person may not: 
A. 
Use for hunting or possess for hunting any automatic 
firearm. 
This paragraph does not apply to: 
(1) 
Military organizations authorized by law to bear 
arms or to the National Guard in the performance of its 
duty: or 
(2) 
Firearms using the .22 caliber rimfire cartridge 
or to any autoloading pistol having a barrel less than 
inches in length: 
B. 
Use for hunting or possess for hunting any autoloading 
firearm 
having 
a 
magazine 
capacity 
of 
more 
than 
cartridges. 
All 
autoloading 
firearms 
having 
a 
magazine 
capacity in excess of 5 cartridges must have the magazine 
permanently altered to contain not more than 5 cartridges 
before the autoloading firearm may be used in this State for 
hunting. 
This paragraph does not gpply to: 
(1) 
Military organizations authorized by law to bear 
arms or to the National Guard in the performance of its 
duty: or 
(2) 
Firearms using the .22 caliber rimfire cartridge 
or to any autoloading pistol having a barrel less than 
inches in length: 
c. 
Use for hunting or possess for hunting any firearm 
fitted or contrived with a device for deadening the sound of 
explosion. 
This paragraph does not apply to: 
(1) 
Military organizations authorized by law to bear 
arms or to the National Guard in the performance of its 
.dYllL. 
D. 
Use for hunting cartridges containing tracer bullets. 
This paragraph does not apply to: 
(1) 
Military organizations authorized by law to bear 
arms or to the National Guard in the performance of its 
duty: or 
(2) 
Firearms using the .22 caliber rimfire cartridge 
or to any autoloading pistol haying a barrel less than 
inches in length: 
E. 
Use 
for 
hunting 
cartridges 
containing 
explosive 
bullets. 
This paragraph does not apply to: 
(1) 
Military organizations authorized by law to bear 
arms or to the National Guard in the performance of its 
duty: or 
(2) 
Firearms using the .22 caliber rimfire cartridge 
or to any autoloading pistol having a barrel less than 
inches in length: 
F. 
Hunt 
migratory 
game 
birds 
with 
a 
shotgun 
of 
any 
description originally 
capable 
of 
holding 
more 
than 
shells. unless the shotgun's magazine has been cut off. 
altered or plugged with a 
one-piece filler incapable of 
removal without disassembling the gun so as to reduce the 
capacity of the gun to not more than 
shells in the 
magazine 
and 
chamber 
combined. 
This paragrgph does not 
apply to: 
Page l27-LR2l21(1) 
(1) 
Military organizations authorized by law to bear 
arms or to the National Guard in the performance of its 
.!lYllL 
G. 
Hunt a wild animal or wild bird with a crossbow or set 
1wt.i.. 
H. 
Use for hunting or possess for hunting an arrow having 
either an explosive or poisonous tip: 
I. 
Allow duck decoys to remain in waters of Merrymeeting 
Bay at any time during the period from one hour after legal 
shooting time until one hour before legal shooting time the 
next day: 
J. 
Leaye or allow to remain in waters of Merrymeeting Bay 
an artificial cover, that is, a "stationary blind," or parts 
of an artificial cover used for hunting purposes between one 
hour after legal shooting time and one hour before legal 
shooting time the next day: 
K. 
Use a dog to hunt deer or moose, except as provided in 
section 11109, subsection 3, paragraph N: 
L. 
Use an artificial light, snare, trap or set gun to hunt 
deer or moose. 
This paragraph does not affect or restrict 
the legitimate possession and sale of flashlights: 
M. 
Use artificial lights between 1/2 hour after sunset and 
hour before sunrise the next day to illwninate, jack, 
locate, attempt to locate or show up wild animals or wild 
birds from September 1st to December 15th of each calendar 
year. 
This paragraph does not affect chapter 921. or any 
rule issued in accordance with section 10104, subsection 1: 
N. 
Hunt a wild animal or wild bird by any method other than 
by the usual method of shooting with a firearm not larger 
than nwnber 10-gauge or shooting with a hand-held bow and 
arrow or by falconry: or 
o. 
Possess a wild animal or wild bird taken in violation of 
this section, except as otherwise provided in this Part. 
§11215. 
Use of motorized vehicle to kill, injure or molest 
vild animals or vild birds 
A person may not intentionally kill, injure or molest a wild 
animal or wild bird with a motor vehicle, motorboat or aircraft. 
A person who violates this section commits a Class E crime. 
§11216. 
Bunting with aid of aircraft 
1. 
Prohjbition on use of aircraft to hunt. 
A person on the 
ground or airborne may not use an aircraft to aid or assist in 
hunting: 
A. 
Bear; 
B. 
Deer: or 
C. 
Moose. 
2. 
PmlaJties. 
The 
following 
penalties 
apply 
to 
this 
section. 
A. 
A person who violates subsection 1 without the taking of 
a bear. deer or moose commits a civil violation for which a 
forfeiture of not less than $100 nor more than $500 may be 
adjudged. unless otherwise specified. 
B. 
A person who violates subsection 1 and takes a bear. 
deer or moose commits a Class E crime for which the court 
shall impose a fine of not less than $500. none of which may 
be suspended. 
§11217. 
Buing and selling wild animal S and wild birds 
1. 
Prohibition against byying and selling bear« deer« moose 
or wild turkey. 
Except as provided in subsection 2. a person may 
not: 
A. 
Buy. sell or offer for sale or barter a: 
(1) 
Bear; 
(2) 
Deer; 
(3) 
Moose; or 
(4) 
Wild turkey; 
B. 
Aid in buying. selling or offering for sale or bartering 
(1) 
Bear; 
(2) 
Deer; 
Page l29-LR2121(l) 
(3) 
Moose; or 
(4) 
Wild turkey; or 
C. 
Counselor otherwise aid in buying, selling, offering 
for sale or bartering a: 
(1) 
Bear; 
(2) 
Deer; 
(3) 
Moose; or 
(4) 
Wild turkey. 
2. 
Exception. 
A person may sell: 
A. 
The head. teeth, gall bladder. claws and hide of a bear; . 
B. 
Notwithstanding section 10606 as it applies to section 
12954, the skin and head of a deer lawfully registered by 
that person; 
C. 
The head, antlers, feet and hide of a deer and the meat 
from domesticated deer for use as food only in accordance 
with Title 7, chapter 202; and 
D. 
The head, antlers, bones, feet and hide of a moose. 
3. 
Prohjbition regarding selling of wild birds. 
A person 
may not sell or possess for sale a wild bird, except as provided 
in this Part. 
A person may sell the plumage of lawfully taken 
wild birds if that sale does not violate regulations of the 
federal Migratory Bird Treaty Act. 
4. 
Penalty. 
A person who violates this section commits a 
Class D crime for which the court shall impose a 
sentencing 
alternative involving a term of impriSOnment of not less than 10 
days for the first offense, none of which may be suspended, and 
not less than 20 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. 
§11218. 
Game feeS 
A person may not charge any fee for access to land if the 
fee is contingent upon the taking of game on the land or directly 
related to the taking of game on the land unless the land is an 
authorized 
commercial 
shooting 
area 
licensed 
under 
section 
12101. 
This section does not apply to: 
1. 
Gate fees. 
Gate fees or other access fees that are 
unrelated to the taking of game: 
2. 
Guiding fees. 
Fees charged by licensed guides or other 
fees that are unrelated to access to land: or 
3. 
Fees for placing bear bait. 
Fees that are directly 
related to the placing of bear bait on land. 
A person who violates this section commits a Class E crime. 
§112l9. 
Bunting on state game farm 
A person may not hunt on a state game farm at any time. 
A 
person who violates this section couunits a civil violation for 
which a forfeiture of not less than $100 nor more than $500 may 
be adjudged, unless otherwise specified. 
§11220. 
Bunting in licensed wildlife grbihit 
A person may not hunt in a licensed wildlife exhibit at any 
time. 
A person who 
violates this section 
commits 
a 
civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged, unless otherwise specified. 
§1122l. Disposal of offal: littering 
A person may not drop, deposit, discard, dump or otherwise 
dispose of a carcass, waste parts or remains of a wild animal, 
except waste parts or remains resulting from the normal field 
dressing of lawfully harvested wild game or the lawful use of 
waste parts or remains of wild game as bait. 
A person who violates this section commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may 
be 
adjudged. 
Additionally, 
a 
person who 
violates this 
section violates the Maine Litter Control Act, Title 17, chapter 
and is subject to the penalties set forth in that Act. 
§11222. Target identification while hunting 
1. 
Findings. 
Due to the large numbers of Maine citizens 
and visitors engaged in hunting in the State's woods during 
hunting 
season. 
the 
continued 
decline 
of 
unpopulated 
areas 
through the State, the widespread use of powerful weapons in the 
pursuit of wild animals and wild birds and the growing presence 
of nonhunters engaged in nonhunting activities in the State's 
woods 
during 
hunting 
season, 
the 
Legislature 
finds 
that 
a 
sufficient risk of serious bodily injury or death to human beings 
is posed to make it necessary'and prudent to proyide guidance to 
those in pursuit of wild animals and wild birds on the matter of 
proper target identification. 
2. 
Target identification. 
While hunting, a hunter may not 
shoot at a target without, at that point in time, being certain 
that it is the wild animal or wild bird sought. 
A. 
The target-determining process to be utilized is that 
which a reasonable and prudent hunter would obserye in the 
Same situation. 
A reasonable 
and prudent hunter 
always 
bears the risk of loss of legitimate prey to avoid the risk 
of the destruction of human life. 
A reasonable and prudent 
hunter neither disregards the risk of causing the death of 
another human being nor fails to be aware of that risk as a 
consequence of misidentification. 
A reasonable and prudent 
hunter neyer bases identification upon sound alone or even 
upon 
sound 
in combination with what 
appears 
to 
be 
an 
appendage 
of 
the wild 
animal 
or wild bird sought. 
A 
reasonable 
and 
prudent 
hunter, 
independent 
of 
these 
target-determining 
factors, 
bases 
identification 
upon 
obtaining an essentially unobstructed yiew of the head and 
torso of the potential target. 
This yisual sighting is the 
most critical target-determining factor. 
Visual sighting of 
the head and torso may present itself intermittently or 
continuously. 
If presented intermittently, a reasonable and 
prudent 
hunter 
does 
not 
make 
a 
target-identification 
decision until this visual sighting exists at the point in 
time the hunter takes aim and is making final preparation to 
shoot. 
A 
reasonable 
and 
prudent 
hunter 
additionally 
recognizes that these 
sound and sight target-determining 
factors are affected by a 
number of other considerations, 
including, but not limited to, the distance to the target, 
surrounding or interyening terrain and coyer, lighting and 
weather conditions, the hunter's own ability to hear and 
see, the hunter's own experience and the proximity of other 
persons in the hunter's immediate yicinity. 
3. 
Penalty. 
A person who yiolates subsection 2 commits a 
Class E crime. 
§11223. 
Aid to injured person and reporting hunting accident 
1. 
Duty. 
A person who knows or has reason to know that 
that person has inflicted injury or may have inflicted injury on 
another person by the use of a firearm or bow and arrow shall: 
A. 
Make that person known to the victim; 
B. 
Render first aid and 
assistance as 
that person is 
capable of rendering under the circumstances: and 
C. 
Giye notice of the event by the quickest means to a game 
warden or, in the event that a 
game warden can not be 
contacted, to the law enforcement officer nearest the place 
where the event occurred. 
2. 
Prohibition. 
A person may not fail to comply with the 
requirements of subsection 1. 
3. 
Penalty. 
A person who fails to aid an injured person or 
report a hunting accident in accordance with this section commits 
a Class C crime. 
SUBCBAP"lER 5 
BEAR BUBTIBG 
ARTICLE 1 
BEAR SEASONS 
§11251. Qpen and closed seasons 
1. 
Qpen season on bear: coamissioner's authority. 
This 
subsection governs the open and closed seasons on bear. 
A. 
There is an open season on hunting bear from the first 
Monday preceding September 1st to November 30th annually. 
The commissioner may, pursuant to section 10104, subsection 
1. adopt rules prohibiting the use of bait to hunt black 
bear during any portion of the open bear hunting season. 
B. 
There is an open season on using a 
dog or dogs in 
conjunction 
with 
bear 
hunting 
from 
the 
first 
Monday 
preceding 
September 
1st to the 
day preceding the 
open 
firearm season on deer provided in sections 11401 and 11402. 
C. 
The commissioner may shorten the open seasons on bear as 
established in paragraphs A and B in any part of the State 
as long as: 
(1) 
The demarcation of the areas with 
a 
shortened 
season follows recognizable physical boundaries such as 
rivers and railroad rights-of-way: and 
(2) 
The 
decision is 
made 
and 
published prior 
to 
February 1st of any year. 
D. 
The commissioner may terminate the open season on bear 
as established in paragraphs A and B at any time in any part 
of the State if, in the commissioner's opinion, an immediate 
emergency 
action 
is 
necessary 
due 
to 
adverse 
weather 
conditions or severe hunting or trapping pressure. 
ARTICLE 2 
BlJB.tIBG METHODS SPECIFIC '1'0 BEAR 
§11301. 
Placing of bear bait 
1. 
Bear baiting. 
A person may not use bait to hunt or trap 
black bear, unless: 
A. 
The bait is placed at least 50 yards from a travel way 
that 
is 
accessible 
by 
a 
conventional 
2-wheel-driv e 
or 
4-wheel-drive vehicle: 
B. 
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: 
C. 
The bait is placed more than 500 yards from a dump or 
campground: 
D. 
The bait is placed more than 500 yards from an occupied 
dwelling, unless written permission is granted by the owner 
or lessee: 
E. 
The bait is placed not more than 30 days before the 
opening day of the season and not after October 31st; 
F. 
The bait areas will be cleaned up by November 10th, as 
defined by the state litter laws: and 
G. 
The person hunting from a 
stand or blind of another 
person has permission of the owner of that stand or blind. 
§11302. 
Bunting bear with dogs 
1. 
Limit on Dumber of dogs. 
A person may not, while either 
hunting alone or hunting with other persons, use more than 4 dogs 
at anyone time to hunt bear. 
2. 
Nonresidents hunting with dogs. 
A nonresident may not 
hunt bear with the use of a dog or dogs unless that nonresident 
employs and hunts with a resident Maine guide. 
Page l34-LR2l2l(l) 
A. 
The total number of clients with a resident Maine guide 
may not be more than 3 in order to satisfy the reguirements 
of this subsection. 
This subsection does not apply to nonresidents who hold a valid 
Maine guide license. 
§11303. 
Bunting bear near dmgps 
1. 
Dump 
demarcation. 
The 
commissioner, 
or 
the 
commissioner's agent, shall establish a line of demarcation at 
least 200 yards from sites permitted or licensed for the disposal 
of solid waste. 
2. 
Prohjbition. 
A person may not hunt, trap, molest or 
harass a bear or release dogs for the purpose of hunting bear 
within the area described in subsection I. 
The commissioner, or 
the commissioner's agent, is exempt from this prohibition for the 
purpose of live-trapping nuisance bears. 
3. 
Pemllty. 
A person who violates subsection 2 commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§11304. 
Permission to harvest another person's bear 
A person may not, without the permission of the person 
conducting the hunt, kill or wound a bear that is treed or held 
at bay by another person's dog or dogs. 
ARTICLE 3 
PQSSESSICII OF BEAR 
§11351. 
Bear bag limit 
1. 
Bunting or trapping bear after haying killed one. 
A 
person may not hunt or trap bear after that person has killed or 
registered one during any open season. 
A person who violates 
this subsection commits a Class D crime for which the court shall 
impose a sentencing alternative involving a term of imprisonment 
not to exceed 180 days; the court also shall impose a fine of not 
less than $1,000, none of which may be suspended. 
2. 
Exceeding bag limit 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 involving a term of imprisonment not to exceed 180 
days: the court also shall impose a fine of not less than $1,000, 
none of which may be suspended. 
§11352. 
Bear tags and tagging bear 
1. 
Bear tags. 
The commissioner shall prescribe the form 
and content of a bear tag and produce a bear tag that is part of 
a big game hunting license. 
2. 
Prohjbition. 
A person may not. prior to presenting a 
bear for registration. possess or leave in the field or forest a 
bear killed by that person that does not have securely attached 
to it and plainly visible a 
bear tag that conforms to the 
requirements of subsection I. 
3. 
Penalty. 
A person who violates this section commits a 
civil violation for which a forfeiture of not more than $100 nor 
more than $500 may be adjudged. 
§11353. 
Leaving harvested bear 
1. 
Prohibition. 
A person who kills a bear may not leave 
the bear without taking it with that person unless the person 
notifies a warden within 18 hours of the location of the bear and 
the circumstances necessitating leaving the bear. 
2. 
Penalty. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. unless otherwise specified. 
§11354. 
Possessing gift bear 
Except as provided in section 12351, 
and notwithstanding 
section 12356. subsection 1. a person may not possess parts of a 
bear given to that person unless each part is plainly labeled 
with the name and address of the person: 
1. 
Person who registered. 
Who registered the bear; 
2. 
Recipient. 
To whom the part of the bear was given; or 
3. 
Transporter. 
Who transports the part or parts of the 
bear. if that person is a 3rd party. 
A person who violates this section commits a Class E crime. 
SUBCHAPTER 6 
DEER BON'tING 
ARTICI.E 1 
DEER SEASQHS 
§1140l. 
Qpen and closed seasons for deer 
1. 
Open and closed seasons. This subsection applies to open 
and closed seasons for deer. 
A. 
Except as otherwise provided in this subsection and 
sections 10952. 11152. 11403 and 11404 or by rule adopted by 
the commissioner pursuant to section 11402. subsection 4. 
there is an open season for deer in each calendar year in 
all 
counties 
of 
the 
State 
between 
September 
15th 
and 
December 15th annually. 
In a year that the regular season 
extends beyond November 30th. the regular season must start 
no later than the 4th Monday preceding Thanksgiving. 
B. 
The commissioner may shorten the open season on deer in 
any part of the State. as long as: 
(1) 
The demarcation of the areas with the shortened 
season follows recognizable physical boundaries. such 
as rivers and railroad rights-of-way: 
(2) 
The determination is made and published prior to 
June 1st of any year: and 
(3) 
The 
Saturday preceding the first day of open 
season on deer is an open day for residents of the 
State only. 
C. 
The commissioner may terminate the open season on deer 
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. 
D. 
Whenever a section of the State is 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 of the State for a per iod 
not to exceed the number of days lost. 
§11402. 
Special regulations 
1. 
VinQlhaven: open season. 
There is an open season on 
deer in the Town of Vinalhaven. 
and the islands within the 
confines of the Town of Vinalhaven. to conform with the open 
season on deer for Knox County. 
2. 
Soutbport: open season. 
There is an open season on deer 
in the Town of Southport, and the islands within the confines of 
the Town of Southport, to conform with the open season on deer in 
Lincoln County. 
3. 
Closed season. 
Except as provided by rule pursuant to 
subsection 4, there is a continual closed season on deer in the 
following places: 
A. 
Mount Desert Island: 
B. 
Cross Island in Washington County: 
C. 
Scotch Island in Washington County: 
D. 
The Town of Isle au Haut and the islands within the 
confines of the Town of Isle au Haut in Knox County: 
E. 
All of Swans Island in the Town of Swan' s Island in 
Hancock County: 
F. 
The Town of Islesboro in Waldo County, except that a 
person may hunt deer in that town with bow and arrow from 
the first day of 
the special 
archery 
season 
on deer, 
established in accordance with section 11403, subsection 2, 
to the end of the regular firearm season on deer of each 
calendar year in Waldo County: 
G. 
The whole of Cranberry Isles in Hancock County, except 
that a person may hunt deer in the Cranberry Isles with a 
shotgun or archery equipment in accordance with applicable 
laws and rules: and 
H. 
The whole of Long Island in Long Island Plantation in 
Hancock County. 
4. 
Rule. 
The commissioner by rule may: 
A. 
Open any of the areas closed to deer hunting under 
subsection 3, 
as 
long as 
the legislative body of each 
affected town approves the opening. 
For purposes of this 
subsection, 
"affected 
town" 
means 
a 
town. 
township 
or 
municipality that contains within its borders 
any 
area 
proposed to be opened under this paragraph: 
B. 
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 provisions of 
this paragraph. 
(1) 
The 
demarcation 
of 
each 
area 
must 
follow 
recognizable physical boundaries, such as rivers, roads 
and railroad rights-of-way. 
(2) 
The determination of these areas must be made and 
published prior to August 1st of each year. 
(3) 
The 
commissioner 
may establish limits 
on 
the 
number of deer taken or possessed by persons during a 
special season. 
Limits established by the commissioner 
under this subparagraph are exceptions to the limits 
imposed under section 11501. 
(4) 
The commissioner may specify types of weapons to 
be used during a special season: and 
C. 
Establish a youth deer hunting day. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
§11403. 
Archety=on1y deer hunting season 
1. 
LiCense required. 
Except as provided in section 11108, 
subsection 1 or otherwise authorized by this Part, a person 16 
years of age or older may not hunt deer with a bow and arrow 
during the special open season on deer as provided under this 
section unless that person has a valid archery hunting license. 
Each day a person violates this subsection that person commits a 
Class E crime for which a minimum fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
2. 
<men archety season on deer. 
The commissioner shall by 
rule establish a special archery season beginning at least 30 
days prior and extending to the beginning of the regular deer 
hunting season, as described in section 11401, 
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. 
A. 
A person may not take a deer during a special arChery 
season unless that person uses a hand-held bow and broadhead 
arrow with the following specifications. 
(1) 
Bows must have a minimum draw weight of 35 pounds. 
(2) 
Arrowheads must be at least 7/8 inch in width. 
B. 
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 a person who 
holds a license that allows hunting with firearms may carry 
a handgun. 
C. 
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. 
D. 
Except as provided in this subsection, the provisions of 
this Part 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. 
§11404. 
Muzzle-loading-only deer hunting season 
1. 
Muzzle-loading-only OpeD season OD deer. 
There is a 
special muzzle-loading open season on deer immediately following 
the regular deer hunting season established under section 11401, 
subsection 1, paragraph A for the purpose of hunting deer only 
with 
muzzle-loading 
firearms 
as 
defined 
in 
section 
10001, 
subsection 42. 
The commissioner may terminate this open season 
at any time in an area if, in the commissioner I s opinion, an 
immediate emergency action is necessary due to adverse weather 
conditions or severe hunting pressure. 
The length of the special 
muzzle-loading season is as follows. 
A. 
The commissioner shall establish by rule the length of 
the special muzzle-loading season. 
The 
commissioner may 
establish seasons of different lengths in different regions 
of the State. 
The season may extend for no more than 12 
hunting days in any part of the State. 
2. 
Applicability of laws. 
The following provisions apply 
during the muzzle-loading open season. 
A. 
The commissioner I s authority to regulate the harvest of 
antlerless deer under section 11152 is applicable during the 
muzzle-loading hunting season. 
B. 
Deer tags for the muzzle-loading open season must be 
issued for use in the Same manner as regular deer tags. 
C. 
Except as provided in this section, the provisions of 
this Part relating to deer apply to the taking of deer with 
muzzle-loading firearms. 
ARTICLE 2 
Page l40-LR2121(1) 
BQHTIRG ME7BOPS SPECIFIC TO DEER 
§11451. 
Bunting deer with unconventiona1 weapon: 1icense 
1. 
License required. 
Except as otherwise authorized in 
this Part. a person may not hunt deer with an unconventional 
weapon unless that person has a valid license issued under this 
section. 
Each day a person violates this subsection that person 
commits a Class E crime for which a minimum fine of $50 and an 
amount equal to twice the applicable license fee must be imposed. 
2. 
Issn;!Dce: e1igibi1ity. 
The commissioner shall issue to 
an eligible person a license to hunt deer with an unconventional 
weapon during any open season on deer. 
A license issued pursuant 
to this section is valid for only one type of unconventional 
weapon and must specify that type of weapon on the license. 
3. E1igibi1ity. 
A person is eligible for a license to hunt 
deer with an unconventional weapon if that person: 
A. 
Is suffering from the loss of both arms above the elbow 
or from the loss of the use of both arms; and 
B. 
Can 
demonstrate. 
to 
the 
satisfaction 
of 
the 
commissioner, 
proficiency 
with 
that 
weapon, 
including 
knowledge of safety skills and responsible hunting practices 
relevant to that weapon. 
A person who 
applies 
for 
a 
license to hunt 
deer with 
an 
unconventional weapon on the basis that the person has lost the 
use of both arms must submit a statement by a doctor licensed to 
practice medicine in the State verifying that the applicant has 
lost the use of both arms to the extent that it would be 
medically impossible for that person to hunt with a conventional 
weapon. 
4. 
Schedu1e of fees. 
The schedule of fees for this license 
is the same schedule of fees for other licenses provided in 
section 11109 that allow the licensee to take deer. subject to a 
special privilege in section 10108, 
subsection 3 
and section 
10853. 
5. 
App1icabi1ity of 1avs. 
Except as provided in this 
section. 
those portions 
of this Part relating to 
deer 
are 
applicable to the taking of deer with a license issued under this 
section. 
§11452. 
Baiting deer 
Page l41-LR2121(1) 
1. 
Unl.awtu1 baiting of deer. 
A person may not, during an 
open hunting season on deer: 
A. 
Place salt or any other bait or food in a place to 
entice deer to that place: or 
B. 
Hunt from an observation stand or blind overlooking 
salt, 
grain, 
fruit, 
nuts 
or 
other 
foods 
known 
to 
be 
attractive to deer. 
This prohibition does not apply to 
hunting from an observation stand or blind overlooking: 
(1) 
Standing crops: 
( 2) 
Foods 
that 
are 
left as 
a 
result 
of 
normal 
agricultural operations or as a result of a natural 
occurrence: or 
(3) 
Bear bait that is placed at a bear hunting stand 
or blind in accordance with section 11301, subsection 1. 
§11453. 
Driving deer 
1. 
Unl.awful.l,y driving deer. 
A person may not participate 
in a hunt for deer during which an organized or planned effort is 
made to drive deer except that a group of 3 or fewer persons may 
hunt together as long as they do not use noisemaking devices. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
§11454. 
Hunting deer with .22 cal.iber rimfire cartridge 
A person may not hunt deer with any firearms using a 
.22 
caliber rimfire cartridge, except that the use of the .22 caliber 
rimfire magnum cartridge is not prohibited. 
A person who violates this section commits a civil violation 
for which a forfeiture of not less than :6100 nor more than :6500 
may be adjudged. 
ARTICLE 3 
posSESSION OF DEER 
§11501.. 
Bag 1imit 
1. 
EXceeding bag limit. 
A person may not possess more than 
one deer during any open season, except as otherwise provided. 
2. 
Bunting deer atter having 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. 
3. 
Penalty. 
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. 
§11S02. 
Deer tags and tagging 
1. 
Deer tags. 
The commissioner shall prescribe the form 
and content of a deer tag and produce a deer tag that is part of 
a big game hunting license. 
2. 
Tagging deer. 
A person may not. prior to presenting a 
deer for registration, possess or leave in the fields or forests 
a deer killed by that person that does not have securely attached 
to it and plainly visible a 
deer tag that conforms to the 
reguirements of subsection 1. 
§11S03. 
Gift deer 
Notwithstanding section 12356, a person may not possess a 
part or parts of a deer given to that person unless each separate 
part is plainly labeled with: 
1. Registration seal. 
The registration seal number: and 
2. 
Person who registered deer. 
The name and address of the 
person who registered the deer. 
3. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
This section does not apply to a deer or parts of a deer 
being transported by a 
Maine licensed transportation company, 
including a common carrier, in accordance with other provisions 
of this Part. 
ARTICLE 1 
COMMISSICJNER'S AUTHORITY 'l'O REGULATE KlOSE BUNTING 
AND 'l'O SET BDNTIHG SEASafS AND ~ 
§11551. 
Commissioner authority regarding moose 
The commissioner may issue applications for moose hunting 
permits. issue permits and make all rules pertaining to moose 
hunting. 
The commissioner may make all other rules that the 
commissioner considers necessary for the protection of the moose 
resource. 
§11552. 
Moose hunting areas 
L 
Areas 
<men to moose hunting. 
The 
commissioner 
may 
designate by rule areas of the State open to moose hunting. 
2. 
Moose management. 
To effectively manage the moose herd 
in the State. the commissioner may by rule establish: 
A. 
The number of moose permits to be issued every year. 
including a percentage for antlerless moose; 
B. 
The length of the moose hunting season: and 
C. 
The timing of the moose hunting season. 
Rules adopted under this section are routine technical rules 
as 
defined 
in Title 
5. 
chapter 
375. 
subchapter 
2-A. 
The 
COmmissioner shall report to the joint standing committee of the 
Legislature haying jurisdiction oyer wildlife matters by February 
1st of each year on proposed actions under this section. 
ARTICLE 2 
BlJBTING Mlr.tBODS SPECIFIC 1'0 KlOSE 
§11601. 
Un1awfu1 hunting of moose 
1. 
BUDting with permittee. 
A person may not hunt moose 
with a permittee unless that person is a subpermittee authorized 
in accordance with this section. 
2. 
Presence of permittee. 
A subpermittee may not hunt 
moose if that subpermittee is not in the presence of 
the 
permittee while hunting moose. 
A subpermittee is not in the 
presence of a permittee if contact between the permittee and the 
subpermittee 
requires 
visual 
or 
audio 
enhancement 
devices. 
including binoculars or citizen band radios. 
3. 
One subpermittee. 
A permittee may not hunt moose with 
more than one authorized subpermittee. 
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. 
§11602. 
Driving moose 
A person may not participate in a hunt for moose during 
which an organized or planned effort is made to drive moose. 
A 
person who violates this section commits a Class E crime. 
§11603. 
Unlawful firearms for hunting moose 
A person may not use a 
.22 caliber rimfire firearm or a 
shotgun using shot loads to hunt moose. 
A person who violates 
this section commits a civil violation for which a forfeiture of 
not less than $100 nor more than $500 may be adjudged. unless 
otherwise specified. 
§11604. 
Unlawful hunting methods 
A 
person 
may 
not 
use electronic calling devices 
while 
hunting moose. 
A person who violates this section commits 
a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. unless otherwise specified. 
ARTICLE 3 
PQSSESSI(If OF KlOSE 
§11651. 
Unlawful possession of moose 
A person may not possess a moose except in accordance with 
the provisions of sections 11154, 
11217. 
11601. 11652, 12302. 
12305 and 12403. 
§11652. Bag limits 
A person may not exceed the bag limit of one moose per 
permit holder. In the case of a permittee and a subpermittee. the 
permit allows one of them to take one moose. 
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. 
§11653. 
Tagging moose 
A 
person 
may 
not, 
prior 
to 
presenting 
a 
moose 
for 
registration, possess or leave in the fields or forests a moose 
that that person has killed that does not have securely attached 
to one of its hind legs, and plainly visible, the moose tag 
portion of 
the permit, 
bearing that person's full 
name 
and 
address. 
A person who violates this section commits 
a civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged. 
§11654. 
Unlawful possession of gift moose 
1. 
Prohibition. 
A person may not, notwithstanding section 
12356, possess a part or parts of a moose unless each separate 
part given to that person is plainly labeled with: 
A. 
The registration seal number: and 
B. 
The name and address of the person who registered the 
moose. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
SUBCHAPTER 8 
WILD 7'ORKEX BDlifrlRG 
ARTICLE 1 
COMMISSI(JIER' S ADmORITY 70 REGULATE 'TRfi IlUlflIBG 
OF WILD 7'ORKEX: IlUlfllRG LAWS 
§11701. 
Authority of commissioner: wild turkey hunting 
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 
permit eligibility reguirements, 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. 
§11702. 
Wild turkey hunting hours 
The legal hunting time, unless otherwise provided by rule of 
the commissioner, is 1/2 hour before sunrise to 11 a.m. each wild 
turkey hunting day. 
ARTICLE 2 
PQSSESSIat OF WILD TIJRQYS 
§1175l. 
Unlawful possession of wild turkey 
1. 
Possession of wild turkeys. 
A person may not possess a 
wild turkey except in accordance with section 11155, subsections 
to 
6: 
sections 
11701. 
11702 
and 
12301: 
section 
12304. 
subsection 3: and section 12305. 
2. 
Possession of wild turkey parts. 
A person may not. 
notwithstanding section 12356, subsection 1, possess any part or 
parts of a wild turkey, unless each part is plainly labeled with 
the name and address of the person who registered the wild turkey. 
3. 
Penalties. 
A person who violates subsection 1 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 for $500 for each turkey unlawfully possessed. none 
of which may be suspended. 
§11752. 
Tagging wild turkgr 
A person may not, prior to presenting a wild turkey for 
registration, possess or leave in a field or forest a wild turkey 
that person killed that does not have securely attached and 
plainly visible the wild turkey tag portion of that person's 
permit bearing that person's full name and address. 
A person who 
violates this section commits 
a civil violation for which a 
forfeiture of not less than $100 nor more than $500 may be 
adjudged, unless otherwise specified. 
ARTICLE 3 
BUBTJRG MEmODS SPECIFIC m WILD "mBDYS 
§11801. 
Prohibited hunting methods 
1. 
Unlawful hunting of wild turkey. 
A person may not hunt 
wild 
turkeys, 
except 
in 
accordance 
with 
section 
11155. 
subsections 1 to 6: sections 11701. 11702 and 12301: section 
12304, subsection 3: and section 12305. 
2. 
Unlawful methods of hunting wild turke.y. 
A person may 
A. 
Employ the use of a dog or dogs in any manner while 
hunting wild turkeys: 
B. 
Engage in an organized drive of any manner while hunting 
wild turkeys: 
C. 
Use bait: or 
D. 
Use a trap or other device intended or designed for the 
purpose of capturing or ensnaring wild turkeys. 
3. 
Penalties. 
A person who violates subsection 1 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 turkey unlawfully killed. none of 
which may be suspended. 
stJBCBAP'TER 9 
GAME BIRD BUNXllfG 
SII051. 
Hunting wild birds 
1. 
Unlawfull!, hunting wild birds. 
A person may not hunt a 
wild bird. other than the English or European house sparrow and 
the European starling. except as provided in this Part. 
2. 
Unlawful possession of wild birds. 
A person may not 
possess. alive or dead. a wild bird. other than the English or 
European house 
sparrow and the European starling. except as 
provided in this Part. 
SII052. 
Regpening season 
Whenever a section of the State is closed to hunting by 
proclamation of the Governor during the open season on birds. the 
commissioner. after the proclamation has been annulled. with the 
consent of the Governor. may extend the open season for bird 
hunting in that section of the State for a period not to exceed 
the number of days lost. 
SII053. 
Closed season: Rale.y Pond 
A person may not hunt waterfowl on Haley Pond in the Town of 
Rangeley and Dallas Plantation in the County of Franklin. 
A 
person who violates this section commits a civil violation for 
Page l48-LR2121(1) 
which a forfeiture of not less than $100 nor more than $500 may 
be adjudged. 
§11854. 
Best or eggs of wild birds 
A person may not take. possess or needlessly destroy the 
nest or eggs of a wild bird. except the English or European house 
sparrow and the European starling. 
A person who violates this 
section commits a Class E crime. 
§118SS. 
Unlawful use of migratory game birds 
A person may not hunt. 
possess. transport. 
buy or sell 
migratory game bird. except in the manner and numbers. and by the 
means 
specifically permitted 
by 
regulations 
of 
the 
federal 
Migratory Bird Treaty Act. 16 United States Code. Sections 703 to 
712. or by rules adopted by the commissioner in conformity with 
Title 5, Part 18. except section 8052. subsection 3 of that Title. 
SUBCRAPTER 10 
RACC<Pl BQBTIBG 
§1190!. Raccoons 
An 
open season for hunting raccoons established by the 
commissioner must be of uniform duration throughout the State. 
SOBCIIAP'TER 11 
HARE AIm RABBIT BONTIlfG 
§119S!. Bunting bares and rabbits with dog 
A person may use a dog to hunt, or be accompanied by a dog 
while hunting, wild hares or rabbits during the open firearm 
season on deer. 
§119S2. 
Unlavtu1 harvest of wild rabbits or hares 
1. 
Prohibition. 
A person may not: 
A. 
Set or use any snare, trap or other device in the 
hunting of wild hares or rabbits, except that trappers may 
take wild hares or rabbits b.y box traps solely for the 
purpose of selling them to the commissioner as authorized by 
this Title: or 
Page l49-LR2l2l(1) 
B. 
Hunt wild hares or rabbits in any manner except by the 
ordinary method of shooting with guns or shooting with a 
long bow and arrow or by falconry. 
SUBCIIAPTER 12 
COYQ'XE BDN".rIBG 
§12001. 
Seasons and restrictions 
1. 
Qpen season. 
Notwithstanding section 11206, 
an open 
season for hunting coyotes at night in all counties of the State 
from January 1st to April 30th is established. 
2. 
Bight: hunting hours. 
All hunting is limited to the 
hours between 112 hour after sunset and 1/2 hour before sunrise 
and ceases at midnight each Saturday and may resume at 12iOl a.m. 
each Monday. 
3. 
Restrictions: calling devices required. 
A person may 
not hunt coyotes at night without possessing an electronic, 
hand-held or mouth-operated predator calling device. 
SOBCBAPTER 13 
BUliTIBG DOG TRAlBIBG AND FIELD TRAIBIBG 
§120SI. 
Training 
1. 
Qpen training season. 
Unless otherwise provided in this 
Part, a person may not train dogs on wild birds and wild animals 
except as follows. 
A. 
A person may train dogs on foxes, rabbits and raccoons 
from July 1st through the following March 31st, including 
Sundays. 
B. 
A person may train sporting dogs on wild birds at any 
time, including Sundays. 
C. 
A resident may train up to 4 dogs at anyone time on 
bear from August 1st to the first day of the open season on 
hunting bear, except in those portions of Washington County 
and Hancock County that are situated south of Route 9. 
A person who violates this subsection commits a Class E crime. 
2. 
Rock 
dove 
permits. 
Notwithstanding 
section 
11158: 
section 11217, subsection 3: and sections 11851, 11854 and 11855, 
the commissioner may issue permits to persons licensed under 
section 12151 to take rock doves from the wild by the use of box 
traps or nets for the purpose of training sporting dogs pursuant 
to this section and section 12052, subsection 5. 
3. 
Possessing firearm while training dogs. A person may not 
possess 
a 
firearm while training a 
dog outside of the open 
training season on foxes, rabbits and raccoons as set out in 
subsection 1. 
A person who violates this subsection commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
4. 
Unlawful 
use of 
firearm during training or field 
trials. 
Except as otherwise provided in this subsection, 
a 
person may not possess 
during the training or field trials 
permitted in this section and section 12054 a firearm other than 
a blank pistol or shotgun loaded with blank ammunition, except 
during an open season for hunting. 
A. 
Notwithstanding this section, the commissioner may issue 
a permit to a person authorizing the use of firearms during 
the training of sporting dogs to shoot and kill wild birds 
propagated 
or 
legally 
acquired 
by 
the 
permittee 
and 
possessed in accordance with section 12152. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§1.2052. SRecial dog training area license 
1. 
License regpired. 
Except as otherwise authorized under 
this Part, a person may not engage in an activity authorized 
under this section unless that person has a valid license issued 
under this section. 
Each day a person violates this subsection 
that person commits a Class E crime for which a minimum fine of 
$50 and an amount equal to twice the applicable license fee must 
be imposed. 
2. 
ARPlicatioD and iSSuance. Upon application of a club or 
organization having 25 or more resident members, the commissioner 
may issue to the club or organization a license authorizing the 
following. 
A. 
The licensee may establish and maintain on land owned by 
the licensee, or over which the licensee has legal control, 
a special dog training area in which and on which dogs may 
be trained at any time during the year. 
Page l51-LR2l21(1) 
B. 
The licensee may at any time during the year train the 
licensee's own dogs or the dogs of other persons on that 
~ 
C. 
The licensee may hold field trials at any time on that 
area or permit, in writing, others to hold field trials on 
that area under such conditions as are mutually agreed on. 
No more than 5 clubs in anyone county may be issued a license. 
3. 
Fee. The fee for a special dog training area license is 
4. 
Restrictions. 
The following provisions must be observed. 
A. 
Each club licensed under this section may not establish 
more than 2 special dog training areas, each of which may 
not be less than 20 acres. 
B. 
A club may not control more than a total of 400 acres. 
C. 
A person may not fail to plainly and conspicuously post 
the boundary line of 
a 
special dog training area with 
legible notices at least 11 inches sguare, placed not more 
than 100 yards apart, that must bear the following warning: 
"SPECIAL DOG TRAINING FIELD TRIAL AREA --
HUNTING AND 
TRAPPING 
IS UNLAWFUL. 
This land is set aside under 
special 
license 
for 
the training of 
dogs 
and 
the 
holding of field trials. Entering on this land for the 
purpose of hunting or permitting dogs to enter without 
proper authorization is prohibited." 
The name and address of the licensee must be printed on the 
notice. 
5. 
Use 
of 
special 
dog 
training 
area other 
tban 
by 
licensee. 
Unless 
the 
area 
is 
completely 
enclosed 
with 
rabbit-proof fence, 
a 
person not 
a 
licensee may train that 
person's own dogs or the dogs of other persons on a special dog 
training area under the following conditions. 
A. 
The person shall apply in writing to the licensee and 
must receive a permit to do so, for which a charge not to 
exceed $2 
may be made, 
which amount is retained by the 
licensee. 
Unless the special dog training area is completely enclosed by 
rabbit-proof 
fence, 
a 
licensee's failure 
to 
make 
reasonable 
provision for the use of that special dog training area by 
persons not licensees is sufficient grounds for the department to 
deny a renewal of license. 
6. 
Stocking by cQlllllissioner. 
The commissioner may. 
from 
time to time during each year. stock wild animals or wild birds 
at the special dog training area and shall charge the licensees a 
reasonable price for them. 
• 
Stocking by licensee. 
Thi s 
section is not 
to 
be 
construed as authorizing licensees to liberate a wild bird or 
quadruped coming from outside of the State on a 
special dog 
training area. 
8. 
Violation of license restriction. 
A person may not 
violate 
any 
restriction of 
a 
license 
or 
permit 
issued 
in 
accordance with this section. 
Each day a 
person violates 
a 
license or permit restriction under this section that person 
commits a civil violation for which a forfeiture of not less than 
$100 nor more than $500 may be adjudged. 
§12053. 
Unlawful use of licensed dog training area 
1. 
Unlawful 
use of 
licensed dog training area. 
The 
following provisions apply to licensed dog training areas. 
A. 
A person may not hunt on a licensed dog training area 
licensed under section 12052 except that the owner of the 
land being used as a licensed dog training area may hunt 
wild animals and wild birds on the training area to the 
extent permitted by this Part. 
B. 
A person may not do any of the following on a 
dog 
training area licensed and posted in accordance with section 
12052 except as provided in section 12052: 
{I} 
Train a dog; 
(2) 
Hold a field trial; 
(3) 
Enter the area accompanied by a dog; or 
(4) 
Permit a dog of which that person is the owner or 
trainer to enter the area. 
C. 
A person who violates this subsection commits a civil 
violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§12054. Field trials: raccoon and rabbits 
1. 
Raccoon dog field trials. 
A person may hold raccoon dog 
field trials at any time. 
2. 
Rabbit hound field trials. 
A person may not hold field 
trials for beagles and other rabbit hounds except from September 
1st through the following April 10th. 
A person who violates this 
subsection commits a Class E crime. 
3. 
S,porting dog field trials. The licensing and conduct of 
sporting dog field trials is governed by section 12055. 
§12055. 
License to hold field trials; wild birds 
1. 
License required. 
A clUb or organization may not hold 
field trials as provided under this section unless the club or 
organization has a valid license issued under this section. 
Each 
day a person violates this subsection that person commits a Class 
E crime for which a minimum fine of $50 and an amount egual to 
twice the applicable license fee must be imposed. 
2. 
AW1ication and issuance. 
Upon application of a club or 
organization, 
the 
commissioner 
may. 
at 
the 
commissioner' s 
discretion, 
issue 
to 
the 
club 
or 
organization 
a 
license 
authorizing the following_ 
A. 
The licensee msy hold, at the time and place stated in 
the license. a field trial for sporting dogs for the purpose 
of demonstrating the skill of the dogs in retrieving dead or 
wounded wild birds. 
B. 
Members of the licensee club or organization may shoot 
and kill with firearms wild birds propagated or legally 
acguired by members of the licensee at the field trial held 
at the time and place specified in the license. 
C. 
Persons may participate in a field trial pursuant to 
this section without a hunting license. 
A separate application must be filed for 
each field trial 
proposed to be held by a club or organization, as described in 
this section. 
3. 
Fee. The fee for a license to hold field trials for 
sporting dogs is $25. 
4. 
Shooting hours and consent. 
Members of the licensee 
club or organization may not shoot and kill birds, unless it is 
during the daylight hours and only with the consent of the owner 
of or person having legal control of the land on which the field 
trial is held. 
5. 
Violation of restrictions. 
A person may not violate any 
restriction of a license or permit issued in accordance with this 
section. 
Each 
day 
a 
person violates 
a 
license 
or 
permit 
restriction under this section, that person commits 
a 
civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged. 
SUBCBAP'lER 14 
aJlMERCIAL SBOO'.rIBG ARRAS 
S12lDl. 
License to qperate commercial shooting area 
1. 
Issuance. 
The 
commissioner 
may 
issue 
licenses 
authorizing 
the 
establishment 
and 
operation 
of 
commercial 
shooting areas to qualified applicants. 
A commercial shooting 
area license authorizes the owner of a commercial shooting area 
to charge others for the opportunity to hunt mallard ducks, 
pheasants, quaiL 
Chukar partridge and Hungarian partridge in 
that area. A commercial shooting area license is valid for one 
year and is renewable annually. 
2. 
Eligibility. 
In order 
to qualify for 
a 
commercial 
shooting area license: 
A. 
The location of the land must be at least 5 miles from 
another commercial shooting area, as measured by a straight 
line between the property lines at their closest points to 
each other: 
B. 
The land must be between 200 acres and 400 acres in area: 
C. 
The land must be contiguous. 
Property bisected by a 
road or highway is considered to be contiguous for purposes 
of this paragraph: and 
D. 
The 
land must be 
owned or leased by the 
licensed 
operator of the commercial shooting area. 
A person is not eligible to receive a new shooting area license 
within 6 months of the expiration of the license for another 
shooting area located within 5 miles unless the holder of the 
expired license states in writing to the commissioner that that 
license will be abandoned. 
Page l55-LR2l21(1) 
A 
renewal 
of 
a 
shooting area 
~ommercial shooting area within 
shooting area, 
notwithstanding 
renewed license is applied for 
expiration of the old license. 
license 
may 
be 
issued for 
a 
miles of another commercial 
paragraph A, 
as 
long 
as 
the 
within 6 months following the 
3. 
Fees. 
The fee for a commercial shooting area license is: 
A. 
For the first year of operation, $500: and 
B. 
For each subseguent year, $250, payable prior to July 
1st of each year. 
4. 
Restrictions. 
The following restrictions apply to a 
commercial shooting area. 
A. 
The operator of the 
cOmmercial 
shooting area shall 
maintain and keep open to inspection by representatives of 
the department a register of: 
(1) 
The name and address of each person shooting in 
the area: 
(2) 
The date or dates when that person hunted in the 
area; and 
(3) 
The number and type of birds killed by that person. 
B. 
The operator of the commercial 
shooting area shall 
provide to each person taking birds in that area a receipted 
invoice or bill of sale for possession and transportation of 
those birds. 
C. 
The operator of the commercial shooting area shall mark 
the boundary of the shooting area in a manner prescribed by 
the commissioner and shall post the boundary conspicuously 
with signs or other markings approved by the commissioner. 
The signs or markings must be of a color, size and wording 
prescribed by the commissioner and must be placed not more 
than 250 feet apart facing the outside of the area. 
The operators of a commercial shooting area may not fail to meet 
the reguirements of this subsection. 
5. 
En£orcement. 
Enforcement of the trespass laws of 
a 
commercial shooting area is the responsibilit,y of the owner and 
may 
not, 
in 
any 
manner 
be 
considered 
an 
obligat,ion of 
t,he 
depart,ment,. 
Page l56-LR2l21(1) 
6. 
Exceptions. 
The 
following 
exceptions 
apply 
to 
a 
cOmmercial shooting area. 
A. 
Notwithstanding 
subsection 
L 
the 
operator 
of 
a 
cOmmercial shooting area may authorize a 
person to hunt 
other wild birds or wild animals in a commercial shooting 
area during the regular open season on those species, in 
accordance with this Part, as long as the person possesses a 
valid state hunting license that allows the hunting of those 
wild birds and wild animals. 
§12102. 
Importation permit for mallard ducks. gpail. Chutar 
Partridge and Hungarian Partridge 
1. 
Issuance. The commissioner may grant permits to import 
live 
mallard 
ducks, 
quail, 
Chukar 
partridge 
and 
Hungarian 
partridge to operators of commercial shooting areas. 
2. 
Application. When requesting permission to import these 
birds. an importer shall: 
A. 
Provide the commissioner with information on the number 
of the birds to be imported and the name and address of the 
seller; and 
B. 
Furnish the 
commissioner with 
a 
statement 
from 
an 
approved veterinarian or from the Department of Agriculture 
or from the conservation department of the state from which 
the birds are imported certifying that they are from flocks 
that have been tested for infectious or contagious disease 
and have not been exposed to that disease during the 6 
months prior to importation. 
SDBCBAPTER 15 
WILDLIFE IMPQRrATIOli AIm PQSSESSIOII 
PEBMITS AIm REOUIREMERTS 
§12151. 
Keeping wildlife in captivity 
A person may not 
keep wildlife in captivity except as 
provided under sections 10105, 12102, 12152. 12155. 12157. 12158 
and 12202 and Title 7. section 1809 or except if the wild animal 
was purchased from a dealer or pet shop licensed under Ti tle 7. 
section 3933. 
A person who violates this section commits a civil 
violation for which a forfeiture of not less than $100 nor mQre 
than $500 may be adjudged. 
§12152. 
Permit to possess wildlife in captivity 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not engage in an activity for 
which a permit may be issued under this section unless that 
person has a valid permit issued under this section. 
Each day a 
person violates this subsection that person commits a Class E 
crime for which a minimum fine of $50 and an amount equal to 
twice the applicable license fee must be imposed. 
2. 
Affected S,Pecies. 
Except as otherwise provided in this 
Part, this section applies to the possession of any wildlife 
regulated by the State that is held in captivity and to the 
importation of wildlife from an area outside the State, including: 
A. 
All species listed under state law as threatened or 
endangered; 
B. 
All species other than those listed in paragraph A not 
included on a list of unregulated, nonnative species that is 
maintained by the commissioner to facilitate the issuance of 
importation permits; and 
C. 
Species identified in rules adopted by the commissioner. 
3. 
Issuance. 
The commissioner may issue a permit to a 
person permitting the possession and use of wildlife with the 
following exceptions. 
A. 
A 
propagation, 
rearing 
and 
sale 
permit 
does 
not 
authorize the permittee to possess, propagate or sell deer, 
bear, 
moose, 
wild 
turkey, 
hybrid 
wild 
turkey 
or 
wild 
turkey-domestic 
turkey cross 
nor 
does it authorize 
the 
permittee to possess, propagate or sell any wild animal 
taken in accordance with section 11601, 11602 or 11604. 
B. 
A 
commercial exhibition permit does not authorize the 
permittee to import any species of wild turkey, hybrid wild 
turkey or wild turkey-domestic turkey cross or the eggs of 
these species. 
C. 
A general possession permit does not authorize the 
permittee to possess, propagate or sell deer, bear, moose, 
wild turkey, hybrid turkey or wild turkey-domestic turkey 
cross 
nor 
does it authorize 
the permittee to possess, 
propagate or sell any· wild animal taken in accordance with 
section 11601, 11602 or 11604. 
D. 
A rehabilitation permit does not authorize the permittee 
to possess, propagate or sell any wild animal taken in 
accordance with section 11601, 11602 or 11604. 
4. 
Fees. 
Permit fees are as follows; 
A. 
Propagation. $25 for 2 calendar years: 
B. 
Commercial exhibition or attracting trade. $145 every 2 
years from July 1st to June 30th: 
C. 
Personal 
use. 
professional or vocational 
husbandry, 
therapy or aid to disabled persons. $25 every 2 calendar 
years: and 
D. 
Rehabilitation. renewable every 2 years. no fee. 
5. 
Rules.· The commissioner may adopt rules necessary for 
the 
administration of this section. 
including prov1s1ons 
to 
ensure that a1l wildlife possessed under these permits receives 
humane 
treatment 
and proper 
husbandry 
and 
security. 
and 
to 
safeguard the interests of the wildlife and citizens of the 
State. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5. chapter 375. subchapter 
2-A. 
6. 
,Additional 
permit requirements. 
In addition to the 
prov1s1ons 
adopted under 
subsection 3. 
the 
COmmissioner 
may 
assign permit conditions or requirements designed to mitigate 
potential impacts or risks that may arise from the possession of 
specific wildlife species or to ensure the humane treatment or 
proper husbandry for specific species. 
§1215). 
Violation of rules regarding wild anjmalS in cftPtivity 
A person who violates a 
rule regarding wild animals in 
captivity commits a civil violation for which a forfeiture of not 
less than $100 nor more than $500 may be adjudged. 
§12154. 
Department breeding or rearing wild birds 
Notwithstanding section 10606 
as it applies 
to section 
12152. section 10606 does not apply to migratory game birds. 
partridge. grouse or pheasant owned by the department. 
§12155. 
ImPortation permit for wildlife 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. a person may not engage in an activity for 
which a permit may be issued under this section unless that 
person has a valid permit issued under this section. 
Each day a 
person violates this subsection that person commits a Class E 
crime for which a ml.nl.mum fine of $50 and an amount equal to 
twice the applicable license fee must be imposed. 
2. 
Issuance. The commissioner may issue a written permit to 
any person, permitting that person to: 
A. 
Introduce or import wildlife into the State: and 
B. 
Receive or possess wildlife introduced or imported into 
the State. 
3. 
Application. 
Each applicant for 
a permit to import 
wildlife into the State shall submit a written application in the 
form 
required by the commissioner. 
The application must be 
accompanied by a nonrefundable application fee of $25. 
4. 
Restrictions. 
A permit issued pursuant to this section 
does not authorize the permittee to import any species of live 
wild turkey, hybrid wild turkey or wild turkey-domestic turkey 
cross or the eggs of these species. 
§12l56. 
Release of wild birds and wild animals into wild 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. a person may not release into the wild 
captive, raised or imported wild birds or wild animals unless 
that person has a valid permit issued under this section. 
Each 
day a person violates this subsection that person commits a Class 
E crime for which a minimum fine of $50 and an amount equal to 
twice the applicable license fee must be imposed. 
2. 
ISSuance. 
The commissioner may issue a written permit 
to any person permitting that person to release into the wild 
captive raised or imported wild birds and wild animals. 
3. 
Wild turkey restrictions. 
Only the 
commissioner or 
agents of the commissioner may sell, give away or release into 
the 
wild 
any 
live 
wild 
turkey, 
hybrid 
wild 
turkey, 
wild 
turkey-domestic turkey cross or fertile egg of these species. 
§12l57. 
Permit to transport wildlife for breeding 
and advertising 
The commissioner may issue a permit to anyone permitting 
that person to take and transport within the limits of the State 
wildlife taken in the State for breeding or advertising purposes. 
§12158. 
Importation permit for pheasants 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not import pheasants, alive, 
dead or dressed, unless that person has a valid permit issued 
under this section. 
Each day a person violates this subsection 
that person commits a Class E crime for which a minimum of $50 
and an amount equal to twice the applicable license fee must be 
imposed. 
2. 
Issuance. The commissioner may issue a written permit to 
any person permitting that person to import pheasants, alive, 
dead or dressed. 
3. 
A2Plication. Importers shall, when requesting a permit, 
provide the commissioner with the following: 
A. 
Information as to the number of pheaSants to be imported; 
B. 
The name and address of the seller: 
C. 
Information whether 
or not the birds are 
live or 
dressed: and 
D. 
A statement from an approved veterinarian, 
from the 
Department of Agriculture, Food and Rural Resources or from 
the conservation department of the state from which the 
pheasants are imported certifying that they are from flocks 
that have been tested for pullorum and typhoid. 
show no 
evidence of tuberculosis or other infectious or contagious 
disease and have not been exposed to such disease during the 
months prior to importation. 
4. 
Restrictions: 
leg band 
regyired. 
Upon 
receipt 
of 
shipment. importers of rinqneck pheasants shall attach securely 
to each bird a permanent leg band. 
This leg band must remain 
attached to the birds until 
they are finally prepared for 
consumption. 
§12159. 
Taking of snakes and turt1es from the wild for 
cqmmercial puxposes 
1. 
Prohibition: 
penalty. 
Except 
as 
provided 
in 
this 
section. a person may not take and possess snakes or turtles from 
the wild for export, sale or commercial purposes. 
A person who 
violates this subsection commits a civil violation for which a 
forfeiture of not less than $100 nor more than $500 may be 
adjudged, unless otherwise specified. 
2. 
Coapercial sna,pping turtle permit. 
Persons harvesting 
snapping turtles for purposes of resale are required to obtain a 
permit from the commissioner. 
3. 
Rules. 
The commissioner shall adopt rules pertaining to 
harvest methods, confinement and disposal of snapping turtles. 
The commissioner may by rule: 
A. 
Require reporting of commercial harvest activities; 
B. 
Establish 
a 
season, 
including 
daily 
and 
season 
possession limits: 
C. 
Establish size limits: and 
D. 
Establish a fee schedule to implement a permit system 
under this section. 
CHAPTER 917 
TRAPPING 
SUBCHAPTER 1 
LICENSE REQUIREMENTS AND FEES 
§1220l. Trapping license 
1. 
License 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not trap unless that person 
has a valid license issued under this section. 
Each day a person 
violates this subsection that person commits a Class E crime for 
which a minimum fine of $50 and an amQunt equal to twice the 
applicable license fee must be imposed. 
2. 
Eligibility. 
The 
following persons are eligible to 
purchase 
a 
trapping license, 
subject 
to 
the 
provisions 
of 
subsection 3. 
A. 
A resident 16 years of age or older is eligible to 
purchase a resident trapping license. 
B. 
A resident 10 years of age or older and under 16 years 
is eligible to purchase a resident junior trapping license. 
C. 
A resident under 10 years of age may trap without a 
license. 
D. 
A nonresident is eligible to purchase a 
nonresident 
trapping license. 
Page l62-LR2l2l(1) 
Nonresident aliens 
are 
not eligible to 
purchase 
a 
trapping 
license. 
3. 
Successful 
completion of trapper evaluation program 
required for license. 
A person who applies for a state license 
to trap, other than a junior license, must submit proof of having 
successfully completed an education course of the type described 
in section 10108, subsection 7 or satisfactory eyidence of haying 
previously held an adult license to trap in this State or any 
other state, province or country in any year beginning with 1978. 
When proof or evidence can not otherwise be provided, the person 
may substitute a signed affidayit that that person has preyiously 
held the required adult trapping license or that that person has 
successfully completed the required trapper education course. 
4. 
Issuance. The commissioner. or the commissioner's agent, 
may issue a license to engage in trapping. 
Clerks or other 
agents appointed by the commissioner shall charge a fee of $2 for 
each trapping license issued. 
The commissioner shall charge a 
fee 
of 
$1 
for 
each 
trapping 
license 
issued 
by 
department 
employees. 
5. 
~iration. 
All licenses issued under this section are 
valid for one year commencing July 1st of each year. 
A resident junior trapping license issued to a person who has 
passed that person's 15th birthday is yalid through the year for 
which the license was issued. 
6. 
Trapping fees. 
The fees for trapping licenses are as 
follows: 
A. 
A resident junior trapping license, for 
a person 10 
years of age or older and under 16 years of age, is $7: 
a. 
A resident trapping license, for a person 16 years of 
age or older, is $33: and 
C. 
A nonresident trapping license is $308. 
7. 
Supervision 
of 
jpnior 
trappers. 
The 
following 
provisions must be obseryed. 
A. 
A person under 10 years of age may not trap unless that 
person is accompanied at all times while trapping by a 
parent or guardian or by an adult at least 18 years of age 
approyed by a parent or guardian. 
B. 
A person oyer 10 years of age and under 16 years of age 
may not trap unless that person: 
(1) 
Holds a junior trapping license: and 
(2) 
Is accompanied by an adult at all times while 
trapping, 
unless the holder of the junior trapping 
license submits proof of having successfully completed 
an education course of the type described in section 
10108, subsection 7. 
8. 
License violations. 
Each 
day 
a 
person yio1ates 
a 
restriction of a license issued under this section, that person 
commits a ciyil yiolation for which a forfeiture of not less than 
$100 nor more than $500 may be adjudged. 
§12202. 
Trapping by landowner 
A resident and a member of the resident's immediate family, 
as long as the trapper's license to trap is not under suspension 
or reyocation, may trap for wild animals, except beaver, without 
a trapping license issued under section 12201 on land: 
1. 
Possession. 
To 
which they are legally entitled to 
possession: 
2. 
Domiciled. 
On which they are actually domiciled: and 
3. 
Agricultural purposes. 
That is used exclusively for 
agricultural purposes. 
§12203. 
Tr~iDg by agents of commissioner 
A person, except a full-time department employee, serying as 
an agent of the commissioner for purposes of 
animal 
damage 
control, including animal control officers appointed pursuant to 
Title 7, section 3947, must satisfy the licensing requirements of 
section 12201 prior to trapping or attempting to trap a wild 
animal. 
SUBCHAPTER 2 
TRAPPING SEASON. REQUIREMENTS AIm RESTIUCTIORS 
§1225l. Qpen and closed seasons 
1. 
General. Except as otherwise provided in this Part and 
except as the commissioner may establish by rule that is not 
inconsistent with this chapter, 
there is a 
perpetual closed 
season on trapping any wild animal or wild bird. 
2. 
Unity Utilities District. There is a continued closed 
season on all wild animals and wild birds on property owned by 
the Unity Utilities District located on Route 139 and Prairie 
Road in the municipality of Unity in Waldo County. 
3. 
Closed season violation. A person may not trap, 
or 
attempt to trap, any wild animal or wild bird during the closed 
season or possess any wild animal or wild bird taken during the 
closed season on that wild animal or wild bird. 
§122S2. 
Unlawful trAPPing methods 
1. 
Unlawfully 
rigging 
traps. 
A 
person 
may 
not 
use 
auxiliary teeth on any leg-hold trap set on land. 
2. 
Use or possession of prohibited ilgplements or aids. 
A 
person mgy not: 
A. 
Set or tend a snare for the purpose of trapping any wild 
animal or wild bird, except as provided in section 10105, 
subsection 1 and section 12259; 
B. 
Set or tend a set gun for the purpose of killing, 
taking, catching, wounding, harming or molesting any wild 
animal or wild bird: 
C. 
Deposit any poisonous or stupefying substance for the 
purpose of killing, taking, catching, wounding, harming or 
molesting 
aAY 
wild animal or wild bird, 
except that a 
landowner or member of the landOwner's immediate family may 
use gas cartridges on the landOwner's own land for woodchuck 
control: or 
D. 
Sell. advertise, give notice of the sale or keep for 
sale any set gun or poisonous substance for the taking of 
wild animals or wild birds, except that a person may sell. 
advertise, 
give 
notice 
of 
sale 
of 
or 
keep 
for 
sale 
rodenticide for orchard mouse control and gas cartridges for 
woodchuck control. 
3. 
Use of pole traps. 
A person may not use or set any 
steel trap on the top of a pole, constituting a device commonly 
known as a "pole trap" for the purposes of catching any wild bird. 
SI22S3. 
COnsent to trap 
1. 
Trapping .... ithout written consent. 
A person may not. 
without first obtaining the written consent of the land owner or 
occupant, 
trap any wild animal on land in aAY 
organized or 
incorporated place or on the cultivated or pasture area of land 
that is used for agricultural purposes in any unorganized place 
and on which land there is an occupied dwelling. 
The provisions 
of this subsection do not apply to: 
A. 
Beaver trapping; 
B. 
Trapping with drowning sets in navigable rivers and 
streams; or 
C. 
Trapping with drowning sets on state-owned land and 
Public rights-of-way. 
2. 
Trapping 
near 
occupied 
dwelling 
without 
written 
cOnsent. 
A person may not trap any wild animal within 200 yards 
of 
an occupied dwelling without first obtaining the written 
consent of the owner or occupant of the land on which the trap is 
to be set. The provisions of this subsection do not apply to 
beaver trapping or trapping with drowning sets on state-owned 
land or Public rights-of-way. 
3. 
Trapping near 
cOlQPact.. 
built-up portion of city or 
village. 
A person may not trap outside that person's land within 
mile of the compact. built-up portion of a city or village. 
except: 
A. 
A person may trap within 1/2 mile of the built-up 
portion of a city or village with drowning sets; and 
B. 
A person who has a written permit from the landowner may 
trap on that landowner's land with cage-type live traps 
within 1/2 mile of the built-up portion of a city or village. 
A person who violates this Subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
4. 
Proof of Q1fJlership of land. 
Before any prosecution is 
made under Subsection 1 or 2. the landowner or occupant shall 
prove that landOwner's ownership or that occupant's ocCUpancy of 
the land in question. 
5. 
Pepmission to trap on land of another. 
This section may 
not be construed to give license or permission to set. place or 
tend traps on property that is owned by another person. 
§12254. 
Labeling traps 
A person may not set a trap for any wild animal without 
having the trap plainly labeled with that person's full name and 
address. 
A person who violates this section commits a civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged unless otherwise specified. 
§12255. 
Tending traps 
1. Failure to visit traps. 
A person may not: 
A. 
While trapping in an organized or incorporated place 
fail to: 
(1) 
Check each trap, 
except killer-type traps, at 
least once in every calendar day: and 
(2) 
Check each killer type trap at least once in every 
calendar days: and 
B. 
While trapping in an unorganized place fail to: 
(1) 
Check each trap, except killer-type traps 
and 
drowning sets, at least once in every calendar day: and 
(2) 
Check each killer-type trap or drowning set at 
least once in every 5 calendar days. 
This subsection does not apply to under-ice drowning sets for 
beaver and muskrat. 
For the purposes of this subsection, "check" 
means to visit or cause to be visited. 
2. 
Failure to remove animal from trap. 
A person may not 
fail to remove or cause to be removed from that person's trap an 
animal found caught in that trap. 
3. 
Car~ing a 
firearm while trapping. 
Notwithstanding 
section 11205, 
subsection I. paragraph A and section 11206. 
subsection 1. paragraphs A and a. a person who holds a valid 
trapping license may carry a firearm at any time during the open 
trapping season for the sole purpose of dispatching trapped 
animals. 
§12256. 
Disturbing traps of another 
A person may not disturb or take a trap or a wild animal 
from a trap, other than that person's own trap, without the 
consent of the owner of the trap, except that a landowner or 
occupant of land that the 
landowner or occupant is legally 
entitled to possess may remove any trap found on the land if 
permission has not been granted under section 12253, subsection 1 
or 2 or the person has not obtained a written permit from the 
landowner to trap on that landowner's land with cage-type live 
Page l67-LR2l2l(1) 
traps within 1/2 mile of a built-up portion of a city or village. 
A person who violates this section commits a Class E crime. 
§12257. 
TrAePing Rr certain department emplQyees 
A department biologist or warden may not trap wild animals 
for profit while on duty within the district to which that person 
is assigned. 
A person who violates this section commits a civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged. 
§12258. 
Eel permit for licensed tra~rs 
1. 
Issuance. The commissioner may issue a permit to any 
licensed trapper to take eels for baiting traps. 
2. 
Restrictions. A licensed trapper with an eel permit may 
not take more than 20 pounds of eels annually, by eel pots or 
hook and line only, for use in baiting traps. 
3. 
Penalty. 
Each day a person violates a restriction of a 
permit issued in accordance with this 
section, 
that person 
commits a civil violation for which a forfeiture of not less than 
$100 nor more than $500 may be adjudged. 
§12259. TrAPPing beaver 
1. 
Snares. 
A person may use snares to trap for beaver 
during the open beaver trapping season. 
2. 
Rules. 
All rules adopted pursuant to section 10104, 
subsection 
pertaining 
to 
the 
trapping 
of 
beaver 
with 
killer-type traps also apply to the trapping of beaver with 
snares. 
3. 
Nonresident trapping beaver. A nonresident may not trap 
beaver in this State. 
§12260. Trapping bear 
1. 
<men and closed season. 
There is an open season on 
trapping bear from September 1st to October 31st annually. 
A. 
The commissioner may shorten the open season on bear in 
any part of the State as long as: 
(l) 
The demarcation of the areas with a 
shortened 
season follows recognizable physical boundaries such as 
rivers and railroad rights of-way; and 
(2) 
The 
decision is 
made 
and published prior to 
February 1st of any year. 
B. 
The commissioner may terminate the open season on bear 
at 
any 
time 
in 
any 
part 
of 
the 
State 
if, 
in 
the 
commissioner's opinion, 
an immediate emergency action is 
necessary 
due 
to 
adverse 
weather 
conditions 
or 
severe 
hunting or trapping pressure. 
2. 
Unlawful trapping of bear. 
A person may not catch a 
bear in a trap and cause or allow another person to kill or 
register that bear. 
3. 
Setting bear traps. 
Setting traps for bear is governed 
by this subsection. 
A. 
A person may use a cable trap with a closing diameter of 
not less than 2 1/2 inches to trap bear in the State during 
the open season on bear. 
B. 
A person may not set a bear trap other than a cable 
trap, unless it conforms to the following specifications. 
(1) 
The trap must be enclosed by at least 2 strands of 
wire, one strand 2 feet from the ground and one strand 
feet from the ground. 
(2) 
The wire must be securely held in position. 
(3) 
The wire must be not less than 5 yards nor more 
than 10 yards at any point from the enclosed trap. 
(4) 
The trap enclosure must be marked by substantial 
signs with the words "BEAR TRAP" in letters not less 
than 3 inches in height. 
(5) 
The signs must be spaced around each enclosure at 
intervals of not more than 20 feet. 
(6) 
Each sign must be securely fastened to the top 
strand of wire. 
4. 
Trapping bear after having killed one. 
A person may not 
trap a bear after that person has killed or registered one during 
any open season. 
A person who violates this subsection commits a 
Class D crime for which the court shall impose a 
sentencing 
alternative involving a term of imprisonment not too exceed 180 
days and a fine of not less than $1. 000, none of which may be 
suspended. 
5. 
Exceeding bag limit on bears. 
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 involving a term of imprisonment 
not too exceed 180 days and a fine of not less than $1,000, none 
of which may be suspended. 
6. 
Trapping bear near dumps. 
Trapping bear near dumps is 
governed by this subsection. 
A. 
The commissioner, or the commissioner's agent, shall 
establish a 
line of demarcation at least 200 yards from 
sites permitted or licensed for the disposal of solid waste. 
B. 
A person may not trap within the 
demarcation area 
established under paragraph A. 
The commissioner, or the 
commissioner's agent, is exempt from this prohibition for 
the purpose of live trapping of nuisance bears. 
A person 
who violates this paragraph commits a civil violation for 
which a forfeiture of not less than $100 nor more than $500 
may be adjudged, unless otherwise specified. 
CBAPrER 919 
REGISDATION AND TRARSPORT OF BAllVESTED ARDIALS 
REGISTRATION 
§1230l. 
Registration of harvested animals 
1. 
Registration stations established. 
The 
commissioner 
shall: 
A. 
Adopt rules in accordance with Title 5, chapter 375 
governing the establishment and closure of bear and deer 
registration stations for the purpose of registering those 
harvested animals: 
B. 
Establish moose registration stations for the purpose of 
registering harvested moose: and 
C. 
Establish 
turkey 
registration 
stations 
to 
allow 
collection of biological and hunting data. 
2. 
Agents designated; bear. 
deer or moose. 
An 
agent 
designated by the commissioner must be in charge of each bear, 
deer or moose registration station. 
3. 
Agent duties. 
Registration agents shall: 
A. 
Register every bear, deer, moose or wild turkey legally 
presented for registration: 
B. 
Attach a seal to each bear, deer, moose or wild turkey 
in the manner directed and with the materials furnished by 
the commissioner: and 
C. Collect and retain $1 for each seal from the person 
registering a bear, deer or moose. 
The agent may collect $1 
for registration of each wild turkey. 
4. Lists; bear and deer. 
A list of bear registration 
stations and deer registration stations must be published in one 
or more daily newspapers of the State. 
§12302. 
Timely registration of bear. deer. moose or wild 
turkey 
1. 
Prohibition. 
A person who kills any of the following 
animals may not fail to present that animal for registration in 
that person' s name at the first open registration station for 
that animal on the route taken by that person: 
A. 
Bear: 
B. 
Deer: 
C. 
Moose: or 
D. 
Wild turkey. 
§12303. 
Time limits for registering bear. deer. moose 
or wild turkey 
1. 
Bear. 
A person may not keep an unregistered bear at 
horne or any place of storage except for more than 18 hours unless 
it is kept in an official bear registration station, except a 
person on a hunting trip in an unorganized township and staying 
at a temporary place of lodging may keep an unregistered bear at 
that temporary place of lodging for a period not to exceed 7 days 
or until that person leaves the woods, whichever comes first. 
2. 
Deer. 
A person may not keep an unregistered deer at 
horne or any place of storage for more than 18 hours unless it is 
kept in an official deer registration station. 
If a person is on 
a 
hunting trip in an unorganized township and staying at a 
temporary place of lodging. that person may keep an unregistered 
deer a that temporary place of lodging for a period not to exceed 
days or until that person leaves the woods. whichever comes 
first. 
A person may leave an unregistered deer in the woods if 
that person notifies a game warden within 18 hours as to the 
location of the deer and the circumstances necessitating leaving 
the deer in the woods. 
3. 
Moose. 
A person may not keep an unregistered moose at 
home or any place of storage for more than 18 hours unless it is 
kept in an official moose registration station or at the office 
of a game warden. 
A person may leave an unregistered moose in 
the woods if that person notifies a game warden within 18 hours 
as 
to 
the 
location 
of 
the 
moose 
and 
the 
circumstances 
necessitating leaving the moose in the woods. 
4. 
Wild turkgy. 
A person may not keep an unregistered wild 
turkey at home or any place of storage for more than 12 hours 
unless it is kept in an official wild turkey registration station 
or at the office of a game warden. 
§12304. 
Condition of animal presented for registration 
A 
person 
may 
not 
present 
the 
following 
animals 
for 
registration unless that animal is presented in its entirety. 
except: 
1. 
Bear. 
For bear. 
the viscera and rib cage 
may 
be 
removed. 
and 
the 
bear 
may 
be 
dismembered 
for 
ease 
of 
transportation. but the bear must be field dressed in a manner 
that permits determination of the sex of the animal: 
2. 
Moose. 
For moose. the viscera. rib cage. lower legs. 
head and hide ma,y be removed and the animal may be dismembered 
for ease of transportation. but evidence of gender must remain 
attached to at least one part of the dressed animal. 
If the head 
is not brought to the registration station. a canine tooth or the 
lower jaw also must be presented at the time of registration. 
Any parts not presented for registration must be placed where 
they are not visible to a person traveling on a public or private 
wa,y: or 
3. 
Wild turkey. 
For wild turkey. 
the viscera, may be 
removed. 
§12305. 
False registration of bear. deer. moose or wild turkgy 
1. 
PrOhihition. 
A person may not present for registration 
or allow to be registered in that person's name any of the 
following animals that that person did not lawfully kill: 
A. 
Bear: 
B. 
Deer; 
C. 
Moose: or 
D. 
Wild turkey. 
§12306. 
Possessing nnregistered bear .. deer .. moose or wi1d 
turkey 
1. 
Prohibition. 
A person may not possess 
any of the 
following animals if that animal has not been legally registered 
as provided in sections 12301 and 12304. unless that animal is 
possessed in accordance with chapter 921: 
A. 
Bear: 
B. 
Deer: 
C. 
Moose: or 
D. 
Wild turkey. 
z. 
Penalties. 
A person who possesses a: 
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; 
B. 
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; or 
C. 
Bear or deer in violation of this section commits a 
Class E crime. 
SQBCIIAPTER 2 
TRABSPORTATIOB 
Page l73-LR2l2l{l) 
§12351. Transportation by residents 
A resident may transport home any wild animal or wild bird 
that that resident has killed and that is legally possessed, as 
long as that resident is properly licensed and has met all other 
requirements of this Part. 
A resident may have any lawfully 
harvested wild animal or wild bird transported to a location 
other than that person's 
home 
without accompanying the wild 
animal or wild bird by obtaining a transportation permit from any 
game warden. 
There is no fee for a permit issued under this 
section. 
§12352. Transportation by nonresidents 
A nonresident 
may 
transport to that person's 
home 
any 
lawfully harvested wild animal or wild bird. 
A nonresident may 
have transported to that person's home by another individual or 
common carrier any wild animal or wild bird that that nonresident 
has lawfully harvested, as long as that person has obtained a 
transportation permit from any game warden and has met all the 
other requirements of this Part. 
There is no fee for a permit 
issued under this section. 
§12353. Method of transportation 
Any wild animal or wild bird transported or offered for 
transportation must be open to view and accompanied by the person 
who killed that animal or bird, except that a wild animal or wild 
bird transported for nonresidents by common carrier need not be 
accompanied by the owner if all other requirements of this Part. 
§12354. Common carriers 
A common carrier accepting any wild animal or wild bird for 
transportation shall: 
1. 
Check license. Be satisfied that the person presenting 
that animal or bird for shipment is the person to whom the 
hunter's license offered for inspection was issued: 
2. 
Affix tags. Securely affix any tags and identification 
required by this chapter: and 
3. 
Make returns. Make such returns to the commissioner as 
the commissioner may require. 
§12355. Un1avful transportation of wi1d animal or wild 
bird 
1. 
Transport. 
A person may not transport or offer for 
transport a wild animal or wild bird except as provided in this 
subchapter. 
2. 
Accept traDeportation. 
A person or carrier may not 
accept for transportation or transport a wild animal or wild bird 
except as provided in this subchapter. 
3. 
Traneport in closed season. 
A person or carrier may not 
transport a wild animal or wild bird in closed season. except 
that a person who has killed a wild animal or wild bird in open 
season has a reasonable time after the beginning of the closed 
season in which to transport the animal or bird to that person's 
home. 
A person who violates this section commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
maybe adjudged. unless otherwise specified. 
§12356. 
Unlawful traneport of bear, deer. JDQose, wild turkey. 
wild hare or wild rabbit 
1. 
Probjbitione regarding traneport of bear. deer. moose 
and wild turkey. 
Except as otherwise provided in this Part. a 
person may not move or transport a bear. deer. moose or wild 
turkey. or any part of a wild turkey or a moose that has been 
dismembered for transportation. unless: 
A. 
The bear. deer or moose. or a portion of the moose. is 
open to view. 
This subsection does not apply to a bear. 
deer or moose that is legally registered in accordance with 
this chapter; 
B. 
The animal is tagged in the following manner; 
(1) 
A 
bear 
or 
deer 
tag 
that 
conforms 
to 
the 
requirements of section 11352. subsection 1 or section 
11502. subsection 1 is securely attached to the bear or 
deer. and. if a deer. the deer tag has the name and 
address of the person who killed the deer; except a 
person who takes a deer on land owned by that person. 
in accordance with section 11108. 
subsection 1. 
may 
move or transport that deer if a tag bearing the name 
and address of the person who 
killed the deer is 
securely attached to the deer; or 
(2) 
The moose or wild turkey portion of the permit 
bearing the name and address of the person who killed 
the moose or wild turkey is securely attached to the 
moose or wild turkey. 
This subparagraph does not apply 
to a moose that is legally registered in accordance 
with subchapter I: or 
C. 
The person who killed the bear, deer, moose or wild 
turkey accompanies it while it is being moved or transported 
or the person who 
killed the deer or 
moose 
obtains 
a 
transportation permit reguired under section 12351 allowing 
another person to accompany the deer or moose 
and that 
person accompanies the animal while it is being transported. 
A person who moves or transports a bear in violation of this 
subsection comits a civil violation for which a forfeiture of 
not less than $100 nor more than $500 may be adjudged. unless 
otherwise specified. 
2. 
Prohibition regarding trapsport of bear or deer beyond 
limits of State. 
A person may not. except as provided in section 
12351. transport or attempt to transport a bear or deer beyond 
the limits of this State. A nonresident who has lawfully killed 
and registered a bear may have the bear or its parts transported 
beyond the boundaries of the State by a transportation company. 
including comon carriers, whether or not licensed in the State. 
If transported by other than 
a 
Maine-licensed transportation 
company, 
the 
bear or its parts 
must 
be 
accompanied 
by 
a 
nonresident transportation permit. which may be obtained by the 
licensee from any game warden. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. unless otherwise specified. 
3. 
Prohihition regarding possession cmd trcmsportation of 
wild hares or wild rabbits. 
A person 
may 
not possess 
or 
transport a wild hare or rabbit taken: 
A. 
During the closed season: or 
B. 
By any method or with any device prohibited by section 
11952, 
subsection 
or 
section 
12252, 
subsection 
2. 
paragraphs A to D. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
CHAPTER 921 
WILDLIFE CAUSIHG DAMAGE OR RUISAHCE 
§12401. Attacking domestic animals or destroying 
property 
Except as provided in sections 12402 and 12404. a person may 
lawfully kill. or cause to be killed. any wild animal or wild 
turkey. night or day. found in the act of attacking. worrying or 
wounding that person's domestic animals or domestic birds or 
destroying that person's property. 
A person who kills a wild 
animal or wild turkey by authority of this section shall report 
the incident to the Maine Warden Service as provided in section 
12402. subsections 3 and 4. 
§12402. Damage to crQPs or orchards 
1. 
Permission to kill nuiSance anjmals or wild turkEt,YS« 
Except as provided in section 12404. 
the cultivator. 
owner. 
mortgagee or keeper of any orchard or growing crop. except all 
types of grasses. clover and grain fields. may take or kill wild 
animals or wild turkeys night or day when the wild animals or 
wild turkeys 
are 
located within the orchard or 
crop 
where 
substan.tial damage caused by the wild animal or wild turkey to 
the orchard or crop is occurring. For purposes of this section. 
corn is not considered grain. 
2. 
ElQployment of agents. 
When a person wants to employ 
someone outside of that person's immediate family to take or kill 
wild animals or wild turkeys. that person shall contact a game 
warden. 
If the warden is satisfied that substantial damage is 
occurring. 
the warden may arrange for 
a 
department agent to 
alleviate the damage: when an agent is not available. the warden 
may authorize a person who is knowledgeable and can perform the 
work in a reasonable. safe and proficient manner. 
Permission to 
take or kill wild animals or wild turkeys may not be granted to a 
person whose license to hunt has been revoked or suspended. who 
is an. habitual violator as defined in section 10605. subsection 1 
or who has been convicted of night hunting within the past 5 
years. 
3. 
Report to Maine Warden Service: dressing of carcass. The 
person by whom or under whose direction the wild animal or wild 
turkey is wounded. taken or killed under this section shall: 
A. 
Within 12 hours. report all the facts relative to the 
act to the Maine Warden Service, stating the time and place 
of the wounding. taking or killing: and 
B. 
In all cases of deer. bear. 
moose or wild turkey. 
immediately and properly dress the carcass or carcasses and 
care for the meat. 
Page l77-LR212l(1) 
4. 
Warden's certificate. 
A game warden shall investigate 
an incident under this section as soon as possible and, if the 
game warden is satisfied that the wild animal or wild turkey was 
taken as provided in this section, give the person who killed the 
wild animal or wild turkey 
a 
certificate that entitles the 
cultivator, owner, mortgagee or keeper of the orchard or growing 
crop to own the carcass or carcasses, which may be possessed and 
consumed only within the immediate family of the cultivator, 
owner, mortgagee or keeper of the orchard or growing crop, or, in 
accordance with the labeling requirements for possession of deer, 
bear, moose or wild turkey, to transfer possession of those wild 
animals or wild turkeys to another person. 
Any excess carcasses 
after the first 2 carcasses of deer. bear, moose or wild turkey 
killed or taken under subsection 1 or 2 must be distributed to 
recipients authorized through the Hunters for the Hungry Program 
established in section 10108. 
subsection 
or 
as 
otherwise 
authorized by the game warden. 
5. 
Failure to 
report wounding. 
taking 
or killing of 
nuiSance wild apjmal or to prqperly Care for carcass. 
A person 
may not: 
A. 
Wound. take or kill a wild animal under section 12401 or 
this 
section 
unless 
the 
person 
reports 
all 
the 
facts 
relative to the incident to the Maine Warden Service within 
hours; or 
B. 
Kill a deer. bear or moose pursuant to section 12401 or 
this section unless the person immediately and properly 
dresses the carcass and cares for 
the meat to prevent 
spoilage. 
§12403. Damage to motor vehicles Rr wild apjmals or wild birds 
1. 
Claims. The State may not pay any claims for damages to 
a motor vehicle by a wild animal or wild bird. 
2. 
Accidental collisions involving deer. DlQOse, 
bear or 
wild turke,y. 
This subsection applies to accidental collisions 
involving deer, moose. bear or wild turkey. 
A. 
The operator or 
owner having knowledge of 
a 
motor 
vehicle that has been involved in an accidental collision 
with a 
deer, 
moose, 
bear or wild turkey shall. by the 
quickest means. report the accident to a 
law enforcement 
officer. 
B. 
The officer shall investigate an accident reported under 
paragraph A and. if the officer finds that the motor vehicle 
has 
sustained 
apparent 
damage 
as 
the 
result 
of 
the 
collision, shall give a certificate that entitles the person 
to the ownership of the carcass. The person may then take 
possession and immediately remove the entire carcass from 
the scene of the collision. 
C. 
A person entitled to ownership of a deer, moose or bear 
carcass under paragraph B may not take possession of or 
remove any portion of the carcass without taking possession 
of or removing the entire carcass from the scene of the 
collision. 
3. 
Penalties. 
The following penalties apply under this 
section. 
A. 
A person who fails to report an accident in accordance 
with subsection 2, paragraph A or who removes a portion of a 
carcass in violation of subsection 2, paragraph C commits a 
civil violation for which a forfeiture of not less than $100 
nor more than $500 may be adjudged. 
B. 
A person who possesses a moose injured in an accidental 
collision, 
except 
in 
accordance 
with 
subsection 
2. 
paragraphs A and B, commits a Class D crime for which the 
court shall impose a sentencing alternative of not less than 
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: and a fine of not 
less than $1,000, none of which may be suspended. 
§12404. 
Specific anjmals 
1. 
Bear. This subsection applies to the taking or killing 
of bear found doing damage. 
A. 
Section 12402 does not prohibit the taking or killing of 
bear found doing damage to blueberry land. 
B. 
The commissioner may issue a permit to any licensed 
beekeeper. or to a person entrusted with the custody of the 
beehives of a licensed beekeeper, authorizing that person to 
protect beehives from damage by bear. 
C. 
The commissioner may suspend the game laws relating to 
bears in such restricted localities and for such periods of 
time as the commissioner finds it advisable to relieve 
excessive damage being done by bears to sweet corn or other 
crops. 
D. 
The 
commissioner 
may 
suspend 
subsection 
for 
the 
purpose of allowing dogs to be used in hunting and killing 
Page l79-LR2l2l(1) 
bears, providing the dogs are under the personal supervision 
of the owner at all times, for such periods of time as the 
commissioner finds it advisable. 
2. 
Beaver. 
A person may not take or kill beaver under 
sections 12401 and 12402. 
The commissioner may cause agents of 
the department to take nuisance beaver at any time. 
3. 
Birds. 
A person may not take or kill wild birds. with 
the exception of rock doves and wild turkeys under sections 12401 
and 12402. 
4. 
CO,yotes. 
The 
commissioner 
may 
cause 
department 
personnel to take coyotes at any time and in any manner that the 
commissioner may prescribe. 
5. 
Deer. 
This subsection applies to the taking or killing 
of deer found doing damage. 
A. 
Whenever deer are doing damage to orchards and crops, 
including legumes. but excepting grass. the department shall 
furnish to the owner or agent of the orchards and crops 
suitable repellants without cost to the owner or agent. The 
commissioner may follow other good conservation practices to 
alleviate the damage. 
B. 
Whenever the commissioner determines it impossible to 
keep 
deer 
from 
doing 
damage 
to 
young 
orchards, 
the 
commissioner may enter into an agreement with the owper of a 
young orchard in which the department assumes 112 the cost 
of fencing the orchard. 
6. 
Dogs. This subsection applies to nuisance dogs. 
A. 
A game warden may kill a dog outside the enclosure or 
immediate care of its owner or keeper when the game warden 
finds that dog: 
(1) 
Chasing. killing, wounding or pursuing a moose. 
caribou. deer or elk at any time: 
(2) 
Chasing, killing, wounding or pursuing any other 
wild animal in closed season: or 
(3) 
Worrying, wounding or killing a domestic animal. 
livestock or poultry. 
B. 
An owner of domestic animals, livestock or poultry, a 
member 
of 
the 
owner's 
family 
or 
a 
person to 
whom 
is 
entrusted the custody of domestic livestock or poultry may 
Page l80-LR2121(1) 
kill any dog killing or attacking the domestic animals, 
livestock or poultry. 
C. 
A person having evidence of a 
dog chasing, killing, 
wounding or pursuing moose. 
caribou, deer or elk or any 
other wild animal in closed season may present that evidence 
to the commissioner or any game warden. 
(1) 
The commissioner or game warden shall give notice 
in writing to the owner or keeper of the dog, stating 
the acts committed by the dog. 
(2) 
After the owner or keeper of the dog has received 
written notice that the 
dog has 
committed any act 
prohibited by paragraphs E and F, anyone may kill the 
dog when it is found committing any of those prohibited 
~ 
D. 
A person having evidence of a 
dog chasing, killing, 
wounding or pursuing a moose, caribou. deer or elk or any 
other wild animal in closed season, or of a dog kept and 
used for that purpose, or of a dog worrying, wounding or 
killing 
a 
domestic 
animal, 
including 
another 
dog, 
or 
livestock, poultry, fowl or fur-bearing animal legally in 
captiyity. 
when the dog is outside of the enclosure or 
immediate care of the dog's owner or keeper, may present 
that evidence to the District Court haying jurisdiction. 
(I) 
The court may issue a warrant against the owner of 
the dog, ordering the owner to show cause why the dog 
should not be killed. 
(2) 
Upon hearing the eyidence in the case, the court 
may order the dog killed by a game warden. 
(3) 
The costs of prosecution must be paid by the owner 
or keeper of the dog. 
E. 
Except as proyided in paragraph F, the owner or keeper 
of a dog COmmits a civil yiolation for which a forfeiture of 
not less than $100 nor more than $500 may be adjudged if: 
(1) 
That owner's or keeper's bird dog, retrieying dog 
or hound dog is found killing or wounding a 
moose. 
caribou, deer or elk during a period in which it is 
lawful to train dogs. as proyided for in section 12051, 
subsection I. 
while the 
dog is at 
a 
licensed dog 
training area or at a 
licensed trial for retrieving 
dogs: or 
(2) 
That owner or 
keeper has 
been notified under 
paragraph C and that owner or keeper permits any dog 
mentioned 
in 
the 
notice 
to 
leave 
the 
owner's 
or 
keeper's immediate control. 
F. 
The owner or keeper of a dog commits a civil violation 
for which a forfeiture of not less than $500 nor more than 
$1, 000. none of which may be suspended. may be adj udged if 
that owner's or keeper's dog is found: 
(1) 
Chasing or pursuing a moose, caribou. deer or elk 
at any time or any other wild animal in closed season: 
ru:. 
(2) 
Killing or wounding a moose, caribou. deer or elk 
at any time or any other wild animal in closed season. 
7. 
Muskrat. The commissioner may declare an open season on 
muskrats that are polluting water supplies or damaging property 
if the owner makes a written complaint to that effect to the 
commissioner. 
8. 
RacCOODS. 
The commissioner may suspend the game laws 
relating to raccoons in such restricted localities and for such 
periods of time as the commissioner finds it advisable to relieve 
excessive damage being done by raccoons to sweet corn or other 
crops. 
The commissioner may suspend subsection 6 for the purpose 
of allowing dogs to be used in hunting and killing raccoons, 
providing the dogs are under the personal supervision of the 
owner at all times, for such periods of time as the commissioner 
finds it advisable. 
CHAPTER 923 
FISH: FISHING SEASONS AND RESTRICTIONS 
SOBCRAPrER 1 
SEASONS, RULEMAKIlfG AND SPECIAL REGULATIONS 
§12451. 
A2Plication of laws 
1. 
Waters covered b,y provisions relating to fish. 
This 
Part so far as it relates to fish of all varieties and fishways 
applies to fish and fishways in the inland waters of the State. 
Page l82-LR2l2l(1) 
2. 
Great ponds. 
A person on foot may 
engage in any 
activity on the great ponds not inconsistent with any other law 
or regulation of the State or its political subdivisions. 
3. 
Ponds of 10 acres or less. 
Fishing in a pond of 10 
acres or less. whether natural or artificial. formed on a brook. 
stream or river. is governed b.y the same laws and rules that 
govern fishing in the brook. stream or river on which the pond is 
situated. 
This subsection does not apply to private ponds as set 
forth in section 12508. 
§12452. 
Consolidation of rules 
Fishing rules as set forth in the annual Open Water Fishing 
Regulations folder and the annual Ice Fishing Regulations folder. 
as printed and distributed to the public. are declared to be 
official consolidations of fishing rules UJ;!on filing with the 
Secretary of State. 
§12453. 
Inland waters closed to fishing except as qpened by 
law or rule 
All inland waters of the State are closed to fishing except 
as opened b.y law or rule. 
§12454. 
Ice fishing: closed areas and times 
1. 
Closed waters: 
coDDissioner's authority. 
All inland 
waters of the State are closed to ice fishing except those that 
have been opened by rule of the commissioner. 
A. 
The commissioner may by rule close to ice fishing waters 
that have been reclaimed by the removal of rough fish. 
B. 
The commissioner may open other waters for ice fishing 
for cusk in the nighttime. 
§12455. 
List of waters where children may fish with 
single-baited hook and line 
Rules adopted by the commissioner that set forth the special 
fishing regulations for inland waters of the State must include a 
list of waters where a person under 12 years of age may fish with 
a single-baited hook and line. 
§12456. 
Qpen seasons: exceptions 
1. 
Qpen seasons. 
Except as provided in subsection 2 and 
Part 12 and except as the commissioner may by rule provide. the 
Page l83-LR2l21(1) 
following are the open seasons for fishing in the State. All 
opening and closing dates are inclusive. 
A. 
The open season for all fish in waters or portions of 
waters naturally free of ice in lakes and ponds is from 
April 1st to September 30th. 
B. 
The 
open season for all fish in the rivers 
above 
tidewater in waters free of ice is from 
April 1st to 
September 15th. 
C. 
The open season for all fish in brooks and streams in 
waters free of ice is from April 1st to August 15th. 
D. 
The open-water fishing season on boundary waters between 
Maine and New Brunswick is from April 15th to September 30th. 
2. 
ExcgptioDs. 
Notwithstanding 
the 
open 
seasons 
established under subsection 1: 
A. 
A person may take smelts at any time by the use of a 
dipnet in the usual and ordinary w~ in inland waters or 
portions of inland waters that are naturally free of ice, 
and where the taking of smelts is not prohibited by rules of 
the commissioner: 
B. 
There is a continued closed season on the dipping of 
smelts from Morrill Pond and its tributaries in Somerset 
County: 
C. 
Whenever the last day of open-water fishing season falls 
on a Saturday, the season is extended one d~ to include the 
following Sunday: and 
D. 
The 
cOmmissioner by rule may extend the open-water 
fishing season as long as such an extension does not pose a 
threat to the fishery. 
Rules adopted under this paragraph 
may include provisions that establish catch-and-release-only 
restrictions on landlocked salmon, trout, togue and bass. 
§12457. 
Restricted areas 
1. 
Closed waters. 
Except as the commissioner may by rule 
provide, the following waters are closed to fishing: 
A. 
The area within 150 feet of any dam in which a fishway 
is located, except: 
(1) 
At the following places. the fishway and the area 
within 75 feet of any part of the fishway are closed to 
fishing at all times: 
(a) 
Grand Falls Powerhouse Dam on the st. Croix 
Riyer in Baileyville: and 
(b) 
Woodland 
Dam 
on 
the St. 
Croix 
River 
in 
BaileyVille; 
( 2 ) 
At the following places. the area within 75 feet 
of the mouth of the fishway is closed to fishing at all 
times: 
(a) 
East Grand Lake Dam in Forest City Township. 
T9 R4 NBPP: and 
(b) 
Spednic Lake Dam in Vanceboro; 
( 3 ) 
At 
the 
so-called 
ice 
control 
dam 
on 
the 
Narraguagus River in the Town of Cherryfield. the area 
within 100 feet of the darn must be closed to fishing at 
all times: 
(4) 
At East Outlet Dam in Sapling Township. TlR7. in 
Somerset County and in Big Moose Township. T2R6. in 
Piscataquis County at the outlet of Moosehead Lake. the 
fishway and the area within 50 feet of any part of the 
fishway must be closed to fishing at all times: and 
(5) 
There is no fishing in or from the fishway at the 
Sheepscot Lake Dam in the Town of Palermo in Waldo 
County: 
B. 
All waters within 200 feet of any fish hatchery or 
rearing station; and 
C. 
The property owned by the Unity Utilities District 
located on Route 139 and Prairie Road in the municipality of 
Unity in Waldo County. 
§12458. Special regulations 
1. 
Aroostook River. 
A person 12 years of age or younger 
may fish from shore with a single-baited hook and line on the 
following areas of the Aroostook River during the open-water 
fishing season: 
A. 
In the Town of Caribou. from and including Otter Brook 
upstream to the Maine Public Service Company dam, including 
all tributaries 
in this 
section upstream 
to 
the first 
highway bridge intersecting each tributary; and 
B. 
In the Town of Fort Fairfield. from and including Pattee 
Brook 
upstream 
to 
Hockenhull 
Brook. 
including 
all 
tributaries in this section upstream to the first highway 
bridge intersecting the tributary. 
§12459. Fly-fishing by person who has loss of arm 
A person who 
possesses a valid fishing license and has 
suffered the loss of an arm m~ use any type of rod and reel to 
fish with a fly on waters open to fly-fiShing. 
For the purposes 
of this section. "loss of an arm" means the physical loss of the 
arm at the wrist or above. 
SUBCBAP".rER 2 
0 
LICENSE AND PERMIT REOUIREMENTS AND AlTJ."BORIZATIQHS 
§12S01. General fishing license 
1. 
License 
required. 
Except 
as 
otherwise 
permitted 
pursuant to this Part, a person m~ not fish for, transport or 
possess fish without a valid license issued under this section. 
Each day a person violates this Subsection. that person commits a 
Class E crime for which a minimum fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
2. 
Eligibility. 
The commissioner may issue the following 
licenses to the following persons; 
A. 
A resident fishing license to a resident 16 years of age 
or older: and 
B. 
A nonresident fishing license to a nonresident 12 years 
of age or older. 
3. 
Agent's fee. 
Clerks or other agents appointed by the 
commissioner to issue licenses shall charge a fee of $2 for each 
license issued. 
The commissioner shall charge a fee of $1 for 
each fishing license issued by department employees. 
4. 
Exchange of licenses. 
A license issued under this 
section may not be 
exchanged for another license except as 
provided in this subsection. 
Temporary licenses may be exchanged 
for annual licenses as follows. 
Page l86-LR212l(1) 
A. 
A resident who possesses a 
one-day or 3-day fishing 
license may exchange it in the municipality in which that 
person resides for an annual resident fishing license or a 
resident combination hunting and fishing license upon the 
payment 
to 
the clerk or 
issuing agent of 
$2 
and 
the 
difference between the fee for the one-day or 3-day license 
and the fee for the annual license. 
B. 
A nonresident who possesses a IS-day nonresident fishing 
license may exchange it for an annual nonresident license 
upon the additional payment of $12, the difference between 
the fee for the IS-day license and the fee for the annual 
license, and $2 to the clerk or issuing agent. 
5. 
NOnresident 
junjor 
fisbiD9 
license 
e~iratioD. 
A 
nonresident junior fishing license issued to a nonresident who 
has passed the nonresident's 15th birthday is valid through the 
calendar year for which the license was issued. 
6. 
Schedule of fees. 
The fees for fishing licenses are as 
follows. 
A. 
A resident fishing license is $19. 
B. 
A resident combination hunting and fishing license is 
~ 
c. 
A resident combination archery hunting 
and 
fishing 
license is $36. 
D. 
A nonresident junior fishing license, for persons 12 
years of age or older and under 16 years of age. is $7. 
E. 
A 3-day fishing license for a resident or nonresident. 
valid for the 72-hour period specified on the license, is 
.nL. 
F. 
A nonresident 7 -day fishing license, valid for 7 days 
from date indicated on license. is $34. 
G. 
A nonresident IS-day fishing license. valid for 15 days 
from date indicated on license, is $38. 
H. 
A nonresident season fishing license for persons 16 
years of age or older is $50. 
I. 
An alien season fishing license for persons 16 years of 
age or older is $70. 
J. 
A one-day fishing license for a resident or nonresident. 
valid for the 24-hour period indicated on license. is $9. 
7. 
Reciprocity with Hew Hampshire. When similar legislation 
is enacted by the State of New Hampshire. 
a 
fishing license 
issued to any person by either this State or New Hampshire meets 
all requirements of the law for a fishing license with respect to 
fishing in any lake or pond that lies partly in both of the 
states of Maine and New Hampshire. 
§12502. BQys and girls camps fishing license 
1. 
Issnance of camp fishing license. 
Upon application. the 
commissioner shall issue to a boys or girls camp a camp fishing 
license that will permit any of the boys or girls. under 16 years 
of age. to fish in the lake or pond adjacent to the main camp. 
The fee for this permit is $75. 
Persons who fish under a camp 
fishing license. as provided in this subsection. are subject to 
this Part. 
2. 
Penalty. 
Each day a person violates the terms of the 
special privilege under this section that person commits a civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged. 
§12503. 
Penmitted fishing without license 
1. 
Resident UDder 16 and DQnresident under 12. 
A resident 
under 16 years of age and a nonresident under 12 years of age may 
fish without a license. 
2. 
Land 
used 
for 
agricultural 
punKlses; 
domicile. 
Notwithstanding section 10606 as it applies to this subchapter. 
any resident and any member of the resident's immediate family. 
as long as the angler's license to fish is not under suspension 
or revocation. may fish without a license in open inland waters 
from land: 
A. 
To which they are legally entitled to possession; 
B. 
On which they are actually domiciled: and 
C. 
That is used exclusively for agricultural purposes. 
3. 
Free fishing days. 
The Saturday and Sunday of Father's 
Day weekend and the Saturday and Sunday immediately preceding 
President's Day are free fishing days. 
Notwithstanding sections 
10606 
and 
12501. it is 
lawful 
during 
a 
free 
fishing 
day 
established under this subsection for a person to fish without a 
license in inland waters. except that this subsection does not 
apply to a person whose license to fish is under suspension or 
revocation. 
All 
other 
prov~s~ons of this Part relating to 
fishing apply during a free fishing day. 
4. 
Groups of resident students. 
The 
commissioner 
may 
permit groups of residents who attend high school or who are 
enrolled in special 
education 
courses 
for 
persons 
who 
are 
underprivileged. persons with handicaps or people with special 
learning needs to fish without licenses for periods of not more 
than 3 days as long as the fishing activity is conducted as part 
of an educational program and is under the direct supervision of 
a teacher or instructor. 
A. 
Each day a person violates the terms of the special 
privilege granted under this subsection that person commits 
a civil violation for which a forfeiture of not less than 
$100 and not more than $500 may be adjudged. 
5. 
Patients 
at 
Veterans 
Administration 
Bo§Pital. 
The 
commissioner may permit inpatients at the Veterans Administration 
Hospital at Togus to fish without a license in the inland waters 
within a 25-mile radius of Togus. 
Patients not under the direct 
supervision of hospital staff or volunteer sypervisors shall have 
in their possession while fishing a valid pass issued by the 
Veterans Administration Hospital. 
A. 
Each day a person violates the terms of the special 
privilege granted under this subsection that person commits 
a civil violation for which a forfeiture of not less than 
$100 and not more than $500 may be adjudged. 
6. 
Fishing 
during 
event 
sanctioned 
U 
department. 
Notwithstanding section 10606 as it applies to this subchapter, a 
person who does not hold a fishing license may assist a child or 
a handicapped person who is a participant in a fishing event 
sanctioned by the department. 
§12504. 
Fishing derby and fishing tournament permits 
1. 
Permit required. 
Except as provided in section 12505, a 
person may not conduct a fishing derby or fishing tournament 
without a valid permit issued under this section. 
Each day a person violates this subsection, that person commits a 
Class E crime for which a minimum fine of $50 and amount equal to 
twice the applicable license fee must be imposed. 
2. 
Application. 
A person wishing to conduct a 
fishing 
derby or fishing tournament shall first make application for and 
obtain 
a 
permit 
from 
the 
commissioner. 
A bass 
tournament 
sponsored by a bass club in waters free of ice falls under the 
prov~s~ons of section 12505. 
A completed application for 
a 
permit must include the proposed rules, reguested dates, places, 
times and prize structure for the derby or tournament. 
3. 
Rules. 
The commissioner shall adopt all necessary rules 
relative to permits to ensure that derbies and tournaments are 
conducted only at such times and places and in such a manner as 
are consistent with the fisheries management objectives of the 
department. 
Such rules must include: 
A. 
Specifying the number of derbies or tournaments that may 
be conducted in a given body of water and the dates within 
which they may be conducted. These rules must be reviewed 
periodically; and 
B. 
Fixing the maximum total value of prizes that may be 
awarded at each derby or tournament. 
4. 
Issuance. 
The commissioner, following a determination 
that an applicant has complied with all rules adopted pursuant to 
this section, may issue a permit to the applicant authorizing the 
conduct 
of 
the 
derby 
or 
tournament. 
Applicants 
who 
have 
conducted derbies or tournaments in the reguested body of water 
in the past that have conformed with all rules must be given 
preference in the issuance of permits. 
5. 
Fee. 
The fee for a permit to conduct a fishing derby or 
fishing tournament is $24. 
§12505. Bass tournament permit 
1. 
Permit regpired. 
A person may not 
conduct 
a 
bass 
tournament in waters free of ice without a permit issued under 
this section. 
Each day a person violates this subsection, that person commits a 
Class E crime for which a minimum fine of $50 and amount egual to 
twice the applicable license fee must be imposed. 
2. 
Apg1ication. 
A bass club seeking approval to conduct a 
bass tournament pursuant to this section may make application to 
the commissioner in a manner and form to be designated by the 
commissioner. The a,pplication must include the club • s tournament 
rules, a,ny amendments or changes to the rules a,nd a schedule of 
the dates, places a,nd times of the proposed tournament. 
3. 
ISSuance: 
notification 
to 
municipality. 
The 
commissioner, 
following a 
determination tha,t 
a, 
ba,ss club ha,s 
complied with all rules adopted pursuant to this section, may 
issue a permit to the applicant club authorizing the club to 
conduct the tournament during open season for black bass in 
waters free of ice. 
At least 10 days prior to issuing the 
permit. the commissioner shall notify any affected municipality 
of the receipt of an application for a multi-day bass tournament. 
4. 
Fee. 
The fee for a bass tournament permit is: 
A. 
For weigh-in tournaments. $50 per day: and 
B. 
FQr ~gt~h-gnd-r~l~gS~ tQl"u:nam~nts • ai1Q 
p~r ggy. 
5. 
Restrictions. The cQmmissiQner Shgll ggQpt gIl rules 
necessary tQ carry Qut the purposes Qf this section. incluging. 
but nQt limited tQ: 
A. 
Reguiring 
that 
precgutiQns 
be 
taken 
so 
that. 
if 
PQssible. 
gIl 
fish 
cgught 
mgy 
be 
retaineg alive 
gng. 
follQwing the c1Qse Qf the tQurnament. be released into the 
bQgy frQm which they were taken: 
B. 
Fixing the mgximurn tQtgl yglue Qf prizes thgt mgy be 
gwargeg at each tQurnament: gng 
C. 
Limiting the length Qf 
g 
tQurnament 
tQ 
dgyS. 
A 
tournament lasting mQre than Qne gay must be g regiQngl Qr 
multistate tournament sanctioneg by the applicant bass club. 
§12506. Alewife. eeL sucker and yellow perch permit: elver 
prohibition 
I, 
Permit 
required. 
Except 
as 
Qtherwise 
guthQrized 
pursugnt tQ the this Pgrt gng except as provided in subsectiQn 5. 
a persQn may nQt fish fQr Qr PQssess glewiyes. eels. suckers. 
lampreys or yellow perch without a valid permit issueg under this 
section. 
Each day g persQn yiQIgtes this subsectiQn. that persQn cQmmits a 
Clgss E crime fQr which a minimum fine of ai50 gng amQunt egual to 
twice the applicable license fee must be impQseg. 
2. 
ISSuance. 
The cQrnrniuiQner may iuue permits tQ fiSh 
fQr Qr PQssess glewives. eels. suckers. lampreys gng yellow perch 
unger rules that the cornrnissiQner establishes. if these permits 
gQ nQt interfere with rights grgnteg unger sectiQn 6131. 
A. 
Eels mgy be hgryesteg in inlgng wgters using Qnly eel 
PQts Qr weirs. 
B • 
Alewives, suckers and yellow perch may be harvested in 
inland waters using trap nets, dip nets or spears. 
C. 
Lampreys may be harvested in inland waters by use of a 
hand-held dip net or by hand. 
3. 
Fees: 
tran§fer of permit. 
The 
minimum 
fee 
for 
an 
individual permit for 
alewives, 
suckers, 
lampreys 
and yellow 
perch is $42. 
A crew permit may be sold for alewives, suckers, 
lampreys 
and yellow perch for $100, authorizing up to 3 persons 
to engage in the permitted activity. 
The annual fee for an eel 
pot or weir permit is $100. 
An eel pot or eel weir permit is not 
transferable. 
4. 
Five-year l.imited entr,y: eel. weirs. 
The department may 
not issue an eel weir permit to a person unless that person 
possessed a valid eel weir permit for calendar year 1995. 
The 
department shall adopt routine technical rules pursuant to Title 
5, chapter 375, subchapter 2-A regarding the issuance of eel weir 
permits. 
The number of weirs and the number of square miles of 
watersheds in this State fished by eel weirs may not exceed those 
permitted in calendar year 1995. 
5. 
Exception 
to 
permit 
requirement. 
Notwithstanding 
subsection 1: 
A. 
A person may fish for alewives by use of a dip net or 
single hook 
and line for 
consumption by that person or 
members of that person's family, provided that the person 
takes or possesses no more than one bushel in any day and 
provided also that the alewives are not taken from any 
waters in which a municipality or other person has been 
granted exclusive rights under section 6131; 
B. 
A person licensed or otherwise entitled to fish in Maine 
waters may take suckers for that person's use in all rivers, 
brooks and streams that are open to fishing between April 
1st and June 30th of each calendar year by the use of a hand 
spear, bow and arrow or by snagging. 
If suckers are taken 
by bow and arrow, the arrow must have a barbed or prong 
point and must be attached to the bow with a line: 
C. 
A person may fish for or possess alewives from inland 
waters if that person has been granted fishing rights under 
section 6131: and 
D. 
A person may take suckers for use as bait for fishing in 
inland waters as provided in section 12551 without a permit 
under subsection 2. 
6. 
Eels 
and 
elvers 
probibitions. 
The 
following 
prohibitions apply to the harvesting of eels and elvers in inland 
waters. 
A. 
A person may not fish for or take elvers from inland 
waters. 
B. 
A person other than the owner of a weir used to fish for 
or take eels in inland waters may not tend that weir while 
the weir is immersed unless that person has in the person's 
possession written permission from the owner to tend the 
weir or is in the presence of the owner and has the owner's 
permission to tend the weir. 
§l2S07. License to cultivate or sell ca.ercialb' grown and 
imported fish 
1. 
License 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. a person may not cultivate or sell fish 
that have been commercially grown within the State or imported 
from outside the State without a valid license issued under this 
section. 
Each day a person violates this subsection. that person commits a 
Class E crime for which a minimum fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
2. 
Issnance. 
The 
commissioner 
may 
issue 
a 
license 
to 
cultivate and sell fish that have been either cOmmercially grown 
within the State or imported from without the State. 
3. 
Application. 
This section does not apply to and the 
commissioner may not issue permits governing any aspect of either 
the commercial aquaculture of Atlantic salmon when intended for 
use in commercial aquaculture in coastal waters or the Atlantic 
salmon restoration program. 
4. 
Fee. The fee for a license to sell commercially grown or 
imported fish is $25 annually. 
5. 
Restrictions. The following provisions must be observed. 
A. 
A license issued pursuant to subsection 2 must be kept 
constantly and publicly posted in the office or place of 
business of the licensee. 
B. 
Whenever a person sells fish in more than one wholesale 
or retail outlet. each outlet must be licensed. 
C. 
All fish sold under this section must be identified with 
the name and address of the source of the fish in a manner 
approved by the commissioner. A person may not offer for 
sale any commercially grown or imported fish that is not so 
identified. 
D. 
A licensee 
shall 
keep 
invoices 
of 
fish 
sold 
and 
purchased 
under this section so 
that the 
invoices 
are 
available at all times for inspection by the commissioner or 
the commissioner's duly authorized agent. 
6. 
Penalty. 
Each day a person violates any restriction of 
a license issued under this section that person commits a civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged. 
§12S08. LiCense to qperate private fee POnd 
1. 
License regyired. 
A person who owns a private pond may 
not charge others for the opportunity to fish in that private 
pond unless the owner of that pond possesses a valid private fee 
pond license issued by the commissioner under this section. 
Each day a person violates this subsection. that person commits a 
Class E crime for which a minimum fine of $50 and amount equal to 
twice the applicable license fee must be imposed. 
2. 
LiCensed 
activities. 
A 
private 
fee 
pond 
license 
authorizes the owner of a private pond to charge others for the 
opportunity to fish in that private pond and authorizes persons 
who fish in that pond to fish for. take. possess and transport 
fish harvested from that pond. notwithstanding other provisions 
of the law or rules of the department pertaining to manner. time. 
season. bag limit. length limit or fishing license requirements. 
3. 
Fee. 
The fee for a private fee pond license is $25. 
4. 
Restrictions. All fish taken from a private fee pond 
operated pursuant to this section must be killed prior to being 
transported from the site. 
All fish transported from the site 
must 
be 
tagged 
as 
provided 
by 
rules 
established 
by 
the 
commissioner. 
§12S09. Permit to import 1ive freshwater fish or eggs 
1. 
Permit 
regyired. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. a person may not introduce. import or 
transport any live fish or gametes into the State or receive or 
have in that person I s possession fish or gametes so introduced. 
imported or transported without a valid permit issued under this 
section. 
Each day a person violates this subsection. that person commits a 
Class E crime for which a minimum fine of $50 and amount eQual to 
twice the applicable license fee must be imposed. 
2. 
Issuance. 
The 
commissioner 
may 
grant 
permits 
to 
introduce. import or transport any live fish or gametes into the 
State or to receive or have in possession fish or gametes so 
introduced. 
imported 
or 
transported 
if 
the 
commissioner 
determines that the species does not pose an unreasonable risk to 
any species of fish or other organism after evaluating fish 
health. 
habitat 
and 
population 
management 
issues. 
The 
commissioner may not adopt rules or issue permits governing any 
aspect of either the commercial aQuaculture of Atlantic salmon 
when intended for use in commercial aquaculture in coastal waters 
or the Atlantic salmon restoration program. 
3. 
Ap,plication. Importers shall. when reQuesting a permit 
issued pursuant to subsection 2. provide the commissioner with 
the following information: 
A. 
The number and species to be imported: 
B. 
The name and address of the source: 
C. 
A statement from a fish health inspector certified by 
the American Fisheries Society. a fish pathologist certified 
by the American Fisheries Society or a licensed accredited 
veterinarian. certifying that the fish or gametes are from 
sources 
that 
show 
no 
evidence 
of 
viral 
hemorrhagic 
septicemia. 
infectious 
pancreatic 
necrosis. 
infectious 
hematopoietic 
necrosis. 
Myxosomo 
cerebralis 
or 
other 
diseases that may threaten fish stocks within the State: and 
D. 
Other 
professionally 
recognized 
tests 
or 
analyses. 
including evaluation of fish health. habitat or population 
management issues that the commissioner may reQuire by rule 
to ensure that the species will not pose an unreasonable 
risk to any species of fish or other organism. 
4. 
Rules. 
The commissioner may adopt rules allowing the 
possession and importation of certain species of tropical fish 
and goldfish without a permit. for aQuarium purposes only. if the 
commissioner 
determines 
that 
the 
species 
does 
not 
pose 
an 
unreasonable risk to any species of fish or other organism after 
evaluating 
fish 
health. 
habitat 
and 
population 
management 
issues. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
§125l0. Permit to stock inl.and waters 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not introduce fish of any 
kind into any inland waters without a valid permit issued under 
this section. 
A person who violates this subsection commits a 
Class E crime. except that. notwithstanding Title 17-A. section 
1301. the fine may not be less than $1,000 or more than $10,000. 
2. 
Issuance. The commissioner may issue a written permit 
allowing a person to introduce fish of any kind into any inland 
waters by means of live fish or otherwise. 
§125l1. 
Permdt to introduce fish or fish spawn into private 
P2ml 
The commissioner may issue a written permit to introduce 
fish or fish spawn into a private pond. 
§125l2. Permit to transport live fish for breeding 
and advertising 
The commissioner may issue a permit to a person permitting 
that person to take and transport within the limits of the State 
fish taken in the State for breeding or advertising purposes. 
§12513. Permdt to tate baitfish 
Whenever 
inland 
waters 
are 
closed 
to 
fishing. 
the 
commissioner may issue permits to take baitfish for bait purposes 
from those waters. 
StJBCBAP"IER 3 
0 
LIVE BAIT: DEALIlfG« 'mAPPIlfG AND PQSSESSICB 
§1255l. Dealing in live §IIlelts and baitfish 
1. 
Definition. 
For purposes of this section, "business 
facility" means a fixed place of business and does not include a 
motor vehicle or trailer. 
Live smelts or baitfish that are held 
in or on a motor vehicle or trailer by a person licensed under 
this section are considered in transport even if the motor 
vehicle or trailer may 
be temporarily placed at a 
specific 
location by the licensee, or the licensee's designee, for the 
purpose of selling live smelts and baitfish to anglers. 
2. 
License 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. a person may not engage in any activity. 
for which a license may be issued under this section without a 
valid license issued under this section, 
Each day a person violates this subsection. that person commits a 
Class E crime for which a minimum fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
3. 
Eligibility. 
A resident or nonresident is eligible to 
obtain a license to deal in live smelts and baitfish upon payment 
of the appropriate fee. 
4. 
ISSuance. 
The commissioner may issue live smelt and 
baitfish licenses in the following categories. 
A, 
A live bait retailer's license permits 
a 
person to 
possess for resale, sell or offer to sell live smelts, 
Osmerus mordax, and baitfish, as defined in section 10001, 
subsection 6. 
B. 
A baitfish wholesaler'S license permits a person to take 
and possess for resale, sell or offer to sell live baitfish. 
C. 
A smelt wholesaler's license permits a person to take 
and possess for resale. sell or offer to sell live smelts, 
5. 
Schedule of fees. 
The fees for licenses under this 
section are: 
A. 
For a live bait retailer's license, $14: 
B. 
For a baitfish wholesaler's license, $24; and 
c. 
For a smelt wholesaler's license. $69. 
6. 
Live 
bait 
retailer's 
license. 
The 
following 
restrictions apply to the selling of live smelts and baitfish 
under the live bait retailer's license. 
A. 
If a person sells live smelts or baitfish from more than 
one retail facility, that person must obtain a 
separate 
license for each place of business. 
B, 
The 
holder 
of 
a 
live bait retailer's license 
may 
designate others 
to assist in selling live smelts 
and 
baitfish at the license holder's business facility. 
C. 
The holder of a 
live bait retailer's license, or a 
designee, may transport live smelts and baitfish. 
D. 
The holder of a live bait retailer's license may possess 
more 
than the daily bag limit of smelts at any 
time, 
providing that the smelts were acquired in a lawful manner. 
As 
evidence of lawful possession, the receipted invoice, 
bill of lading, bill of sale or other satisfactory evidence 
must 
be 
presented 
upon 
request 
to 
any 
agent 
of 
the 
commissioner. 
E. 
A person licensed to sell live fish as bait may not 
possess at that person's place of business any species of 
fish that may not legally be sold as bait. 
F. 
A person holding a live bait retailer's license may 
obtain live smelts only from 
a 
person lawfully licensed 
under this section to deal in live smelts. 
7. 
Baitfish 
wholesaler's 
license 
restrictions. 
The 
following 
restrictions 
apply 
to 
the 
taking 
and 
selling of 
baitfish under the baitfish wholesaler's license. 
A. 
A person engaged in taking, or assisting in taking, live 
baitfish for resale from inland waters must hold a current 
baitfish wholesaler'S license, which must be exhibited upon 
request to any agent of the commissioner. 
B. 
The holder of a baitfish wholesaler's license may take 
baitfish by use of a seine as defined in section 10001. 
subsection 55: a baitfish trap as defined in section 10001, 
subsection 7: a dipnet, a dropnet, a lift net or a bag net: 
or by hook and line. 
C. 
The holder of a baitfish wholesaler's license may use 
particles of food for the purpose of luring baitfish to a 
baitfish trap, a dipnet, a dropnet, a lift net or a bag net. 
D. 
If a 
person sells live baitfish from more than one 
wholesale facility, 
that person must obtain 
a 
separate 
license for each place of business. 
E. 
Th~ 
hQlg~r Qf 
a 
:baitfish 
whQl~§al~:r;:'§ 
li~~n§~ may 
g~li.ignat~ 
Qth~r§ tQ 
aui§t 
th~ 
hQlg~r in 
§~lling 
liv~ 
:t!aitfi§h at th~ hQlg~r'§ :bYliin~u fa~ility. 
F. 
The holder Qf a baiHish whole§aler' s licen§e, or the 
hQlger'§ gesignee, may tran§PQrt live :baitfish. 
G. 
The holder of a baitfish wholesale license who attempts 
to take live bait for resale using drop nets from the inland 
waters of the State by fishing through the ice shall mark 
all holes made in the ice by that person for that purpose. 
The holes must be marked by suspending at least one strand 
of fluorescent biodegradable tape at least 3 feet above the 
ice around the entire perimeter of the hole so that the tape 
is visible from all sides. 
H. 
The holder of a baitfish wholesaler's license may not 
take eels. 
I. 
The holder of a baitfish wholesaler's license may not 
take or sell suckers. 
Genus Catostomus. greater than 10 
inches in length between April 1st and September 30th of 
each year. 
J. 
A person licensed to sell live fish as bait may not 
possess at that person's place of business any species of 
fish that may not legally be sold as bait. 
8. 
SIIlelt wholesaler's license restrictions. 
The following 
restrictions apply to the taking and selling of live smelts under 
the smelt wholesaler'S license. 
A. 
Any person engaged in taking. or assisting in taking. 
live smelts for resale 
from 
inland waters must hold 
a 
current smelt wholesaler's license. which must be exhibited 
upon request to any agent of the commissioner. 
B. 
The holder of a smelt wholesaler's license may take live 
smelts for resale from any inland water in accordance with 
general rules adopted by the commissioner in regard to the 
taking of 
smelts. 
The holder of 
a 
smelt wholesaler's 
license shall comply with the same daily bag limit and the 
same tackle restrictions that a.pply to all other anglers. 
The holder of a 
smelt wholesaler's license may not take 
multiple limits from waters governed by general rules in 
order to attain the 8-quart limit of smelts described in 
paragra.ph C. 
C. 
The holder of a smelt wholesaler's license may use a 
baitfish trap. a dipnet. a dropnet. a lift net. a bag net or 
hook and line to take UP to 8 qUarts of smelts in a 24-hour 
period. beginning at noon on a given day, 
from specific 
inland waters designated by the commissioner. 
A seine may 
not be used to take smelts. 
D. 
The holder of 
a 
smelt wholesaler's license may use 
particles of food for the purpose of luring smelts to a 
baitfish trap. a dipnet. a dropnet. a lift net or a bag net. 
E. 
The holder of a smelt wholesaler's license may transport 
or possess at the holder's business facility more than the 
daily bag limit of smelts at any time. providing that the 
smelts were acquired in a lawful manner. 
If the smelts were 
purchased from another person. a receipted invoice. bill of 
lading or bill of sale must be presented upon request to any 
agent of the commissioner. 
F. 
If 
a 
person sells live smelts 
from 
more 
than one 
wholesale 
facility. 
that person must obtain 
a 
separate 
license for each place of business. 
G. 
The holder of a smelt wholesaler's license may designate 
others to assist in selling live smelts at the holder'S 
business facility. 
H. 
The holder of 
a 
smelt wholesaler's license. or the 
holder's designee. may transport live smelts. except that 
live smelts being transported directly from an inland water 
source must be accompanied by the licensee. 
The holder of a 
smelt wholesaler's license may not transport from an inland 
water source to the licensee's place of business more than 8 
quarts of live smelts. 
I. 
The holder of a smelt wholesaler's license who attempts 
to take live smelts for resale using drop nets from the 
inland waters of the State by fishing through the ice must 
mark all holes made in the ice by that person for that 
purpose. 
The holes must be marked either by evergreen 
boughs placed around the hole or by suspending at least one 
strand of fluorescent biodegradable tape at least 3 feet 
above the ice around the entire perimeter of the hole so 
that the tape is visible from all sides. 
J. 
A person holding a smelt wholesaler's license may obtain 
live smelts only from a person lawfully licensed under this 
section to deal in live smelts. 
K. 
A person holding a smelt wholesaler's license must. at 
the time that person is engaged during the winter months in 
the taking of smelts. by any method other than hook and 
line. have a number 14 fish grader in operable condition in 
that person's 
immediate 
proximity during 
the 
taking of 
smelts and must use that grader during the smelt harvesting 
activity. 
The license holder must liberate immediately all 
undersized smelts alive into the waters from which they were 
taken. 
For the purpose of this paragraph, 
a 
number 
grader is a grader having a minimum grate size of 14/64 
inches. 
L. 
A person licensed to sell live fish as bait may not 
possess at that person's place of business any species of 
fish that mgy not legally be sold as bait. 
For purposes of this subsection, live smelts are considered in 
possession of the licensee once the smelts have been removed from 
the inland waters and placed in a container. 
9. 
Effect of revoked or suspended license. 
A person whose 
license to deal in live smelts and baitfish has been revoked or 
suspended pursuant to section 10902 may not assist another dealer 
in selling or transporting live smelts and baitfish. 
10. 
Inspection of live smelts and baitfish. 
A person 
licensed under this section who possesses live smelts or baitfish 
at a fixed place of business shall make those fish available for 
inspection by a warden or a department fisheries biologist during 
normal business hours. 
A person licensed under this section who 
possesses live smelts or baitfish at a location other than the 
licensee's 
fixed 
place 
of 
business 
shall 
make 
those 
fish 
available for inspection by a warden or a department fisheries 
biologist at any time, upon request. 
§12552. Purchase of live smelts from unlicensed dea1ers 
1. 
Prohjbition. 
A person licensed to deal in live baitfish 
pursuant to section 12551 may not purchase live smelts from a 
person who does not hold a current license to sell live smelts 
issued pursuant to section 12551, subsection 4, paragraph A or C. 
2. 
PeDH1tlT. 
A person who violates subsection 1 commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
The commissioner, subject to the hearing provisions of section 
10902, shall revoke for a period of at least one year from the 
date of conviction any licenses issued under section 12251 to a 
person convicted of a violation of subsection 1. 
§12553. Selling. using or possessing baitfish 
1. 
Selling. ging or possessing unlawful baitfish. A person 
may not. except as provided in this section, sell. offer for 
sale, use or possess for use as bait for fishing any species of 
fish other than baitfish as defined in section 10001, subsection 
h 
A. 
Nothing in this Title prohibits the use of commercially 
prepared eggs from species that do not naturally occur in 
the State for bait. 
B. 
A person may take baitfish from all inland waters of the 
State during the period that those waters 
are open to 
fishing and the commissioner may grant permits in accordance 
with section 12513 to take baitfish from certain waters at 
any time. 
A person who violates this subsection commits a Class E crime. 
The court shall. in addition. impose a fine of $20. none of which 
may be suspended. for each fish illegally possessed. 
2. 
Sale 
of 
bait 
or 
baitfish 
in 
pol;rstyrene 
foam 
contaipers. 
A person who sells bait or baitfish may not provide 
or sell the bait or baitfish in containers that are composed in 
whole or in part of polystyrene fOam plastic. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $lOO nor more than $500 
may be adjudged. 
3. 
Failure to label baitfish traps« dro.p nets or baitfish 
holding boxes. A person may not set or place within the inland 
waters of the State any baitfish trap. drop net or baitfish 
holding 
box 
without 
having the baitfish trap. 
drop 
net or 
baitfish holding box plainly labeled with that person's full name 
and address. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§12554. Disturbing baitfish traps or baitfish holding boxes 
A 
person may not disturb or take any baitfish trap or 
baitfish holding box or any fish from any baitfish trap or 
baitfish holding box other than that person's own without the 
consent of the owner of the baitfish trap or baitfish holding box. 
A person who violates this section commits a Class E crime. 
The 
court shall also 
impose 
a 
fine of 
$20 
for 
each fish 
unlawfully possessed. none of which may be suspended. 
§12555. Checking baitfish traps 
While trapping for bai tfish in the inland waters with the 
use of a baitfish trap as defined in section 10001. subsection 7, 
a person may not fail to check the baitfish trap or fail to cause 
the baitfish trap to be checked at least once in every 7 calendar 
days. 
A person who violates this section commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§12556. Importipg live bait 
A person may not import into this State any live fish. 
including smelts. that are commonly used for bait fishing in 
inland waters. 
A person who violates this section commits a Class E crime. 
The 
court shall also 
impose 
a 
fine 
of 
$20 
for 
each fish 
unlawfully possessed. none of which may be suspended. 
SUBCHAPTER 4 
GEliERAL FISBIBG PRQVISIQlfS 
§12601. 
Rule violations; qpen-vater fishipg or ice fishing 
Notwithstanding section 10602. a person who violates a rule 
regulating open-water fishing or ice fishing. 
except a 
rule 
implementing a statute the violation of which is a Class E crime. 
commits a civil violation for which a forfeiture of not less than 
$100 not more than $500 may be adjudged. 
§12602. Violation of Dlmmpr. amount. weight or size limits 
A person may not: 
1. 
Fish in violation of certain rules. 
Fish in violation 
of the number. amount. weight or size limits established by rules 
adopted by the commissioner: or 
2. 
Possess fish in violation of certain rules. 
Possess 
fish in violation of the number. amount. weight or size limits 
established by rules adopted by the Commissioner. 
A person who violates this section commits a Class E crime. 
The 
court shall 
also 
impose 
a 
fine 
of 
$20 
for 
each fish 
unlawfully possessed. none of which may be suspended. 
§12603. Failure to observe Maine Indian Tribal-State Commission 
rules and regulations 
1. 
Prohibition. 
A person may not fish in any pond or in 
that portion of any river or stream subject to the authorit.y of 
the Maine Indian Tribal-St.at.e Commission creat.ed by Title 30, 
Part. 4 in violation of t.he rules or regulat.ions of the commission. 
2. 
Pena1ty. 
A person who violates t.his section commit.s a 
civil violat.ion for which a forfeiture of not less t.han $100 nor 
more t.han $500 may be adjudged. 
§12604. C10sed season vio1ation 
1. 
Prohibition. 
A person may not. fish for any fish during 
t.he closed season or possess any fish t.aken during t.he closed 
season on that fish. 
2. 
Pena1ty. 
A person who violat.es this section commit.s a 
Class E crime. 
The court. shall also impose a fine of $20 for 
each fish unlawfully possessed, none of which may be suspended. 
§1260S. Fishing in waters c10sed to fishing 
1. 
Prohibition. 
A person may not. fish in inland waters 
closed t.o fishing as described in section 12457 except that a 
person may fish for alewives and smelts in the manner provided 
under t.he laws regulat.ing marine resources. 
2. 
Pena1ty. 
A person who violates t.his sect.ion commit.s a 
Class E crime. 
The court. shall also impose a fine of $20 for 
each fish unlawfully possessed, none of which may be suspended. 
§12606. 
Ice fishing: waters c10sed to fishing 
1. 
Prohibition. 
A person may not. ice fish in inland wat.ers 
closed t.o ice fishing, except. t.hat. person may fish for alewives 
and smelt.s in t.he manner provided under the laws regulat.ing 
marine resources. 
2. 
Pena1t,y. 
A person who violates this section commit.s a 
Class E crime. 
The court. shall also impose a fine of $20 for 
each fish unlawfully possessed, none of which may be suspended. 
§12607. Un1awtu11y introducing department-raised fish or 
fish spawn 
1. 
Prohibition. 
A person may not. introduce fish or fish 
spawn raised by t.he department. int.o a privat.e pond, unless t.he 
department. permit.s t.he int.roduction for fishing event.s held in 
conjunction wit.h educat.ional or special programs sanctioned by 
the depart.ment. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
The court shall also impose a fine of $20 for 
each fish unlawfully possessed. none of which may be suspended. 
§1260a. Failure to label fish 
1. 
Prohibition. 
A person may not keep any black bass. 
salmon. 
togue or trout at any sporting camp. hotel or public 
lodging place unless the name and address of the person who 
caught the fish is attached to the fish. 
2. 
Penalty. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§12609. Purchase or sale of certain fish 
A person may not directly or indirectly purchase or sell 
black bass. landlocked salmon, pickerel. tague, trout or white 
perch except for: 
1. 
Fish produced b.Y cQDDercial producers or imported. 
Fish 
that have been lawfully produced by commercial producers within 
the State or that have been lawfully imported from without the 
State: and 
2. 
Skins of fish preserved through taxide~. The skins of 
fish that have been preserved for display through the art of 
taxidermy. 
A person who violates this section commits a Class E crime. 
The 
court shall also 
impose 
a 
fine 
of 
$20 
for 
each fish 
unlawfully possessed. none of which may be suspended. 
§12610. Un1avtul importation or sale of certain fresh or frozen 
fish 
1. 
Prohibition. 
A person may not import or offer for sale 
fresh or frozen salmon. brook trout. brown trout. rainbow trout, 
lake trout or any member of the family salmonidae whose source is 
outside of the continental United States. Canada or Alaska or 
their adjacent waters. 
2. 
Penalt:r. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
SUBCHAPTER 5 
UBLAWFUL FISHING ME'TBODS 
§12651. 
Snagging 
1. 
Prohibition, 
Except 
as 
provided 
in section 12506, 
subsection 5, paragraph B, a person may not fish by snagging as 
defined by section 10001, subsection 58. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
The court shall also impose a fine of $20 for 
each fish unlawfully possessed, none of which may be suspended. 
§12652. Fishing with more than 2 lines 
1. 
Prohibition. 
Except in accordance with section 12659, 
subsections 1 and 2, a person may not fish with more than 2 lines 
at anyone time. 
2. 
Violation. 
Violation 
of 
this 
section is 
a 
civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged. 
§12653. Taking fish Qr e~losiye, poisonous or stupefying 
substance 
1. 
Prohibition. 
A person may not use dynamite or any other 
explosive, poisonous or stupefying substance at any time for the 
purpose of taking or destroying any kind of fish. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
The court shall also impose a fine of $20 for 
each fish unlawfully possessed, none of which may be suspended. 
§12654. 
Unlawful angling or fishing 
1. 
Prnbibition. 
A person may not angle or fish other than 
by the use of the single baited hook and line, artificial flies, 
artificial lures and spinners, except that a 
person may take 
smelts in accordance with rules adopted with regard to the taking 
of smelts. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
The court shall also impose a fine of $20 for 
each fish unlawfully possessed, none of which may be suspended. 
§12655. Unlawful use of bait 
A person may not use live, dead or chemically preserved 
natural or organic bait or food in water at times in which 
fishing is limited by rule to the use of artificial lures only. 
§12656. 
Possession and use of un1awfu1 implements and devices 
1. 
Prohibition. 
A person may not: 
A. 
Possess any grapneL trawL weir. seine. gill net or 
trap or set line on or adjacent to any of the inland waters 
of the State. except in accordance with sections 12157 and 
12506 and section 12763. subsections 3 and 4: or 
B. Except as otherwise provided. use any grapnel. spear, 
spear gun. trawl. weir. gaff. seine. gill net, trap or set 
lines for fishing. 
(1) 
A person may take suckers. eels • 
alewives and 
yellow perch in accordance with section 12506. 
(2) 
A person may take baitfish with a baitfish trap, 
as defined in section 10001. subsection 7. 
2. 
Pena1U. 
A person who violates this section commits a 
Class E crime. 
The court shall also impose a fine of $20 for 
each fish unlawfully possessed. none of which may be suspended. 
§12657. Adyance baiting 
1. 
Prohibition. 
Except as provided in subsection 2, 
a 
person may not deposit any meat. bones. dead fish, parts of meat. 
bones. or dead fish or other food for fish for the purpose of 
luring fish. a practice known as "advance baiting. " 
2. 
Exception. 
A person may place food particles in a 
baitfish trap for the purpose of luring baitfish. 
3. 
PeDal U. 
A person who violates subsection 1 commits a 
civil violation for which a forfeiture of not less than S100 nor 
more than S500 may be adjudged. 
§12658. Unlawfully trolling fly 
1. 
Prohibition. 
A person mcur not troll a fly in inland 
waters restricted to fly-fiShing. 
2. 
Penalty. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than SlOO nor 
more than $500 may be adjudged. 
§12659. Ice fishing regulations 
1. 
Fiye line limit. 
Unless otherwise provided by rule. a 
person licensed to fish may fish through ice in the daytime with 
not more than 5 lines set or otherwise. which must be under that 
person's immediate 
superv~s~on. in any waters that have been 
opened to ice fishing by the commissioner. 
2. 
Cusk. 
Unless otherwise provided by rule. 
a 
person 
licensed to fish may fish through the ice in the nighttime for 
cusk in waters that have been opened pursuant to section 12454. 
subsection I. paragraph B. by using not more than 5 lines set or 
otherwise. 
All lines set for cusk in the nighttime must be 
visited at least once every hour by the person setting them. 
3. 
Black bass. Unless otherwise provided by rule. a person 
may take black bass through the ice during the same period that 
it is lawful to take salmon and trout. 
4. 
Violation. 
A person may not fail to comply with any 
provision of this section. 
5. 
Penalty. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§12660. 
Antifreeze agents 
Adding 
substances 
containing 
ethylene 
glycol 
or 
other 
antifreeze agents to the waters of this State is a violation of 
Title 38. section 413. 
§12661. Ice fishing shacks 
1. 
Prohibitions. 
A person who owns any shack or temporary 
structure used for ice fishing may not: 
A. 
Leave or allow the shack or structure to remain on the 
ice of any inland waters more than 3 days after the waters 
on which the shack or structure is located are closed to ice 
fishing; 
B. 
Place or allow the shack or structure to be placed on 
the ice of any inland waters more than 3 days before the 
waters on which the shack or structure is located are opened 
to ice fishing; or 
c. 
Fail to have painted on the outside of the shack or 
structure in 2-inch letters the owner's name and address 
when the shack or structure is on the ice of any inland 
waters. 
2. 
Penalty. 
A person who violates subsection 1 commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
3. 
Removal 
of 
abandoned 
ice 
fishing 
shacks. 
Notwithstanding 
the 
provisions 
of Title 
33, 
chapter 
41, 
a 
landowner on whose property an ice fishing shack is left in 
violation of Title 17, section 2264 may remove or destroy the 
shack. 
The 
landowner 
may recover 
any costs of 
removing or 
destroying the shack from the owner of the shack in a civil 
action. 
§12662. 
Hight ice fishing 
1. 
PrObibition. 
Except 
as 
provided in section 
12659, 
subsection 2, 
a person may not ice fish from 112 hour after 
sunset to 1/2 hour before sunrise of the following morning. 
2. 
Penalty. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§12663. Unlawful sale of lead sinkers 
1. Prohibition. 
A person may not: 
A. 
Sell a lead sinker for fishing that contains any lead 
and weighs 1/2 ounce or less; or 
B. 
Offer for sale a lead sinker for fishing that contains 
any lead and weighs 1/2 ounce or less. 
For the purposes of this subsection, "sinker" means a device that 
is designed to be attached to a fishing line and intended to sink 
the line. 
"Sinker" does not include artificial lures, weighted 
line, weighted flies or jig heads. 
2. 
Civil penalty. 
A person who 
violates this section 
commits a civil violation for which a forfeiture of not less than 
$100 nor more than $500 may be adjudged. 
CHAPTER 925 
FISH AND WILDLIFE MANAGEMENT AND RESEARCH 
SOBCBAPTER 1 
WILDLIFE MANAGEMENT AND RESEARCH 
§1270l. 
Commissioner's authority over sanctuaries: 
management areas and access sites 
1. 
Public use. The commissioner may, pursuant to section 
10104, adopt rules regulating hunting, fishing, trapping or other 
public use of any wildlife management area or wildlife sanctuary 
as designated in section 12706, 
subsection 1, except that a 
landowner may not be prohibited from operating any vehicle on 
land on which that person is domiciled. 
2. 
Batura! products. The commissioner may harvest and sell 
natural products of the land from land owned by the department. 
3. 
Trapping. The commissioner may regulate the trapping of 
wild animals on wildlife sanctuaries or closed territories. 
4. 
Fees. 
The commissioner may establish reasonable fees 
for admission to the Maine Wildlife Park and the Steve Powell 
Wildlife Management Area at Perkins Township, Sagadahoc County, 
known as Swan Island and Little Swan Island. 
5. 
Access 
sites 
to 
inland 
and 
COastal 
waters. 
The 
commissioner may, pursuant to section 10104, subsection 1, adopt 
rules 
regulating 
public 
use 
of 
department-owned 
or 
department-maintained sites that provide public access to inland 
or coastal waters. 
The 
commissioner may establish reasonable 
fees for use of these sites by members of the public as necessary 
to help defray the cost of routine maintenance and security. 
§12702. 
Rule yiolations: state=awned wildlife mapagement areas 
Notwithstanding section 10602, a person who violates a rule 
regulating state-owned wildlife management areas commits a civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged. 
§12703. Rule violations: state game farms 
Notwithstanding section 10602, a person who violates a rule 
regulating state game farms commits a civil violation for which a 
forfeiture of not less than $100 nor more than $500 may be 
adjudged. 
§12704. 
Permit to hunt, trap, possess, band and tranSport wild 
animals and wild birds for scientific puxposes 
The 
commissioner 
may 
issue 
a 
permit 
to 
any 
person, 
permitting that person to hunt, trap, possess, band and transport 
wild animals and wild birds for scientific purposes. 
§12705. 
Rule violations; scientific collection pe~its 
Notwithstanding section 10602. a person who violates a rule 
regulating 
scientific 
collection 
permits 
commits 
a 
civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged. 
§12706. Wildlife sanctuaries 
1. 
Designation of wildlife sanctuaries. 
The 
following 
described territories are designated as wildlife sanctuaries and 
are subject to the commissioner's authority under section 12701: 
A. 
Back Bay Sanctuary, Portland: Back Bay, so called, in 
Portland, in the County of Cumberland, above the Grand Trunk 
Railway bridge or within the area enclosed by a boundary 
line drawn 
as 
follows: 
Beginning at Fish Point at the 
easterly end of 
the Eastern Promenade 
in the 
City of 
Portland, thence extending about northeasterly to Pomeroy's 
Rock, thence about northeasterly to Mackworth or Half-way 
Rock southerly of Mackworth or Mackey Island, thence in a 
northerly direction to a point marked by a buoy L 000 feet 
from the most easterly point of Mackworth Island, so called, 
thence in a northwesterly direction 700 yards more or less 
to the northernmost point of the large ridge on the north 
side of Mackworth Island, thence in a north northwesterly 
direction in a straight line about parallel to the Town of 
Falmouth shore to the point on the shoreline where the 
property known as the Berry Estate meets the property known 
as 
the Portland Country 
Club, 
thence 
northwesterly 
and 
southwesterly along the shore line of the Town of Falmouth 
including that of the salt water 
pond adjacent to the 
property known as the Portland Country Club to Mackworth or 
Mackey Point, thence about southwesterly along the easterly 
side of Martin Point bridge to the shore of East Deering 
(United 
States 
Marine 
Hospital) 
Portland, 
thence 
about 
southwesterly and southerly along said East Deering shore to 
the Grand Trunk bridge, thence along the easterly side of 
said 
Grand 
Trunk 
bridge 
to 
the 
shore 
of 
the 
Eastern 
Promenade, Portland. thence about southerly along said shore 
of the Eastern Promenade to the said Fish Point. the point 
of beginning; 
B. 
Baxter State Park: The following described tracts of 
territory 
situated 
in 
the 
Counties 
of 
Penobscot 
and 
Piscataquis 
W. 
E. 
L. 
S. 
the 
Same 
being in unorganized 
townships. 
to wit: That portion of Township 6. 
Range 8, 
Penobscot Count,y in t,he southwest, corner of said township 
bounded and described as follows: Beginning at, the southwest, 
corner of said t,ownship t,hence nort,h along the west, line of 
said township to First Grand or Matagamon Lake: 
thence 
easterly. 
southeasterly and 
southerly along 
the western 
shore of said lake to the point where the said western shore 
intersects the north line of the Dam Lot, so called. which 
was conveyed to the East Branch Dam Company by deed dated 
October 28. 1902 and recorded in Penobscot County Registry 
of Deeds in book 727. page 335 and reputed to be now owned 
by the East Branch Improvement Company: thence running west 
along the north line of said Dam Lot to the northwest corner 
thereof: thence running south along the west line of said 
Dam Lot to the southwest corner thereof: thence running east 
along the south line of said Dam Lot to the East Branch of 
the Penobscot River; 
thence running south by said East 
Branch to a point in the south line of said township where 
the said East Branch intersects the Same: thence running 
west along the said south line of said township to the 
southwest corner thereof and the point of beginning; all of 
Township 3. Range 9. Piscataquis County now the property of 
the State of Maine: All of Township 4. Range 9. Piscataquis 
County: All of Township 5. Range 9. Piscataquis County: That 
portion of Township 6. Range 9. Piscataquis County lying 
south of Trout 
Brook 
and 
south of 
Wadleigh 
Brook 
and 
extending from the east line of said township across said 
township to the west line thereof: All of Township 3. Range 
10. 
Piscataquis 
County: 
All 
of 
Township 
4. 
Range 
10. 
Piscataquis County: All of Township 5. Range 10. Piscataquis 
County. excepting therefrom an area of 20 acres in the 
southwesterly 
quarter 
thereof. 
formerly 
owned 
by 
and 
belonging to Charles A. 
Daisey. 
now owned by Arnold R. 
Daisey. which was excepted and reserved from a deed from 
Percival Proctor Baxter to the State of Maine. as set forth 
in chapter 91 of the private and special laws of 1943. The 
said within descr ibed 8 tracts or parcels of land contain 
149.506 acres. more or less: 
C. 
BeauchamP Sanctuary: The following described territory 
situated in Rockport and Camden. in the County of Knox: 
Beginning at the mouth of Goose Riyer in Rockport: thence in 
a northerly direction along number 1 highway to the mouth of 
the Megunticook 
River in Camden: 
thence in a 
southerly 
direction along the coast around Metcalf Point and BeauchamP 
Point and thence in a northerly direction to the said Goose 
Riyer: 
D. 
Carver's 
Pond 
Waterfowl 
Sanctuary: 
The 
waters 
of 
Carver's Pond. so called. in the Town of Vinalhaven. County 
of Knox or 100 feet from the mean high water mark of said 
pond. Carver's Pond for the purpose of this sanctuary must 
be considered all the waters of said pond above the bridge 
on Main Street of the Town of Vinalhaven: 
E. 
Drake's Island Game Sanctuary: All that part of Drake's 
Island, so called, in the Town of Wells, which is bounded as 
follows: 
Northerly by the 
game sanctuary established by 
chapter 31 of the public laws of 1927: easterly by the 
Atlantic Ocean: southerly by the Wells River: and westerly 
by said river and creek flowing under Dyke's Bridge, 
so 
called; 
F. 
Dry Pond Sanctuary: 
On Dry Pond, also known as Crystal 
Lake, 
or 
from 
the 
shores 
of said pond, 
which 
pond is 
situated in the Town of Gray, in the County of Cumberland; 
G. 
Fairfield Sanctuary: The following described territory 
situated in 
the 
Town 
of 
Fairfield, 
in 
the 
County 
of 
Somerset: Good Will Farm, 
so called: the Girls' Farm. 
so 
called, of Good will Farm; land of G. W. Hinckley; land of 
John Connor: 
land of J. 
Russell Barrett, which land is 
bounded as follows: On the north by land of Edwin Hicks and 
N. 
E. Bessey: on the east by the Kennebec River; on the 
south by land of Fred Tobey, Frank Moore, H. B. Harom and C. 
B. Tuttle, also by the Fairfield town farm; on the west by 
land of L. P. Gifford, Alonzo Hoxie, Edwin Marcou and also 
by Martin 
Stream: 
said territory being 
Good 
Will 
Farm 
proper. so called, the Girls' Farm, so called. and land Qf 
G. W. Hinckley, John Connor and J. Russell Barrett. adjacent 
to 
the 
above-named 
farms. 
For 
prov1s10ns 
relating 
specifically to Fairfield Sanctuary, 
see 
section 
12707, 
subsection 2. paragraph D: 
H. 
Glencove Sanctuary: Rockport: Glencove, 
so called, in 
Penobscot 
Bay, 
which 
cove 
is situated in the 
Town 
of 
Rockport. in the County of Knox, and which cove is bounded 
as follows, to wit: On the north, west and south by the main 
land, on the east by a line extending from Smith's Point to 
Ram Island and from Ram Island to the easterly point of Pine 
Hill in said Rockport: 
I. 
Gray Game Sanctuary: The following described territory 
situated in the Town of Gray in the County of Cumberland: 
Beginning at Gray Corner following the Poland Spring Road to 
Dry Mills, thence following the North Raymond Road to the 
guidepost at intersection of 
East 
Raymond 
Road, 
thence 
following the East 
Raymond 
Road to Douglass Mill 
Road; 
thence following the Douglass Mill and Furbush Road to "Sand 
Brook," so called. on shore of Little Sebago Lake, thence 
following shore of Little Sebago Lake to Foster Shore, so 
called. at intersection of Foster and Ramsdell 
Road, 
so 
called, near camp of Dr. Cushing following last named road 
in easterly direction to intersection of Ramsdell Road near 
homestead of Edgar Foster. thence in a southerly direction 
following said Ramsdell road to intersection of road leading 
from Gray to West Gray. thence following last named road to 
Gray Corner to point of beginning: 
J. 
Hog Island Game Sanctuary: Hog Island in the Town of 
Bremen. Lincoln County: 
K. 
Jefferson 
and 
Whitefield 
Sanctuary: 
The 
following 
described territory situated in the Towns of Jefferson and 
Whitefield. in the County of Lincoln. which land is bounded 
as follows: On the north bJ1 the highway leading from Weary 
Pond to South Jefferson: on the east by Sterns Brook and by 
Little Dyer's Pond and the inlet stream and marsh of said 
pond and by the highway leading from South Jefferson to 
Alna: on the south by the Alna town line: on the west by the 
road leading from Alna to said Weary Pond. in the Town of 
Whitefield: 
L. 
Kineo Point Sanctuary: Kineo Point. in Kineo. in the 
County of Piscataguis: 
M. 
Limington. Hollis and Waterboro Sanctuary: The following 
described territory situated in the Towns 
of Limington. 
Hollis and Waterboro. in York County: beginning at a point 
where the Little Ossipee River joins the Saco River in the 
Town of Limington. thence westerly and southerly along said 
Little Ossipee River to the highway at Edgecomb's bridge. so 
called. in Waterboro. thence southerly and easterly along 
said highway to North Hollis. in the Town of Hollis. thence 
easterly and northerly along the road next west of Killick 
Brook to the road leading from Nason Mills to Bonney Eagle. 
thence northeasterly along said Bonney Eagle Road to the 
town line between Limington and Hollis. thence northerly 
along said town line to the Saco River. thence northerly 
along said Saco River to the point of beginning. All roads 
which serve to bound said Limington. Hollis and Waterboro 
game 
sanctuary must 
be 
a 
part of 
said sanctuary. 
For 
provisions relating specifically to Limington. Hollis and 
Waterboro Sanctuary. see section 12707. subsection 4: 
N. 
Megunticook Lake and Vicinity Sanctuary: The waters of 
Megunticook 
Lake. 
formerly called Canaan 
Lake. 
and its 
tributary lakes. 
ponds 
and 
streams. 
and 
upon 
the 
land 
bordering on the same included within the following roads: 
Beginning at Hopkins' 
Corner. 
so called. in the Town of 
Camden: 
thence 
via 
the 
Turnpike 
Road. 
so 
called. 
to 
Lincolnville 
Center; 
thence 
to 
Wiley's 
Corner 
in 
Lincolnville. 
thence to the Mansfield schoolhouse in the 
Town of Camden; thence via the Fish Hatchery to place of 
beginning: all of said lake, its tributaries and shores 
being located in the Towns of Camden, Lincolnville and Hope, 
in the Counties of Knox and Waldo. For proyisions relating 
specifically to Megunticook Lake and Vicinity Sanctuary, see 
section 12707, subsection 2, paragraph H: 
o. 
Merrymeeting Bay Game Sanctuary: Merrymeeting Bay in the 
Towns 
of 
Bowdoinham 
and 
Woolwich 
bounded 
as 
follows: 
Commencing at the high tension tower on Kelley's Point, so 
called, 
in 
Bowdoinham: 
thence 
westerly 
by 
a 
line 
approximately 100 feet aboye the high water mark designated 
~ a series of posted signs oyer the field lands and by 
posted signs and a single strand of wire through the wooded 
area thus southerly 100 feet more or less to a red stake at 
the high water mark of Merrymeeting Bay: thence southerly 
approximately 400 yards to a red stake or marker on range 
between the first mentioned red stake and Butler's Head, so 
called, this stake or marker must also be on range between 
the iron pin on the southeasterly corner of the Inland 
Fisheries and Wildlife camp lot on the west shore of the 
Abagadasset River 
and the eastern support tower 
on the 
southern 
high 
tension 
power 
line 
in 
Woolwich: 
thence 
southeasterly across the flats and waters of Merrymeeting 
Bay approximately 1,900 yards to 
a 
red stake or marker 
located near high water mark on Elliott's Point, so called, 
on the Woolwich shore: thence northeasterly following high 
water mark approximately 1,250 yards to a 
red stake or 
marker under the oyerhead high tension power cables: thence 
westerly by a straight line to the point of beginning. 
For proyisions relating specifically to Merrymeeting Bay 
Game Sanctuary, see section 12707, subsection 3: 
P. 
Monroe Island Game Sanctuary: Monroe Island. in the Town 
of Owl's Head, in the County of Knox: 
O. 
Moosehead Lake Game Sanctuary: The following described 
tracts or territory situated in the County of Piscataquis: 
Moose Island and Farm Island, in Moosehead Lake, 
and the 
territory bounded as follows: 
Beginning on the shore of 
Moosehead Lake at a point nearest to the easterly end of the 
state road leading westerly from Greenyille Junction, 
so 
called, to the state fish hatchery on Moose Brook, thence 
westerly 
by 
said state 
road 
to 
said hatchery, 
thence 
northeasterly down said brook to the shore of Moosehead 
Lake, 
thence by the shore of said lake to the point of 
beginning: 
R. 
Moosehorn Game Sanctuary: The right of-way of the Maine 
Central 
Railroad 
from 
St. 
Croix 
Junction 
in 
Calais, 
southerly to the Charlotte town line; 
S. 
Narragansett Game 
Sanctuary: 
The following described 
territory situated in the Town of Gorham, in the County of 
Cumberland: Bounded on the north by the right-of-way of the 
W. N. & P. division of the Boston & Maine railroad: on the 
east by the Black Brook Road or Scarboro Road, so called, in 
said Town of Gorham: on the south by the Stroudwater River: 
and on the west by South Street or South Gorham Road, so 
called, in said Town of Gorham, containing 3,600 acres, more 
or 
less. 
For 
provisions 
relating 
specifically 
to 
Narragansett Game Sanctuary, see section 12707, subsection 
2, paragraph D: 
T. 
Ocean 
Park 
Game 
and Bird Sanctuary: 
The 
following 
described territory situated in the Town of Old Orchard 
Beach, in the County of York: Beginning at a point on the 
easterly side of Fresh Water Cove Brook, so called, where 
the 
Same 
intersects 
the 
Boston 
and 
Maine 
Railroad 
right-of-way: thence southerly along said brook to its mouth 
where it joins the Goose Fare Brook: thence southeasterly 
along said Goose Fare Brook to its mouth: thence easterly 
and parallel with the Atlantic Ocean and 50 feet in front of 
all bulkheads 
and houses 
fronting on the beach to the 
easterly side of Tunis Avenue: thence northwesterly along 
said avenue to the Boston and Maine Railroad right-of-way: 
thence by said Boston and Maine right-of-way to point of 
beginning: 
U. 
Orrington 
Game 
Sanctuary: 
The 
following 
described 
territory beginning at a point on the state aid road No.4, 
in Orrington, at the East Bucksport turn, extending in a 
southerly and southeasterly direction to the county line: on 
the road leading to Thurston Pond, to the Hancock County 
line: thence southwesterly along said county line to the 
land of Harry Byard; north along said line to the land of E. 
F. Bowden: west on said line to the land of Frank Betts: 
northerly on line of E. F. Bowden to land of Fred Bowden: 
west on Fred Bowden's line to land of J. Betts: northerly on 
line of Fred Bowden and J. Betts to line of H. 
Byard: 
westerly on Byard's line and line of Mary Gray to land of P. 
W. 
Gray: northerly on Gray's line to land of J. 
Bowden 
heirs: northerly across said land to the line of E. 
F. 
Bowden and J. W. 
Bowden heirs: easterly on J. W. 
Bowden 
heirs' line to the first mentioned bound. The commissioner 
may 
add adjacent property to 
said 
game 
sanctuary 
ypon 
application of said adjacent property owners: 
V. 
Pittston Farm Sanctuary: Pittston Farm. so called. in 
Pittston Township. in the County of Somerset. being all the 
fields. pastures and cultivated lands of said farm: 
W. 
Prout's 
Neck: 
Richmond's 
Island: 
Cape 
Elizabeth 
Sanctuary: 
The following described territory: 
On the 112 
acres of land. more or less, comprising Prout's Neck, 
so 
called, 
in 
the 
Town 
of 
Scarboro. 
in 
the 
County 
of 
Cumberland: or on Richmond's Island. so called. in the Town 
of Cape Elizabeth, in said County of Cumberland: or on the 
tract of land comprising 1.600 acres. more or less, situated 
in said Town of Cape Elizabeth, 
and bounded as follows: 
Southeasterly and southerly by the low low watermark of the 
Atlantic Ocean. westerly by the low low watermark of the 
Spurwink Riyer, northerly by the Spurwink Road, so called, 
leading from Spurwink Bridge to Bowery Beach, easterly by a 
certain priyate 
road or way 
which 
runs 
in 
a 
southerly 
direction from the aforesaid Spurwink Road to said Bowery 
Beach, being the road which runs in front of the dwelling 
house of one Charles 
L. 
Jordan and along the easterly 
boundary of land of said Charles L. Jordan, and along the 
westerly boundary of land of the Great Pond Club. but not 
including any portion of said Bowery Beach. For the purpose 
of this paragraph. 
Richmond's Island includes only that 
portion of land above 
the 
mean high watermark 
and the 
easterly portion, as defined ny red painted markers, of the 
causeway between Richmond's Island and the mainland. 
For 
proyisions relating specifically to Prout's Neck: Richmond's 
Island: 
Cape 
Elizabeth 
Sanctuary, 
see 
section 
12707. 
subsection 2. paragraphs C and D: 
x. 
Rangeley Game Sanctuary, in the County of Franklin: The 
following 
described 
tract 
or 
territory, 
situated 
in 
Rangeley, in the County of Franklin, to wit: So much of said 
Town of Rangeley as is bounded as follows: Southwesterly by 
Rangeley Lake: northwesterly and northeasterly by route No. 
16: and southeasterly by the inlet to Rangeley Lake leading 
from Haley Pond. so called. The territory aboye described 
being so much of said Town of Rangeley, 
as lies between 
Rangeley Lake. the outlet of Rangeley Lake, route No, 16 and 
said inlet to Rangeley Lake from Haley Pond. This paragraph 
applies to that part of Hunter 
Coye, 
so called. 
lying 
northerly of Hunter Coye Bridge, so called: 
Y. 
Rangeley 
Lake 
Sanctuary: 
Rangeley 
Lake 
bounded 
as 
follows: Beginning at Gilman's Point on the northerly shore 
of Rangeley Lake: thence southerly across said lake to the 
southwesterly corner of land of the Rangeley Lake Hotel 
Corporation: thence northerly, westerly and southerly around 
the 
shore 
of 
said Rangeley 
Lake 
back 
to the original 
starting point. Boats may pass through without incurring any 
penalty: 
Z. 
Rangeley Plantation Sanctuary: The following tracts of 
land situated in Rangeley Plantation in the 
County of 
Franklin: 
Land 
of 
the 
Maine 
Conference 
Association 
of 
Seventh-day 
Adventists 
and 
the 
adjoining 
land 
now 
or 
formerly owned by Mrs. 
Franklin B. 
Stahl. 
said parcels 
laying southerly of Rangeley Lake. 
The commissioner may. 
after notice and public hearing. add adjacent property to 
said game sanctuary \.\p0n application of the owners of said 
adjacent property. For provisions relating specifically to 
Rangeley Plantation Sanctuary. see section 12707. subsection 
2. paragraph E: 
AA. 
Readfield 
and 
Winthrop 
Sanctuary: 
The 
waters 
of 
Carleton Pond. 
so called. in the Towns of Readfield and 
Winthrop in the County of Kennebec. and the lands of the 
Augusta Water District adjacent to said pond and located in 
said Towns of Readfield and Winthrop. now owned or which may 
be hereafter acquired by said district in furtherance of its 
chartered purposes. For provisions relating specifically to 
Readfield 
and 
Winthrop 
Sanctuary. 
see 
section 
12707. 
subsection 2. paragraphs F and G and subsection 6: 
BB. 
Salmon Pond Sanctuary: That territory lying within a 
distance of 1/4 of a mile of Salmon Pond. which pond is 
situated 
in 
the 
Town 
of 
Guilford. 
in 
the 
County 
of 
Piscataquis. said pond being the source of water supply for 
the Dover-Foxcroft Water District, also all the lands now 
owned by said Doyer-Foxcroft Water District in Lots 3 and 4, 
Range 7. which lie outside of the above 1/4 of a mile limit: 
CC. 
Somerset Game Sanctuary: The following described tract 
or territory situated in Somerset County, the Same being in 
unorganized territory. and taking in parts of Sapling Town, 
Misery Gore. Taunton and RaYnham Township. and including the 
whole of Sandbar Tract, bounded and described as follows: 
The territory from the highway. being route 15, east to low 
watermark on Moosehead Lake between East Outlet and West 
Outlet. bounded as follows: Beginning at the junction of the 
low watermark of Moosehead Lake and the. northerly side of 
the 
East Outlet of said lake: 
thence westerly by 
the 
northerly side of said East Outlet to the highway. being 
route 15: thence northerly by said highway to the southerly 
side of the West Outlet of said Moosehead Lake: 
thence 
easterly by the southerly side of said West Outlet to low 
watermark of Moosehead Lake: thence southerly by said low 
watermark of Moosehead Lake to the point of beginning: 
DD. 
Standish Sanctuary: The following described territory 
in the 
Town 
of Standish in the 
County of 
Cumberland: 
Beginning at the point where the Maine Central railroad 
crosses the Peguaket Trail in Steep Falls: thence southerly 
and easterly by said Peguaket Trail. the Oak Hill Road. 
so-called. and the so-called back road from Steep Falls to 
Richyille 
to 
its 
junction 
with 
the 
Rich 
Mill 
Road. 
so-called: thence by said Mill Road northeasterly to its 
junction with the road leading from Sebago Lake to East 
Sebago: thence by the last named road northerly to a point 
approximately 
1/4 
miles 
north 
of 
the 
Maine 
Central 
railroad crossing: thence by a certain wood road westerly to 
its junction with the Maine Central railroad: thence by said 
railroad northwesterly to the point of beginning. All roads 
and the Maine Central railroad right-of-way that serve to 
bound said Standish Game 
Sanctuary are 
a 
part of said 
sanctuary. For provisions relating specifically to Standish 
Sanctuary. see section 12707. subsection 5: 
EE. 
Stanwood Wildlife Sanctuary: 
Beginning on Route 3 in 
Ellsworth at the northeast corner of the Stanwood Wildlife 
Sanctuary and the southeast corner of the Animal Medical 
Center: thence southerly 795 feet on the highway to an iron 
pipe. being the northeast corner of the Luchini lot: thence 
westerly 363 feet along Luchini's north line to an iron 
pipe; thence S 6' 40' W 716 feet to an iron pipe. abutting 
Luchini. Grossman's Lumber. and the Ellsworth Water Company 
water tower: thence N 81' 23' W 1699 feet. abutting the 
Jordan brothers' lot to a stake: thence N 6' 40' E 511 feet 
to a stake. abutting Khanbegian: thence N 79' 59' W 1432 
feet to a stake. abutting Khanbegian: thence westerly 330 
feet to a stake. abutting John Dorgan: thence S 79' 59' E 
feet to an iron pipe. abutting John E. Partridge: then 
10' 
6' 
E 
feet to 
an 
iron pipe. 
abutting John E. 
Partridge and Beatrice Jones: thence S 79' 59' E 1342 feet 
to an iron pipe. abutting Harry S. Jones. III: thence N 6' 
08' E 326 feet to an iron pipe. abutting HarrY S. Jones. 
III: thence N 80' 45' E 60 feet to an iron pipe. abutting 
the Maine Coast Mall: thence S 6' 08' W 87 feet to an iron 
pipe. abutting Dow Pontiac: thence N 69' 50' E 340 feet to 
an iron pipe. abutting Dow Pontiac: thence S 31' 04' 
E 
371. 75 feet to an iron pipe. abutting Ellsworth Agway and 
Branch Pond Marine: thence N 80' 42' E 84.5 feet to an iron 
pipe. abutting Ellsworth Car Wash: thence S 4' 45' W 219.8 
feet to an iron pipe. abutting Animal Medical Center: thence 
N 69' 
50' 
E 345 feet to 
an iron pipe. abutting Animal 
Medical Center and being the point of beginning. containing 
acres more or less. 
The commissioner may add adjacent 
property to the 
game 
sanctuary upon application of the 
adjacent property owners; 
SO 
FF. 
Thorncrag Bird Sanctuary: 
The 
following described 
territory: 
A certain parcel of land situated in Lewiston. 
and 
bounded 
as 
follows. 
to 
wit. 
beginning 
on 
the 
northeasterly side of the road leading from Barker Mills to 
the Thorne Corner Schoolhouse so-called. at the corner of 
the 
late 
Benjamin 
Thorne's 
land: 
thence 
running 
northeasterly about one hundred and seventy (170) rods to 
the corner of the late Phineas Wright 
and Dutton lot. 
so-called. thence northwesterly on said Wright lot about 
forty-six (46) rods to land owned by David Nevens: thence 
southwesterly on the line of said Neven's land to the above 
mentioned road. thence on the line of said road to the first 
mentioned bounds. containing forty-five acres (4S) more or 
less. 
A certain lot or parcel 
of 
land. 
situated in 
Lewiston. in said County of Androscoggin. and bounded and 
described as 
follows: 
Bounded 
southwesterly by 
a 
line 
commencing at a point in the southeasterly line of land of 
The Stanton Bird Sanctuary. six hundred eighty (680) feet 
northeasterly from the northeasterly line of said Montello 
Street. thence southeasterly and parallel with said Montello 
Street 
to 
a 
point 
six 
hundred 
eighty 
(680) 
feet 
northeasterly from said Montello Street to land formerly of 
George E. Ridley: bounded southeasterly by land formerly of 
said 
George 
E. 
Ridley: 
bounded 
northeasterly 
by 
land 
formerly of George H. Field: and bounded northwesterly by 
land of The Stanton Bird Club. 
A certain lot of land 
situated in said Lewiston. bounded and described as follows. 
to wit: 
Beginning at a stake and stones at the northeast 
corner of lot numbered thirteen (l3): thence southwester ly 
on line of land now or formerly of Catherine Lynch and land 
formerly owned :by George Bubier to the northeast corner of 
land formerly owned :by Phineas Wright: thence northwesterly 
along said Wright land sixty-two (62) 
rods and five (S) 
links to stake in the corner of land now or formerly owned 
by William B. Kil:bourne; thence north fifty degrees ( SO' ) 
east on line of said Kil:bourne land seventy (70) rods to 
stake standing on the southerly line of lot numbered twelve 
(12). formerly owned by James Lowell; thence southeasterly 
on said last mentioned line sixty-two (62) rods and five (S) 
links to point of commencement. 
Containing twenty six (26) 
acres and one hundred fifty-seven (lS7) rods. 
A certain lot 
or parcel of land adjoining the lot Moye descri:bed and 
:bounded and descri:bed as follows. to wit: 
Commencing on the 
westerly side of the road leading from Thorne's Corner by 
the residence now or formerly owned by Henry C. Field to 
Greene at the northeasterly corner of land owned :by said 
Field. now or formerly: thence northwesterly on line of said 
Field land to land now or formerly of Frye and Dill; thence 
northeasterly on line of said Frye and Dill land and lot 
above described to land now or formerly owned by Catherine 
Lynch: thence southeasterly on line of said Lynch land to 
the aforesaid road; thence southwesterly by said road to 
point of commencement. 
Also another piece or parcel of land 
situated in said Lewiston. being a part of the Homestead 
Farm 
of 
Phineas 
Wright 
and 
bounded 
and 
described 
as 
follows; 
Beginning at the westerly corner of the Homestead 
Farm 
of 
Jarius 
Carville: 
thence 
southwesterly 
on 
said 
Carville land and land of Henry Field about fifty-seven (57) 
rods; thence at right angles northwesterly about sixty-nine 
and one-half (69 1/2) rods to the stone wall between the 
field and pasture on said Homestead Farm: thence by said 
wall northeasterly to the land of the late Dr. 
William 
Kilbourne; thence southeasterly on said Kilbourne land and 
land of Jarius Carville seventy-five (75) rods to point of 
beginning, containing twenty-seven (27) acres. 
A certain 
lot or parcel of land. situated in Lewiston in said County 
of 
Androscoggin 
and 
bounded 
and 
described 
as 
follows: 
Commencing at a point in the northeasterly line of Montello 
Street where the southeasterly line of land conveyed tQ the 
Stanton Bird Club by Alfred Williams AnthQny by deed dated 
Jan. 18, 1922 and recorded in the AndrQscoggin Registry Qf 
Deeds. BOQk 315, page 447, intersects said street; thence 
northeasterly by sQutheasterly line Qf said land of said 
Stanton Bird Club. six hundred eighty (680) feet tQ land Qf 
said Stanton Bird Club; thence sQutheasterly and parallel 
with said Montello Street tQ 
a pQint six hundred eighty 
(680) feet nQrtheasterly from said MontellQ Street and land 
fQrmerly of GeQrge E. Ridley: thence sQuthwesterly by said 
Ridley land six hundred eighty (680) feet to said MontellQ 
Street; thence northwesterly alQng the northeasterly side of 
said Montello Street to point of 
cOmmencement. 
Also 
a 
certain Qther lot or parcel of land, 
situated in said 
Lewiston, 
bounded as 
follows: 
Westerly by the Highland 
Spring 
RQad, 
northerly 
by 
the 
Thorne 
road, 
sQ-called, 
easterly by land of Qne A.D. Ames, and southerly by lands Qf 
Daniel CQnley and A.W. TaylQr. the Same cQntaining six and 
two-tenths 
(6.2) acres more Qr less. 
A certain lot Qr 
parcel of land situated northeasterly from the nQrtheasterly 
end Qf East Avenue in said Lewiston, bQunded and described 
as follows, tQ wit: 
Beginning at the corner of the Field. 
WQQd, 
and 
ThQrncrag 
IQts, 
sQ-called. 
near 
the 
Miller 
Fireplace, thence running nQrthwesterly Qne hundred fifty 
(150) feet abQut 9.03 rods, alQng the stQne wall between the 
ThQrncrag and WQQd lots, sQ-called, tQ a stake and stones; 
thence at right angles nQrtheasterly abQut 42.7 rods to a 
stake and stones Qn the line dividing the old Frye and Dill 
lot, now Qwned by the StantQn Bird Club, and the Qld Phineas 
Wright Homestead nQW Qwned by this GrantQr; thence at nearly 
right angles alQng said line two hundred twenty (220) feet 
(13 1/3 rods) to the corner of the three lots commonly 
called the Frye and DilL Henry Field and Phineas Wright. 
now owned by this Grantor, lots; thence 42.7 rods at right 
angles southwesterly along the Field line to the point of 
beginning; 
containing three 
(3) 
acres 
more 
or less. 
A 
certain lot or parcel of land situated in said Lewiston. 
bounded and described as follows: 
Beginning at an iron 
stake set in the ground in a stone wall on the northeasterly 
line of land of said Stanton Bird Club, said stake being one 
hundred fifty (150) feet from the northwesterly corner of 
land of Raymond R. 
Field; thence northwesterly along the 
northeasterly line of land of said Stanton Bird Club one 
hundred twenty-five (125) feet to an iron stake set in the 
ground; thence at right angles northeasterly three hundred 
(300) feet to an iron stake set in the ground; thence at 
right angles northwesterly twenty-five (25) feet to an iron 
stake 
set 
in 
the 
ground; 
thence 
at 
right 
angles 
northeasterly three hundred seventeen (317) feet. more or 
less. to a stake set in the ground on the southeasterly line 
of land of the Stanton Bird Club one hundred fifty (150) 
feet to an iron stake set in the ground on the northwesterly 
line of land of said Stanton Bird Club; thence southwesterly 
along the northwesterly line of land of said Stanton Bird 
Club to the point of beginning; containing two (2) acres. 
more or less. 
A certain lot or parcel of land situated in 
Lewiston. bounded and described as follows: 
Beginning at a 
point on the southeasterly line of the original Stanton Bird 
Club 
Sanctuary. 
three 
hundred 
sixty-four 
(364) 
feet 
northeasterly 
from 
the 
northeasterly 
line 
of 
Montello 
Street; thence in a northeasterly direction by land now or 
formerly 
of 
the 
Stanton 
Bird 
Club, 
three 
hundred 
and 
sixty-eight (368) feet; thence in a southeasterly direction. 
parallel with 
the 
said northeasterly 
line 
of 
Montello 
Street. 
two 
hundred 
and forty 
(240) 
feet; 
thence in a 
southwesterly direction parallel with the first described 
line. three hundred sixty-eight (368) 
feet; thence in a 
northwesterly direction parallel with the said northeasterly 
line of Montello Street, two hundred forty (240) feet to the 
point of beginning. containing two (2) acres more or less. 
A certain lot or parcel of land situated in said Lewiston. 
it being the southwest end of Lot #13 bounded southeasterly 
on Lot 433 and southwesterly and northwesterly on a four (4) 
rod way as laid down on the plan of said township of said 
Lewiston. 
Containing fifty (50) acres. more or less, and 
being the homestead farm of the late Elizabeth S. 
Wood. 
deceased. and the premises being the same conveyed to her by 
the name of Elizabeth S. Haley by Dorcas G. Wright by deed 
dated April 12, 
1866, 
and recorded in the Androscoggin 
County Registry of Deeds in Book 43. Page 114. 
A certain 
lot or parcel of land situated in said Lewiston. bounded and 
described as follows. viz: 
Commencing at a point on the 
westerly line of land now or formerly of H. Osmond Wood and 
Mabel V. Wood (formerly Dorcas Wright) where the northerly 
line of land of A. 
W. 
Anthony (formerly of Ephriam Wood) 
intersects said H. Osmond and Mabel V. Wood's west line: 
thence northerly nine hundred ninety-nine (999') feet on 
said H. Osmond and Mabel V. Wood's westerly line to land now 
or 
formerly 
of 
Charles 
W. 
Benson 
(formerly 
of 
O. 
K. 
Douglass): thence at right angles westerly one thousand two 
hundred twenty (1220') feet on said Benson's southerly line 
to a point in a rock wall: thence southeasterly on line of 
land now or formerly of George H. 
McGibbon and Mathilda G. 
McGibbon. one thousand two hundred thirty (1.230') feet to a 
point in the rock wall 
on the northerly line of said 
Anthony's land. one thousand nine hundred forty-six (1,946') 
feet from the point of commencement: thence easterly along 
the northerly line of land of said Anthony. one thousand 
nine 
hundred 
forty-six 
(1.946') 
feet 
to 
the 
point 
of 
beginning. 
Deacon 
Davis 
Bird 
Refuge: 
The 
following 
described territory: 
A certain parcel of land situated in 
the city of Lewiston. in the county of Androscoggin. and 
bounded as follows: 
The most northerly corner of land of 
the estate of George K. 
Davis. bounded and described as 
follows. to wit: 
On the northwest by land of the so-called 
Ham 
Farm: 
on the northeast by Pleasant Street: 
on the 
southwest by land of Joseph Breault: and on the southeast by 
a line extending northeasterly from the easterly corner of 
said Breault's 
land. 
and 
being 
a 
continuation 
of 
the 
southeast boundary of said Breault's land, 
containing 2 
acres, more or less. 
Woodbury Sanctuary: 
The following 
described territory: 
A certain parcel of land situated in 
the towns of Litchfield and Monmouth 
in the county of 
Kennebec 
and bounded as 
follows: 
The westerly side of 
Whippoorwill Road. so called. 
Being all the land conveyed 
to the Stanton Bird Club by Louise S. Drew and Clara B. Dana 
by deed dated July 2. 1929 and recorded in Kennebec County 
Registry of Deeds in Book 669-Page 210: 
GG. 
Torohegan Game 
Sanctuary: 
The following territory in 
Township 1, Range 2. N. B. K. P., commonly known as Tomhegan 
Town. 
in the County of Somerset, 
described as 
follows: 
Beginning at a cedar post and stones, the post being marked 
PRESERVE 
C/W 
1931. 
standing 
on 
the line which is 
the 
division line between the land owned by the Great Northern 
Paper Company and that owned by the trust estate of F. W. 
Rollins. standing on the westerly shore of Socatean Bay in 
Moosehead Lake: thence westerly on said division line 1 mile 
and 160 rods to a cedar post and stones. the post being 
marked PRESERVE C 1931: thence southerly at right angle to 
said division line 250 rods to a cedar post and stones. the 
post being marked PRESERVE 
C/W 1931 and standing on the 
northerly shore of Tomhegan Bay in Moosehead Lake: thence 
easterly and northerly along the shore of Moosehead Lake 
around Socatean Point, so called, to the point of beginning 
and containing 700 acres, more or less: 
RH. 
Wells 
Sanctuary: 
The 
following 
described tract or 
territory. situated in the Town of Wells. in the County of 
York: 
a certain tract of land. bounded and described as 
follows: On the east by the Atlantic Ocean: on the south by 
the Drake Island Road. so called: on the west by the U. S. 
Number 1 highway, so called: on the north by the town line 
of Kennebunk and Wells: 
II. 
Wells and York Game Sanctuary: The following described 
territory situated in the Towns of Wells and York in York 
County: beginning at a point on highway No. 
where the 
Josias Riyer meets said highway No. 1 in the Town of Wells, 
thence southwesterly along said Josias River to the Maine 
Turnpike in the Town of York, thence northerly along said 
Maine Turnpike to the Agamenticus 
Road overpass: 
thence 
westerly across said overpass by Agamenticus Road to the 
North 
Village 
Road: 
thence 
northerly 
along 
said 
North 
Village Road to Ogunquit-North Berwick Road, thence easterly 
along said Ogunquit-North Berwick Road to highway No. 1 in 
the Town of Wells. thence southerly along highway No. 1 to 
the point of beginning in the Town of Wells: 
JJ. 
Willow 
Water 
Game 
Sanctuary: 
The 
following 
named 
territory, on the following described properties, located in 
the Town of Perry: 
(1) 
Beginning on the county road on the westerly line 
of the Reed Farm. so called. now or formerly owned by 
Mrs. J. Abiah McPhail, 
and thence running north 4' 
east. following said line, 32 rods to a marked tree: 
thence 75' west 20 rods to a stake: thence south 4 ' 
east 32 rods to the county road; thence easterly by the 
county road to the place of beginning. 
The same being 
the building lot formerly owned by the late John W. 
Trott and containing 4 acres, more or less: 
(2) 
Anyone other lot or parcel of land lying and 
being on the northerly side of the county road leading 
from the Eastport-Perry Bridge to Pembroke and bounded 
and described as follows, 
to wit: Beginning at the 
southwest corner of land formerly of the John W. Trott 
estate and thence running northerly on the west line of 
said Trott land to the northwest corner thereof: thence 
easterly on the north line of said Trott land to land 
so 
now or formerly of Mrs. J. Abiah McPhail. formerly of 
John Reddington: thence north l' east along the west 
line of said McPhail land to land now or formerly of 
the Charles J. Trott estate: thence westerly on the 
south line of said Trott land 62 rods: thence northerly 
on the westerly line of said Trott land 48 rods to the 
Morrison lot. so called: thence westerly on the said 
Morrison lot to land now or formerly of W. 
W. 
Brown: 
thence south 112' west 200 rods to the county road: 
thence easterly on said county road 77 rods to the 
place of beginning. containing in all 107 acres. more 
or 
less. 
being part 
of 
lots 
numbered 
and 
according to the plan of the Town of Perry: 
(3) 
Anyone other lot or parcel of land known as the 
pasture lot formerly the WIn. 
H. 
Brown Farm. 
bounded 
generally as follows. 
to wit: On the north by land 
formerly of S. Frost: on the east by land of Trott. on 
the south by the county road leading to Pembroke and on 
the west by land of M. Conley and land of others. names 
unknown. the above described lots being known as the 
Elijah Loring Farm in said Perry: 
(4) 
A certain lot of land bounded on the north by land 
of the late John McCarty: on the east by Frost's Cove: 
on the south by lands formerly of Lucinda Frost and of 
Lewis Dr Frost: and on the west by lands of the late 
John Morrison. 
William 
Anderson 
and the late 
John 
McCarty. containing 7S acres. more or less: 
(S) 
One other lot or parcel of land bounded and 
described as follows. 
to wit: 
On the east by lots 
numbered 19 and 20: southerly by land of the late John 
Loring and the Russell lot. so called; westerly by lots 
numbered 
and 
11; 
and northerly by 
the William 
Anderson lot. and land formerly owned by the late Aaron 
Frost: 
(6) 
One other certain lot or parcel of land bounded 
and described as follows. to wit: Bounded on the north 
by road leading from county road. to the field on the 
west: 
on the east by the county road leading from 
Eastport to Calais. on the south and the west by land 
of Lucinda Frost. afterwards conveyed to Jennie Frost: 
said lot being 10 rods on the county road and 8 rods 
back from the road: and 
(7) 
One other certain lot or parcel of land bounded 
and described as follows. to wit: On the east by the 
county road leading from Eastport to Robbinston: on the 
south by land formerly owned by John A. Frost, on the 
west by land formerly of Sidney S. Frost and on the 
north by land formerly of Sidney S. Frost. 
The owner of the properties included within the Willow Water 
Game Sanctuary shall enclose the Same with a suitable fence 
and shall cause the erection of suitable signs on or near 
said sanctuary indicating that 
no 
hunting is permitted 
thereon. Near the center of said game sanctuary such owner 
is 
authorized 
to 
construct 
a 
IS-acre 
pond 
for 
the 
propagation of waterfowl. principally wood duck, teal and 
blacks. For provisions relating specifically to Willow Water 
Game Sanctuary, see section 12707, subsection 2, paragraph 
A: and 
KK. 
York Game Sanctuary. in the County of Franklin: The 
following named territory: on the property of the following 
named persons. to wit: On land of J. Lewis York and on land 
of Yorks: said game sanctuary being in the northwest corner 
of Dallas Plantation, and bounded as follows, to wit: West 
by the east line of the Town of Rangeley: north by the south 
line of Lang Plantation: east by the west line of the public 
lot in Dallas Plantation: and south by land of Furbish, 
Goodspeed Company and land of the heirs of Henry Bliss, 
containing 539 acres, more or less. This game sanctuary is 
called the York Game Sanctuary. 
For provisions relating specifically to York Game Sanctuary, 
in the County of Franklin. see section 12707, subsection 2, 
paragraph B. 
2. 
Tempor~ 
wildlife 
sanctuaries. 
The 
following 
provisions apply to temporary wildlife sanctuaries. 
A. 
The 
commissioner 
may, 
upon 
the written consent of 
landOwners, create from any lands within the State, not to 
exceed 1,000 acres, 
a 
sanctuary or sanctuaries for the 
purpose of liberating tame deer. 
B. 
The commissioner may release all or any part of lands 
from 
the 
restrictions 
of 
a 
sanctuary 
or 
sanctuaries, 
whenever the commissioner considers it expedient. 
§12707. Un1avful activity in wildlife sanctpax:y= general 
prOhihitions and exceptions 
Except to the extent permitted by the commissioner under 
section 12701. activities listed in this section are prohibited 
in a wildlife sanctuary. 
1. 
Unlawful activity in wildlife sanctuaxy. 
Except 
as 
provided in subsection 2, a person may not: 
A. 
Trap or hunt any wild animal or wild bird at any time 
within a wildlife sanctuary as designated in section 12706: 
.Q..[. 
B. 
Possess any wild animal or wild bird taken in violation 
of paragraph A. 
2. 
Exceptions. 
The 
prohibitions 
in 
subsection 
are 
subject 
to 
the 
exceptions 
and 
limitations 
listed 
in 
this 
subsection. 
A. 
Subsection 1 does not apply to crows and skunks in the 
Willow Water Game Sanctuary. 
B. 
A person residing within the limits of the York Game 
Sanctuary in the County of Franklin may kill any wild bird, 
except grouse, or any wild animal, except beaver, when found 
destroying that person's property. 
C. 
A person residing within the limits of Prout's Neck, 
Richmond's Island and Cepe Elizabeth Sanctuary may kill any 
wild bird, except ruffed grouse or Hungarian partridge, or 
any 
wild 
animal, 
when 
found 
destroying 
that 
person's 
property. 
D. 
A person may trap anY wild animal except moose, caribou, 
deer and elk within Fairfield Sanctuary, Narragansett Game 
Sanctuary 
and Prout's Neck, 
Richmond's 
Island and 
Cape 
Elizabeth Sanctuary in accordance with the general laws of 
the State. 
E. 
If the commissioner determines that the public health 
and 
safety 
are 
threatened 
by 
diseased 
animals 
within 
Rangeley 
Plantation 
Sanctuary, 
the 
commissioner 
may 
authorize the use of firearms 
or any other device the 
commissioner determines appropriate to eliminate diseased 
animals. 
F. 
The Augusta Water District may use Carleton Pond in the 
Readfield and Winthrop Sanctuary as it determines necessary. 
G. 
Within the Readfield and Winthrop Sanctuary, subsection 
applies only to lands that are or may be hereafter fenced. 
H. 
The use of firearms on Megunticook Lake and Vicinity 
Sanctuary is prohibited only from the first day of April of 
each year to the 30th day of September following. 
3. 
Using motorboat within Mer~eting Bay Game 
Sanctua~. 
A person may not use a motorboat within Merrymeeting Bay Game 
Sanctuary. 
except 
that motorboats 
may 
be 
used 
between 
the 
Woolwich shore on the east and a line on the west designated by a 
series of red markers adjacent to the edge of the grassy marsh 
area 
from 
Kelly's 
Point 
to 
the 
southern 
boundary 
of 
the 
Merrymeeting Bay Game Sanctuary. 
4. 
Car~ing loaded firearm on lvmn"S of Limington. Hollis 
and Waterboro Sanctnft~. 
A person may not carry a loaded firearm 
on any of the roads bounding the Limington. Hollis and Waterboro 
Sanctuary. 
5. 
Caruing 
loaded 
firearm 
on 
bounds 
of 
Standish 
Sanctuar.y. 
A person mcur not carry ft loaded firearm on any road 
or on the Maine Central Railroad right-of-way that bounds the 
Standish Game Sanctuary. 
6. 
Fishing in Carleton Pond. 
A person may not fish in 
Carleton Pond in the Readfield and Winthrop Sanctuary. 
A person who violates this section commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§12708. Wildlife management areas and public access sites 
1. 
Designation and classification of wildlife management 
areas. 
The following areas are classified as wildlife management 
areas. 
A. 
The following described territories are classified as 
wildlife management areas to be managed by the commissioner 
in accordance with the principles of wildlife management. as 
defined in section 10001. subsection 73. and subject to the 
commissioner's authority under section 12701: 
(1) 
Bartlett's Island in Hancock County: 
(2) 
Colby College Area: The Mayflower Hill Campus of 
Colby College 
compr~s~ng approximately 640 
acres of 
land. It is located west of the center of Waterville 
bounded in general as follows: 
From a stone marker on the west bank of Messalonskee 
Stream. said marker located across the stream from a 
point approximately 400 feet north of Riverview Avenue. 
Runs north along bank of Messalonskee Stream to a point 
approximately 2. 000 feet north of Cedar Bridge (North 
Street), 
thence 
in 
a 
northeasterly direction to 
a 
cement 
marker 
on 
the 
Second 
Rangeway 
at 
a 
point 
approximately gOO feet northeast of intersection with 
Rice Rips Road, thence in a southwesterly direction to 
Rice Rips Road, 
thence east approximately 300 feet, 
thence southwesterly again approximately parallel to 
and west of the Second Rangeway for approximately 1,800 
feet to a cement marker, thence easterly to the Second 
Rangeway, thence in a southerly direction on east side 
of Second Rangeway for approximately 1, gOO feet to a 
cement 
marker 
and 
college 
sign: 
thence 
southeast 
approximately 5,400 feet to Mt. Merici property line 
post and cement marker: thence in easterly direction to 
and across Mayflower Hill Drive in offset manner (east 
offset marked with stone or cement marker post) to and 
across Maine Central railroad to the point of beginning 
on west bank of Messalonskee Stream: 
(3) 
Deer Isle and Stonington: The Towns of Deer Isle 
and Stonington, Hancock County: 
(4) 
Lake Christopher: Beginning at a boundary marker 
on the most easterly point of South Pond, 
Town of 
Greenwood, 
Oxford 
County, 
where 
the 
Grand 
Trunk 
Canadian Railway meets 
South Pond: 
thence extending 
southerly to the most southern tip of South Pond: 
thence southerly to road which runs from Locke Mills to 
Greenwood City: thence southerly and easterly to Rowe 
Hill Road: thence southerly and easterly along the Rowe 
Hill Road to the intersection of Rowe Hill Road and 
Grand Trunk Railroad: 
thence northerly and westerly 
along 
said 
railroad 
to 
the 
point 
of 
beginning, 
excepting from the above description such of the area 
as is within SOO feet of said South Pond beginning at a 
boundary marker on the Rowe Hill Road: 
thence in a 
northerly direction to a boundary marker on the Old 
Bryant Road and thence northeasterly following this 
road to the boundary marker at the intersection of the 
Grand Trunk Railroad: 
(5) 
Long 
Lake Wildlife Management 
Area, 
Aroostook 
County: within the following boundaries in the Towns of 
St. Agatha and Madawaska, Aroostook County: Beginning 
in the Village of St. Agatha at the junction of Route 
and road that is near the northwesterly shore of 
Long Lake, easterly and northerly along said road to 
its junction with another road near Brishlotte Lake 
outlet stream, thence easterly along said road to its 
junction with the road that is along the easterly side 
of said Long Lake, thence southerly along said road to 
its junction with the road leading westerly to Birch 
Point. so called. thence along said road to its nearest 
point to said Long Lake. 
thence westerly to 
a 
red 
painted stake on the east shore of said Long Lake. 
thence southwesterly across said Long Lake to a 
red 
painted stake on the west shore of said Long Lake. 
thence in the Same direction until this line intersects 
Route 162. thence northwesterly along said Route 162 to 
the point of beginning. This is intended to include the 
large and smaller islands in the northerly end of said 
Long Lake; 
(6) 
Lowell E. Barnes Wildlife Management Area: Certain 
lots or parcels of land situated in Hiram. County of 
Oxford. 
State 
of 
Maine. 
bounded 
and 
described 
as 
follows: 
(a) 
A parcel of land containing 700 acres more or 
less bounded northerly by land now or formerly of 
Lusanna 
Hubbard. 
Lemuel 
Cotton 
and 
M.L. 
Wardsworth; easterly by land now or formerly of 
James Edgecomb: southerly by land now or formerly 
owned or 
occupied by 
Llewellyn 
A. 
Wardsworth. 
Asbury Huntress and Orison Adams; and westerly by 
land 
now 
or 
formerly of 
James 
Ayer. 
Harrison 
Sanburn. James Ayer again. the George F. Brooks 
place. 
so 
called. 
being 
the 
lot 
next 
below 
described and land now or formerly of Fred Small. 
Seth Spring and Freeman Flye; 
(b) 
A parcel of land containing 25 acres. more or 
less. situated westerly of the above described lot 
and known as the George F. Brooks place; and 
(c) 
A parcel of land containing 70 acres. more or 
less. situated adjacent to the first parcel above 
described and bounded north. east and west by said 
first above described parcel and southerly oy land 
now or formerly of James Ayer and Elmer Hodgdon. 
Said parcel is known as the Dennis Stanley place; 
(7) 
Marsh Island: Marsh Island in Penobscot County; and 
(8) 
Oak 
Grove: 
The 
campus 
and land of Oak 
Grove 
School. in the Town of Vassalboro. County of Kennebec. 
situated on the east side of Route No. 100; and all the 
land of said school situated on the west side of Route 
No. 100. Sebago Lake Basin Wildlife Management Area: 
All that portion of Sebago 
Lake 
commonly 
known 
as 
Sebago Lake Basin lying below the high water mark in 
the Towns of Standish and Windham. 
B. 
The 
following 
areas 
are 
classified 
as 
state-owned 
wildlife management areas, or "WMAs": 
(1) 
Blanchard/AuClair WMA (Roach River Corridor) -
TI 
RI4 WELS - Piscataquis County: 
(2) 
Brownfield WMA -
Brownfield, Denmark, Fryeburg -
Oxford County: 
(3) 
George Bucknam WMA (Belgrade Stream) -
Mt. Vernon 
-
Kennebec County: 
(4) 
Caesar Pond WMA - Bowdoin - Sagadahoc County: 
(5) 
Chesterville WMA - Chesterville - Franklin County: 
(6) 
Coast of Maine 
WMA 
all state-owned coastal 
islands that are owned or managed by the Department of 
Inland Fisheries and Wildlife: 
(7) 
Dickwood Lake WMA - Eagle Lake - Aroostook County: 
(8) 
Francis D. Dunn WMA (Sawtelle Deadwater) -
T6 R7 
WELS - Penobscot County: 
(9) 
Fahi Pond WMA -
Embden - Somerset County: 
(10) 
Lyle Frost WMA 
(formerly Scammon) 
-
Eastbrook, 
Franklin - Hancock County; 
(11) 
Alonzo 
H. 
Garcelon 
WMA 
(Mud Mill 
Flowage) 
Augusta, Windsor - Kennebec County; 
( 12) 
Great Works WMA -
Edmunds Township -
Washington 
County: 
(I3) 
Jamies 
Pond 
WMA 
Manchester, 
Farmingdale 
Kennebec County: 
(14) 
Jonesboro WMA - Jonesboro - Washington County; 
(15) 
Earle R. Kelley WMA (Dresden Bog) - Alna, Dresden 
- Lincoln County; 
(16) 
Kennebunk Plains WMA -
Kennebunk - York County; 
(17) 
Bud 
Leayitt 
WMA 
(Bull 
Hill) 
Atkinson, 
Charleston, Dover Foxcroft. Garland -
Penobscot County 
and Piscataquis County; 
(18) 
Gene Letourneau WMA (Frye Mountain) -
Montville, 
Knox, Morrill - Waldo County; 
(19) 
Long Lake WMA -
St. Agatha -
Aroostook County 
(all of Long Lake within the Town of St. Agatha); 
(20) 
Madawaska WMA - Palmyra - Somerset County; 
(21) 
Mainstream WMA - Cambridge - Somerset County; 
(22) 
Lt. Gordon Manuel WMA -
Hodgdon, Cary Plantation, 
Linneus - Aroostook County; 
(23) 
Maynard F. Marsh WMA 
(Killick Pond) 
-
Hollis, 
Limington - York County; 
(24) 
Mercer Bog WMA - Mercer - Somerset County: 
(25) 
Merrymeeting Bay 
WMA 
Dresden, 
Bowdoinham 
Lincoln County and Sagadaboc County: 
(26) Morgan Meadow WMA - Raymond - Cumberland County: 
(27) 
Mt. Agamenticus WMA -
York, South Berwick -
York 
County: 
(28) 
Muddy River WMA - Topsham -
Sagadahoc County; 
( 29) 
Narraguagus 
Junction 
WMA 
Cherryfield 
Washington County; 
(30) 
Old Pond Farm WMA - Maxfield, Howland -
Penobscot 
County; 
(31) 
Orange River WMA - Whiting - Washington County; 
(32) 
Peaks Island WMA 
- Portland - Cumberland County; 
(33) 
Pennamaquam 
WMA 
Pembroke, 
Charlotte 
Washington County; 
(34) 
Steve Powell WMA -
Perkins Township -
Sagadahoc 
County (being the islands in the Kennebec Riyer near 
Richmond known as Swan Island and Little Swan Island, 
formerly known as Alexander Islands): 
(35) 
David Priest WMA 
(Dwinal Pond) 
-
Lee, 
Winn 
Penobscot County: 
(36) 
Ruffingham 
WMA 
-
Montville, 
Searsmont -
Waldo 
County: 
(37) 
St. Albans WMA - St. Albans - Somerset County: 
(38) 
Sandy Point WMA - Stockton Springs - Waldo County: 
(39) 
Scarborough WMA -
Scarborough. Old Orchard Beach. 
Saco - Cumberland County and York County: 
(40) 
Steep Falls WMA -
Standish. Baldwin -
Cumberland 
County: 
(41) 
Tyler Pond WMA 
-
Manchester. Augusta -
Kennebec 
County: 
(42) 
Vernon S. Walker WMA - Newfield. Shapleigh -
York 
County: 
(43) 
Weskeag Marsh WMA -
South Thomaston. Thomaston. 
Rockland. Owl's Head -
Knox County; and 
(44) 
Such other areas as the commissioner designates. 
by rules adopted in accordance with section 12701. as 
state-owned wildlife management areas. 
2. 
The Public Boat Launch Access PrograDl. 
The Public Boat 
Launch Access Program. referred to in this subsection as the 
"program." is established in the department. 
The purpose of the 
program is to provide anglers. boaters and other persons fair and 
equitable public access to public waters that offer recreational 
fishing opportunities by acquiring lands adjacent to those waters 
and providing appropriate opportunities to access those waters. 
The 
commissioner 
may 
establish 
program priorities 
based 
on 
fishery management or other resource management objectives and 
may use for these purposes an,y funds received through federal 
programs intended to aid in the restoration of sport fishing and 
other revenues available for providing access to public waters. 
FISH MARAGEMER'T AIm RESEARCH 
§1275l. Commissioner"s authority relating to culture 
and research 
1. 
Setting apart vaters. 
The commissioner may by rule, 
pursuant to section 10104, subsection 1. set apart, for a term 
not to exceed 10 years, any inland water for the use of the State 
in the prosecution of the work of fish culture and scientific 
research relative to fish. 
In the waters so set apart. the commissioner and persons acting 
under 
the 
commissioner's 
authority in their respective fish 
culture and scientific work may take fish at any time or in any 
manner and erect and maintain any fixtures necessary for these 
purposes. 
In no instance may the commissioner permit the taking 
of fish by explosive, poisonous or stupefying substances, except 
for the use of registered fish toxicants for reclamation purposes. 
2. 
Taking of certain fish. After a hearing pursuant to 
section 10104, subsection 1, the commissioner may permit the 
taking of pickerel. perch and other fish in specified waters, 
subject to conditions the commissioner may prescribe, whenever it 
appears that those fish seriously injure the propagation of or 
the fishing for any game fish. 
§12752. United States Fish and Wi1d1ife Service 
The United States Fish and Wildlife Service and its duly 
authorized 
agents 
may 
conduct 
fish 
culture 
operations 
and 
scientific investigations in the waters of this State in such 
manner and at such times as the service and its agents consider 
necessary and proper. 
§12753. Screens 
1. 
Commissioner's authority. The commissioner may: 
A. 
Authorize, alter and remove the screening of any inland 
waters: and 
B. 
Prohibit 
fishing 
within 
yards 
of 
any 
screen 
installed 
by 
authority 
of 
the 
commissioner 
or 
the 
Legislature. 
2. 
Tampering with screen. A person may not take up, destroy 
or injure any screen installed pursuant to this section, unless 
the person is duly authorized by the commissioner. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $lOO nor more than $500 
may be adjudged. 
§12754. Fish spawning areas 
1. 
Commissioner's authority. 
The commissioner may by rule, 
pursuant to section 10104, subsection L 
designate any inland 
waters of the State as fish spawning areas. 
2. 
Bearing. 
The 
commissioner 
shall institute 
a 
public 
hearing, in conformity with the Maine Administrative Procedure 
Act, if so reguested Py any state agency. 
§12755. 
Tampering with dePartment dam 
1. 
Prohihition. 
A 
person 
without 
authority 
from 
the 
commissioner may not: 
A. 
Tamper with a department dam: 
B. 
Open or close gates or sluiceways of a department dam: 
C. 
Add or remove flashboards of a department dam: or 
D. 
Otherwise damage or destroy a department dam. 
For purposes of this SUbsection, "department dam" means a dam 
owned or operated by the department, including dams in a fish 
hatchery or rearing station. 
2. 
Violation. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§12756. 
Tampering with fisbway 
1. 
Prohibition. 
A 
person 
without 
authority 
from 
the 
commissioner may not: 
A. 
Tamper with a fishway: 
B. 
Close a fishway to fish migration: 
C. 
Introduce foreign objects into a fishway: or 
D. 
Damage or destroy a fishway. 
2. 
Violation. A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§12757. 
Management of brook trout and landlocked salmon 
Notwithstanding any other provision of this Part, any rule 
that includes a proposal to establish or amend the time. place or 
manner in which a person may fish for brook trout or landlocked 
salmon on inland waters is a routine technical rule as defined in 
Title 5, 
chapter 
375, 
subchapter 2-A. 
The 
department shall 
provide the information in subsections 1 to 3 to any person upon 
request and at all hearings or meetings that relate to the time. 
place or manner in which a person may fish for brook trout or 
landlocked salmon on inland waters: 
1. 
Information. 
Information and interpretation leading to 
rule proposals including alternative proposals that staff have 
considered but not proposed: 
2. 
AsseSsment of biological potential. 
An assessment of 
the biological potential of the waters affected and management 
goals for those waters, including the best scientific judgment of 
the probable outcome and the probability of success of the plan 
relating to the management of brook trout and landlocked salmon: 
~ 
3. 
AsseSsment of ability to evaluate success. 
A realistic 
assessment of the ability of fisheries staff to evaluate success 
of the management through future surveys. 
§12758. 
Fish stocking 
1. 
Public cOmments. 
When the Bureau of Resource Management 
determines 
that 
there is 
a 
need 
to 
consider 
changing 
the 
long-term management objectives on a water or group of waters 
that supports a major fishery or major fisheries, the department 
shall provide information regarding the proposed change to any 
person at that person's 
request. 
The 
bureau shall 
conduct 
department-sponsored meetings to solicit public comments on those 
management objectives. 
2. 
DePartment sponsored 
meetings. 
Regional 
fisheries 
biologists must be available at department-sponsored meetings 
held 
pursuant 
to 
subsection 
to 
review 
the 
management 
opportunities presented by the proposals to change 
long-term 
management objectives, as well as the information used to assess 
the opportunities, and to receive public comments concerning the 
proposals. 
§12759. Stocking alewives 
1. 
Prohibition. 
A person may not stock alewives in Hogan 
Pond or Whitney Pond in the Town of Oxford or any waters that 
drain into or out of those ponds. 
2. 
Violation. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§12760. Fisbways in darn§ and other artificial 
obstructions 
1. 
Commissioner's authority. In order to conserve. develop 
or 
restore 
anadromous 
or 
migratory 
fish 
resources. 
the 
commissioner may require a fishway to be erected. maintained. 
repaired or altered by the owners. lessors or other persons in 
control of any dam or other artificial obstruction within inland 
waters frequented by alewives. shad. salmon. sturgeon or other 
anadromous or migratory fish species. 
2. 
EXAmination of dAmS. The cOmmissioner shall periodically 
examine all 
dams 
and other artificial obstructions 
to fish 
passage within the inland waters in order to determine whether 
fishways are necessary. sufficient or suitable for the passage of 
anadromous or migratory fish. 
3. 
Monitoring 
progrAm. 
The 
commissioner 
shalL 
in 
cooperation with the Department of Marine Resources 
and the 
Atlantic 
Salmon 
Commission. 
establish 
a 
program 
to 
ensure 
fishways 
are 
functioning 
properly 
and 
remain 
sufficient or 
suitable for the passage of anadromous or migratory fish. 
The 
commissioner has sole authority to take corrective action at 
fishways as prescribed under this section. 
4. 
Initiation of fislnray proceedings. 
The 
commissioner 
shall initiate proceedings to consider construction. repair or 
alteration of fishways 
in existing dams 
or other artificial 
obstructions whenever the commissioner determines that one or 
more of the following conditions may exist: 
A. 
Fish passage at the dam or obstruction in issue. whether 
alone or in conjunction with fish passage at other upriver 
barriers. will improve access to sufficient and suitable 
habitat anywhere in the watershed to support a substantial 
commercial or recreational fishery for one or more species 
of anadromous or migratory fish: or 
B. 
Fish passage at the dam or obstruction in issue is 
necessary 
to 
protect 
or 
enhance 
rare. 
threatened 
or 
endangered fish species. 
5. 
AdjudicatoD' proceedings. 
A fishway proceeding must 
conform to the following requirements. 
A. 
A fishway proceeding must be an adjudicatory proceeding 
under Title S. chapter 375. subchapter 4. but a hearing is 
not required unless requested in accordance with paragraph 
B. Notice of the proceeding must be given in accordance with 
Title S. section 9052 and the following requirements: 
( 1) 
Personal notice must be given to the dam owner. 
lessee 
or other person in control of 
the 
dam 
or 
artificial obstruction. informing that person that a 
proceeding 
has 
been 
undertaken 
and 
informing 
that 
person of that person's right to request a hearing: and 
( 2 ) 
Notice to the public. in newspapers of general 
circulation in 
the 
areas 
affected. 
must 
be 
given 
notifying 
the 
public 
of 
the 
initiation 
of 
the 
proceedings and of the public' s opportunity to request 
a hearing. 
B. 
If any interested person requests a public hearing. the 
commissioner 
shall. 
within 
days. 
either notify 
the 
petitioners in writing of the COmmissioner's denial. stating 
the reasons for the denial. or schedule a public hearing. 
The commissioner shall hold a public hearing whenever: 
(1) 
The 
commissioner is petitioned by 
or more 
residents of the State: or 
(2) 
The owner. lessee or other person in control of 
the dam or artificial obstruction requests a hearing. 
C. 
The commissioner shall accept testimony from the owner. 
lessee or other person in control of the dam or artificial 
obstruction on alternate fishway designs to those proposed 
by the commissioner for that dam or artificial obstruction. 
6. 
Decision. 
In the event that the commissioner decides 
that 
a 
fishway 
should be 
constructed. 
repaired. 
altered or 
maintained pursuant to this section. the commissioner shall issue 
final orders with specific plans and descriptions of the fishway 
construction. alteration. repair or maintenance requirements. the 
conditions of the use of the fishway and the time and manner 
required for fishway operation. The commissioner may issue a 
decision 
requ~r~ng the 
owners. 
lessees or other persons 
in 
control of the dam or obstruction to construct. repair. alter or 
maintain a 
fishwa,y. 
Such a decision must be supported by a 
finding based on evidence submitted to the commissioner that 
either of the following conditions exist: 
A. 
One or more species of anadromous or migratory fish can 
be restored in substantial numbers to the watershed by 
construction. alteration. repair or maintenance of a fishway 
and habitat anywhere in the watershed above the dam or 
obstruction 
is 
sufficient 
and 
suitable 
to 
support 
a 
substantial commercial or recreational fishery for one or 
more species of anadromous or migratory fish: or 
S. 
The construction. alteration. repair or maintenance of a 
fishway is necessary to protect or enhance rare. threatened 
or endangered fish species. 
In the event that the commissioner decides that no fishway should 
be constructed. the commissioner shall specify in that decision a 
period subsequent to that decision during which no fishway may be 
required to be constructed. That period may not exceed 5 years. 
7. 
Camgliance. 
The 
owner. 
lessee or 
other person in 
control of a dam or other artificial obstruction is jointly and 
severally liable for the costs of fishway design. construction. 
repair. alteration or maintenance. and for full compliance with a 
decision issued pursuant to subsection 6. 
A. 
If the owner. lessee or other person in control of a dam 
or other artificial obstruction refuses to comply or does 
not fully comply with the cOmmissioner'S decision issued 
pursuant to subsection 6. the commissioner shall initiate a 
civil action to enJ01n the 
owner. 
lessee or person in 
control of the dam to comply fully with the commissioner's 
order or to restrain the violation of an order. 
In the 
proceeding. the court may not review the legality of the 
commissioner'S 
order. 
except 
when 
the 
owner. 
lessee or 
person in control of the dam or artificial obstruction has 
brought a timely petition for judicial review pursuant to 
Title 5. chapter 375. subchapter 7. 
S. 
The court may render judgment against and order the sale 
of the dam or other artificial obstruction. the land on 
which it stands and a right-of-way to the dam or artificial 
obstruction. 
in 
order 
to 
secure 
the 
costs 
of 
fishway 
construction. repair. alteration or maintenance. the costs 
of the court-ordered sale and the costs incurred by the 
department for fishway design. 
The purchaser of the dam or 
other obstruction is subject to the commissioner's decision 
issued pursuant to subsection 6. 
8. 
Privileged eDt~. 
The commissioner. the commissioner's 
agents or subcontractors may enter upon any private land in order 
to 
examine. 
at least 
annually. 
fishways 
in 
dams 
or 
other 
artificial obstructions and dams as provided in subsection 2. The 
commissioner shall notify the landowner. lessee or other person 
in control of the dam when the examination will take place and 
the time required to complete the examination. The commissioner 
shall make 
every effort to preserve private land and shall 
restore surrounding lands to the grade and condition existing 
prior to entry, if economically feasible. 
§12761. 
Construction of new dams or other artificial obstructions 
1. 
Notice required. Prior to construction or prior to 
authorizing construction of a new dam or other obstruction in the 
inland waters, the owner, lessee or other person in control of 
the dam or other artificial obstruction shall provide written 
notice to the commissioner, supplying information on construction 
plans, proposed location and date of construction of the dam or 
other artificial obstruction. 
2. 
Initiation of fish1ray proceedings. 
Within 30 days of 
receipt of the construction notice pursuant to subsection 1, the 
commissioner shall review the plans in order to determine whether 
fishway 
construction 
or 
alteration 
of 
proposed 
fishway 
construction plans may be required pursuant to the criteria set 
forth in section 12760, 
subsection 4. 
If the 
commissioner 
determines that the construction or alteration may be necessary, 
the commissioner shall initiate fishway proceedings and follow 
the procedures prescribed in section 12760. 
3. 
Unlawful building of dam. 
A person may not build any 
dam or other obstruction in any of the rivers, streams or brooks 
of this State without first filing written notice with the 
commissioner pursuant to subsection 1. 
A person who violates 
this subsection commits a civil violation for which a forfeiture 
of not less than $100 nor more than $500 may be adjudged. 
§12762. Fish kills: violations: fines: rules: definition 
If a fish kill results from the improper operation of a 
fishway required pursuant to this subchapter, the department may 
assess an administrative fine equivalent to the value of the fish 
killed but not more than SIQ,QQQ for each day of that violation. 
The department and the Department of Marine Resources shall 
jointly make rules defining "fish kill. " 
§12763. 
Use or possession of gill net: Penobscot Nation research 
1. 
Probjbition. 
Except as otherwise allowed under this 
section, a person, including any agent of the State, may not use 
or possess a gill net. 
A person who violates this subsection commits a Class E crime. 
The 
court shall also 
impose 
a 
fine 
of 
$20 
for 
each 
fish 
unlawfully possessed. none of which may be suspended. 
2. Penobscot Ration research. 
Under the direction of its 
director. the staff of the Department of Natural Resources of the 
Penobscot Nation may use gill nets for the purpose of scientific 
fisheries research and management on any waters within. flowing 
through or adjacent to Penobscot Indian territory as defined in 
Title 3~. section 6205. subsection 2. 
A. 
The authority granted under this subsection is subject 
to the following constraints. 
(1) 
Both ends of the gill net must be marked with 
buoys that are clearly visible from a distance of 300 
feet 
and 
that 
identify 
the 
Department 
of 
Natural 
Resources of the Penobscot Nation as the owner of the 
n.e.t.... 
(2) 
The results of each netting must be forwarded on a 
weekly basis to the office of the commissioner where 
the results must be available for public inspection. 
A person may not fail to comply with any provision of this 
paragraph. 
A person who violates this paragraph commits a Class E crime. 
3. 
Use of gill nets b,y department persODD,el. 
Department 
personnel may use gill nets pursuant to this subsection. 
A. 
The department may 
use gill nets in inland waters 
provided that: 
(1) 
When requested by another agency to undertake a 
gill netting project. the department is reimbursed by 
that agency for all costs relating to the gill netting 
project; 
( 2) 
Both ends of the net are marked with buoys that 
are clearly visible from a distance of 300 feet and 
that identify the department; and 
( 3 ) 
The results of each netting are forwarded on a 
weekly basis to the office of the commissioner. 
The 
records of the results must be available for public 
inspection at the office of the commissioner. 
B. 
A person may not fail to comply with the restrictions 
established under this subsection. 
C. 
The department shall submit an annual report to the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over inland fisheries and wildlife matters no 
later than March 1st of each year on the use of gill nets by 
department personnel. 
The report must include a summary of 
each use of gill nets. indicating the following: 
(1) 
The specific purpose for which the gill nets were 
.Y.ttd.i.. 
(2) 
The date of each use: 
(3) 
The location of each use by water body. town and 
county: and 
(4) 
The number and mortality of each species of fish 
taken by gill nets. 
4. 
Permits 
allowing use of gill nets 
b,y 
other state 
agencies. 
The department may authorize the use of gill nets by 
other state agencies 
for 
purposes of scientific research or 
PUblic safety projects. 
A. 
The 
authority granted to the department under this 
sUbsection is sUbject to the following constraints. 
(1) 
Any authorization by the department for another 
state agency to utilize gill nets must be given through 
written permit. 
(2) 
Both ends of the gill net must be marked with 
buoys that are clearly visible from a distance of 300 
feet and that identify the state agency responsible for 
setting the net. 
(3) 
The results of each netting must be forwarded on a 
weekly basis to the department. and the records of the 
results must be available for PUblic inspection at the 
department. 
ENDANGERED SPECIES: MANAGEMENT AND RESEARCH 
§1280l. Declaration of punK>se 
The 
Legislature 
finds 
that various 
species of 
fish or 
wildlife have been and are in danger of being rendered extinct 
within the State of Maine. 
and that these 
species 
are 
of 
esthetic. ecological. educational. historical. recreational and 
scientific value to the people of the State. The Legislature. 
therefore. 
declares that it is the policy of the State to 
conserve. 
by 
according 
such 
protection 
as 
is 
necessary 
to 
maintain and enhance their numbers. 
all species of fish or 
wildlife found in the State. as well as the ecosystems upon which 
they depend. 
§12802. COmmissioner's authority, investigations and programs 
1. 
Investigations. 
The 
commissioner 
may 
conduct 
investigations 
in order 
to 
develop 
information 
relating 
to 
population size. distribution. habitat needs. limiting factors 
and other biological and ecological data relating to the status 
and requirements for survival of any resident species of fish or 
wildlife. whether endangered or not. 
2. 
Programs. 
The 
commissioner 
may 
develop 
programs 
to 
enhance or maintain the populations described in subsection 1. 
§12803. 
Designation of eDdangered &pecies 
1. 
Standards. The commissioner shall reCOmmend a species to 
be listed as endangered or threatened whenever the commissioner 
finds one of the following to exist: 
A. 
The present or threatened destruction. modification or 
curtailment of its habitat or range: 
B. 
Oyerutilization for 
commercial. 
sporting. scientific. 
educational or other purposes: 
C. 
Disease or predation; 
D. 
Inadequacy of existing regulatory mechanisms: or 
E. 
Other natural or manmade factors affecting its continued 
existence within the State. 
2. 
CnMlissioner's duties. In recommending a species to be 
listed as endangered or threatened. the commissioner shall: 
A. 
Make use of the best scientific. commercial and other 
data available: 
B. 
Consult. as appropriate. with federal agencies. other 
interested state agencies. 
other states having 
a 
common 
interest 
in 
the 
species 
and 
interested 
persons 
and 
organizations; and 
C. 
Maintain a list of all species that the Legislature has 
designated to 
be 
endangered or 
threatened, 
naming 
each 
species by both its scientific and COmmon name, if any, and 
specifying over what portion of its range each species so 
designated is endangered or threatened. 
3. 
Legislative 
authority. 
The 
Legislature, 
as 
sole 
authority, shall designate a species as state endangered or state 
threatened species. 
The list of state endangered or state 
threatened species is as follows: 
Common Name 
Least Tern 
Golden Eagle 
Piping Ployer 
Sedge Wren 
Grasshopper 
Sparrow 
Box Turtle 
Black Racer 
Roseate Tern 
Northern Bog 
Lemming 
Loggerhead 
Turtle 
Blanding's 
Turtle 
Black Tern 
American Pipit 
Peregrine 
Falcon 
Flat-headed 
Mayfly 
Ringed 
Boghaunter 
Clayton's 
Copper 
Edwards' 
Hairstreak 
Hessel's 
Hairstreak 
Katahdin Arctic 
Spotted Turtle 
Bald Eagle 
Scientific Name 
Sterna albifrons 
Aquila chrysaetos 
Charadrius melodus 
Cistothorus platenis 
Ammodramus sayannarum 
Terrapene carolina 
Coluber constrictor 
Sterna dougallii 
Synaptomys borealis 
Caretta caretta 
Emydoidea blandingii 
Chlidonias niger 
Anthus rubescens 
Falco peregrinus 
Epeorus frisoni 
Williamsonia lintneri 
Lycaena dorcas clay toni 
Satyrium edwardsii 
Mitoura hesseli 
Oenis polixenes 
katahdin 
Clemmys guttata 
Haliaeetus 
leucocephalus 
Status 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Threatened 
Threatened 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Threatened 
Threatened 
Razorbill 
Atlantic Puffin 
Harlequin Duck 
Arctic Tern 
Upland Sandpiper 
Swamp Darter 
Tidewater Mucket 
Yellow 
Lampmussel 
Tomah Mayfly 
Pygmy Snake tail 
Twilight Moth 
Pine Barrens 
Zanclognatha 
Alca torda 
Fratercula arctica 
Histrionicus 
histrionicus 
Sterna paradisaea 
Bartrarnia longicauda 
Etheostoma fusiforme 
Leptodea ochracea 
Lampsilis cariosa 
Siphlonisca aerodromia 
Qphiogomphus howei 
Lycia rachelae 
Zanclognatha martha 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
4. 
Process for reccmmendation: notice and hearings. 
Prior 
to recommending an addition. deletion or other change to the 
endangered and threatened species listed in subsection 3. 
the 
commissioner shall provide for public notice and public hearings 
on that proposed recommendation in accordance with the provisions 
of Title 5. chapter 375. subchapter 2. 
5. 
Designation by Legislature. 
The Legislature 
m~ not 
amend the list of endangered or threatened species in subsection 
except upon the recommendation of the commissioner. 
§12804. COnservation of endangered species 
1. 
COnservation of nongame 
and eDdangered species. 
The 
commissioner may establish such programs as are necessary to 
bring any endangered or threatened species to the point where it 
is no longer endangered or threatened. inclUding: 
A. 
Acquisition of land or aquatic habitat or interests in 
land or aquatic habitat; 
B. 
Propagation; 
C. 
Live trapping; 
D. 
Transplantation. 
Prior 
to 
the 
transplantation. 
introduction 
or 
reintroduction 
of 
an 
endangered 
or 
threatened species in the State. the commissioner shall. in 
conjunction 
with 
the 
Atlantic 
Salmon 
Commission. 
when 
appropriate. 
develop 
a 
recovery plan 
for 
that species. 
conduct a public hearing on that recovery plan pursuant to 
Title 5. Part 18 and submit that plan to the joint standing 
committee of the Legislature having jurisdiction over inland 
fisheries 
and 
wildlife 
matters. 
The 
introduction 
or 
reintroduction 
of 
that 
species 
must 
be 
conducted 
in 
accordance with 
the 
recovery plan developed 
under 
this 
paragraph and may not begin sooner than 90 days after all 
conditions of this paragraph have been met; and 
E. 
In the extraordinary case where population pressures 
within 
a 
given 
group 
ecosystem 
can 
not 
be 
otherwise 
relieyed. regulated taking. 
2. 
Habitat. 
For 
species 
designated 
as 
endangered 
or 
threatened under this subchapter the commissioner may. by rule. 
pursuant to Title 5. chapter 375. identify areas currently or 
historically providing physical or biological features essential 
to the conseryation of the species and that may require special 
management considerations. 
3. 
Protection guidelines. 
The commissioner may. by rule. 
pursuant to Title 5. chapter 375. develop guidelines for the 
protection of species designated as endangered or threatened 
under this subchapter. 
4. 
ADnn;,] report. 
The commissioner shall submit a written 
report by January 1st of each year to the 
joint standing 
committee of the Legislature haying jurisdiction oyer inland 
fisheries 
and wildlife matters describing the status of all 
current 
and 
planned 
programs. 
actiyities 
and 
rules 
of 
the 
department 
pertaining to 
the 
conseryation 
or 
management 
of 
endangered or threatened species. 
When appropriate. this report 
may be combined with any transplantation report required under 
subsection I. paragraph D. 
§1280S. 
Cooperative agreements 
The 
commissioner may enter into agreements with federal 
agencies« other states. political subdivisions of this State or 
priYate persons for the establishment and maintenance of programs 
for the conservation of endangered or threatened species and may 
receive all federal funds allocated for obligations to the State 
pursuant to these agreements. 
§12806. State and local coqperation 
1. 
Review. 
A state agency or municipal gOvernment may not 
permit. license. fund or carry out projects that will: 
A. 
Significantly alter the habitat identified under section 
12804. subsection 2 of any species designated as threatened 
or endangered under this subchapter; or 
B. 
Violate 
protection guidelines 
set 
forth 
in 
section 
12804. subsection 3. 
The 
commissioner 
shall 
make 
information 
under 
section 
12804 
available to all other state agencies and municipal governments 
for the purposes of review. 
2. 
Variance. 
Notwithstanding subsection 1. state agencies 
and municipal governments may grant a variance from this section 
provided that: 
A. 
The 
cOmmissioner 
certifies that the 
proposed action 
would not pose 
a 
significant risk to any population of 
endangered or threatened species within the State; and 
B. 
A public hearing is held on the proposed action. 
3. 
Pending a»»licatiQns. 
Notwithstanding Title 1. section 
302. applications pending at the time of adoption of habitats and 
guidelines under section 12804. subsections 2 and 3 are governed 
by this section. 
§12807. 
Introduction of wolves to State: approval 
A person may not release a wolf in the State for the purpose 
of reintroducing that species into the State without the prior 
approval of both Houses of the Legislature and the commissioner. 
A person who violates this section commits a Class E crime. 
§12808. 
Misuse of endangered or threatened s"cies 
For the purposes of this section. "to take." "take" and 
"taking" mean the intentional or negligent act or omission that 
results in the death of any endangered or threatened species. 
1. 
Misuse of endangered or threatened s"cies. 
Except as 
provided in subsections 2 and 3. a person may not: 
A. 
Import into the State or export out of the State any 
endangered or threatened species: 
B. 
Hunt. take. trap or possess any endangered or threatened 
species within the State: 
C. 
Possess. process. sell. offer for sale. deliver. carry. 
transport or ship. by any means whatsoever. any endangered 
or threatened species or any part of 
an endangered or 
threatened species: or 
D. 
Deliberately feed, set bait for or harass any endangered 
or threatened species, except as allowed under subsection 2, 
paragraph 
A. 
A warning must 
be 
issued for 
the first 
violation. 
The 2nd violation is punishable as a Class E 
crime. 
A person who violates this subsection commits a Class E crime. 
2. 
Exceptions 
for 
certain 
purposes. 
Notwithstanding 
subsection 1 or section 10602 as it applies to rules adopted in 
accordance with this subchapter, the commissioner may: 
A. 
Under such terms and conditions as the commissioner may 
prescribe, permit any act prohibited by this section or by 
rule for educational or scientific purposes or to enhance 
the propagation or survival of an endangered or threatened 
species; and 
B. 
Under such terms and conditions as the commissioner may 
prescribe, permit any endangered or threatened species that 
enters the State and is being transported to a point outside 
the 
State 
to 
be 
so 
entered 
and 
transported 
without 
restriction in accordance with the terms of any federal or 
state permit. 
3. 
Exceptions: 
incidental 
take 
plan. 
Notwithstanding 
subsection 1, the commissioner may: 
A. 
Permit 
the 
taking 
of 
any 
endangered 
species 
or 
threatened species if: 
(1) 
Such taking is incidental to, and not the purpose 
of, carrying out an otherwise lawful activity; 
(2) 
The taking will not impair the recovery of any 
endangered species or threatened species; and 
(3) 
The person develops and implements an incidental 
take plan approved by the 
commissioner to take 
an 
endangered species or threatened species pursuant to 
paragraph B; and 
B. 
Allow a plan that minimizes the incidental taking of an 
endangered species or threatened species that specifies the 
following: 
(1) 
A description of the specific activities sought to 
be authorized by the incidental take permit and an 
analysis of potential alternatives; 
(2) 
The individual and cumulative effects that may 
reasonably be anticipated to result from the proposed 
actions covered by the plan: 
(3) 
The recovery measures the applicant will implement 
to prevent. minimize and mitigate the individual and 
cumulative 
effects 
and 
any 
provisions 
that 
are 
necessary 
to 
prevent. 
minimize 
and 
mitigate 
circumstances that are likely to impair the recovery of 
any endangered or threatened species covered by the 
~ 
(4) 
The procedures for monitoring the effectiveness of 
the recovery measures in the plan: 
(5) 
The anticipated costs of implementing the plan and 
the availability of necessary funding for the applicant 
to implement the plan: and 
(6) 
Other 
modifications 
to 
the 
plan 
or 
other 
additional measures. if any. that the department may 
reguire 
and 
such 
other 
matters 
as 
the 
department 
determines to be necessary for the recovery of species 
consistent with this section. 
The department shall seek input from knowledgeable individuals or 
groups on each incidental take plan for endangered or threatened 
species. 
If 
any person fails 
to 
abide 
by 
the 
terms 
of 
any 
permit 
authorizing the incidental taking of an endangered or threatened 
species. the permit must be immediately suspended or revoked. 
§1ZS09. 
Judicial enforcement 
1. 
General. 
In 
the 
event 
of 
a 
violation 
of 
this 
subchapter. any rule adopted pursuant to this subchapter or any 
license or permit granted under this subchapter. the A.ttorney 
General 
may 
institute 
injunctive 
proceedings 
to 
enJo~n any 
further violation. a civil or criminal action. or any appropriate 
combination of those proceedings without recourse to any other 
provision of law administered by the department. 
Z. 
Restoration. 
The court may order restoration of any 
area affected by any activity found to be in violation of this 
subchapter. any rule adopted pursuant to this subchapter or any 
license or permit granted under this subchapter. to its condition 
prior to the violation or as near to that condition as possible. 
When the court finds that the violation was willful. the court 
shall 
order 
restoration 
under 
this 
subchapter, 
unless 
the 
restoration would result in: 
A. 
A threat to public health and safety; 
B. 
Environmental damage: or 
C. 
A substantial injustice. 
SUBPART 5 
GUIDES« QQTFI'ITERS AIm TAXIDERMISTS 
CIIAPTER 927 
GUIDES AND TRIP LEADERS 
§12851. 
Commissioner's authority to adopt ru1es 
The commissioner shall. pursuant to Title 5, chapter 375, 
with the 
advice 
and consent of 
the Adyisory Board for 
the 
Licensing of Guides, 
adopt rules necessary to administer this 
chapter. 
The commissioner shall establish safety standards to 
provide 
the 
clients 
of 
guides 
reasonable 
protection 
from 
hazards. 
The commissioner may adopt rules in the following areas. 
1. 
Alcohol: drugs. 
The commissioner may require applicants 
to state whether they use alcohol or other drugs in a way that 
would interfere with their competence as guides. 
2. 
Failure to meet party. 
The commissioner may reguire 
applicants who have previously held a guide license to state that 
they have not received and retained a guiding fee from a party 
and then failed to meet that party as agreed or failed to provide 
the services as agreed. 
3. 
Competengy. 
The commissioner may establish standards of 
competency that must be provided to each applicant. 
4. 
Watercraft. 
The 
commissioner may establish standards 
for 
the 
use 
of watercraft by 
a 
guide 
to 
ensure that the 
watercraft is safe for the use intended, that sufficient safety 
eguipment is provided to each passenger and that the operator is 
competent to use watercraft. 
5. 
Classification. 
The 
commissioner 
may 
establish 
classifications of guide licenses, including general guides and 
specialized categories. 
6. 
Other. 
The commissioner may establish rules in any area 
as 
the 
commissioner 
considers 
necessary 
to 
administer 
this 
chapter, 
except 
that 
the 
commissioner 
may 
not 
require 
an 
applicant 
to 
demonstrate 
certification 
in 
cardiopulmonary 
resuscitation. 
S12a52. 
Rule violations: licensed guides and trip leaders 
Notwithstanding section 10602, a person who violates a rule 
regulating licensed guides or 
camp trip leaders 
and 
course 
instructor certificates commits a civil violation for which a 
forfeiture of not less than $100 nor more than $500 may be 
adjudged. 
S12a53. 
License. fees and reqpirements: camp trip leader 
exception 
1. 
Requirement. 
Except as provided in subsection 7, 
a 
person may not act as a guide without a valid license issued 
under this chapter. 
A person violates this subsection each day 
the person acts as a guide without a valid license issued under 
this chapter. 
2. 
Violation. 
A person who violates subsection 1 commits a 
Class D crime for which the court shall impose a 
sentencing 
alternative involving a term of imprisonment of 3 days, none of 
which may be suspended. 
The court shall also impose a fine of 
$1,000, none of which may be suspended. 
3. 
Rev a2Plications. 
A person wishing to be licensed as a 
guide shall submit an application to the commissioner. 
A. 
The commissioner shall provide application forms that 
request all relevant information the commissioner considers 
necessary. 
B. 
Failure or refusal to satisfactorily answer any question 
in the application is a basis for the commissioner not to 
accept the application. 
C. 
The commissioner shall decide whether the application is 
acceptable within 5 working days of receipt. 
D. 
The commissioner shall notify each applicant at least 2 
weeks prior to the examination required under section 12855. 
4. 
Qualifications. 
In 
order 
to 
qualify 
for 
a 
guide 
license, a person must: 
A. 
Be at least 18 years of age; 
B. 
Pass the guide examination in accordance with section 
12855: 
C. 
If a first-time 
a~~licant. be currently certified in 
first aid through 
com~letion of any standard first aid 
course that meets the criteria established by rule of the 
commissioner: 
D. 
If not 
a 
first-time 
a~~licant. 
submit satisfactory 
evidence. as determined by the commissioner. of having held 
a guide license in this State: and 
E. 
Meet all 
reguirements established by 
rules 
of the 
commissioner. 
For ~ur~oses of this subsection. "first-time a~~licant" means an 
applicant who has not previously been issued a guide license in 
this State. 
5. 
Fee. 
The fee for a 3-year guide license is $79. 
6. 
Tenn of license. A guide license entitles a 
~erson to 
act as a guide through December 31st of the 2nd 
com~lete year 
following the year of issuance. 
7. 
Exception. 
A 
~erson holding a 
cam~ tri~ leader ~ermit 
under section 12860 may. without a guide license. conduct 
tri~s 
including adults under the 
aus~ices of the boys and girls camp 
that 
em~loys those adults. subject to all the reguirements of 
section 12860. 
§12854. Guides carr.ying passengers for hire 
A guide carrying ~assengers for hire must be certified in 
the area of watercraft safety. 
A guide who has been certified in 
watercraft safety through the guide license examination ~rocess 
is authorized. without further licensing reguirements. to operate 
a motorboat carrying passengers for hire 
~ursuant to section 
13063. subsection 2. 
A guide license issued to a guide who has 
been certified in watercraft safety must clearly indicate that 
the licensee is authorized to 
o~erate a 
motorboat 
carrying 
~assengers for hire. 
§12855. EXamination 
1. 
Regpirement. 
In order to gualify for a guide license. a 
~erson who has not held a valid guide license within the ~revious 
years must pass an examination pursuant to this section. 
2. 
Form. 
The commissioner shall determine the form and 
content of the examination. 
3. 
Location. 
The commissioner shall designate locations 
where the examination will be held, except the examination must 
be held in one of the Inland Fisheries and Wildlife regions if at 
least 10 appliCants reside in that region. 
4. 
Reexamination. 
The commissioner may require a guide to 
be eXamined or reexamined if the commissioner receives a written 
complaint and, 
upon investigation, believes that the guide no 
longer meets the guide qualifications. 
5. 
Fee. 
The examination fee is $100. 
An applicant may 
retake the examination once without paying an additional fee. 
The fee is nonrefundable. 
6. 
Oral 
eXamination. 
If 
an 
oral 
examination 
is 
administered, the examination must be conducted by at least 2 
trained 
examiners 
designated 
pursuant 
to 
section 
10153, 
subsection 2, paragraph D who are approved by the commissioner or 
members of the Advisory Board for the Licensing of Guides. 
§12856. Approved curriculum for licensed Maine guides 
The 
commissioner shall approve 
a 
curriculum designed to 
prepare persons for the guide examinations. 
This curriculum must 
cover practical skills, fisheries and wildlife laws and other 
aspects important for the guiding profession. 
The commissioner 
shall convene an ad hoc advisory board, as defined under Title 5, 
section 12008, to develop the curriculum. 
Nonagency members must 
be 
compensated 
according 
to 
Title 
5, 
chapter 
379. 
The 
commissioner also shall consult with the Department of Education 
in developing the curriculum. 
§12857. 
Hiring guide 
1. 
Prohibition. 
A person may not hire another person as a 
guide if the hiring person has knowledge that the person does not 
hold a valid guide license. 
2. 
Violation. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§12858. 
Guide license violations 
1. 
Guide license violations. 
A person licensed as a guide: 
A. 
May not knowingly assist a client in violating any of 
the provisions of this Part: 
B. 
Who 
has 
knowledge 
that 
a 
client has 
violated the 
provisions of this Part shall. within 24 hours. inform a 
person authorized to enforce those chapters. 
Failure to 
report the violation is a violation of this paragraph: or 
C. 
May not take a party of more than 12 people out on any 
lake. stream or waterway in the State at any time. 
2. 
Civil violations. 
A person commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged if: 
A. 
That person violates subsection 1. paragraph A and the 
violation committed by the client is a civil violation: or 
B. 
That person violates subsection I. paragraph B or C. 
3. 
Criminal violations. 
A person who violates subsection 
1. paragraph A. if the violation committed by the client is a 
criminal violation. commits a Class E crime. 
§12859. 
Junior Maine guides 
1. Eligibility. 
To qualify as 
a 
junior Maine guide. 
a 
person must be at least 14 years of age and under 18 years of 
age, meet the requirements established by the commissioner and 
pass the required examinations. 
2. 
Restrictions. 
A junior Maine guide is not authorized to 
provide guiding seryices. 
§12860. 
Trip leader permdt 
1. 
When permdt reqpired. 
Boys and girls camps licensed by 
the Department of Human Services. or located in another state and 
licensed in a similar manner. if the laws of the other state so 
require. conducting trip camping shall: 
A. 
Proyide at least one staff member oyer 18 years of age 
for each 6 campers; and 
B. 
Ensure that the staff member in charge of the trip holds 
a valid trip leader permit. 
2. 
Application. 
A person wishing a trip leader permit 
shall submit an application on forms provided by the commissioner 
and shall pay the application fee. 
3. 
Qualifications. 
To qualify initially for a trip leader 
permit. an applicant must: 
A. 
Show successful completion of an approved trip leader 
safety course or complete an application provided by the 
commissioner outlining in detail the applicant's experience 
and training as a trip leader; and 
B. 
Meet any other requirements established by rule by the 
commissioner. 
4. 
Special waiver. 
Waiver of the course requirement by the 
commissioner on the basis of 
the applicant's experience and 
payment of the application fee qualifies the applicant for a trip 
leader permit. 
5. 
Curriculum. 
With the advice of the Junior Maine Guides 
and Trip Leaders Curriculum Advisory Board. 
the commissioner 
shall review and adopt a trip leader safety course curriculum 
that includes. but is not limited to: 
A. 
Training in first aid; 
B. 
Training 
in 
water 
safety. 
including 
lifesaving 
techniques as appropriate; and 
C. 
Trip leader qualifications and required experience for 
the special waiver procedure in subsection 4. 
The commissioner shall publish the curriculum adopted or approved 
by the Junior Maine Guides and Trip Leaders Curriculum Advisory 
Board 
and 
a 
current 
list 
of 
courses. 
with 
the 
approved 
curriculum. by name and address. 
6. 
Fee. 
The initial qualifying fee for a trip leader 
permit is $18. 
The permit may be renewed upon payment of $13 if 
requirements of the department are met. 
7. 
EnforCement. 
Wardens of the department. the rangers of 
the 
Bureau 
of 
Forestry 
and 
rangers 
of 
the 
Department 
of 
Conservation. Bureau of Parks and Lands may enforce this section 
and may terminate any trip that is considered unsafe or in 
violation 
of 
this 
section. 
The 
commissioner 
shall 
adopt 
standards 
for 
what 
is 
considered 
an 
unsafe 
trip. 
The 
commissioner shall consider previous violations of this section 
when issuing or reissuing trip leader permits. 
CHAPTER 929 
WHITEWATER RAFTIBG 
§12901. 
Definitions 
As 
used 
in this 
chapter. 
unless 
the 
context otherwise 
indicates. the following terms have the following meanings. 
1. 
Affiliated group. 
"Affiliated group" means one or more 
affiliated outfitters and the outfitter or outfitters with which 
they are affiliated. 
2. 
Affiliated outfitter. 
"Affiliated outfitter" means: 
A. 
An outfitter who owns directly. indirectly or through a 
chain of successive ownership 10'\ or more of the financial 
interest in any other outfitter: 
B. 
An outfitter. 10°-& or more of whose financial interests 
are 
owned directly or indirectly or through a 
chain of 
successive ownership by any other outfitter: 
C. 
An outfitter. 10'\ or more of whose financial interests 
are owned directly or indirectly or through a 
chain of 
successive ownership by a person who owns 10'\ or more of the 
financial interest in another outfitter: or 
D. 
An outfitter who. in the year 1982 or thereafter: 
(1) 
Purchases. leases. borrows. accepts. receives or 
otherwise 
obtains 
on 
a 
nonarms-Iength 
basis 
from 
another 
whitewater 
outfitter. 
either 
directly 
or 
indirectly. 
more 
than 1/2 of its real or personal 
property: or 
( 2 ) 
Receives 
from 
another 
outfitter 
on 
a 
nonarms-Iength basis more 
than 1/2 
of the ordinary 
services 
related 
to 
the 
business 
of 
whitewater 
outfitting. 
including. 
but 
not 
limited 
to. 
mail. 
telephone. reservations. repair. maintenance. personnel 
training and management. 
A person may not be found to be an affiliated outfitter solely 
because of blood relationship. marriage or previous employment. 
If the department transfers a selling outfitter's allocation to a 
buying outfitter 
or 
outfitters. 
pursuant 
to 
section 
12907. 
subsection 7. these transferred allocations must be added to the 
buyer's allocations and may not be considered as affiliated. 
3. 
Allocation. 
"Allocation" means the privilege of taking 
a specified number of passengers per day on whitewater trips on a 
particular river. as specified annually. 
4. 
CQDDercia1. 
"Commercial" 
means 
for 
financial 
compensation or other remuneration. 
5. 
CQJBercia1 whitewater outfitter: outfitter. 
"Commercial 
whitewater outfitter" or "outfitter" means a person who conducts 
cOmmercial whitewater trips or who collects dues or fees or 
receives 
any 
form 
of 
compensation 
for 
providing 
whitewater 
rafting 
services 
or 
for 
operating 
a 
whitewater 
rafting 
organization. 
6. 
Demonstrated use. 
"Demonstrated use" means for a given 
outfitter for a given river the average number of passengers 
carried on the 10 Saturdays or Sundays with greatest use during 
the year. 
7. 
Financia1 interest. 
"Financial interest" 
means 
any 
voting 
or 
nonvoting 
security. 
partnership 
interest 
whether 
limited or general. trust ,interest. joint venture interest or any 
other beneficial interest in any form of business association. 
8. 
Person. 
"Person" 
means 
an individual. 
corporation. 
business trust. estate. trust. partnership or association. 2 or 
more persons having a joint or common interest. or any other 
legal or commercial entity. 
9. 
Rapidly flowing river. 
"Rapidly flowing river" means a 
river or stretch of a river with rapids classified as class IV or 
higher by the department according to the International River 
Classification System or a river or stretch of a river designated 
by the 
department 
by 
rule 
on 
the basis of public safety. 
including. but not limited to. the Kennebec River between Harris 
Station and West Forks and the West 
Branch Penobscot River 
between McKaY Station and Pockwockamus Falls. 
10. 
Nhitevater craft. 
"Whitewater craft" means any raft. 
dory. bateau or similar watercraft that is used to transport 
passengers along rapidly flowing rivers but does not include 
canoes or kayaks. 
11. 
Nhitewater guide. 
"Whitewater guide" means a person 
who 
receives any remuneration for accompanying. 
assisting or 
instructing passengers on the river on whitewater trips and who 
holds a current whitewater guide's license. 
12. 
Whitewater trip. 
"Whitewater tr ip" means a commercial 
effort to transport Passengers by means of a whitewater craft on 
rapidly flowing 
rivers, 
except 
commercial efforts 
by guides 
licensed under section 12853 to transport clients by means of a 
whitewater craft on rapidly flowing riyers while principally 
engaged in fishing. 
§12902. 
Legis1ative findings 
The 
Legislature 
finds 
that 
the 
recreational 
use 
of 
watercraft on rapidly flowing riyers in this State has become an 
increasingly popular sport. Many members of the public rely on 
commercial whitewater outfitters to proyide safe and enjoyable 
trips on these riyers. 
This sport may pose significant risks to 
the users of these rivers if outfitters are not skilled and 
knowledgeable in the navigation of those rivers and are not 
properly regulated. 
The Legislature further finds that increased use of the 
state's rapidly flowing rivers has increased the environmental, 
physical and social burdens on that resource. 
The Legislature further finds that it is in the public 
interest for the State, as trustee of the public waters, to 
regulate commercial whitewater rafting, pursuant to: 
the State's 
authority to protect the health. safety and welfare of its 
citizens: the State's authority to protect its natural resources 
or rapidly flowing riyers: and the State's authority oyer the 
care, supervision and protection of navigation. 
The 
Legislature further 
finds that. 
in 
exerc~s~ng this 
authority, it is in the public interest for the State to adopt 
measures 
to 
ensure 
the 
competence 
of 
commercial 
whitewater 
outfitters: to adopt recreational use limits: and to allocate the 
priyilege 
of 
commercial 
use 
where 
necessary 
to 
meet 
the 
objectiyes and goals of this chapter. 
The Legislature further finds that it is in the public 
interest to 
allow stable, 
well-gualified outfitters who 
are 
providing excellent seryice and meeting the conditions of their 
allocations to continue to do so, subject to periodic review. 
§12903. 
River management objectives 
The following objectiyes are established for management of 
rapidly flowing rivers for the benefit of the people of the State: 
1. 
Safety smd hea1th requirements. 
To ensure that safety 
and health reguirements are met by all river users: 
2. 
Minimize 
environmental. 
impact. 
To 
minimize 
environmental 
impact on the rivers and the river corridors, 
including access roads: 
3. 
Recreational. use. 
To 
allow 
a 
reasonable level of 
recreational use: 
4. 
Quality wilderness e:gN!rience. 
To maintain a quality 
wilderness experience on the rivers: 
5. 
Multiple uses. 
To m1n1m1ze conflicts between different 
uses of the rivers in order to allow for multiple use: 
6. 
Diversity of whitewater e:gN!riences and services. 
To 
encourage a diversity of whitewater trip experiences and services: 
7. 
River use and impact. 
To monitor river use and its 
impact: 
8. 
CODDlJDjcation. 
To encourage open communication with all 
river users, both groups and individuals, on river management 
matters: and 
9. 
bstem of al.locating river use. 
To provide a system of 
allocating river use that is simple and fair and that meets the 
specific goals of section 12913. 
§12904. 
Exceptions 
This chapter does not apply to the operation of canoes or 
kayaks. 
This chapter does not apply to guides or camp trip 
leaders 
licensed 
under 
chapter 
or 
motorboat 
operators 
licensed under chapter 935, 
unless those persons are in the 
business of conducting commercial whitewater trips. 
§12905. 
General penalty 
Except as otherwise specified, a violation of this chapter 
is a civil violation for which a forfeiture of not less than $100 
nor more than $500 may be adjudged. 
The penalty for failure to comply with or for providing 
false 
information 
under 
this 
chapter 
includes 
nonrenewal, 
revocation or suspension of an outfitter's or whitewater guide's 
license or allocation or both, subject to the procedures of Title 
5, chapter 375. 
§12906. 
Rule violations: whitewater rafting 
Except 
as 
provided in section 12910 
and notwithstanding 
section 10602, a person who violates a rule regulating commercial 
whitewater 
rafting 
commits 
a 
civil 
violation 
for 
which 
a 
forfeiture of not less than $100 nor more than $500 may be 
adjudged. 
§12907. 
COII!IDercial whitewater outfitters; license and 
requirements 
1. 
Regpirement. 
Every commercial whitewater outfitter must 
have a commercial whitewater outfitter's license. 
An outfitter 
may not operate a commercial whitewater trip without a license. 
A person who violates this subsection commits a Class E crime. 
2. 
Issuapce; term. 
The commissioner may issue a commercial 
whitewater outfitter's license to conduct commercial whitewater 
trips. 
A license is issued for the calendar year. 
3. 
Insurance 
regyirements. 
An 
outfitter 
shall 
carry 
liability insurance covering the operation of whitewater trips 
and motor vehicles carrying passengers. 
The department shall 
establish, by rule, the minimum limits of liability insurance. 
4. 
Fee. 
The annual basic fee for a commercial whitewater 
outfitter's license must be set by the department and adjusted 
biennially by rule to reflect the actual cost of administering 
the license program. 
The fee forreissuance of a 
license is 
equal to the annual basic fee for a license. 
5. 
HQDrenenL 
suspension or revocation. 
A 
commercial 
whitewater 
outfitter's 
license 
is 
subject 
to 
nonrenewal, 
suspension or revocation for good cause shown, including, but not 
limited 
to, 
unsafe 
practices, 
falsifications 
of 
reports 
or 
serious or continued violation of this chapter, subject to Title 
5, chapter 375. 
6. 
Sale of business. 
When a licensed outfitter's business 
is sold, the commercial whitewater outfitter's license must be 
returned to the department. 
On application, the license must be 
reissued to the purchaser, as long as the purchaser meets the 
licensing requirements of the department and pays the license 
fee. 
A person may not profit on the return and reissuance of the 
license itself, but nothing in this chapter may be construed to 
prohibit profit on the sale of any of the assets of a business. 
The license is not an asset and may not be transferred as part of 
a sale or transaction. 
The department may require an affidavit 
from the purchaser to aid in enforcement of this provision. 
7. 
Sale 
of 
business; 
allocations. 
When 
a 
licensed 
outfitter's business is sold, the selling outfitter's allocations 
or portions of the allocations subject to the sale must be 
returned to the department. 
An outfitter who 
purchases the 
business 
of 
another 
outfitter 
whose 
commercial 
whitewater 
outfitter's license has 
been 
returned to 
the department 
as 
provided in subsection 6 has 60 days from the date of sale to 
submit 
an 
affidavit 
applying 
for 
the 
selling 
outfitter's 
allocation. ensuring that the level and guality of services of 
the selling outfitter will be maintained. 
On application to the 
department. allocations may be reissued to the purchaser. as long 
as the purchaser meets the licensing and allocation reguirements 
of the department and pays the license and allocation fees. 
The 
allocations are not assets 
of 
a 
business. 
Allocations or 
portions of the allocations may be transferred. pursuant to this 
chapter. from a selling outfitter to one or more purchasers only 
if the 
selling outfitter's 
allocations 
or 
portions 
of 
the 
allocations subject to the sale are returned to the department. 
An outfitter may not receive more than the maximum allocations 
allowed under section 12913. subsection 3. 
When allocations are 
forfeited or when new allocations become available as a result of 
increases in the commercial use limits on an allocated river. the 
department shall sell those allocations at public auction to 
gualified recipients. 
Net proceeds from the sale of allocations 
must be paid to the Whitewater Rafting Fund established under 
section 10259. 
8. 
Affiliated outfitters. 
An affiliated outfitter may be 
licensed, but is subject to additional allocation restrictions. 
An application for allocations must contain a declaration of the 
extent of affiliation, as defined in section 12901. subsection 2. 
or a declaration of nonaffiliation and a statement disclosing any 
relationship with other licensed outfitters, including the giving 
or receipt of eguipment. materials or other assistance. 
The 
department may require submission of any books. memoranda. papers 
or accounts it reasonably believes necessary to determine whether 
a person seeking an allocation is an affiliated outfitter. 
Any 
books. memoranda, papers or accounts submitted pursuant to this 
subsection are confidential and may be made available only to 
persons involved in determining affiliation and only for that 
purpose. unless they are submitted for another purpose. 
9. 
Ljmitation. 
This 
chapter 
may 
not 
be 
construed as 
revoking any right of passage or access created by statute. 
contract or operation of law or as creating any such right for 
any outfitter or any associates or customers of any outfitter 
upon the project or project works of any licensee of the Federal 
Energy Regulatory Commission, as the terms "project" and "project 
works" are defined in United States Code. Title 16. Section 796 
(11) and (12). respectively. 
§l2908. NOncommercial organization that collects dues or fees 
Notwithstanding section 12901, subsection 5, an organization 
that collects dues or fees may conduct rafting trips on rapidly 
flowing 
riyers 
without 
obtaining 
a 
commercial 
whitewater 
outfitter's license if the commissioner determines under this 
section that the organization is a noncommercial organization. 
An 
organization 
is 
a 
"noncommercial 
organization" 
if the 
commissioner determines that the organization is: 
1. 
Tax-exempt nonprofit cor.poration formed before March 1. 
1996. 
A nonprofit corporation incorporated before March 1, 1996, 
including any council, 
troop or other organized local group 
affiliated with the corporation, that collects dues or fees from 
its members 
and 
for 
which 
conducting whitewater rafting is 
incidental to the purpose of the corporation. 
The organization 
wishing to conduct a rafting trip on a rapidly flowing riyer 
without a commercial whitewater outfitter's license under this 
subsection shall file a written reguest with the commissioner at 
least 15 days before conducting that trip. 
The request must 
include the name of the organization conducting the trip and the 
time. location and number of persons participating in the trip. 
The commissioner may request any additional information from the 
organization 
necessary 
to 
make 
a 
determination 
under 
this 
subsection. 
Notwithstanding any other provision of this section. 
the commissioner may 
not allow any council. 
troop or other 
organized local group affiliated with the corporation to conduct 
more than 2 whitewater rafting trips in MY one calendar year 
without obtaining a commercial whitewater outfitter's license; or 
2. 
RoncQDDercial whitewater rafting club. 
A qualifying 
noncommercial 
whitewater 
rafting 
club. 
A 
"qualifying 
noncommercial whitewater rafting club" is a group that collects 
dues 
or 
fees 
from 
its 
members 
and 
that 
the 
commissioner 
determines 
to 
be 
organized 
solely to 
proyide 
noncommercial 
whitewater 
rafting 
opportunities 
to 
its 
members. 
To 
be 
considered under this subsection. 
a club must proyide to the 
commissioner the following information before January 1st of each 
;year: 
A. 
A list that includes the name. legal residence and home 
telephone number of each dues-paying member of the club. 
That list must identify a member as the president of the 
club and must identify any other officers or board members 
of the club. 
An officer or a board member of the club may 
not be 
a 
commercial whitewater outfitter or 
a 
licensed 
whitewater guide. 
The commissioner may not accept more than 
one amended membership list from a club between April 1st 
and November 1st; 
B. 
A statement signed by all board members, if any, and all 
officers of the club swearing that: 
(1) 
The 
sole purpose of 
the 
club is to provide 
noncommercial whitewater rafting opportunities to its 
members; 
(2) 
No 
member of the club, 
including officers and 
board members. receives any form of compensation from 
the club at any time. either while a member of the club 
or afterwards; 
(3) 
The club will use its own rafting equipment, and 
all fees or dues collected from club members are used 
only to provide insurance and to purchase and maintain 
rafting equipment for use solely by the club; and 
(4) 
The club will not employ or otherwise compensate 
any person for 
any service relating to rafting Qr 
accept any gifts of products or services 
from 
any 
commercial whitewater outfitter or licensed whitewater 
guide; and 
C. 
Any 
other 
information 
the 
commissioner 
determines 
necessary. 
If the club is an incorporated entity, 
the 
commissioner shall require the club to submit a copy of the 
club's articles of incorporation. 
The commissioner may not 
consider any incorporated entity other than a tax-exempt. 
nonprofi t corporation as a noncommercial whitewater rafting 
club. 
When authorizing a 
noncommercial organization under this 
section to conduct whitewater rafting trips without a commercial 
license. the commissioner shall. when the commissioner determines 
necessary, place limits on that organization's whitewater rafting 
activities, including limits on the time and location of rafting 
activities, the number of persons that may participate in those 
rafting activities and the safety equipment required for rafting 
trips. 
The commissioner may reject a request under this section 
if the commissioner determines that granting the reg:uest would 
conflict with the 
river management 
objectives set forth in 
section 12903. 
§12909. 
Whitewater guide license 
1. 
Eligibilitr. 
A person may not act as a whitewater guide 
unless that person is 18 years of age or older and has procured a 
license from the commissioner pursuant to this section. 
2. 
Rules. 
The conunissioner shall by rule establish the 
requirements for a whitewater guide's license. 
3. 
Examination. 
All initial applicants for a whitewater 
guide's license are required to pass an examination developed and 
administered by the conunissioner. 
4. 
Fee. 
The fee for an examination is $100 and is not 
refundable. 
An applicant may retake the examination once without 
paying 
an additional examination fee. 
A whitewater guide's 
license is a 3-year license. 
The fee for a whitewater guide's 
license is $87. 
5. 
ReDeWal. 
A whitewater 
guide 
whose 
license is not 
suspended or revoked may renew that license upon the payment of 
the license fee. 
An examination is required for any person who 
has not held 
a 
valid whitewater guide's 
license within the 
previous 3 years. 
§12910. 
Safety: order of launch: safety committee 
1. 
Whitewater trip safety restrictions. 
The conunissioner 
shall 
by 
rule 
establish 
safety 
restrictions 
for 
whitewater 
trips. 
A person who violates safety restrictions established 
pursuant to this subsection conunits a Class E crime. 
2. 
Order of launch. 
Launch order of conunercial whitewater 
outfitters on a particular river or portion of river may be 
determined and enforced by the department to protect public 
health 
and 
safety. 
The 
department 
shall 
provide 
for 
the 
outfitters to choose. in the order of their first documented 
dates of continuous conunercial operation on the particular river 
or portion of river. 
their preferred launch positions. 
To 
facilitate that determination. 
each outfitter shall submit 
a 
sworn affidavit to the department stating the date the outfitter 
first began continuous conunercial operation. 
3. 
Whitewater Safety Committee. 
The 
Whitewater 
Safety 
Conunittee established by Title 5. section 12004-I. subsection 70 
shall 
advise 
the 
conunissioner 
in establishing 
and 
reviewing 
safety requirements for whitewater trips. developing a 
safety 
information program and reviewing the safety record of whitewater 
guides 
and outfitters. 
The 
conunittee shall submit 
a 
written 
report 
annually 
on 
each 
outfitter's 
safety 
record 
to 
the 
conunissioner. 
A. 
The 
Whitewater 
Safety 
Conunittee 
is 
composed 
of 
members: 
members of the Advisory Board for the Licensing 
of Whitewater Guides designated by the board; 2 conunercial 
whitewater outfitters and 2 whitewater guides designated by 
the Governor; and 2 members from the general public. one 
designated by the President of the Senate and one designated 
by the Speaker of the House of Representatives. 
B. 
Terms of members of the Whitewater Safety Committee are 
for 
years. 
expiring 
on 
December 
31st. 
except 
that 
initially the members shall draw lots for a one-year or a 
2-year term. 
Terms must be staggered so that the term of 
one member in each category expires each year. 
Members 
serve until their successors are nominated and qualified. 
Members 
appointed 
to 
fill 
a 
vacancy 
created 
by 
the 
resignation. death or incapacity of a member shall complete 
the term of the vacancy and be eligible for reappointment. 
Members are entitled to be compensated as provided in Title 
5. chapter 379 for no more than 4 meetings a year. 
4. 
Safety reports. 
Each commercial whitewater outfitter 
shall submit safety reports on forms provided by the commissioner 
as follows: 
A. 
A written report of any accident occurring in connection 
with a whitewater trip conducted by that outfitter resulting 
in the death of a person. a person's losing consciousness or 
receiving medical treatment. 
a person's becoming disabled 
for more than 24 hours. 
a person's disappearance from a 
whitewater craft under circumstances indicating death or 
injury or damage to the whitewater craft or other property 
of more than $100; and 
B. 
A written report of such other dangerous accidents and 
occurrences as the department may. by rule. require. 
§12911. RecreatiOnal use ljmits 
1. 
Findiugs and goals. 
Increased use has resulted in 
increased envirOnmental impact on the Kennebec River and the West 
Branch Penobscot River. as well as on their valleys. nearby roads 
and the social structure of the areas. 
Recreational use limits 
are necessary to allow for rafting use and other competing uses. 
such 
as 
fishing. 
camping 
and 
canoeing. 
while 
minimizing 
detrimental impacts and maintaining the opportunity for a quality 
wilderness experience for rafters and for other users. 
2. 
Kennebec River. 
The 
recreational use limit on the 
Kennebec River between Harris Station and West Forks is L 000 
commercial passengers per day. Noncommercial recreational use is 
not limited. 
3. 
Nest Branch Penobscot River. In order to allow free time 
for other uses. whitewater craft are only allowed on the West 
Branch Penobscot River between McKay Station and Pockwockarous 
Falls between 8:30 a.m. and 5:00 p.m. 
The recreational use limit of the West Branch Penobscot River 
between McKay Station and Pockwockamus Falls is 560 commercial 
passengers per day. Noncommercial recreational use is not limited. 
§I29I2. Rapidly flowing rivers 
1. 
User fee. 
Each outfitter shall pay a user fee of $1 per 
passenger, excluding guides, 
carried by the outfitter on any 
rapidly flowing river. 
This fee must be paid by the 30th day of 
the month 
following the month in which the passengers were 
carried. 
2. 
Reporting. 
Each outfitter shall report monthly to the 
department the number of passengers carried each day on each 
rapidly flowing river. 
This report must be accurate and be 
submitted by the 30th day of the month following the month in 
which the passengers were carried. 
3. 
Passenger 
limitation. 
Except 
as 
provided 
in this 
subsection. an outfitter may not carryon any rapidly flowing 
river 
more 
than 
passengers 
per 
day 
or 
more 
than 
the 
allocations for that outfitter's largest single day on that 
river. whichever number is greater. 
On allocated days. that 
limit 
may 
be 
exceeded 
only 
as 
provided 
in section 
12913, 
subsection 7, paragraph C. 
On unallocated days. an outfitter may 
occasionally carry up to 4 additional passengers to accommodate 
problems in booking. 
Abuse of this privilege results in its loss. 
§I29I3. 
Allocation system 
1. 
Goals. 
The goals of the allocation system are: 
A. 
To 
encourage 
a 
wide 
diversity of 
whitewater 
trip 
experiences and services: 
B. 
To 
provide 
a 
fair distribution of river use 
among 
existing and future users: 
C. 
To 
maximize competition within the recreational use 
limits: 
D. 
To 
allow 
for 
reasonable 
business 
stability 
for 
outfitters by allowing stable. well-qualified outfitters who 
are providing excellent service and meeting the conditions 
of their allocations to continue to do 
so, 
subject to 
periodic review; 
E. 
To encourage efficient use of the allocation system; 
F. 
To be flexible enough to adapt to changes in river use 
or river conditions; 
G. 
To prevent evasion of the system; and 
H. 
To provide opportunity for public access. 
2. 
Allocation resprlred: affiliated outfitters restricted. 
Except as provided in subsection 7, a person may not operate a 
commercial whitewater trip on the Kennebec River between Harris 
Station and West Forks or on the West Branch Penobscot River 
between 
McRay 
Station 
and 
Pockwockamus 
Falls 
without 
an 
allocation or in excess of an allocation. 
An allocation is not 
required for 
other rivers or for 
other stretches of those 
rivers. 
Not more than one member of an affiliated group may 
conduct whitewater trips on any river or stretch of river for 
which a specific allocation is required. including on days for 
which an allocation is not required. 
Three 
or 
more 
years 
after 
the 
period of 
affiliation. 
the 
department may. 
in its discretion. 
consider requests by any 
former 
member 
of 
an affiliated group to 
run passengers 
on 
allocated rivers. 
The burden rests on the former member of an 
affiliated group to demonstrate that the reasons for any finding 
of affiliation have so diminished in effect that the public 
interest will be 
served 
Ay 
considering the 
former 
member's 
request to run passengers on an allocated river. 
3. 
Allocations, 
muimum, 
minjmum. 
The 
department 
may 
allocate the privilege to conduct whitewater trips to licensed 
outfitters. 
The maximum allocation for 
an outfitter is 120 
passengers per day. 
The minimum allocation to be awarded is 10 
passengers per day on the Kennebec River and 16 passengers per 
day on the West Branch Penobscot River. 
The total number of 
allocations issued for 
an allocated day may not exceed the 
recreational 
use 
limits 
established in section 
12911. 
The 
department may declare a day to be an allocated day when the 
department determines that the regular and persistent use of the 
river on that day from year to year may exceed the recreational 
use limits for that day. 
4. 
Conditions for holding allocations. 
Allocations are a 
pri vilege extended by the State for the use of a limited public 
resource. 
The department may 
suspend. 
revoke or reduce the 
number of allocations when it is advisable to do so for better 
management of the resource or for protection of public safety and 
welfare. 
An outfitter's allocations are subject to forfeiture or 
suspension by the department if the outfitter fails to maintain 
the conditions of its license, 
fails to continue using its 
allocations productively or fails 
to maintain 
a 
quality of 
service consistent with the public interest. 
5. 
Allocation criteria. 
The department may adopt rules 
specifying 
a 
schedule 
for 
reviewing 
outfitters 
who 
hold 
allocations 
and 
setting 
forth 
the 
criteria 
for 
awarding 
allocations. 
An outfitter shall submit periodic public reports 
to the department documenting river use for both allocated and 
unallocated days. 
If the department determines that additional 
allocated days are required, the allocation of trips on any such 
additional 
day 
must 
be 
distributed 
among 
existing 
licensed 
outfitters, upon payment of the appropriate allocation fee, in 
accordance with their percentage of total use averaged over the 
rafting season on that rapidly flowing river on that particular 
day, up to the limit on allocations established in subsection 3. 
6. 
Allocation fee. 
An outfitter shall pay the department 
an annual allocation fee, for either river when allocations are 
required, of $250 per unit of 20 passengers or less allocated per 
day on either river in excess of a single unit on a single 
river. 
This may be in quarterly payments, beginning 30 days 
after the allocation is awarded. The maximum allocation fee is 
$2,625 for the privilege of carrying 120 passengers per day on 
both rivers. 
7. 
Exceptions. 
The 
following 
exceptions 
apply 
to 
allocations. 
A. 
Allocations are required for Saturdays on the Kennebec 
River 
for 
the 
periOd 
of 
July 
1st 
to 
August 
31st. 
Allocations are required for Saturdays on the Penobscot 
River for the period of June 8th to August 31st. 
The 
commissioner may adopt rules establishing allocations for 
Sundays for the period of July 1st to August 31st. 
If the 
department determines that the recreational use limit will 
be reached other days, the department shall provide by rule 
for allocations. 
B. 
Under 
high-water 
or 
low-water 
conditions 
on 
the 
Penobscot River, an emergency swap of an allocation may be 
made to the Kennebec River, as long as sufficient water is 
available there. Under no circumstances may a transfer of an 
allocation 
be 
allowed 
from 
the 
Kennebec 
River 
to 
the 
Penobscot River. 
c. 
An outfitter may occasionally exceed the allocation by 2 
passengers on a trip of up to 40 passengers. or 4 passengers 
on 
a 
trip of 
more 
than 
passengers, 
to 
accommodate 
problems in booking, as long as the average of the number of 
passengers carried on an outfitter's 10 best allocated days 
for each river and for each allocated day of the week does 
not exceed the outfitter's allocation for that river and 
day. 
Abuse of this privilege results in its loss. 
D. 
On the several days in the months of April and May when 
special water releases are scheduled to be made from the 
Flagstaff Dam 
to permit whitewater rafting on the Dead 
River, 
cOmmercial 
whitewater 
rafting 
trips 
may 
be 
transferred from 
the 
Dead 
River 
to the 
Kennebec 
River 
whenever high-water or low-water conditions render use of 
the 
Dead 
River 
unsafe 
or 
inappropriate 
for 
commercial 
whitewater rafting trips. 
8. 
Noncommercial 
whitewater 
rafting 
trips: 
prior 
registration rep.ired,. 
A person without a commercial whitewater 
outfitter's license using a whitewater craft on any stretch of 
river for which a specific allocation is required, and including 
days for which an allocation is not required, shall file, prior 
to launching the craft, a noncommercial trip registration form 
with the department. The form must state that the person's use of 
whitewater craft on this river stretch does not constitute a 
commercial whitewater trip as defined in section 12901 and must 
be signed by all persons using the craft. 
A. 
A commercial whitewater outfitter using a whitewater 
craft 
on 
any 
stretch of 
river 
for 
which 
a 
specific 
allocation 
is 
required. 
including 
days 
for 
which 
an 
allocation is not required, and carrying a person other than 
a commercial passenger or commercial whitewater guide, shall 
file a noncommercial passenger registration form with the 
department before launching the craft. 
The form must list 
the persons who are not commercial whitewater guides Qr 
commercial passengers, state that the persons listed are not 
commercial whitewater guides or commercial passengers and be 
signed by each person listed. 
CRAP".rER 931 
TAXIDERMIS':I:S ABD BIDE DEAT.ERS 
§lZ9S1. 
Rule violations: taxidemy 
Notwithstanding section 10602, a person who violates a rule 
regulating taxidermy 
commits 
a 
civil violation for 
which 
a 
forfeiture of not less than $100 nor more than $500 may be 
adjudged. 
§lZ9SZ. Taxidermy: general provisions 
1. 
Definitions. 
As 
used in this 
chapter. 
unless 
the 
context 
otherwise 
indicates. 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Board" means the Advisory Board for the Licensing of 
Taxidermists 
established 
by 
Title 
5. 
section 
12004 I. 
subsection 23-A. 
2. 
Per.mitted activities. 
The 
holder of 
a 
taxidermist 
license may: 
A. 
Possess. at the licensee's place of business. lawfully 
acguired fish or wildlife specimens for the sole purpose of 
preparing and mounting them: 
B. 
Transport lawfully acguired fish and wildlife specimens 
to and from the licensee's place of business: 
C. 
Sell lawfully acguired specimens of fish and wildlife 
that have been preserved through the art of taxidermy if 
that sale 
does 
not violate regulations of 
the 
federal 
Migratory Bird Treaty Act or other federal regulations: 
D. 
Designate others to aid or assist in conducting business 
at the licensee's place of business: and 
E. 
Buy. sell or barter raw. untanned hides or heads of wild 
animals. 
3. 
Records. 
The holder of a taxidermist license shall keep 
a true and complete record. in such form as reguired by the 
commissioner. 
of all activities 
conducted by virtue of the 
taxidermist license. 
The record must be open for inspection by 
any agent of the commissioner during normal business hours. 
The 
license holder 
shall file 
a 
copy 
of 
the 
record with 
the 
commissioner no later than 10 days after the end of the year 
during which the license is valid. 
4. 
Competenc::;y standards. 
The commissioner shall establish 
standards of competency for the practice of taxidermy and shall 
provide 
a 
copy of these standards to each applicant for 
a 
taxidermy license. 
5. 
RuIes. 
The commissioner may. 
pursuant to the Maine 
Administrative 
Procedure 
Act. 
adopt 
rules 
to 
implement 
the 
provisions of this section and sections 10155. 10909 and 12953. 
§12953. Licensure 
1. 
License regyired. 
In order to safeguard the life, 
health and welfare of the people of this State, a person may not 
practice the art of taxidermy for commercial purposes unless that 
person holds a valid taxidermist license as provided in this 
section. 
Each day a person violates this subsection, that person commits a 
Class E crime for which a minimum fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
2. 
License 
gpa1ifications. 
To 
be 
eligible 
for 
a 
taxidermist license issued pursuant to this section, an applicant 
must: 
A. 
Satisfactorily 
pass 
a 
taxidermy 
eXamination, 
as 
prescribed by the commissioner by rule: and 
B. 
Demonstrate trustworthiness and competence to practice 
the art of taxidermy in such a manner. as prescribed by the 
commissioner by rule. as to safeguard the interests of the 
public. 
3. 
License app1ication. 
An applicant for a license must 
submit 
a 
written application to the commissioner 
on 
a 
form 
prescribed by the commissioner. 
The commissioner may require an 
applicant 
who 
has 
previously held 
a 
taxidermist license 
to 
provide a notarized statement indicating that the person has not 
failed to provide services to a customer as promised through a 
contractual agreement with that customer. 
A. 
The application must contain satisfactory evidence of 
the qualifications required of the applicant under this 
section and must be sworn to by the applicant. 
B. 
Failure or refusal to provide information requested on 
the 
application 
form 
is 
sufficient 
grounds 
for 
the 
commissioner to reject the application. 
C. 
The application must be accompanied by a nonrefundable 
fee of $10. 
D. 
Within 10 working days of receipt of an application for 
a 
taxidermist license. the commissioner shall notify the 
applicant as to the acceptability of the application and 
shall provide the applicant with notice at least 2 weeks 
prior to any eXamination required under this section. 
4. 
Examination. 
An applicant for a license shall appear at 
a time and place designated by the commissioner to be examined by 
means of written. practical and oral tests as the commissioner 
determines. 
The 
commissioner 
shall 
determine 
the 
form 
and 
content of examinations. 
5. 
Ree~amination. 
The 
commissioner 
may 
require 
a 
taxidermist to be 
reexamined if the commissioner 
receives 
a 
written 
complaint 
and. 
upon 
investigation. 
finds 
that 
the 
taxidermist no longer meets the qualifications to be licensed as 
a taxidermist. 
6. 
Fee. 
License applicants 
who 
successfully meet 
the 
qualifications set forth in this section must be issued a license 
upon payment of a $65 fee. 
This fee is in addition to the $10 
examination fee. 
7. 
Annual renewal of license: fees: effect of failure to 
renew. 
Licenses issued pursuant to this section run for the 
current year until the 30th day of June following the date of the 
issuance. 
on which date the license terminates unless sooner 
revoked. 
Subject to any revocation or suspension. the license or 
permit may be renewed annually upon application by the licensee 
accompanied by a $75 license fee. 
§12954. 
Hide dealer's license 
1. 
License required. 
Except as provided in subsection 6 
and section 12955, a person may not engage in any activity for 
which a hide dealer's license may be issued under subsection 2 
without a valid hide dealer's license. 
Each day a person violates this subsection. that person commits a 
Class E crime for which a minimum fine of $50 and amount equal to 
twice the applicable license fee must be imposed. 
2. 
Issuance. The commissioner may issue a hide dealer's 
license permitting a person to commercially: 
A. 
BUY. sell. barter. take in trade or take in exchange for 
any services rendered any raw, untanned wild animal hide or 
head or the gall bladder from any bear: and 
B. 
Aid or assist another in buying, selling or bartering 
raw, untanned hides or heads of wild animals or bear gall 
bladders. 
3. 
ExPiration. 
All licenses issued under this section are 
valid for one year commencing July 1st of each year. 
4. 
Fee. 
The annual fees for hide dealer licenses are: 
A. 
For a resident hide dealer. $58: and 
B. 
For a nonresident hide dealer, $108. 
5. 
Restrictions. 
A licensee shall keep a true and complete 
record, in such form as is required by the commissioner, of all 
heads, hides and bear gall bladders purchased. 
The record must 
be open for inspection by the commissioner or the commissioner's 
agent and must be filed with the commissioner on or before June 
30th of each year. 
6. 
Exception. 
The following are exceptions to the license 
requirements set forth in this section. 
A. 
A person who lawfully possesses a deer, moose or bear or 
lawfully possesses a fur-bearing animal may sell. without a 
license, the hide. head or gall bladder of that animal. 
B. 
An employee of a licensed hide dealer may, without a 
license, aid or assist the licensee in conducting business. 
but only at the licensee's fixed place of business. 
7. 
Licensing violation. 
Each day 
a 
person violates 
a 
restr iction of a license issued under this section that person 
commits a civil violation for which a forfeiture of not less than 
$100 nor more than $500 may be adjudged. 
§12955. Special bide dealer's license 
1. 
License required. 
A person may 
not 
engage 
in an 
activity for which a special hide dealer's license may be issued 
under subsection 2 without a valid special hide dealer's license 
unless the person holds a valid license issued under section 
12954. 
Each day a person violates this subsection. that person commits a 
Class E crime for which a minimum fine of $50 and amount equal to 
twice the applicable license fee must be imposed. 
2. 
Issuance. 
The commissioner may issue a special hide 
dealer's license to any person who maintains a place of business 
for 
the butchering of wild animals within this State. 
The 
special hide dealer's license permits a holder commercially to 
sell or barter the heads or untanned hides of deer or moose that 
are butchered in the license holder's place of business. 
3. 
E;q!iration. 
All licenses issued under this section are 
valid for a period commencing September 1st and ending December 
31st of the year in which the license is issued. 
4. 
Fee. 
The annual fee for a special hide dealer's license 
is $10. 
5. 
Restrictions. 
A licensee shall keep a true and complete 
record. in such form as is reguired by the commissioner. of all 
hides bartered or sold. 
The record must be open for inspection 
by the commissioner or the commissioner's agent. 
and must be 
filed with the commissioner on or before February 1st of the 
following year. 
6. 
License violation. 
Each 
day 
a 
person violates 
a 
restriction of a license issued under this section that person 
commits a civil violation for which a forfeiture of not less than 
$100 nor more than $500 msy be adjudged. 
SUBPART 6 
RECREATIONAL VRHTCLES 
CHAPTER 933 
GENERAL RECREATIOlfAL VEHICLE PROVISIONS 
§13001. 
Definitions 
As 
used in this 
subpart. 
unless 
the 
context otherwise 
indicates. the following terms have the following meanings. 
1. 
Accompanied by adult. "Accompanied by an adult" means. 
with respect to operation of an ATV. within visual and voice 
contact and under the effective control of a child's parent or 
guardian or another person 21 years of age or older. 
2. 
AirJDObile. "Airmobile" means any vehicle propelled by 
mechanical power that is designed to travel upon a cushion of air 
on or within 2 feet of the water or land surface of the earth. 
3. 
All terrain vehicle or AN. 
"All-terrain vehicle" or 
"ATV" 
means 
a 
motor-driven. 
off-road. 
recreational 
vehicle 
capable of cross-country travel 
on 
land. 
snow. 
ice. 
marsh. 
swampland or other natural terrain. 
"All-terrain vehicle" or 
"ATV" includes. but is not limited to. a multitrack. multiwheel 
or low-pressure tire vehicle: a motorcycle or related 2-wheel. 
3-wheel or belt-driven vehicle: an amphibious machine: or other 
means of transportation deriving motive power from a source other 
than muscle or wind. 
For purposes of this subpart. "all-terrain 
vehicle" or "ATV" does not include an automobile as defined in 
Title 
29-A. 
section 101. 
subsection 7: 
an electric personal 
assistive mobility device as defined in Title 
29-A. section 101. 
subsection 22-A: a truck as defined in Title 29-A. section 101. 
subsection 88: 
a 
snowmobile: 
an airmobile: 
a 
construction or 
logging vehicle used in performance of its common functions: a 
farm vehicle 
used 
for 
farming 
purposes: 
or 
a 
vehicle 
used 
exclusively for emergency. military. 
law enforcement or fire 
control purposes. 
4. 
Alpine tundra. 
"Alpine tundra" means high-elevation. 
treeless areas beyond the timberline that are dominated by low 
herbaceous or shrubby vegetation and. specifically. areas that 
are designated as alpine tundra by the Department of Conservation 
by rule pursuant to Title 5. chapter 375. subchapter 2. 
5. 
Antique 
snOlllRQbile. 
"Antique 
snowmobile" 
means 
a 
snowmobile more than 25 years old that is registered as 
an 
antique snowmobile under section 13104. subsection 5. 
6. 
Agyatic plant. 
"Aquatic plant" means a vascular plant 
species that requires a permanently flooded freshwater habitat. 
7. 
Bow. "Bow" means the forward half of a watercraft. 
8. 
Cowling. "Cowling" means the forward or rear portion of 
a 
snowmobile. 
usually 
of 
fiberglass 
or 
similar 
material. 
surrounding the motor and clutch assembly. 
9. 
Division. "Division" 
means the Department of Inland 
Fisheries and Wildlife. Division of Licensing and Registration. 
10. 
Dwelling. 
"Dwelling" 
means 
any building used as 
a 
permanent residence or place of domicile. 
11. 
Federal vaters. "Federal waters" means all waters that 
are not internal waters and are subject to the jurisdiction of 
the United States. 
12. 
Freshwater marshes and bogs. "Freshwater marshes and 
bogs" means naturally occurring open areas with saturated soils 
or peat. often associated with standing water and dominated by 
low 
herbaceous 
vegetation. 
grasses. 
weeds 
and 
shrubs 
and 
including wetlands. 
as 
shown on the Freshwater Wetlands 
Map 
Series. Bureau of Geology and Natural Areas. Maine Geological 
Survey. or zoned as a Wetland Protection Subdistrict. P-WL. by 
the Maine Land Use Regulation Commission. 
13. 
Internal vaters. "Internal waters" means waters under 
the exclusive jurisdiction of the State. 
14. 
Invasive aq.uatic plant. 
"Invasive aguatic plant" means 
a species of aquatic plant described in Title 38. section 4l0-N. 
15. 
Marina or boat yard owner. 
"Marina or boat yard owner" 
means a person who owns a facility that leases storage, docking 
or mooring space to watercraft. 
16. 
Motorboat. "Motorboat" means any watercraft. including 
airmobiles, 
equipped with propulsion machinery of 
any 
type, 
whether 
or 
not 
the 
machinery 
is 
the 
principal 
source 
of 
propulsion, 
is 
permanently 
or 
temporarily 
attached 
or 
is 
available for propulsion on the watercraft. 
17. 
Motorboat 
carr.:ying passengers for hire. 
"Motorboat 
carrying passengers for hire" means a motorboat used for the 
purpose 
of 
carrying 
a 
person or persons 
as 
passengers 
for 
valuable consideration, whether directly or indirectly flowing to 
the owner, charterer, agent or any other person interested in the 
watercraft. 
18. 
OPerate. "To operate," in all its moods and tenses, 
means: 
A. 
When it refers to a snowmobile, to use a snowmobile in 
any manner within the jurisdiction of the State, whether or 
not the vehicle is under way; 
B. 
When it refers to watercraft of any type or description, 
to 
use 
that 
watercraft 
in 
any 
manner 
on 
the 
waters 
specified, whether or not the watercraft is under way: or 
C. 
When it refers to an ATV, to use an ATV in any manner 
within the jurisdiction of the State, whether or not the 
vehicle is moving. 
19. 
Qperation. "Operation," when it refers to watercraft of 
any type or description, means the act of operating as defined in 
subsection 18. 
20. 
Qperator. "Operator" means the person who is in control 
or in charge of a watercraft while it is in use. 
21. 
Owner. "Owner" means: 
A. 
For the purpose of registration of 
a 
snowmobile, 
a 
person holding title to a 
snowmobile or having exclusive 
right to the use of a snowmobile for a periOd greater than 
days: 
B. 
With respect to watercraft, a person who claims lawful 
possession of the watercraft by virtue of legal title or 
equitable interest therein that entitles the 
person to 
possession: or 
C. 
For the purposes of registration of an ATV, 
a person 
holding title to an ATV. 
22. 
Passenger. "Passenger" includes every person carried on 
board a watercraft other than: 
A. 
The owner or the owner's representative: 
B. 
The operator: 
C. 
Bona fide members of the crew engaged in the business of 
the watercraft who have not contributed consideration for 
their carriage and who are paid for their services: and 
D. 
A guest on board 
a 
watercraft that is being used 
exclusively for pleasure purposes who has not contributed 
any consideration, directly or indirectly, for that guest's 
carriage. 
23. 
Personal yatercraft. 
"Personal watercraft" means any 
motorized watercraft that is 14 feet or less in hull length as 
manufactured. has as its primary source of propulsion an inboard 
motor powering a jet pump and is capable of carrying one or more 
persons in a sitting. standing or kneeling position. 
"Personal 
watercraft" includes, but is not limited to, a jet ski, wet bike, 
surf jet and miniature speedboat. 
"Personal watercraft" also 
includes motorized watercraft whose operation is controlled by a 
water skier. 
24. 
Protective headgear. 
"Protective headgear" 
means 
a 
helmet that conforms with minimum standards of construction and 
performance as prescribed by the American National Standards 
Institute specification Z90.1 or by the Federal Motor Vehicle 
Safety Standard No. 218. 
25. 
Snowmobile. "Snowmobile" means a vehicle propelled by 
mechanical power that is primarily designed to travel over ice or 
snow and is supported in part by skis, belts or cleats. 
26. 
State of principal use. "State of principal use" means 
the state on whose waters a watercraft is used or to be used most 
during a calendar year. 
27. 
Use. "Use" means. with respect to watercraft, operate « 
navigate or employ. 
28. 
Watercraft. 
"Watercraft" means 
any type of vessel. 
boat. 
canoe or craft capable of being used as 
a 
means 
of 
transportation on water. other than a seaplane. including motors. 
electronic and mechanical equipment and other machinery. whether 
permanently or temporarily attached. that are customarily used in 
the operations of the watercraft. "Watercraft" does not include a 
vessel. 
boat. 
canoe 
or 
craft 
located 
and 
intended 
to 
be 
permanently docked in one location and not used as a means of 
transportation on water. 
29. 
Water safety zone. "Water safety zone" means the area 
of water within 200 feet of shoreline. whether the shoreline of 
the mainland or of an island. 
30. 
Waters of this State. "Waters of this State" means all 
internal waters and all federal waters within the jurisdiction of 
the State. 
§13002. Collection by commissioner 
The commissioner or agents of the commissioner shall act on 
behalf of the State Tax Assessor to collect the use tax due under 
Title 36. chapters 
to 225 in respect to any watercraft. 
snowmobile or ATV for which an original registration is required 
under this Title at the time and place of registration of that 
watercraft. snowmobile or ATV. 
All 
taxes 
collected pursuant 
to 
this 
section must 
be 
transmitted forthwith to the Treasurer of State and credited to 
the General Fund as undedicated revenue. 
The LegislatUre shall 
appropriate to the department in each fiscal year an amount equal 
to 
the 
administrative 
costs 
incurred 
by 
the 
department 
in 
collecting 
revenue 
under 
this 
section. 
Those 
administrative 
costs must be verified by the Department of Administrative and 
Financial Services. 
For purposes of this section. "original registration" means 
any registration other than a renewal of registration by the same 
owner. 
§13003. 
Payment of sales or use tax preregyisite 
to registration 
1. 
Registration of watercraft and AN. 
An application for 
registration may not be granted in respect to any watercraft or 
ATV whose sale or use may be subject to tax under Title 36. 
chapters 
to 
225. 
except in the 
case of 
a 
renewal 
of 
registration py the same owner. unless and until one of the 
following conditions has peen satisfied: 
A. 
The applicant has submitted a dealers' certificate in a 
form prescribed by the State Tax Assessor. showing either 
that the sales tax due in respect to the watercraft or ATV 
in guestion has been collected by the dealer or that the 
sale of the watercraft or ATV is exempt from or otherwise 
not subject to tax under Title 36. chapters 211 to 225: 
B. 
The applicant has properly executed and signed a use tax 
certificate in the form and manner prescribed by the State 
Tax Assessor and paid the amount of tax shown therein to be 
due: or 
c. 
The applicant has properly executed and signed a use tax 
certificate in the form and manner prescribed by the State 
Tax Assessor showing that the sale or use of the watercraft 
or ATV in guestion is exempt from or otherwise not subject 
to tax under Title 36. chapters 211 to 225. 
2. 
Registration of snowmobile. 
Prior to registering a 
snowmobile. an agent of the commissioner shall collect sales or 
use tax due. 
Sales or use tax is due unless: 
A. 
The person registering the snowmobile is not a resident 
of this State. 
Nonresidents are exempt from sales or use 
tax on snowmobiles under Title 36. section 1760. subsection 
25-B: 
B. 
The registration is a renewal registration by the same 
owner: 
C. 
The applicant possesses a dealer's certificate showing 
that the sales tax was collected by the dealer. 
The State 
Tax 
Assessor 
shall 
prescribe 
the 
form 
of 
a 
dealer's 
certificate: or 
D. 
The snowmobile is otherwise exempt from sales or use tax 
under Title 36. section 1760. 
§13004. eo11ection py State Tax Assessor 
This section and sections 13002. 13003 and 13005 must be 
construed as cumulative of other methods prescribed in Title 36 
for the collection of the sales or use tax. 
These sections may 
not 
be 
construed 
as 
precluding 
the 
State 
Tax 
Assessor's 
collecting the tax due in respect to any watercraft. 
ATV or 
snowmobile 
in 
accordance 
with 
such 
other 
methods 
as 
are 
prescribed in Title 36 for the collection of the sales or use tax. 
§13005. 
Certificates to be fOrwarded to State Tax Assessor 
An agent of the commissioner shall promptly forward all 
certificates submitted in accordance with section 13003 to the 
commissioner. 
The 
commissioner 
shall 
transmit 
all 
such 
certificates to the State Tax Assessor. 
§13006. 
Impoundment of sn01!DlObi1es and ATVs 
When 
a 
law enforcement officer issues 
a 
summons 
for 
a 
violation under chapters 937 or 939, the officer may impound the 
ATV or snowmobile operated by the person who receives the summons 
if, in the judgment of the officer. based on actual previous 
offenses by the operator or other considerations. the operator 
will continue to operate the ATV or snowmobile in violation of 
chapters 937 or 939 and that operation may be a hazard to the 
safety of persons or property. 
The operator or owner of a snowmobile or ATV impounded under 
this section may reclaim the snowmobile or 
ATV at any time 
subsequent to 24 hours after the issuance of the summons upon 
payment of the costs of impoundment to the enforcement agency 
impounding the snowmobile or ATV. 
CBAP"lER 935 
WATERCRAFT AIm AIRII)BILES 
§13051. 
Commissioner's authority to regulate watercraft 
It is the Legislature' s intent that any rule adopted under 
this section be in accord with federal regulations that are 
promulgated under the Federal Boat Safety Act of 1971, Public Law 
92-75, 
as 
amended. 
The commissioner, acting jointly with the 
Commissioner of Marine Resources, may adopt and amend rules under 
the procedure provided in the Maine Administrative Procedure Act 
that are not inconsistent with this chapter: 
1. 
Administrative 
procedure. 
To 
further 
establish 
administrative procedure under this chapter: 
2. 
Appointment of watercraft registration agents; fees. 
Authorizing the commissioner to delegate the authority to issue 
watercraft registrations. subject to this subsection. 
A. 
The commissioner may appoint municipal clerks or other 
persons who a municipality may designate as municipal agents 
to issue watercraft registrations. 
The 
COmmissioner may 
appoint 
other 
agents 
as 
necessary 
to 
issue watercraft 
registrations. 
The commissioner shall determine the period 
when the agents are authorized to act. 
a. 
Agents may charge a service fee of $1 for each renewal 
registration issued and $2 for each registration covered by 
sections 13002 to 13005. 
This service fee is retained by 
the agent. 
The commissioner shall charge a $1 service fee 
for each registration issued by department employees. 
c. An agent is delinquent if that agent fails to forward to 
the commissioner funds collected by that agent by the date 
established in rules adopted under this subsection. 
Failure 
to remit the funds as provided in this subsection results in 
the following sanctions. in addition to any other provided 
by law. 
(1) 
The 
commissioner shall charge interest on the 
amount owed at the rate of 18~ a year for each day the 
agent is delinquent. 
( 2 ) 
I f the agent has not paid the amount owed by the 
60th 
day 
after 
the 
agent 
becomes 
delinquent. 
the 
commissioner shall assess a 
surcharge of 
5~ of the 
principal amount owed. 
(3) 
If an agent is delinquent for more than 150 days 
or is delinquent 3 or more times in one year. the 
commissioner shall: 
(a) 
Terminate the agency for the balance of the 
year: and 
(b) 
Order that the agency not be renewed for the 
next year: 
3. 
Safe use and operation of watercraft. Governing the use 
and operation of watercraft upon the waters of the State to 
insure safety of persons and property: 
4. 
Safety equianent. 
Further governing safety equipment 
for watercraft. including the type. quality and quantity of that 
equipment: 
5. 
Horsepower. 
Governing the horsepower of motors used to 
propel watercraft on all internal waters of this State. 
In 
adopting 
these 
rules. 
the 
commissioner 
shall 
take 
into 
consideration the area of the internal waters. the use to which 
the internal waters are put. the depth of the water and the 
amount of water-borne traffic ypon the waters 
and determine 
whether or not the rule is necessary to ensure the safety of 
persons and property. The adoption of rules under this subsection 
is governed by the Maine Administrative Procedure Act. except 
that such rules may be only adopted as a result of a petition 
from the municipal officers of the municipality or municipalities 
in 
which 
the 
waters 
exist' or 
from 
citizens 
of 
the 
municipalities in which the waters exist. by county commissioners 
of the county in which the waters exist if they are located in 
unorganized territory or 25 citizens of the unorganized territory 
in which the waters exist. requesting the issuance of such a rule 
for a particular body of internal water and stating the proposed 
horsepower limitation; 
6. 
Restrictions for airmobiles. 
Restricting the operation 
of airmobiles in fish or wildlife preserves. conservation areas 
or 
other 
areas 
where 
the 
operation 
may 
harm 
the 
natural 
environment; and 
7. 
Areas off limits to watercraft. 
To define areas off 
limits 
to all watercraft 
during 
time 
periods critical 
for 
wildlife protection. 
Rules adopted pursuant to this section must be written in a 
clear and easy-to-understand format for educational purposes. 
These 
rules must 
be 
attached to 
and distributed with each 
watercraft registration form together with a summary of the rules 
and 
information 
on 
how 
to 
prevent water 
contamination 
and 
minimize wildlife disturbance. 
§13052. Commissioner's povers and duties regarding watercraft 
1. 
Register watercraft. 
The 
commissioner shall annually 
register watercraft and issue certificates. licenses and permits 
as provided in chapter 935. 
2. 
Promote safety. The commissioner shall promote safety 
for persons and property in connection with the use and operation 
of watercraft. 
3. 
Federal grants. The commissioner may participate in such 
federal grants in aid as may be forthcoming to the State from the 
federal Boat Safety Act of 1971. Public Law 92-75. as amended. 
4. 
COast 
Guard report. 
The 
commissioner shall make 
an 
annual report to the Coast Guard as required under federal law of 
the certificates of number issued by the commissioner. 
5. 
Registration list distribution. 
The commissioner shall 
distribute a list of registrations issued as follows. 
A. 
When 
the 
legal 
residence 
of 
an 
applicant 
is 
a 
municipality within the State, the commissioner shall mail 
annually a list of registrations to the tax collector of 
that municipality. 
B. 
When the legal residence of the applicant is outside of 
the State and the boat is situated within a municipality in 
the State, the commissioner shall mail annually a list of 
registrations to the tax collector of that municipality. 
C. 
In all other cases, the commissioner shall send a list 
of 
registrations 
annually 
to 
the 
Department 
of 
Administrative and Financial Services, 
Bureau of Revenue 
Services. 
6. 
Information 
to 
federal 
officials or 
agencies. 
The 
commissioner shall transmit any information compiled or otherwise 
available 
to 
the 
commissioner 
pursuant 
to 
section 
13069, 
subsections 1 and 2 to an authorized official or agency of the 
United States, in accordance with any request duly made by that 
official or agency. 
§I3053. Commissioner's authorit% to regulate airmobiles 
1. 
Rules. 
The commissioner shall adopt rules restricting 
the operation of airmobiles in areas where their use may be 
harmful. 
These rules must be adopted in accordance with Title 5, 
chapter 375 after public hearings in the areas affected. 
2. 
MiniDnma 
conditions. 
Rules 
adopted 
pursuant 
to 
subsection 1 must, at a minimum, establish conditions for the use 
of airmobi1es in fish and wildlife preserves, conservation areas, 
coastal and inland wetlands and great ponds. 
3. 
Prohjbitions. The commissioner shall prohibit airmobile 
use wherever it adversely affects fish and wildlife habitat, 
interferes with the operation of other watercraft, 
threatens 
public safety or adversely affects the natural environment. 
§I3054. 
Rule yiolations: watercraft 
Notwithstanding section 10602, a person who violates a rule 
regarding watercraft 
commits 
a 
civil violation for 
which 
a 
forfeiture of not less than $100 nor more than $500 may be 
adjudged. 
§13055. 
Violation of license. permit or certificate 
restriction 
1. 
Prohibition. 
A person may not violate a restriction of 
a license, permit or certificate issued under this chapter. 
2. 
Vio1ation. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§130S6. 
Certificate of n1mmer 
1. 
Prohibition. 
A person may not; 
A. 
Except as provided in subparagraph (1), operate or give 
permission to operate a motorboat reguiring a certificate of 
number without a current certificate of number or a current 
temporary certificate of number. 
Only the certificate of 
number or temporary certificate of number as issued by the 
commissioner 
is 
valid. 
A 
facsimile 
or 
copy 
of 
the 
certificate is not valid. 
(1) 
The certificate of number for a watercraft less 
than 26 feet in length and leased or rented to another 
for the latter's noncommercial use may be retained on 
shore by the owner of the watercraft or the owner's 
representative 
at 
the 
place 
where 
the 
watercraft 
departs or returns to the possession of the owner or 
the owner's representative, provided that the person 
leasing or renting the watercraft has a copy of the 
lease or rental agreement that shows the watercraft 
number thereon and the period of time for which the 
watercraft is leased or rented and that is signed by 
the owner or the owner's representative; 
B. 
Operate or give permission to operate 
a 
motorboat 
without the identification number and validation stickers. 
assigned by the commissioner and authorized by this chapter, 
displayed 
on 
each side of 
the 
bow 
in accordance with 
subsection 
12, 
paragraphs 
A 
and 
B 
or 
section 
13059, 
subsection 4: or 
C. 
Rent or lease any motorboat not covered by a current 
certificate of number as reguired by section 13064. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
2. 
Motorboats 
regyiring. 
Except 
as 
provided 
in this 
subsection. the owner of a motorboat, including an airmobile. 
used on the waters of the State as the state of principal use 
shall obtain a certificate of number for the motorboat from the 
commissioner. 
No certificate of number may be issued unless the 
owner submits proof that the watercraft excise tax, 
assessed 
under Title 36, chapter 112, has been paid or that the boat is 
exempt from the watercraft excise tax. 
The following motorboats 
are exempt from this subsection: 
A. 
A watercraft that has or is required to have a valid 
marine document as a watercraft of the United States; 
B. 
A motorboat already covered by a current certificate of 
number issued under a federally approved numbering system of 
another state or a federal law, as long as the number so 
issued is displayed on the motorboat and as long as the 
motorboat has not been within this State for a period in 
excess of 60 consecutive days after the state of principal 
use has been changed; 
C. 
Military or public watercraft, except recreational type 
watercraft of the United States; 
D. 
A motorboat whose owner is the United States, a state or 
subdivision thereof that is used for governmental purposes 
and is clearly identifiable as such; 
E. 
A ship's lifeboat; 
F. 
A motorboat from a country other than the United States, 
as long as the motorboat has not been within this State for 
a period in excess of 60 consecutive days; and 
G. 
A. motorboat used exclusively for racing purposes that 
displays on its hull in a 
prominent manner a valid boat 
number issued by a recognized racing association. 
3. 
Other watercraft mAY be D1nnhered. 
Nothing in this 
section prohibits 
the 
numbering 
of 
any watercraft 
upon 
the 
request of the owner. 
The owner shall comply with all applicable 
requirements of this chapter if the owner chooses to number a 
watercraft. 
4. 
ApplicatioD. 
The owner of a motorboat requiring or of a 
watercraft for which the owner wishes to request a certificate of 
number 
shall 
make 
application to 
the 
commissioner 
on 
forms 
approved by the commissioner. 
The application must 
show the 
legal 
residence 
of 
the 
applicant 
and 
the 
place 
where 
the 
watercraft is situated. 
5. 
Issuance. 
Upon receipt of the approved application with 
the proper fee, the commissioner shall enter the application upon 
the 
office 
records 
and 
issue 
the 
applicant 
a 
pocket-sized 
certificate of number stating: 
A. 
The number assigned to the motorboat: 
B. 
Its description: 
C. 
The name and address of the owner: and 
D. 
Such 
other 
information 
as 
the 
cOmmissioner 
deems 
appropriate. 
The holder of any certificate of number issued under this chapter 
may obtain a duplicate validation sticker from the commissioner 
upon APplication and payment of the fee set forth in subsection 8. 
6. 
Certificate of number: term. 
A certificate of number is 
issued to the owner of a watercraft or a dealer for a specific 
calendar year and is valid through December 31st of the year for 
which it was issued. 
7. 
Numbers permanent. 
A number once awarded under this 
chapter to a motorboat remains with that boat until the boat is 
destroyed, 
abandoned, 
permanently 
removed 
or 
no 
longer 
principally used in this State, except that numbers that have 
been inactive for at least 7 
years 
may be 
reissued by the 
division. 
8. 
Fees. 
The fees for each original or renewal certificate 
of 
number 
with 
validation stickers are set out in this 
subsection. 
A. 
For a watercraft requiring or whose owner requests a 
certificate of number and that is eguipped with a 
motor 
haying a manufacturer's horsepower rating of: 
(1) 
Ten horsepower or less, the fee is $6: 
(2) 
Greater than 10, but not more than 50 horsepower, 
the fee is $10: and 
(3) 
Greater than 50 horsepower, the fee is $15. 
B. 
For 
a 
personal watercraft requiring or whose 
owner 
reguests a certificate of number, the fee is $20. 
C. 
For a duplicate certificate of number, the fee is $1. 
D. 
For a duplicate validation sticker (per set), the fee is 
tL. 
E. 
For a certificate of number issued with transfer of 
ownership authorized in subsection 10. the fee is $2. 
F. 
For a registration issued for an expanded registration 
period authorized in subsection II. paragraph A; 
(1) 
Ten horsepower or less. the fee is $7.50: 
(2) 
Greater than 10. but not more than 50 horsepower. 
the fee is $12.50: 
(3) 
Greater than 50 horsepower. the fee is $18.75: and 
(4) 
Personal watercraft. the fee is $25.00. 
Validation stickers are nontransferable. 
9. 
Renewal. 
The owner may renew the owner's certificate of 
number at expiration by stating the old number in the owner's 
application and paying the fee prescribed in subsection 8. 
The 
fee is the Same fee the owner would pay for the original issuance. 
10. 
TraDsfer of ownership. 
Whoever transfers ownership of 
a motorboat for which a certificate of number has a1read,y been 
issued, und,er this chapter and, applies for a certificate of number 
for another motorboat is entitled, to a new certificate of number 
upon payment of a transfer fee of $2 as set forth in subsection 
8. 
paragraph 
E. 
provided 
the 
applicant 
returns 
to 
the 
commissioner the old certificate of number properly signed, and 
executed,. 
showing that ownership of 
the motorboat 
has 
been 
transferred,. 
11. 
Rew ownership. 
If there is a change Of ownership of a 
motorboat for which a certificate Of number has previously been 
issued, under this chapter. the new owner shall apply for a new 
certificate of number and, set forth the original boat number in 
the application. 
The new owner shall pay the regular fee for the 
particular motorboat involved, and, is not entitled, to the special 
transfer fee set forth in subsection 10. 
A. 
After September 30th, 
a person may pay 125'\ of the 
original watercraft registration fee as listed, in subsection 
8. 
paragraph F 
and receive 
a 
registration covering the 
remaind,er of the calend,ar year plus one additional year. 
12. 
Restrictions. 
The 
following 
provisions 
must 
be 
observed,. 
A. 
The 
operator shall have 
the certificate of 
number 
available for inspection on the motorboat for which it was 
issued whenever the motorboat is in operation. 
S. 
The 
identification 
number 
and 
validation 
stickers 
assigned by the commissioner and authorized by this chapter 
must be displayed on each side of the bow of the boat in the 
following manner: 
(1) 
The 
identification numbers must 
be painted or 
permanently attached to the bow and be of a color that 
is in contrast to the color of the background so as to 
provide the highest degree of visibility. i.e.. dark 
numbers on a light background or vice versa. and be 
plainly visible; 
(2) 
The identification number must be displayed in 3 
parts. The prefix. which is the initial letters ME. 
designating the State of Maine. must be separated by a 
hyphen or space egual to the width of a letter. other 
than the letter "I." from the numerals that follow it. 
The suffix. which consists of the ending letter or 
letters 
which 
appear 
after 
the 
numerals. 
must 
be 
likewise separated from the numerals; 
(3) 
The identification number must be displayed to 
read from left to right. of good proportion. 
with 
vertical block character capital letters and Arabic 
numerals. all of which must be not less than 3 inches 
in height and maintained in a legible condition at all 
times; 
(4) 
No number other than the assigned boat number may 
be displayed on the bow of such a motorboat: and 
(5) 
The validation sticker. as issued by the division. 
must be displayed approximately 
inches behind the 
last letter of the identification number and on a level 
with the number on both sides of the bow yiz.: ME-123-A. 
C. 
The 
owner of 
a 
certificate of number terminated or 
invalidated under subsection 13 shall return it within 10 
days of the termination or invalidation. 
D. 
The 
owner 
of 
a 
watercraft that has 
been issued 
a 
certificate of 
number 
shall notify the 
commissioner 
in 
writing within 10 days of: 
(1) 
The transfer of all or any part of the owner's 
interest, 
other 
than 
the 
creation 
of 
a 
security 
interest, in the watercraft covered by the certificate: 
(2) 
The permanent removal of the watercraft from the 
State; 
(3) 
The destruction or abandonment of the watercraft: 
(4) 
The theft or recovery of the watercraft; or 
(5) 
Any change in the owner's address. 
E. 
Upon sale or transfer of ownership of a 
registered 
watercraft, the owner or dealer shall remove and destroy any 
validation stickers on the craft. 
F. 
The person whose 
name appears on the certificate of 
number as the owner of a watercraft shall remove the number 
and validation stickers from the craft when: 
(1) 
The watercraft is documented: 
(2) 
The watercraft is no longer used principally in 
the State; 
(3) 
The 
application 
for 
a 
certificate of 
number 
contains false or fraudulent statements or information; 
Q.r. 
(4) 
The fees for issuance of a certificate of number 
are not paid. 
13. 
'Termination of certificate of D l mther. 
Under any of the 
following conditions, the certificate of number issued by the 
commissioner is terminated or invalidated: 
A. 
Transfer of the watercraft: 
B. 
Documentation of the watercraft; 
C. 
Change in state of principal use of the watercraft: 
D. 
Permanent removal of the watercraft from the State; 
E. 
Abandonment or destruction of the watercraft; 
F. 
False or fraudulent information on the application for 
the certificate of number; 
G. 
Failure to pay the required fee for the certificate of 
number: or 
H. 
Involuntary loss of interest in the watercraft due to 
legal process. 
The transfer of a partial interest that does not affect the 
original 
owner's 
right 
to 
operate 
the 
watercraft 
does 
not 
terminate or invalidate the certificate of number. 
S130S? Bistoa of ownership 
1. 
Regyest. The commissioner or the commissioner's designee 
shall provide on request a written record of the history of past 
ownership of any watercraft that requires a certificate of number 
under this chapter. 
The request must be made on forms provided 
by the commissioner. 
2. 
Fee. 
The 
fee 
for providing the record pursuant to 
subsection 1 is $25 and must be submitted with the request form. 
S130S8. Lake and river protection sticker required 
1. 
Prohihition. 
A person may not operate a motorboat or 
personal watercraft on the inland waters of the State unless a 
lake and river protection sticker issued under subsection 3 is 
affixed to both sides of the bow above the water line and 
approximately 3 inches behind the validation sticker required 
under section 13056. 
2. 
Violation. 
A person who places a motorboat or personal 
watercraft ypon the inland waters of the State without displaying 
a lake and river protection sticker as required by subsection 1 
commits a civil violation for which a forfeiture of not less than 
$100 and not more than $250 per violation may be adjudged. except 
that a citation for a violation of this subsection may not be 
issued to a person who is also issued a citation at the same time 
for a violation of any other provision of this chapter regulating 
watercraft. other than section 13073. 
A forfeiture imposed under 
this subsection may not be waived by the court. 
3. 
Lake and river protection sticker. 
By January 1st of 
each year. the commissioner shall provide each agent authorized 
to 
register watercraft or 
issue 
licenses with 
a 
sufficient 
quantity of lake and river protection stickers for that boating 
season. 
The sticker must be in 2 parts so that one part of the 
sticker can be affixed to each side of the bow of a motorboat or 
personal watercraft. 
The 
fee 
for 
a 
sticker is 
$20 
for 
a 
motorboat or personal watercraft not registered in the State and 
$10 for a motorboat or personal watercraft registered in the 
State. 
Each agent shall retain $1 for each sticker sold by that 
agent for which a fee is reguired. 
A motorboat or a personal 
watercraft owned by the Federal Government, a state government or 
a 
municipality is exempt 
from 
the 
fee 
established in this 
subsection. 
The Legislature shall appropriate to the department in each 
fiscal year an amount egual to the administrative costs incurred 
by the department in collecting revenue under this section. 
§130S9. 
Dealer's certificate of n]npbpr 
1. 
App1ication. Notwithstanding section 13056, subsection 
2, a manufacturer or dealer of new or used motorboats who has a 
permanent place of business in this State for the manufacture or 
sale of motorboats may, instead of obtaining a certificate of 
number for each motorboat owned by the manufacturer or dealer « 
make application on forms provided by the commissioner for a 
dealer's certificate of number. 
2. 
Isspance. 
If 
the 
manufacturer 
or 
dealer 
making 
application under subsection 1 satisfies the commissioner that 
the applicant is gualified for a dealer's certificate of number, 
the commissioner shall issue the applicant a dealer's certificate 
of number containing the place of business of the applicant and a 
general distinguishing number in such form as determined by the 
commissioner. 
3. 
Fee. 
The fee for a dealer's certificate of number is 
$15 annually from each January 1st. 
4. 
Restrictions. The dealer or manufacturer who receives a 
dealer's certificate of number pursuant to this section shall 
display the number 
and validation stickers issued under the 
dealer's certificate of number on a motorboat being demonstrated 
or tested and may transfer that number from one motorboat owned 
by that dealer or manufacturer to another motorboat owned by that 
dealer or manufacturer by temporarily attaching removable plates 
on which a dealer's number and validation stickers may be painted 
or attached to the bow of any boat covered by the dealer's 
certificate of number. 
§13060. 
Tventy-da,y boat D1JIIlbpr cmd registration 
1. 
Issuance. The commissioner may issue temporary 20-day 
boat numbers and registrations, referred to in this section as 
"20-day plates," to bona fide dealers who reguest them under such 
conditions as the commissioner considers necessary. 
z. 
Fee. The dealer shall pay to the commissioner $1 for 
each 20-day plate. 
3. 
Use of 20-day plates. 
Upon the sale or exchange by a 
dealer of any motorboat that requires a certificate of number, 
the new owner may secure from the dealer a temporary 20-day plate 
to operate the craft for 20 consecutive d~s after the date of 
sale in lieu of a permanent certificate of number as required in 
section 
13056, 
as 
long 
as 
the 
new 
owner 
applies 
to 
the 
commissioner on the date of sale for a certificate of number. 
A. 
The application and fee for a certificate of number, 
together with a copy of the temporary registration issued by 
the 
dealer, 
must 
be 
forwarded 
by 
the 
dealer 
to 
the 
commissioner within 48 hours after the date of sale of the 
motorboat. 
B. 
The dealer shall affix the temporary 20-day boat number 
to the bow of the motorboat and shall clearly mark thereon 
the date issued. date of expiration and the dealer's Maine 
dealer's number. 
4. 
Restrictions. 
The following restrictions govern the use 
of 20-day plates. 
A. 
The temporary 20-d~ boat number is nontransferable and 
must be conspicuously displayed on the bow of the motorboat. 
notwithstanding any other requirements of display of boat 
number. 
B. 
The operator of a motorboat must have the temporary 
registration aboard at all times while the motorboat is in 
operation. 
c. 
After expiration of the 20-day period. the owner shall 
remove and discard the temporary 20-day boat number and 
display the permanent boat number and validation stickers 
assigned by the commissioner in accordance with section 
13056. subsection 12. paragraph B. 
§13061. 
Permit to hold regatta. race. boat exbihition or 
water-ski exhibition 
1. 
Permit regpired. 
A person may not hold a regatta. race. 
boat exhibition or water-ski exhibition without a permit from the 
commissioner issued under subsection 2. 
A person who violates 
this subsection commits a civil violation for which a forfeiture 
of not less than $100 nor more than $500 may be adjudged. 
2. 
Issuance. The 
commissioner may issue a 
permit to a 
person permitting the person to hold 
a 
regatta. 
race. 
boat 
exhibition or water-ski exhibition on any of the internal waters 
of this State. 
3. 
Application. The person in charge of a regatta. race. 
boat exhibition or water-ski exhibition shall reguest the permit 
reguired under subsection 1 from the commissioner at least 15 
days prior to the event. 
The reguest must be in writing and must 
set forth the date. time and location of the event. 
The person 
in charge of a proposed motorboat race shall send a letter of 
intent 60 days prior to the event to municipal officers of the 
municipality or municipalities in which the race will occur. 
A 
copy 
of 
the 
letter 
of 
intent 
must 
be 
forwarded 
to 
the 
commissioner with the reguest for a permit to hold any motorboat 
race. 
4. 
Restrictions. 
The 
following 
restrictions 
apply 
to 
permits issued under this section. 
A. 
The person obtaining the permit under subsection 2 is 
responsible 
for 
providing 
reasonable 
protection 
as 
prescribed 
by 
the 
commissioner 
from 
water 
traffic 
interference 
and 
hazards 
and 
shall 
take 
reasonable 
precautions to safeguard persons and property. 
B. 
During any event authorized pursuant to subsection 1, 
the officials conducting it shall conspicuously display one 
or more orange warning flags of a size not less than 4 feet 
by 4 feet while the event is in progress. 
The officials 
shall 
remove 
the 
warning 
flag or flags 
for 
reasonable 
periods of time during the event to allow nonparticipating 
watercraft to pass through the area. 
5. 
Unlawfully crossing event area. 
Except in an emergency. 
an operator of a watercraft may not cross the area of a regatta. 
race. boat exhibition authorized under subsection 1 or water-ski 
exhibition when the warning flag reguired under subsection 4. 
paragraph B is displayed. 
A person who violates this subsection 
commits a civil violation for which a forfeiture of not less than 
$100 nor more than $500 may be adjudged. 
§13062. 
Certificate of Dumber for motorboats caruing 
passengers for hire 
1. 
Certificate regyired. 
A person 
may 
not operate 
a 
motorboat carrying passengers for hire without a certificate of 
number as reguired under this section. 
A person who violates 
this subsection commits a civil violation for which a forfeiture 
of not less than $100 nor more $500 may be adjudged. 
2. 
Application. Before a motorboat may carry passengers for 
hire, the owner of the motorboat shall apply for and obtain from 
the commissioner a certificate of number authorizing its use for 
that purpose. This section applies to all motorboats carrying 
passengers for hire as defined in section 13001. subsection 17 « 
except those subject to federal inspection requirements that have 
or are 
required to 
have 
a 
current valid federal 
inspection 
certificate on board. 
3. 
Issuance. 
Before the certificate of number 
required 
under 
subsection 
is 
issued, 
the 
owner 
shall satisfy the 
commissioner that the boat is safe to operate 
and will 
be 
maintained in safe condition. 
4. 
E:z;upjnations. 
The commissioner may cause 
a 
motorboat 
carrying passengers for hire to be eXamined from time to time. 
§13063. 
Qperator's license to car~ passengers for hire 
1. 
Prohibition. 
A person may not operate 
a 
motorboat 
carrying passengers for hire without an operator's license to 
carry passengers for hire as required in this section. 
A person 
who violates this subsection commits a civil violation for which 
a forfeiture of not less than $100 nor more than $500 may be 
adjudged. 
2. 
Application. 
Every operator of a motorboat. other than 
a licensed Maine guide certified in watercraft safety, carrying 
passengers for hire. except those operators who have been issued 
and have or are required to have in their possession a current 
valid federal operator's license, 
shall obtain an operator's 
license to carry passengers for hire from the commissioner as 
provided in this section before operating a motorboat carrying 
passengers for hire. 
A. 
The operator shall make written application for the 
license to carry passengers for hire on forms provided by 
the commissioner. 
B. 
The commissioner shall cause operators applying for a 
license to carry passengers for hire for the first time to 
be eXamined as to their qualifications. 
3. 
ISSuance. The commissioner shall issue the license to 
carry passengers for hire to applicants who have satisfactorily 
passed the examination. 
4. 
Fee. 
The 
fee 
for 
an 
operator's 
license 
to 
carry 
passengers for hire is $1. 
5. 
Renewal. The commissioner may grant a renewal of license 
to carry passengers for hire upon written application and payment 
of the $1 fee without examination. 
6. 
E~iration. Every license to carry passengers for hire 
expires on December 31st of the year for which issued. 
§13064. 
Certificate of number for motorboats rented or 
leased 
Before any motorboat is rented or leased, the owner of the 
motorboat 
shall 
obtain 
a 
certificate 
of 
number 
from 
the 
commissioner under section 13056. 
§13065. Personal watercraft rental agent certificate 
1. 
Prohibition. 
A person may not rent or lease a personal 
watercraft in viOlation of this section. 
This subsection does 
not apply to: 
A. 
A 
campgrounds 
licensed by 
the 
Department of 
Human 
Services that offers the personal watercraft owned by that 
campground exclusively for use by campground clientele: 
B. 
A commercial sporting camp. 
For the purposes of this 
subsection, 
"commercial 
sporting 
camp" 
means 
a 
business 
consisting of primitive lodging facilities that offers the 
public the opportunity to pursue primitive hunting, fishing, 
boating or snowmobiling activities; 
C. 
A person lawfully engaged in guiding activities under 
section 12853 who accompanies others on guided trips that 
include the use of personal watercraft; or 
D. 
A property owner who offers a person renting or leasing 
that property the use of a personal watercraft registered to 
the property owner. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
2. 
Registration and issuaDce. 
Except as provided in this 
section, a person or business may not rent or lease a personal 
watercraft unless that person or business: 
A. 
Registers with the department as a personal watercraft 
rental agent and is issued a personal watercraft rental and 
leasing agent certificate from the commissioner; 
B. 
Obtains a Maine certificate of number for each personal 
watercraft being offered for rent or lease in the name of 
the person or business holding a personal watercraft rental 
and leasing agent certificate: and 
C. 
Provides each person who rents or leases a personal 
watercraft with written instructions on how to operate the 
personal watercraft. 
3. 
Fee. 
The fee for 
a 
personal watercraft rental and 
leasing agent certificate is $25. 
The certificate is valid from 
January 1st to December 31st. 
4. 
Revocation of certificate. 
The commissioner may revoke 
a personal watercraft rental and leasing agent certificate issued 
pursuant to subsection 2 if the commissioner determines that the 
certificate holder: 
A. 
Rented or leased a personal watercraft that was unsafe: 
B. 
Failed to instruct a person intending to rent or lease a 
personal watercraft on personal watercraft safety. 
The 
department 
shall 
provide 
each 
certificate 
holder 
with 
written materials and instructional guidelines on personal 
watercraft safety that the certificate holder shall review 
with each personal watercraft renter or lessor before that 
person operates that personal watercraft. 
§13066. 
Di&playing excise tax decal and maintaining list 
1. 
Failure to di§play excise tax decal. 
The owner of a 
watercraft shall display the excise tax decal. as required by 
Title 
36. 
chapter 
112. 
In all cases 
when 
the 
owner 
of 
a 
watercraft fails to display an excise tax decal as required under 
Title 36. chapter 112. the law enforcement officer discovering 
the failure 
shall notify the 
tax 
collector of 
the 
owner's 
residence or. 
in the 
case 
of nonresidents. 
partnerships 
or 
corporations. 
foreign or domestic. 
the tax collector of the 
municipality where the watercraft is principally moored. docked 
or located or has its established base of operations. 
A. 
A person who fails to display an excise tax decal in 
accordance with this subsection commits a civil violation 
for which a forfeiture of not less than $25 nor more than 
$250 may be adjudged. which must be paid to the municipality 
in which the watercraft is subject to the excise tax. 
2. 
Failure to maintain list or make list available. 
A 
marina or boat yard owner shall maintain the list required by 
Title 
36. 
section 
1504. 
subsection 
9. 
and 
make 
that list 
available as required by that section. 
A. 
A person who fails to maintain a list or make a list 
available in accordance with this subsection commits a civil 
violation for which a forfeiture of not less than $25 nor 
more than $250 may be adjudged. 
§13067. Waste water discharge in inland vaters 
1. 
Prohibition. 
A person may not launch a watercraft into 
or operate a watercraft on inland waters when that watercraft has 
a marine toilet. shower or sink unless: 
A. 
The waste water from the toilet. shower or sink is fed 
directly into a holding tank: and 
s. 
The holding tank for sanitary waste water is not in any 
way connected to any through-hull fittings. 
2. 
Violation. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more $500 may be adjudged. 
§13068. 
Qperating watercraft: prohjbitions 
1. 
LaunChjng CODt-pjnated watercraft. 
A person may not 
place a watercraft that is contaminated with an invasive aquatic 
plant upon the inland waters of the State. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $500 and not more than 
$5.000 per violation may be adjudged. 
A forfeiture imposed under 
this subsection may not be waived by the court. 
2. 
UnlaV£u11y permitting operation by another. 
A person 
may not permit operation of a watercraft in violation of this 
subsection. 
A person violates this subsection: 
A. 
If that person owns a watercraft and negligently permits 
another person to operate that watercraft in violation of 
any section of this chapter: or 
S. 
If that person is the parent or guardian responsible for 
the care of a minor under 18 years of age and the minor 
operates a personal watercraft in violation of any section 
of this chapter. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than S100 nor more than $500 
may be adjudged. 
3. 
Operating motorboat other than personal watercraft while 
under age. 
A person under 12 years of age may not operate a 
motorboat propelled by machinery of more than 10 
horsepower 
unless under the immediate supervision of a person located in the 
motorboat who is at least 16 years of age. 
This subsection does not apply to operating a personal watercraft. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
4. 
Qperating a watercraft without proper safety equipment. 
Except as provided in paragraph B. 
a person may not operate a 
watercraft without 
proper 
safety 
eQuipment 
as 
described 
in 
paragraph A. 
A. 
A person operates a watercraft without proper safety 
eQuipment if the person operates a watercraft and: 
(1) 
Fails 
to 
comply 
with 
the 
Same 
reQuirements 
pertaining 
to 
lights. 
life-saving 
devices. 
fire 
extinguishers and other safety eQuipment as reQuired by 
federal 
laws 
and 
regulations 
on 
federal 
navigable 
waters, as promulgated under the Federal Boat Safety 
Act of 1971. Public Law 92-75. as amended: 
( 2) 
Fails to comply with reQuirements pertaining to 
additional 
eQuipment 
not 
in conflict 
with 
federal 
navigation laws, which the commissioner may prescribe 
if there is a demonstrated need: 
(3) 
Fails to wear a Coast Guard approved Type I. Iype 
II or Type III personal flotation device while canoeing 
or kayaking on the Saco River between Hiram Darn and the 
Atlantic Ocean between January 1st and June 1st: or 
(4) 
Fails to wear a Coast Guard approved Type I. Type 
II. Type III or Iype V personal flotation device while 
operating a watercraft on: 
(a) 
The Penobscot River. between the gorge and 
the head of Big Eddy: or 
(b) 
The Kennebec River. between Harris Station 
and Turtle Island. at the foot of Black Brook 
Rapids. 
B. 
Notwithstanding paragraph A: 
(1) 
Canoes. 
owned by a 
boys or girls summer 
camp 
located upon internal waters in the State and duly 
licensed 
by 
the 
Department 
of 
Human 
Services 
and 
utilized by campers under the direction and supervision 
of a camp counselor at least 18 years of age or older 
during 
training 
and 
instruction periods 
on 
waters 
adjacent to the main camp within a distance of 500 feet 
from the shoreline of that camp. are exempt from this 
subsection; and 
(2) 
Log rafts. carrying not more than 2 persons and 
used on ponds or lakes or internal waters of less than 
acres in area. 
are exempt from carrying personal 
flotation devices. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
5. 
Qperating watercraft to endanger. 
A person may not 
operate any watercraft. water ski. surfboard or similar device so 
as to endanger any person or property. 
6. 
Reckless QperatioD Qf watercraft. 
A person may not 
operate any watercraft. water ski. surfboard or similar device in 
such a way as to recklessly create a substantial risk of serious 
bodily injury to another person. 
A person who violates this 
subsectiQn commits a Class D crime. 
7. 
Qperating watercraft at greater tban reasonable and 
PrudeDt speed. 
A person may not: 
A. 
Operate a watercraft except at a reasonable and prudent 
speed for existing conditions; Qr 
B. 
Fail to regulate the speed of a watercraft so as to 
avoid danger. 
1nJury or unnecessary inconvenience in any 
manner 
to other watercraft and their occupants. 
whether 
anchored or under way; waterfront piers; floats or other 
property or shorelines. either directly or by the effect of 
the wash or wave created by the watercraft through its 
speed. Qr otherwise. 
8. 
IDJPrudent operation of watercraft. 
A person may not, 
while operating a watercraft on the inland or coastal waters of 
the State, engage in prolonged circling, informal racing, wake 
jumping or other types of continued and repeated activities that 
harass another person. 
A. 
This subsection may be enforced by any law enforcement 
officer or a person may bring a private nuisance action for 
a violation of this subsection pursuant to Title 17, section 
£aQb. 
B. 
A person who violates this subsection commits a civil 
violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
9. 
Qperating watercraft to molest wild animals or wild 
birds. 
A person may not operate a watercraft so as to pursue, 
molest. harass. drive or herd any wild animal or wild bird. 
except as may be permitted during the open season on that animal. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
10. 
Qperating a motorboat that exceeds noise lilllits. 
A 
person may not operate a motorboat in such a manner as to exceed: 
A. 
A noise level of 
decibels 
when 
subjected to 
a 
stationary 
sound 
level 
test 
as 
prescribed 
by 
the 
commissioner: or 
B. 
A noise level of 75 decibels when subjected to an 
operational test measured as prescribed by the commissioner. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
11. 
Qperating motorboat without muffler. 
A person may not 
operate a motorboat that is not equipped at all times with an 
effective and suitable muffling device on its engine or engines 
to effectively deaden or muffle the noise of the exhaust. except 
that: 
A. 
Motorboats that are operating in a 
regatta or race 
approved by the commissioner under section 13051 may use 
cutouts 
for 
these 
motorboats 
while 
on 
trial 
runs 
or 
competing in speed events. for a period not to exceed 48 
hours immediately preceding or following such an authorized 
event. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
12. 
Tampering with a motorboat muffler system. 
A person 
may not modify a motorboat muffler system in any way that results 
in an increase in the decibels of sound emitted by that motorboat. 
A person who violates this subsection commits a civil violation 
for which a 
forfeiture not to exceed $100 may be adjudged, 
payable to the Treasurer of State and recoverable in a civil 
action. 
13. 
Headway 
speed only. 
A person 
may 
not 
operate 
a 
watercraft at a speed greater than headway speed while within the 
water safety zone or within a marina or an approved anchorage in 
coastal or inland waters except: 
A. 
While actively fishing; or 
B. 
While picking up or dropping off one or more persons on 
water skis in the water safety zone if a reasonably direct 
course is taken through the water safety zone between the 
point that the skiers are picked up or dropped off and the 
outer boundary of the water safety zone. 
For the purposes of this subsection, "headway speed" means the 
minimum speed necessary to maintain steerage and control of the 
watercraft while the watercraft is moving. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
14. 
Operating motorboat in bathing areas. 
A person may not: 
A. 
DlIerate a motorboat within a bathing area marked or 
buoyed for bathing: or 
B. 
Operate an airmobile on a beach adjacent to a bathing 
area marked or buoyed for bathing. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
15. 
Operating watercraft in a quarantined area. 
A person 
who operates a watercraft in violation of an order issued under 
Title 38, section 1864 commits a civil violation for which a 
forfeiture of not less than $500 . and not more than $5,000 per 
violation may 
be 
adjudged. 
A forfeiture 
imposed 
under this 
subsection may not be waived by the court. 
1.6. 
Qperating a motorboat in prohibited area. 
A person may 
DQ.tJ.. 
A. 
Operate a motorboat on that portion of Portage Lake in 
Townships T. 13, R. 6, W.E.L.S., County of Aroostook, known 
as the Floating Island Area, north and westerly of a line 
beginning at the eastern edge 
of the marshy peninsula 
running out from Hutchinson Ridge, running 50 yards outside 
of the floating islands in a northerly direction to the 
mouth of Mosquito Brook: 
B. 
Operate a 
motorboat on OuimbY 
Pond in the Town of 
Rangeley, Franklin County: 
C. 
Operate a motorboat upon the waters of Jerry Pond, so 
called, situated within the boundaries, or having a shore 
line abutting, the incorporated municipality of Millinocket 
and the unincorporated Townships being T.1, R. 7 and T. A. , 
R. 7, all in Penobscot County: 
D. 
Operate a motorboat on Upper and Lower Ox Brook Lakes in 
the Towns of T. 
NO, 
T. 6 RI and Talmadge in Washington 
County: 
E. 
Operate a motorboat on Little Nesowadnehunk (Sourna,hunk) 
Lake, in T. 5, R. 11, Piscataquis County: 
F. 
Operate a motorboat having more than 10 horsepower on 
Eagle Lake 
and Jordan Pond, 
Mt. 
Desert Island, 
Hancock 
County and Long Pond, T.E. and T. D., Franklin County; 
G. 
Operate a motorboat on a bogy of water commonly known as 
and referred to in the Dunham-Dayee Work Plan as Snow's 
Pond, 
situated 
west 
of 
Route 
in 
the 
Town 
of 
Dover-Foxcroft, Piscataquis County: 
H. 
Operate a motorboat having more than 6 horsepower on 
Long Pond, Town of Denmark, Oxford County: 
1. 
Operate a motorboat on Lily Pond, 
Edgecomb, 
Lincoln 
County; 
J. 
Operate a motorboat powered by an internal combustion 
engine on Nokomis Pond, situated in the Towns of Newport and 
Palmyra, Penobscot County: 
K. 
Operate a motorboat in Merrymeeting Bay at a speed in 
excess of 10 miles per hour. except within the confines of 
the buoyed channels: 
L. 
Qperate a motorboat equipped with an internal combustion 
engine on the following waters on Mount Desert Island in 
Hancock County: Witch Hole Pond: Aunt Betty's Pond: Bubble 
Pond: Round Pond: and Lake Wood: 
M. 
Operate a motorboat equipped with a motor greater than 
horsepower on Upper Hadlock Pond or Lower Hadlock Pond on 
Mount Desert Island in Hancock County: 
N. 
Qperate a personal watercraft in violation of section 
685-C. subsection 10 or any rule adopted by the Maine Land 
Use Regulation Commission to implement that subsection: 
Q. 
Operate a watercraft at greater than headway speed on 
any area of Torsey Lake within 1/2 mile from the boat launch 
on Desert Pond Road in the Town of Mount Vernon: 
P. 
Qperate a watercraft at greater than headway speed on 
any area of Torsey Lake within 1/2 mile from the boat launch 
on Qld Kents Hill Road in the Town of Readfield: 
o. 
Operate a watercraft equipped with a motor greater than 
horsepower on Cold Rain Pond in the Town of Naples or on 
Holt Pond in the Town of Naples and the Town of Bridgton: 
R. 
Operate a watercraft equipped with a motor greater than 
horsepower on Moose Pond in the Town of Qtisfield: 
S. 
Qperate a watercraft at greater than headway speed on 
any area of Pickerel Pond in the Town of Wayne: 
T. 
Operate a motorboat having more than 10 horsepower on 
Middle Branch Pond in the Town of Waterboro in York County: 
.2X: 
U. 
Operate a motorboat having more than 10 horsepower on 
AdamS 
Pond. 
Foster Pond or Qtter 
Pond in the Town of 
Bridgton in Cumberland County. 
A person who violates this subsection commits a ci viI violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§13069. 
Watercraft accident: regpiremeDts 
1. 
Failure to render aid or provide personal identification 
after a watercraft accident. 
The operator of a watercraft that 
is involved in a collision. accident or other casualty may not: 
A. 
Fail to render all necessary aid and assistance to all 
persons 
involved 
in 
the 
collision. 
accident 
or 
other 
casualty. so far as the operator can do so without serious 
danger to the operator's watercraft. crew and passengers. if 
any: or 
B. 
Fail 
to 
give 
the 
person's 
name 
and 
address 
and 
identification of the person's watercraft to any person 
injured and to the owner of any property damaged. 
2. 
Failure to report a watercraft accident. 
A person may 
not fail to report a watercraft accident in accordance with this 
subsection. 
A. 
An operator or owner of a watercraft involved in a 
collision. 
accident 
or 
other 
casualty while 
using 
the 
watercraft that results in the death of a person. a person 
losing 
consciousness 
or 
rece1v1Dg 
medical 
treatment. 
a 
person becoming disabled for more than 24 hours or a person 
disappearing 
from 
a 
watercraft 
under 
circumstances 
indicating death or injury shall file accident reports as 
follows: 
(1) 
A 
written 
report 
on 
forms 
provided 
by 
the 
commissioner 
containing the 
information as 
required 
within 24 hours of the occurrence if a person dies. 
disappears. 
loses 
consciousness. 
receives 
medical 
treatment. or is disabled for more than 24 hours: and 
(2) 
A report of the occurrence. by the quickest means 
of 
communication. 
to 
an 
available 
law 
enforcement 
officer 
nearest 
to 
the 
place 
where 
the 
accident 
occurred. 
B. 
Accidents inVOlving damage only to watercraft or other 
property to the estimated amount of $1.000 or more must be 
reported within 72 hours on forms provided by the department. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§13070. Qperating airmobile 
1. 
No permission given. This chapter may not be construed 
as giving license or permission to cross or go on the property of 
another. 
2. 
Stop 1m" identify requirement. 
Persons operating an 
airmobile 
upon the 
land of another shall stop and identify 
themselves upon the request of the landowner or the landowner's 
duly authorized representative. 
Any person in violation of this 
subsection is accountable to the landowner under applicable law. 
3. 
Restrictions. If restrictions on operation are posted on 
the land of another, 
a 
person operating an airmobile shall 
observe those restrictions. 
4. 
Operating airmobile ypon public way. 
Except as provided 
in this subsection, a person may not operate an airmobile upon a 
public way. 
A. 
Properly registered airmobiles may cross public ways, 
including bridges, overpasses and underpasses. For crossing 
public 
ways, 
sidewalks 
and 
culverts, 
persons 
operating 
airmobiles may travel only the distance necessary, but in no 
case exceeding 300 yards, for the sole purpose of crossing 
as directly as possible. For crossing bridges, overpasses 
and underpasses, 
persons operating airmobiles 
may travel 
only the distance necessary, but in no case exceeding 500 
yards, 
for the sole purpose of crossing as directly as 
possible. 
All 
crossings 
are 
subject 
to 
the 
following 
conditions: 
(1) 
The operator of the airmobile may cross public 
ways only if the crossing can be made safely and does 
not interfere with vehicular traffic approaching from 
either direction: 
( 2) 
The operator of the airmobile shall dismount and 
lead 
the 
machine 
along 
the 
extreme 
right 
of 
the 
traveled way: and 
(3) 
The operator of the airmobile shall yield the 
right-of-way to all vehicular traffic. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
5. 
Failing to stgp airmobile before entering public way. 
A 
person may not fail to bring an airmobile to a complete stop 
before entering a public way. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $lOO nor more than $500 
may be adjudged. 
6. 
Failing to yield 
right-of-way 
while 
gperating an 
airmobile. 
A person may not fail to yield the right-of-way to 
all vehicular traffic while operating an airmobile on a public 
~ 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
7. 
Operating airmobile that exceeds noise limit. 
Air 
mobiles are subject to the following noise level limits. 
A. 
Except as provided in this paragraph. a person may not 
operate an airmobile that exceeds 
decibels of 
sound 
pressure at 50 feet on the "A" scale. as measured by the 
Society of Automotive Engineers standards J-192. 
Airmobiles 
that are operating in a race approved by the commissioner 
under section 13061 may exceed this maximum noise level. 
B. 
A person may not operate an airmobile in such a manner 
as to exceed: 
(1) 
A noise level of 90 decibels when subjected to a 
stationary 
sound 
level 
test 
as 
prescribed 
by 
the 
commissioner: or 
(2) 
A noise level of 75 decibels when subjected to an 
operational 
test 
measured 
as 
prescribed 
by 
the 
commissioner. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
8. 
Qperating airmobile on railroad tracks. 
A person may 
not operate an airmobile along or adjacent and parallel to the 
tracks 
of 
any 
railroad within 
the 
limits 
of 
the 
railroad 
right-of-way without written permission from the railroad. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
9. 
Operating airmobile too close to certain buildings. 
Except as provided in this subsection. a person may not operate 
an airmobile within 200 feet of a dwelling. hospital. nursing 
home. convalescent home or church. 
This subsection does not apply to a person operating an airmobile: 
A. 
On public ways in accordance with subsections 4, 5. 6 
and 7: 
B. 
On the frozen surface of any body of water: and 
C. 
On land that the operator owns or is permitted to use. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $lOa nor more than $500 
may be adjudged. 
§13071. 
Operating personal watercraft 
1. 
Operating personal watercraft while underage. 
A person 
under 16 years of age may not operate a personal watercraft. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
2. 
Additional SafeU requirements while operating personal 
watercraft. 
A person may not: 
A. 
Operate or be 
a 
passenger on 
a 
personal watercraft 
unless the person is wearing Coast Guard approved Type I. 
Type II or Iype III personal flotation devices: or 
B. 
Operate a personal watercraft during the hours between 
sunset and sunrise. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
3. 
OperatiDg rented or leased personal watercraft without 
identification decal. A person may not operate a rented or leased 
personal watercraft on Brandy Pond in the Town of Naples or on 
Long Lake in the Town of Naples, the Town of Bridgton and the 
Town of Harrison that does not have a clearly visible decal 
affixed to the personal watercraft that identifies the rental 
agent. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
4. 
ORerating personal watercraft in probibited area. 
A 
person may not operate a personal watercraft on: 
A. 
Mud 
Pond. 
Oversett 
Pond. 
South 
Pond. 
Round 
Pond, 
Twitchell Pond, Hicks Pond or Furlong Pond in the Town of 
Greenwood in Oxford County; 
B. 
North Pond or Bryant Pond, also known as Christopher 
Lake. in the Town of Greenwood and the Town of Woodstock in 
Oxford County; 
C. 
Concord Pond, Little Concord Pond or Shagg Pond in the 
Town of Woodstock in Oxford County; 
D. 
Hamilton Pond in Bar Harbor in Hancock County; 
E. 
Bog Lake or Horseshoe Lake in the Town of Northfield in 
Washington County; 
F. 
Megunticook Lake in the Town of Camden and the Town of 
Hope in Knox County and the Town of Lincolnville in Waldo 
County; 
G. 
Hobbs Pond, Fish Pond or Alford Lake in the Town of Hope 
in Knox County; 
H. 
Norton Pond or Coleman Pond in the Town of Lincolnville 
in Waldo County; 
I. 
Pitcher Pond in the Town of Lincolnville and the Town of 
Northport in Waldo County; 
J. 
Torsey Lake in the Town of Mount Vernon and the Town of 
Readfield in Kennebec County; 
K. 
Trickey Pond in the Town of Naples in Cumberland County; 
L. 
Brandy Pond in the Town of Naples in Cumberland County 
between sunset and 9:00 a.m.; 
M. 
Fulton Lake in the Town of Northfield in Washington 
County; 
N. 
Knight Pond in the Town of Northport in Waldo County; 
O. 
Moose Pond or Saturday Pond in the Town of Otisfield in 
Oxford County; 
P. 
Tripp Pond. Upper Range Pond or Middle Range Pond in the 
Town of Poland in Androscoggin County: 
O. 
Keewaydin Lake. Virginia Lake. Trout Pond. Weymouth Pond 
or Whitney Pond in the Town of Stoneham in Oxford County: 
R. 
Lermond Pond in the Town of Union and the Town of Hope 
in Knox County: 
S. 
Pocasset Lake or Pickerel Pond in the Town of Wayne in 
Kennebec County: 
T. 
Androscoggin Lake in the Town of Wayne 
in Kennebec 
County and the Town of Leeds in Androscoggin County: 
U. Little Cobbosseecontee Lake in the Town of Winthrop in 
Kennebec County: 
V. 
Somes Pond in the Town of Mount Desert: 
W. 
Long Pond in the Town of Mount Desert and the Town of 
Southwest Harbor: 
X. 
Little Long Pond in the Town of Mount Desert: 
Y. 
Meetinghouse Pond. Big Pond. Wat Tuh Lake, Center Pond 
and Silver Lake. also known as Silyer Pond, in the Town of 
Phippsburg in Sagadahoc County: 
Z. 
South Branch Lake in the Plantation of Seboeis and the 
Township of T2 R8 NWP in Penobscot County: 
AA. 
Spring Lake in Spring Lake Township in Somerset County: 
BB. 
Kennebago Lake and Kennebago Riyer in Davis Township 
and Stetsontown Township in Franklin County: 
CC. 
Nicatous Lake in the Townships of T40 MD. T41 MD and T3 
NO in Hancock Coun~; 
DD. 
Crystal Lake in the Town of Washington in Knox County: 
EE. 
Middle Branch Pond in the Town of Waterboro in York 
County: or 
FF. 
Highland Lake or Woods Pond in the Town of Bridgton in 
Cumberland County if the personal watercraft is rented and 
does not display a decal identifying the rental agency that 
owns the personal watercraft. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $lOO nor more than $500 
may be adjudged. 
§13072. 
Harbor masters on inland waters 
1. 
Appointment: compensation. 
The municipal officers of a 
town bordering an inland waterway may appoint a harbor master for 
a term of not less than one year and may establish the harbor 
master's compensation. 
The harbor master is subject to all the 
duties and liabilities of that office as prescribed by state law, 
municipal ordinances and rules promulgated by the municipality. 
The municipal officers may remove the harbor master from office 
for cause, declared in writing, after due notice to the harbor 
master and a hearing, if reguested. 
The municipal officers may prohibit a harbor master from making 
an arrest or carrying a weapon. 
A harbor master who is not 
prohibited from making arrests may arrest and deliver to the law 
enforcement authorities on shore any person committing an assault 
upon the harbor master or another person acting under the harbor 
master's authority. 
2. 
Authoritr and responsibilit~. A harbor master appointed 
under this section shall enforce the watercraft laws of the State 
and the municipality on any water within the jurisdiction of the 
municipality. 
3. 
Jointl~ appointed 
barbor 
masters. 
The 
municipal 
officers of 2 or more municipalities that border on the same 
inland waters may jointly appoint a single harbor master who has 
authority 
over 
the 
jurisdictions 
of 
all 
the 
participating 
municipalities. 
§13073. 
Harbor masters on inland waters: violations 
A person who neglects or refuses to obey any lawful order of 
a harbor master authorized pursuant to section 13072 commits a 
Class E crime. 
CHAP".rER 937 
SRQIK)BILES 
§13101. 
Application 
This chapter applies to the operation of snowmobiles in all 
areas that come within the jurisdiction of the State. 
§13l02. 
License not regyired 
An operator's license is not required for the operation of a 
snowmobile. 
§13l03. 
Rule violations: snowmobiles and snowmobile races 
Notwithstanding section 10602. a person who violates a rule 
regulating snowmobiles or the protection and safety of spectators 
at 
snowmobile 
races 
commits 
a 
civil violation for 
which 
a 
forfeiture of not less than $100 nor more than $500 may be 
adjudged. 
§13l04. 
Registration 
1. 
Qeerating unregistered snowmobile. 
Except as provided 
in this subsection and section 13112. a person may not operate a 
snowmobile that is not registered in accordance with this section. 
A. 
No registration is required for a 
snowmobile operated 
over the snow on land on which the owner lives or on lands 
on which the owner is domiciled. provided the snowmobile is 
not operated elsewhere within the jurisdiction of this State. 
B. 
No registration is required for a snowmobile operated by 
a commercial ski area for the purpose of packing snow or for 
rescue operation thereon, unless the snowmobile is required 
to cross a public w~ during that operation. 
C. 
Snowmobiles owned and operated in this State by the 
Federal Government, the State or political subdivision of 
the State are exempt from registration fees. but must be 
registered and required to display numbers. 
D. 
Registration is not required to field test repairs to a 
snowmobile if valid snowmobile repair shop number plates 
issued under section 13110 are affixed to the snowmobile 
during the field test and the snowmobile is not owned by the 
snowmobile repair shop or any repair shop employee. 
E. 
Registration is not required to field test repairs to a 
snowmobile when the snowmobile is tested on the premises of 
a snowmobile repair shop when the snowmobile repair shop is 
open and the snowmobile is not owned by the snowmobile 
repair shop or any repair shop employee. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
2. 
Application and issuance. 
The 
commissioner 
or the 
commissioner's designee may register and assign a registration 
number to all snowmobiles upon application and payment of a 
registration fee by the owner. 
The commissioner shall charge a 
fee of $1 for each registration issued by department employees. 
3. 
Form of registration. 
The snowmobile registration must 
be in such form as the commissioner may determine. 
4. 
Fee. 
Except as provided in subsection 5. the annual 
snowmobile registration fee is as follows: 
A. 
For residents, $30. 
The registration for a snowmobile 
owned by a resident is valid for one year. commencing on 
July 1st of each year. 
(1) 
Whoever obtains an original resident snowmobile 
registration after 
March 
31st 
may 
pay 
$37.50 
and 
recei ve a registration covering the remainder of the 
registration period plus one additional year; and 
B. 
For nonresidents: 
(1) 
Forty 
dollars 
for 
a 
3-consecutive-day 
registration. 
A person may purchase more than one 
3-day registration in any season; 
(2) 
Fifty-five 
dollars 
for 
a 
10-consecutive-day 
registration. 
A person may purchase more 
than one 
10-day registration in any season; and 
(3) 
Sixty-five dollars for a seasonal registration. 
The registration for a 
snowmobile owned by a nonresident 
must specify the dates for which the registration is valid. 
Five dollars from each registration fee collected pUrsuant to 
this 
subsection 
must 
be 
transferred 
to 
a 
special 
fund 
administered by the Off-Road Vehicle Diyision of the Bureau of 
Parks and Lands within the Department of Conservation. 
The funds 
must 
be 
used 
to assist 
any entity that 
has 
a 
snowmobile 
trail grooming contract with the bureau in the purchase of 
trail-grooming equipment. 
5. 
Antique snollDlObile registration fee. 
A resident who 
owns a snowmobile that is more than 25 years old and that is 
substantially maintained in original or restored condition may 
register that snowmobile under this subsection as an antique 
snowmobile. 
An antique snowmobile registration authorizes that 
snowmobile to be operated only for the purpose of travelin~ 
returning from and participating in an exhibition. parade or 
other event of interest to the public or for occasional personal 
use. 
The fee for an antique snowmobile registration is $30. 
An 
antique snowmobile registration is valid until the ownership of 
that antique snowmobile is transferred to another person. 
Upon 
the transfer of ownership. the new owner may reregister that 
snowmobile as an antique snowmobile by paying the $30 antique 
snowmobile registration fee. 
The registration fee for an antique 
snowmobile is allocated according to section 10206. subsection 2. 
paragraph A. 
6. 
Members of armed forces permanently stationed in Maine. 
The following persons are eligible to register any snowmobile 
owned by them at the resident fee: 
A. 
Any person serving in the Armed Forces of the United 
States who is permanently stationed at a military or naval 
post. station or base in the State: and 
B. 
The 
spouse and children of the person described in 
paragraph 
A, 
provided 
that 
the 
spouse 
and 
children 
permanently reside with that person. 
A member of the armed forces described in paragraph A who desires 
to register a snowmobile shall present certification from the 
commander of the post. station or base. or from the commander' s 
designated agent. that the member is permanently stationed at 
that post. station or base. Registration fees for registrations 
pursuant to this subsection must be allocated as if the person 
registering the snowmobile was a resident of the municipality in 
which the post. station or base is situated. 
7. 
Snowmobiles of nonresidents. 
Except as specifically 
provided 
in this 
subsection. 
and 
notwithstanding 
any 
other 
provision of law. a snowmobile belonging to a nonresident may be 
possessed or operated by any person in this State as long as the 
snowmobile is properly registered in this State in the name of a 
nonresident owner of the snowmobile. 
A snowmobile owned by a nonresident may not be issued a resident 
registration. 
Nothing 
in 
this 
subsection 
authorizes 
the 
operation of 
any 
snowmobile in any manner contrary to this 
chapter. 
This subsection does not apply to 
snowmobiles 
and 
grooming equipment registered to a 
federal or state entity. 
snowmobile 
clubs. 
municipalities 
or 
counties 
from 
bordering 
states or provinces and engaged in trail grooming. 
Snowmobiles 
registered in either New Hampshire or Canada may be operated on 
any lake or pond that is both partly in the State and New 
Hampshire or Canada without being registered in the State. 
8. 
Duplicate registration certificate. 
The holder of any 
resident or nonresident seasonal registration certificate issued 
under this section may obtain a duplicate from the commissioner 
upon application and payment of a fee of $1. 
9. 
B1JJnhers permanent. 
All numbers once awarded under this 
section 
to 
a 
resident-owned 
snowmobile 
remain 
with 
that 
snowmobile 
until 
the 
snowmobile 
is 
destroyed. 
abandoned 
or 
permanently removed from this State. except that numbers that 
have been inactive for at least 7 years may be reissued by the 
division. 
10. 
Tranefer of ownership, diecontinpance of use. 
The 
following 
prov~s~ons 
govern 
transfer 
of 
ownership 
and 
discontinued use. 
A. 
A person who transfers the ownership or permanently 
discontinues the use of 
a 
snowmobile 
having 
a 
resident 
registration or 
a 
nonresident 
seasonal 
registration and 
applies for registration of another snowmobile in the same 
registration year is entitled to a registration upon payment 
of a transfer fee of $2 and is not required to pay the 
regular registration fee. 
B. 
Whenever 
ownership is transferred or the use of 
a 
snowmobile for which a registration has already been issued 
is discontinued. 
the old registration must 
be 
properly 
signed and executed by the owner showing that the ownership 
of 
the 
snowmobile 
has 
been 
transferred 
or· 
its 
use 
discontinued and returned to the commissioner within 10 days 
of the transfer or discontinuance of use. 
C. 
If there is a change of ownership of a snowmobile for 
which a registration has previously been issued. the new 
owner shall apply for a new registration. shall set forth 
the original number in the application and shall pay the 
regular fee for the particular snowmobile involved. 
11. 
ORen 
sn01lJDObi1e 
weekend. 
The 
commissioner 
may 
designate one weekend a year as an open snowmobile weekend when 
snowmobiles registered outside the State may be used in the State 
without being registered in the State. 
All other provisions of 
this 
chapter 
relating 
to 
snowmobiles 
apply 
during 
an 
open 
snowmobile weekend. 
12. 
Restrictions. 
The 
following 
provisions 
must 
be 
observed. 
A. 
A registration certificate is subject to inspection by 
any law enforcement officer on demand. 
B. 
A registration number assigned to a snowmobile must be 
displayed in such form and manner as the commissioner may 
determine, except that an antique snowmobile is not required 
to display registration numbers. 
C. 
A 
registrant 
shall 
notify 
the 
commissioner 
if 
a 
snowmobile is destroyed, 
abandoned or permanently removed 
from this State. 
• 
Fraudulent acquisition of sn01lDlObi1e registration. 
A 
person may not obtain a 
snowmobile registration through fraud, 
misstatement or misrepresentation. 
§13105. 
Snowmobile registration agents 
1. 
APROintment of sn01llllObile registration agents; report; 
fees. 
Appointment 
of 
snowmobile 
registration 
agents 
and 
applicable fees are governed by the following. 
A. 
The commissioner may appoint municipal clerks or other 
persons who a municipality may designate as municipal agents 
to issue snowmobile registrations. 
The 
commissioner may 
designate other agents as necessary to issue 
snowmobile 
registrations. 
The commissioner shall determine the period 
when the agents shall act. 
B. 
Agents may charge a service fee of not more than $1 for 
each snowmobile renewal registration issued and $2 for each 
registration covered 
by 
sections 
13002 
to 
13005. 
This 
service fee is retained by the agent. 
C. 
An agent is delinquent if that agent fails to forward to 
the commissioner funds collected by that agent by the date 
established in rules adopted under this subsection. 
Failure 
to remit the funds as provided in this subsection results in 
the following sanctions. in addition to any other provided 
by law. 
(1) 
The 
commissioner shall charge interest on the 
amount owed at the rate of 18~ a year for each day the 
agent is delinquent. 
( 2 ) 
I f the agent has not paid the amount owed by the 
60th 
dgy 
after 
the 
agent 
becomes 
delinquent. 
the 
commissioner shall assess a 
surcharge of 
5~ of the 
principal amount owed. 
(3) 
If an agent is delinquent for more than 150 days 
or is delinquent 3 or more times in one year, the 
cOmmissioner shall: 
(a) 
Terminate the agency for the balance of the 
year: and 
(b) 
Order that the agency not be renewed for the 
next year. 
2. 
Unlawful isspance of snowmobile registration. 
An agent 
may not issue a resident snowmobile registration to a nonresident 
or a nonresident snowmobile registration to a resident. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§13l06. 
Qperation of snowmobile 
1. 
No permission given. This chapter may not be construed 
to give license or permission to cross or go on the property of 
another. 
2. 
Stop and identify requirement. 
Persons operating a 
snowmobile upon the land of another shall stop and identify 
themselves upon the reguest of the landowner or the landowner's 
duly authorized representative. Any person in violation of this 
subsection is accountable to the owner under applicable law. 
3. 
Qperating snowmobile upon controlled access highway. 
Except as provided in this Subsection, a person may not operate a 
snowmobile 
upon 
a 
controlled 
access 
highway 
or within 
the 
right-of-way limits of a controlled access highway. 
A. 
A person on a properly registered snowmobile may cross 
controlled access highways by use of bridges over or roads 
under those highways. or by use of roads crossing controlled 
access highways at grade. 
B. 
The Commissioner of Transportation may issue special 
permits 
for 
designated 
crossings 
of 
controlled 
access 
highways. 
A person who violates this Subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
4. 
Unlawfully cmerating snowmobile on plowed road. 
A 
person may not operate a snowmobile upon any plowed private road, 
or Public road plowed privately without Public 
compensation. 
after having been forbidden to do so Ry the owner thereof, the 
owner's agent or a municipal official, either personally or by 
appropriate notices posted conspicuously on that road. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
5. 
Qperating snowmobile on public~. Except as provided 
in subsection 4 and this subsection, a person may not operate a 
snowmobile ypon the main traveled portion, the sidewalks or the 
plowed snowbanks of a public way. 
A. 
A properly registered snowmobile may be operated on a 
public way only the distance necessary, but in no case to 
exceed 300 yards, on the extreme right of the traveled way 
for the purpose of crossing, 
as directly as possible, 
a 
public way, sidewalk or culvert; 
B. 
A properly registered snowmobile may be operated on a 
public way only the distance necessary, but in no case to 
exceed 500 yards, on the extreme right of the traveled way 
for the sole purpose of crossing, as directly as possible, a 
bridge. overpass or underpass, provided that that operation 
Can be made in safety and that it does not interfere with 
vehicular traffic approaching from either direction on the 
public way: 
C. 
A snowmobile may be operated on any portion of a public 
way when the public way has been closed in accordance with 
Title 23. section 2953; 
D. 
If the main traveled portion of a public way is publicly 
plowed 
and 
utilized 
by 
conventional 
motor 
vehicles. 
a 
snowmobile may be operated only on that portion of the way 
not maintained or utilized for the operation of conventional 
motor yehicles. except that operation on the left side of 
the 
way is prohibited during the hours 
from 
sunset to 
sunrise on the portion of the way not maintained or utilized 
for 
the 
operation of conventional 
motor 
vehicles. 
This 
paragraph does not apply to 
a 
snowmobile operated by 
a 
public utility regulated by the Public Utilities Commission 
while 
being 
operated 
in 
the 
course 
of 
the 
utility's 
corporate function. so that public utilities may effectively 
and speedily carry out their obligations to the public: 
E. 
A snowmobile may be operated on streets and public ways 
during a period of emergency when the emergency has been so 
declared by a police agency having jurisdiction and when 
travel by conventional motor vehicles is not practicable. 
This paragraph does not apply to a snowmobile operated by a 
public utility regulated by the Public Utilities Commission 
while 
being 
operated 
in 
the 
course 
of 
the 
utility's 
corporate function. so that public utilities may effectively 
and speedily carry out their obligations to the public; 
F. 
A snowmobile may be operated on streets and public ways 
in special snowmobile events of limited duration conducted 
according to a prearranged schedule and under a permit from 
the governmental unit having jurisdiction; and 
G. 
Notwithstanding paragraphs A to F. a snowmobile may be 
operated on the extreme right of a public way within the 
built-up 
portion 
of 
a 
municipality, 
unorganized 
or 
unincorporated township if the appropriate governmental unit 
has designated the public way as a snowmobile-access route 
for the purpose of allowing snowmobiles access to places of 
business. 
A 
public 
way 
designated 
by 
an 
appropriate 
governmental 
unit as 
a 
snowmobile-access 
route 
must 
be 
posted 
conspicuously 
at 
regular 
intervals 
by 
that 
governmental unit with highly visible signs designating the 
snowmobile-access route. 
Before designating a public way as 
a snowmobile-access route, the appropriate governmental unit 
shall make appropriate determinations that snowmobile travel 
on the extreme right of the public way may be conducted 
safely and will not interfere with vehicular traffic on the 
public way. 
For purposes of this paragraph. "appropriate 
governmental unit" means the Department of Transportation. 
county 
commissioners 
or municipal officers within their 
respective 
jurisdictions. 
The 
jurisdiction 
of 
each 
appropriate governmental unit over public ways pursuant to 
this paragraph is the same as its jurisdiction over the 
passage of vehicles on public ways pursuant to Title 29-A. 
section 2395. 
Municipal or county law enforcement officials 
having jurisdiction have primary enforcement authority over 
any route established under this paragraph. 
A person who violates this subsection conunits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
6. 
Failing to stop snOlIlIlObile before entering public way. 
A person may not fail to bring a snowmobile to a complete stop 
before entering a public way. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
7. 
Fai1ing 
to 
yie1d 
right-of-~ 
wbi1e 
operating 
sno1llDQbi1e. 
A person may not fail to yield the right-of-way to 
all vehicular traffic while operating a snowmobile on a public 
J!@Y.... 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
8. 
Crossing a c10sed bridge. culvert. ove~ass or unde~ass 
with snolllDObi1e. 
A person may not cross with a 
snowmobile a 
bridge. culvert. overpass or underpass closed to snowmobiles by 
the Commissioner of Transportation. 
A. 
The 
Commissioner of Transportation may. 
following 
a 
public hearing. 
prohibit the crossing of 
an 
individual 
bridge. culvert. overpass or underpass if the commissioner 
determines that that crossing or use of the public way is 
hazardous. 
B. 
Any bridge. culvert. overpass or underpass closed by the 
Commissioner of Transportation must be posted by appropriate 
notices. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
9. 
Reck1ess o.peration of sJlO1lDlQbi1e. 
A person may not 
operate a snowmobile in such a way as to recklessly create a 
substantial risk of serious bodily 
~nJury to another person. 
Violation of this subsection is a Class D crime. 
10. 
Operating sn01l1llObi1e to endanger. 
A person may not 
operate a snowmobile so as to endanger any person or property by: 
A. 
Operating the snowmobile on the statewide snowmobile 
trail system or 
a 
public right-of-way that is open to 
snowmobiling except at a reasonable and prudent speed for 
the existing conditions. 
including when 
approaching 
and 
crossing an intersection or railway grade crossing. 
when 
approaching and taking a 
curve. 
when approaching a hill 
crest. when traveling upon any narrow or winding trail and 
when a special hazard exists with respect to pedestrians. 
skiers or other traffic by reason of weather or trail 
conditions; or 
B. 
Operating the snowmobile in a 
manner that fails to 
control its speed at all 
times 
as 
necessary to 
avoid 
colliding with any person, 
vehicle, 
snowmobile or other 
object on or adjacent to the snowmobile trail. 
A person who violates this subsection commits a Class E crime. 
11. 
Qperating sn01llllQbile at greater than reasonable and 
prudent speed. 
A person may not operate a snowmobile except at a 
reasonable and prudent speed for the existing conditions. 
A person who violates this subsection commits a Class E crime. 
12. 
Qperating a snowmobile while underage. 
A person under 
years of age may not operate a snowmobile across any public 
way maintained for travel. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
13. 
Permitting unaccoDQ?anjed cl!ild to o.perate snowmobile. 
A person may not permit a child under 10 years of age to operate 
a snowmobile unless the child is accompanied by an adult. 
This subsection does not apply on land that is owned by the 
parent or guardian or on land where permission for use has been 
granted to the parent or guardian. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
30-
may be adjudged. 
14. 
Snowmobile noise level limits. 
This subsection governs 
noise levels for snowmobiles. 
A. 
Except as provided in section 13112, a person may not: 
(1) 
Operate a snowmobile that exceeds the noise limits 
for that snowmobile established in paragreph Bj or 
(2) 
Modify a snowmobile in a manner that amplifies or 
otherwise increases total noise emission above that 
emitted by the snowmobile as originally constructed, 
regardless of the date of manufacture. 
A 
person 
who 
violates 
this 
paragraph 
commits 
a 
civil 
violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
B. 
The following noise levels are established: 
(1) 
Every snowmobile manufactured after February 1, 
1975, and offered for sale or sold in this State must 
be constructed to limit total vehicle noise to not more 
than 78 decibels of sound pressure level at 50 feet 
onthe "A" scale, as measured by the SAE standards J-192; 
(2) 
Snowmobiles manufactured after October 1, 1973, 
but on or before February 1, 1975, and offered for sale 
or sold in this State must be constructed to limit the 
total vehicle noise to not more than 82 decibels of 
sound pressure level at 50 feet on the "A" scale, as 
measured by the SAE standards J-192: and 
(3) 
Snowmobiles manufactured on or before October 1, 
1973 are not subject to a specific noise level, except 
that they may not be modified in violation of this 
subsection. 
15. 
Qperating sno1llllObile with insufficient lights. 
Except 
as 
provided in section 13112, 
a 
person 
may 
not operate 
a 
snowmobile that is not equipped as follows: 
A. 
Eyery snowmobile must have mounted on the front at least 
one headlight capable of casting a white beam for a distance 
of at least 100 feet directly ahead of the snowmobile: and 
B. 
Every snowmobile must have mounted on the rear at least 
one lamp capable of displaying a 
red light visible at a 
distance of at least 100 feet behind the snOwmobile. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
16. 
FailUre to use snowmobile lights. 
Except as provided 
in section 13112, a person may not fail to use lights; 
A. 
During the period from 1/2 hour after sunset to 1/2 hour 
before sunrise: and 
B. 
At 
any 
time 
when, 
due 
to 
insufficient 
light 
or 
unfavorable 
atmospheric 
conditions 
caused 
by 
fog 
or 
otherwise, other persons, vehicles and other objects are not 
clearly discernible for a distance of 500 feet ahead. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
17. 
Un1awfu11l" operating sno1llDQbi1e on rai1road tracks. 
A 
person may not: 
A. 
Operate a snowmobile along or adjacent and parallel to 
the tracks of a railroad within the limits of a railroad 
right-of-way without written permission from the railroad 
owning the right-of-way: or 
B. 
Operate a snowmobile across the tracks of a railroad 
after haying been forbidden to do so by the railroad owning 
the railroad right-of-way, or by an agent of that railroad, 
either 
personally 
or 
by 
appropriate 
notices 
posted 
conspicuously along the railroad right-of-way. 
Notwithstanding 
this 
subsection, 
a 
person 
may 
operate 
a 
snowmobile on railroad tracks if the person is operating within 
the right-of-way of a portion of railroad line that has been 
officially 
abandoned 
under 
the 
authority 
of 
the 
Interstate 
Commerce Commission. 
A person who violates this subsection commits a ciyil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
18. 
Qperating sno1lDlObi1e in cemetexy. 
A person may not 
operate a 
snowmobile in any cemetery. burial place or burying 
ground. 
A person who violates this subsection commits a civil yiolation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
19. 
Qperating too c10se to certain bui1dings. 
A person may 
not operate a snowmobile within 200 feet of a dwelling. hospital. 
nursing home. convalescent home or church. 
This subsection does 
not apply when a person is operating a snowmobile: 
A. 
On public ways in accordance with subsections 5. 6. 
and 8 or on controlled access highways in accordance with 
subsection 3. paragraphs A and B: 
B. 
On the frozen surface of any body of water: and 
C. 
On land the operator owns or is permitted to use. 
A person who yiolates this subsection commits a ciyil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
20. 
Abuse of another person"s property. 
A person may not 
while operating a snowmobile: 
A. 
Tear down or destroy a fence or wall on another person's 
~ 
B. 
Leaye open a gate or bar on another person's land: or 
C. 
Trample or destroy crops on another person's land. 
A person who yiolates this subsection commits a Class E crime. 
21. 
Unlawfully permitting operation. 
A person who owns a 
snowmobile may not knowingly permit the snowmobile to be operated 
in yiolation of any section of this chapter. 
A person who yiolates this subsection commits a ciyil yiolation 
or which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
22. 
Failure to report accident. 
A person shall give notice 
of a snowmobile accident, by the quickest means of communication, 
to a law enforcement officer available nearest to the place where 
the accident occurred if that person is: 
A. 
The operator of a 
snowmobile inyolyed in an accident 
resulting in 1nJuries requ1r1ng the seryices of a physician 
or in the death of a person: 
B. 
A 
person acting for 
the 
operator 
of 
a 
snowmobile 
described in paragraph A: or 
C. 
The owner of the snowmobile haying knowledge of the 
accident, if the operator of the snowmobile is unknown. 
Accidents involving only property damage to the estimated amount 
of $1.000 or more must be reported within 72 hours on forms 
proyided by the department. 
A person who fails to comply with this subsection commits a civil 
yiolation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged. 
23. 
Qperating sn01lDlQbile on Qpen vater. 
A person may not 
operate or attempt to operate a snowmobile on open water. 
For 
purposes of this subsection, "open water" means any area of an 
inland water body that is free of ice and snow. 
This subsection 
does not apply to private ponds. 
Notwithstanding Title 17, section 2267-A, subsection 3, the owner 
or operator of a snowmobile that has been submerged or partially 
submerged as a result of a violation of this subsection shall 
remove the snowmobile within 24 hours of its submersion. 
The 
owner 
or 
operator 
of 
a 
snowmobile 
submerged 
or 
partially 
submerged as a result of a violation of this subsection shall pay 
any damages resulting form the submersion or removal. 
If the 
owner 
or 
operator 
of 
a 
snowmobile 
submerged 
or 
partially 
submerged as result of a violation of this subsection fails to 
remove the snowmobile within 24 hours of it submersion, 
the 
commissioner may remove the snowmobile at the expense of the 
owner or operator or request in writing that the court direct the 
owner or operator to remove the snowmobile immediately. 
A person who violates this subsection commits a civil violation 
or which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§13l07. 
Unlawfully operating vehicle on snowmobile trail 
A person may not operate any 4-wheel-drive vehicle, dune 
buggy, 
all-terrain 
vehicle, 
motorcycle 
or 
any 
other 
motor 
vehicle, other than a snowmobile and appurtenant equipment, on 
snowmobile trails that are financed in whole or in part with 
funds from the Snowmobile Trail Fund, unless that use has been 
authorized by the landowner or the landowner's agent. or unless 
the use is necessitated by an emergency involving safety of 
'" 
persons or property. 
A person who violates this section commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§13l08. Liability for damage caused by minors 
The owner of a snowmobile, the person who gives or furnishes 
that snowmobile to a person under 18 years of age and the parent 
or guardian responsible for the care of that minor are jointly 
and severally liable with the minor for any damages caused in the 
operation of the snowmobile by that minor. 
§13l09. 
Dealer's registration and license 
1. 
Ap,plication and issuance. 
A person may not engage in 
the business of selling new or used snowmobiles in the State 
unless the person has registered as a dealer and secured a valid 
dealer's license from the commissioner. A dealer so registered 
and licensed need not register individual snowmobiles. 
For the 
purposes of this subsection, "new snowmobile" means a snowmobile 
that has not been registered in this State or any other state or 
for which sales tax has not been paid in this State or any other 
state if that other state taxes the purchase of a new snowmobile. 
Each day a person violates this subsection. that person commits a 
Class E crime for which a minimum fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
2. 
Fees. 
The dealer's registration and license fee is $15 
annually from each July 1st. 
3. 
Dealer's number plates. 
Dealer's number plates must be 
provided and obtained as follows. 
A. 
A registered dealer may receive dealer's number plates. 
The annual fee for a dealer's number plate is: 
(1) 
For a resident dealer's plate. $16: and 
(2) 
For a nonresident dealer's plate. $60. 
B. 
Replacement for lost or stolen dealer's number plates 
may be obtained for a fee of $5 for each plate. 
C. 
If a dealer's number plate is lost or stolen. the owner 
shall notify the commissioner immediately. 
4. 
Temporau registrations and DWl!bers. 
The commissioner 
may issue temporary numbers and registrations for snowmobiles to 
bona fide dealers who 
may. 
upon the sale or exchange of 
a 
snowmobile. issue them to new owners in order to allow them to 
operate snowmobiles for a period of 20 consecutive days after the 
day of sale in lieu of a permanent number as required by this 
chapter. 
5. 
Restrictions. 
Dealers 
shall display their dealer's 
number on each snowmobile being used until the sale of the 
snowmobile. whereupon it becomes the owner's responsibility to 
register the snOwmobile. 
6. 
PeDaH:l!. 
Each day a person violates any restriction of 
a license issued under this section that person commits a civil 
violation for which a forfeiture of not less than $100 nor more 
than $500 may be adjudged. 
§13ll0. 
Snowmobile repair shgp registration and 
license 
1. 
Application 
and 
issuance. 
A person whose 
business 
includes repairing snowmobiles but who is not required to be 
licensed as a snowmobile dealer under section 13109 may register 
that business entity as a snowmobile repair shop and secure a 
snowmobile 
repair 
shop 
license 
and 
number 
plate 
from 
the 
commissioner. 
2. 
Fee. 
The 
commissioner 
shall 
set 
the 
fee 
for 
a 
snowmobile repair shop license. 
The fee may not exceed $15 for 
any l2-month period. 
3. 
Field testing repairs on unregistered sno1R!lObiles. 
The 
owner of a snowmobile repair shop licensed under this section may 
operate or allow the operation of an unregistered snowmobile for 
the purpose of field testing repairs to that snowmobile if: 
A. 
Valid snowmobile repair shop number plates issued under 
this section are affixed to the snowmobile during the field 
test: and 
B. 
The snowmobile is not owned by the snowmobile repair 
shop or any person employed by the snowmobile repair shop. 
Operating an unregistered snowmobile in compliance with this 
subsection is not a violation of section 13104, subsection 1. 
S13111. 
Snowmobile rental agent certificate 
1. 
Registration and issuance. 
Except as provided in this 
section, a person or business may not rent or lease a snOwmobile 
unless that person or business: 
A. 
Registers with the department as a snowmobile rental 
agent and is issued a snowmobile rental agent certificate 
from the commissioner: 
B. 
Obtains 
a 
Maine 
certificate 
of 
number 
for 
each 
snowmobile being offered for rent or lease in the name of 
the person or business holding that certificate: and 
C. 
Instructs each person who rents or leases a snowmobile 
how to operate the snowmobile, including how to use the 
brake, throttle and kill switch, and provides to that person 
a Pamphlet describing proper hand signals. 
A person who violates this subsection commits a civil violation 
or which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
2. 
Excet»tion; guides. 
This section does not apply to a 
person lawfully engaged in guiding activities under section 12853 
who accompanies others on guided trips that include the use of 
snowmobiles, except that such a person must provide the operators 
of snowmobiles with instructions equivalent to those described in 
subsection I. paragrgph C. 
3. 
Fee. 
The fee for a snowmobile rental agent certificate 
is $25. 
The certificate is valid from July 1st to June 30th. 
§13112. 
Racing meets 
Notwithstanding section 10602 and section 13106, subsections 
14. 15 and 16. snowmobiles operated at a prearranged racing meet 
whose sponsor has obtained a permit to hold such a meet from the 
commissioner are exempt 
from the provisions of this chapter 
concerning registration. noise. horsepower, and lights during the 
time of operation at such meets and at all prerace practice at 
the location of the meet. 
CHAPTER 939 
§13151. 
Aee1ication 
This chgpter gpplies to the operation of ATYs in the State. 
§13152. 
License and training 
1. 
License. An operator's license is not required for the 
operation of an ATV. except as required by Title 29-A. 
2. 
Training. 
A 
person 
under 
years 
of 
age 
must 
successfully 
complete 
a 
training 
program 
gpproved 
by 
the 
department prior to operating an ATV on any land other than the 
land on which that person is domiciled or land owned or leased by 
that person's parent or guardian. 
The training program must 
include instruction on the safe operation of ATVs, 
the laws 
pertaining to ATVs. the effect of ATVs on the environment and 
ways to minimize that effect, courtesy to landowners and other 
recreationists 
and 
other 
materials 
as 
determined 
by 
the 
department. 
§13153. 
Rule yio1ations; ATVs 
Notwithstanding section 10602, a person who violates a rule 
regulating ATVs commits a civil violation for which a forfeiture 
of not less than $100 nor more than $500 may be adjudged. 
§13154. 
Age restrictions 
1. 
Minimum age. 
A person under 10 years of age may not 
operate an ATV, 
except on the land on which that person is 
domiciled or land owned by that person's parent or guardian. 
2. 
Unlawfully operating AN while underage. 
A person may 
not operate an ATV other than on land owned by the person's 
parent or guardian or on land where permission for use has been 
granted to the person's parent or guardian: 
A. 
If the person is under 10 years of age: 
B. 
If the person is under 16 years of age unless the person: 
(1) 
Has 
successfully 
completed 
a 
training course 
approved by the department pursuant to section 13152 and 
(2) 
Is accompanied by an adult: or 
C. 
Across a public way maintained for travel if the person 
is under 16 years of age except that a person over 10 years 
of age and under 16 years of age may cross public ways in 
accordance with section 13157, subsection 6, paragraph A if 
the person satisfies the requirements of paragraph B. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
I 28 
3. 
PeI'lDitting unaccnumanied child to operate AN. 
A person 
may not permit a child under 16 years of age to operate an ATV 
except on land owned by the parent or guardian of the operator or 
on land where permission for use has been granted to the parent 
or guardian. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
4. 
PeI'lDitting Chi 1d under 10 :years to QRerate AN. 
Except 
as provided in subsections 2 and 3, a person may not permit a 
child under 10 years of age to operate an ATV. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§13155. 
Registration 
1. 
Operating unregistered AN. 
A person may not operate an 
ATV that is not registered in accordance with subsection 3 except: 
A. 
Registration is not reguired for an ATV operated on land 
on which the owner lives or on land on which the owner is 
domiciled. as long as the ATV is not operated elsewhere 
within the jurisdiction of the State: 
B. 
Registration is not reguired for an ATV operated by a 
conunercial ski area for the purpose of packing snow or for 
rescue operations on the conunercial ski area. unless the ATY 
is reguired to cross a public way during that operation: 
C. 
An ATV owned and operated in the State b,y the Federal 
Government. 
the State or a political subdivision of the 
State 
is 
exempt 
from 
registration 
fees 
but 
must 
be 
registered and is reguired to display registration numbers: 
D. 
An ATV registration for the farm use specified in Title 
29-A, section 501, subsection 8. paragraphE is not reguired 
for a vehicle registered with the Secretary of State under 
Title 29-A. section SOl. subsection 8. 
A person who violates this subsection conunits a civil violation 
for which a forfeiture or not less than $100 nor more than $500 
may be adjudged. 
2. 
Reciprocitr. 
Reciprocity is allowed to nonresidents 
from all states. proyinces, countries or districts that allow 
similar privileges to residents of the State. as long as they are 
covered by 
a 
valid registration 
from 
that state. 
province. 
country or district. 
A. 
If an ATV is owned by a nonresident but is primarily 
operated by a Maine resident. the ATY must be registered 
under this section. 
B. 
This subsection may not be construed to authorize the 
operation of an ATY described in any manner contrary to this 
chapter. 
3. 
App1ication and issuance. 
The commissioner. or an agent 
designated 
by 
the 
conunissioner. 
may 
register 
and 
assign 
a 
registration number to an ATV upon application and payment of an 
annual fee by the owner. 
The conunissioner shall charge a fee of 
$1 in addition to the annual fee for each registration issued by 
an employee of the department. 
The registration number must be 
clearly displayed on the rear of the vehicle. 
A registration is 
valid for one year COmmencing July 1st of each year. 
4. 
Form of registration. 
An ATV registration must be in 
such form as the conunissioner may determine. 
5. 
Fees. 
The annual registration fee for an ATV is $17 for 
a resident and $35 for a nonresident. 
After March 31st. a person may pay a registration fee of $21.25 
for 
residents 
and 
$43.75 
for 
nonresidents 
and 
receive 
a 
registration covering the remainder of the registration period 
plus one additional year. 
6. 
Dgp1icate registration certificate. 
The holder of a 
registration certificate issued under this section may obtain a 
duplicate from the commissioner upon application and payment of a 
fee of $1. 
7. 
Trimefer 
of 
o1lD.erehip.. 
diecontinuance 
of ge. 
A 
transfer of ownership or discontinuance of use of an all-terrain 
vehicle is subject to this subsection. 
A. 
Whoeyer transfers the ownership or discontinues the use 
of a registered all-terrain vehicle shall. within 10 da,ys. 
properly sign the registration. indicate the disposition of 
the all-terrain vehicle. and return the registration to the 
commissioner. 
B. 
An all-terrain vehicle owner who transfers ownership or 
discontinues its use ma,y. within 10 da,ys from the date of 
transfer or discontinuance. apply to the commissioner for 
registration of another all-terrain vehicle. 
The fee for 
the transfer is $2. and the registration is valid for the 
remainder of the registration year for which the previous 
all-terrain vehicle had been registered. 
C. 
When there is a change of ownership of an all-terrain 
vehicle for which a registration has previously been issued. 
the new owner shall apply for a new registration and shall 
pay the APplicable fee under subsection 5. 
8. 
Restrictions. 
This 
subsection 
applies 
to 
the 
registration of an ATV. 
A. 
The registration certificate is subject to inspection by 
any law enforcement officer on demand. 
B. 
The registrant shall notify the commissioner if an ATV 
is destroyed. abandoned. stolen or permanently removed from 
the State. 
9. 
Dieplay of registration n1JJDbers. 
Each new ATV sold in 
the State must have 3 1/2 inch by 6 inch spaces provided on the 
front and rear of the machine. 
as high above the tires as 
possible, for the vertical display of the registration numbers. 
A person may not operate an ATV that is required to be registered 
under this section unless registration numbers are displayed in 
these spaces or as otherwise required by the department. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $lOO nor more than $500 
may be adjudged. 
10. 
Training and education. 
The department shall provide 
training and education relating to ATVs. 
§13156. 
ATV registration agents 
1. 
A9pointment 
of 
ATY 
registration 
agents. 
The 
commissioner may appoint municipal clerks or other persons whom a 
municipality may designate as municipal agents to issue 
ATV 
registrations. 
The commissioner may designate other agents as 
necessary to issue ATV 
registrations. 
The commissioner shall 
determine the period when the agents must act. 
2. 
Failure to remit funds. 
An agent is delinquent if that 
agent fails to forward to the commissioner funds collected by 
that agent by the date established in rules adopted under this 
section. 
Failure 
to 
remit 
the 
funds 
as 
provided 
in this 
subsection results in the following sanctions. in addition to any 
other provided by law. 
A. 
The commissioner shall charge interest on the amount 
owed at the rate of 18'\ a year for each day the agent is 
delinquent. 
B. 
If the agent has not paid the amount owed by the 60th 
day after the agent becomes delinquent. the commissioner 
shall assess a surcharge of 5'\ of the principal amount owed. 
c. 
If an agent is delinquent for more than 150 days or is 
delinguent 3 or more times in one year, the commissioner 
shall : 
(1) 
Terminate the agency for the balance of the year: 
.smQ. 
(2) 
Order that the agency not be renewed for the next 
year. 
3. 
Service feeS. 
An agent may charge a service fee of $1 
for 
each 
ATV 
renewal 
registration 
issued 
and 
$2 
for 
each 
registration covered by sections l3002 to l3005. 
This service 
fee is retained by the agent. 
§13l57. 
Qperation of ATVs 
1. 
No permission given. This chapter mCU' not be construed 
as giving license or permission to cross or go on the property of 
another. 
2. 
Sto.p and identify requirement. 
Persons operating ATVs 
upon the land of another shall stop and identify themselves upon 
the reguest of the landowner or the landowner's duly authorized 
representative. 
A 
person 
who 
violates 
this 
subsection 
is 
accountable to the owner under existing laws and is subject to 
the applicable penalty provided under this Part. 
3. 
Qperating ATV upon controlled access higb.!ray. 
A person 
may not operate an ATY ypon a controlled access highway or within 
the right-of-way limits of a controlled access highway. except 
~ 
A. 
A properly registered ATV may cross controlled access 
highways 
by 
use 
of 
bridges 
over 
or 
roads 
under 
those 
highways or by use of 
roads crossing controlled access 
highways at grade; and 
B. 
The Commissioner of Transportation may issue special 
permits 
for 
designated 
crossings 
of 
controlled 
access 
highways. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
4. 
Un1awfully o.perating ATV on snowmobile trail. 
Operating 
an ATY on a snowmobile trail financed in whole or in part with 
funds from the Snowmobile Trail Fund is governed by section 13107. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
5. 
Un1avful.lr o.perating ATV on private road. 
A person may 
not 
operate 
an 
ATV 
upon 
a 
private 
road after having been 
forbidden to do so by the owner's agent or a municipal official. 
either personally or by appropriate notices posted conspicuously 
on that road. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
6. 
Qperating ATV on Public~. Except as provided in this 
subsection, a person may not operate an ATV, other than an ATV 
registered with the Secretary of State under Title 29-A, on any 
portion of a public way maintained or used for the operation of 
conventional motor vehicles or on the sidewalks of any public way. 
A. 
A properly registered ATV may be operated on a public 
way only the distance necessary, but in no case to exceed 
yards. on the extreme right of the traye1ed way for the 
purpose of crossing. as directly as possible. a public way. 
sidewalk or culvert. 
B. 
A properly registered ATV may be operated on a public 
way only the distance necessary. but in no case to exceed 
yards, on the extreme right of the traveled way for the 
sole purpose of crossing. as directly as possible. a bridge. 
overpass or underpass, as long as that operation can be made 
in safety and that it does 
not interfere with traffic 
approaching from either direction on the public way. 
c. 
An ATV may be operated on ap,y portion of a public way 
when the public way has been closed in accordance with Title 
23, section 2953. 
D. 
An 
ATV may be operated on a public way that is not 
maintained or used for the operation of conventional motor 
vehicles. except that operation on the left side of the way 
is prohibited during the hours from sunset to sunrise. 
E. 
An ATV may be operated on streets and public ways during 
a 
period of 
emergency 
when 
the 
emergency 
has 
been 
so 
declared by a police agency haying jurisdiction and when 
travel by conventional motor vehicles is not practicable. 
F. 
An ATV may be operated on streets and public ways in 
special events of limited duration conducted according to a 
prearranged schedule under a permit from the governmental 
unit having jurisdiction. 
G. 
An ATV may be operated on a public way on the extreme 
right of the traveled way by a law enforcement officer for 
the sole purpose of traveling between the place where the 
ATV is usually stored and an area to be patrolled by the law 
enforcement officer. 
H. 
Notwithstanding paragraphs 
A to 
G, 
an 
ATV 
may 
be 
operated 
on 
the 
extreme 
right 
of 
a 
public 
way 
of 
a 
municipality or an unorganized or unincorporated township if 
the appropriate governmental unit has designated the public 
way as an ATV-access route. 
A public way designated by an 
appropriate governmental unit as an ATV-access route must be 
posted 
conspicuously 
at 
regular 
intervals 
by 
that 
governmental unit with highly visible signs designating the 
ATV-access route. 
Before designating a public way as an 
ATV-access route, the appropripte goyernmental unit shall 
make 
appropriate determinations that 
ATV 
travel 
on 
the 
extreme right of the public way may be conducted safely and 
will not interfere with vehicular traffic on the public 
way. 
For 
purposes 
of 
this 
paragraph, 
"appropriate 
goyernmental unit" means the Department of Transportation, 
county commissioners or municipal officers within their 
respectiye 
jurisdictions. 
The 
jurisdiction 
of 
each 
appropriate goyernmental unit oyer public ways pursuant to 
l4 
this paragraph is the same as its jurisdiction oyer the 
passage of yehicles on public ways pursuant to Title 29-A, 
section 2395. 
Municipal or county law enforcement officials 
having jurisdiction haye primary enforcement authority oyer 
any route established under this paragraph. 
A person who yiolates this subsection commits a ciyil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
7. 
Failing to stop AW before entering public WAY. 
A 
person may not fail to bring an ATV to a complete stop before 
entering a public way. 
A person who yiolates this subsection commits a civil yiolation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
8. 
Failing to yield right-of-WAY while o,perating AW. 
A 
person may not fail to yield the right-of-way to all other types 
of vehicular traffic while operating an ATV on a public way. 
A person who yiolates this subsection commits a ciyil yiolation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
9. 
Crossing closed bridge. culvert. over:pass or underpass 
with AW. 
A person may not cross with an ATV a bridge, culvert, 
overpass or underpass closed to ATVs 
by the Commissioner of 
Transportation pursuant to paragraph A. 
A. 
The 
Commissioner of Transportation may, 
following 
a 
public hearing, 
prohibit the crossing by an 
ATV 
of an 
individual bridge, culyert, overpass or underpass if the 
commissioner determines that that crossing or use of 
a 
public way is hazardous. 
Any bridge, culvert. oyerpass or 
underpass 
closed by the 
commissioner must be posted by 
appropriate notices. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
10. 
Reckless gperating on ATV. 
A person may not operate an 
ATV in such a way as to recklessly create a substantial risk of 
serious bodily injury to another person. 
A person who violates this subsection commits a Class D crime. 
11. 
Qperating ATV to epdapger. 
A person may not operate an 
ATY so as to endanger any person or property. 
12. 
Qperating AN at greater tban reasonfthle and prudent 
speed. 
A person may not operate an ATV except at a reasonable 
and prudent speed for the existing conditions. 
13. 
Qperatipg 
AN 
without 
protective 
headgear. 
Notwithstanding Title 29-A, section 2083, a person under 18 years 
of age may not operate an ATY without protective headgear. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
14. 
Car~ipg 
passenger 
on 
AN 
without 
beadgear. 
Notwithstanding Title 29-A, section 2083, a person may not carry 
a passenger under 18 years of age on an ATY unless the passenger 
is wearing protective headgear. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
15. 
Qperating ATV without muffler. 
Except as provided in 
section 13159, a person may not: 
A. 
Operate an ATV that is not eguipped at all times with an 
effective and suitable muffling device on its engine to 
effectively deaden or muffle the noise of the exhaust; or 
B. 
Modify the exhaust system of an ATY in any manner that 
will increase the noise emitted above the following emission 
standard: 
(1) 
Each ATV must meet noise emission standards of the 
United States EnvirOnmental Protection Agency and in no 
case exceed 82 decibels of sound pressure level at 50 
feet on the 'A' scale as measured by the SAE standards 
J-192. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
Each ATV must be equipped with a working spark arrester. 
In 
addition to any penalties imposed under this subsection. 
the 
court may. subject to section 9321 and Title 17-A. chapter 54. 
order restitution for fire suppression costs incurred by state or 
municipal government entities in suppressing a fire caused by an 
ATV operating without a working spark arrester. 
16. 
Operating 
ATV 
with 
insufficient 
lights. 
This 
subsection governs the light equipment required on ATVs. 
A. 
Except as provided in this subsection and section 13159. 
a person may not operate an ATV in the State. regardless of 
where purchased. unless equipped as follows. 
(1) 
The ATV must have mounted on the front at least 
one headlight capable of casting a white beam for a 
distance of at least 100 feet directly ahead of the ATY. 
(2) 
The ATV must have mounted on the rear at least one 
taillight capable of displaying a light that must be 
visible at a distance of at least 100 feet behind the 
ATV. 
B. 
The following are exceptions to the requirements of 
paragraph A. 
(1) 
An 
ATV 
manufactured prior to January 1. 
1991 
without a headlight or taillight is exempt from the 
provisions of this 
subsection while 
being operated 
between sunrise and sunset. 
( 2) 
A person may operate an ATV without a headlight 
and taillight between sunrise and sunset if: 
(a) 
The 
ATV 
has an engine size of 
cubic 
centimeters or less: and 
(b) 
The ATV has 4 or more wheels. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
17. 
Failure to use AN lights. 
Except as provided in 
section 13159, a person may not fail to use the lights reguired 
under subsection 16 as follows: 
A. 
During the period from 1/2 hour after sunset to 1/2 hour 
before sunrise: and 
B. 
At 
any 
time 
when, 
due 
to 
insufficient 
light 
or 
unfavorable 
atmospheric 
conditions 
caused 
by 
fog 
or 
otherwise, other persons. vehicles and other objects are not 
clearly discernible for a distance of 500 feet ahead. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
18. 
Unlawfully operating AN on railroad tracks. 
This 
subsection governs operation of an ATV on railroad tracks. 
A. 
A person may not: 
(1) 
Operate an ATV along or adjacent and parallel to 
the tracks of 
a 
railroad within the limits of the 
railroad right-of-way without written permission from 
the railroad owning the right-of-way: or 
(2) 
Operate an ATV across the tracks of a 
railroad 
after having been forbidden to do so by the railroad 
owning the railroad right-of-way or by an agent of that 
railroad, either personally or by appropriate notices 
posted conspicuously along the railroad right-of-way. 
B. 
Notwithstanding paragraph A, a person may operate within 
the right-of-way of a portion of railroad line that has been 
officially abandoned under the authority of the Interstate 
COmmerce Commission. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
19. 
Qperating too close to certain buildings. 
A person may 
not operate an ATV within 200 feet of a 
dwelling. hospital. 
nursing home, convalescent home or church. except a person may: 
A. 
Operate 
an 
ATV 
on public 
ways 
in 
accordance with 
subsections 3, 6, 7, 8 and 9: 
B. 
Operate an ATV on the frozen surface of anY body of 
water: and 
C. 
Operate an ATY on land that the operator owns or is 
permitted to use. 
A person who violates this subsection commits a ciyil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
20. 
Failure to re,port accident. 
The operator of an ATV 
inyolyed in an accident resulting in 
~nJuries 
requ~r~ng the 
seryices of a physician or in death of a person. a person acting 
for such an operator or the owner of the inyolyed ATV haying 
knowledge of the accident if the operator of the ATV is unknown 
shall giye notice of the accident. 
by the quickest means of 
communication. to a law enforcement officer ayailable nearest to 
the place where the accident occurred. 
Accidents involving only property damage to the estimated amount 
of $1. 000 or more must be reported within 72 hours on forms 
provided by the department. 
A person who fails to comply with this subsection commits a civil 
violation for which a forfeiture of not less than $lOO nor more 
than $500 may be adjudged. 
21. 
Qperating AN in prohibited, area. 
A person may not 
operate an ATV: 
A. 
On a salt marsh. intertidal zone. marine sand beach. 
sand dune or any cemetery, burial place or burying ground: or 
B. 
On alpine tundra or on a freshwater marsh or bog, other 
than on a trail designated for ATY use by the Department of 
Conseryation, when the ground is not frozen and sufficiently 
coyered with snow to preyent direct damage to the yegetation. 
A person who yiolates this subsection commits a civil yiolation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
22. 
Abuse of another person's property. 
A person may not 
while operating an ATV: 
A. 
Tear down or destroy a fence or wall on another person's 
~ 
B. 
Leaye open a gate or bars on another person's land: or 
C. 
Trample or destroy crops on another person's land. 
A person who violates this subsection commits a Class E crime. 
23. 
Qperating AN on cro.pland or pastureland. 
A person may 
not operate an ATV on any cropland or pastureland without the 
permission of the owner or lessee. 
As used in this subsection, 
"cropland" means acreage in tillage rotation, land being cropped 
and land in bush fruits and "pastureland" means acreage devoted 
to the production of forage plants used for animal production. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
§13158. 
Unlawfully Pftrmitting operation: 1iability for ibnnage by 
other persons 
1. 
Permitting operation. 
A person may not permit operation 
of an ATY in violation of this subsection. 
A person permits the 
operation of an ATV in violation of this subsection if: 
A. 
The person owns an ATV that is operated by another 
person in violation of this chapter; or 
B. The person is the parent or guardian responsible for the 
care of a minor under 18 years of age who operates an ATV in 
violation of this chapter. 
A person who violates this subsection commits a civil violation 
for which a forfeiture of not less than $100 nor more than $500 
may be adjudged. 
2. 
Furnishing AN. 
An owner of an ATV. a person who gives 
or furnishes 
an 
ATV 
to 
a 
person and 
a 
parent or guardian 
responsible for the care of a minor under 18 years of age are 
jointly and severally liable with the operator for damages caused 
in the operation of the vehicle or by the minor in operating any 
ATV. 
§13159. 
Racing meets 
Notwithstanding section 13155 and section 13159, subsection 
15, 
subsection 16, paragraph A and subsection 17. 
ATVs 
used 
exclusively for scheduled racing meets and operated solely on 
predefined race courses are exempt from the provisions of this 
chapter concerning registration, mufflers and lights during the 
time of operation at these meets and at all prerace practices at 
the location of the meets. 
§13160. Dealer's registration and liCense 
1. 
Aap1ication and issuance. 
A person may not engage in 
the business of selling ATVs in the State unless that person has 
registered as a dealer and secured a valid dealer's license from 
the commissioner. 
A dealer so registered and licensed need not 
register individual ATVs. 
Each day a person violates this subsection, that person commits a 
Class E crime for which a minimum fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
2. 
Fees. 
The annual license fee for a dealer registered 
under subsection 1 is $15. 
The license runs from July 1st of 
each year. 
A. 
A dealer 
licensed under 
Title 
29-A, 
section 
954, 
subsection 2 is not required to pay the license fee under 
this subsection. 
3. 
Dealer's number p1ates. 
Dealer's number plates must be 
provided and obtained as follows. 
A. 
A dealer registered under subsection 1 
may 
receive 
dealer's number plates for a $5 annual fee for each plate. 
B. 
Replacements for lost or stolen plates may be obtained 
for a fee of $5 for each plate. 
C. 
If a number plate is lost or stolen, the owner shall 
notify the commissioner immediately. 
4. 
Tempora[r registration p1ate and certificate npmhpr. 
The 
commissioner may issue temporary registration plates and 
certificates to a registered dealer who may, upon the sale or 
exchange of an ATV, 
issue a temporary registration plate and 
certificate to a new owner, in order to allow the new owner to 
operate the ATV for a period of 20 consecutive days, after the 
date of sale in lieu of a permanent number as required by this 
chapter. 
The fee for each temporary registration is $1. 
5. 
Restrictions. 
A dealer shall display the dealer's 
number 
on each ATY 
being used until the sale of the 
ATV, 
whereypon it becomes the owner' s responsibility to register the 
6. 
Warranties and information on used ATVs. 
A dealer who 
offers a warranty in connection with the sale or transfer of a 
used 
ATV 
shall fyrnish 
a 
written statement concerning that 
warranty. 
The statement regarding the warranty myst indicate the 
parts or systems of the vehicle that are covered and those not 
covered by the warranty and what the dealer will do in the event 
of a defect and at whose expense repairs be made. 
The dealer shall also furnish before sale a written statement 
identifying any and all defects known to the dealer and any type 
of damage that the vehicle has sustained if such information is 
known to the dealer. 
7. 
Violation. 
Each day a person violates any restriction 
of a license issued under this section, that person commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
§13161. 
ATY lights 
1. 
Headlight and taillight regpired. 
A person may not sell 
or offer to sell a new ATV unless: 
A. 
That ATV is equipped with a functioning headlight and 
taillight: or 
B. 
The ATV: 
(1) Is a 2-wheel off-road motorcycle: or 
(2) 
Has an engine size of 90 cubic centimeters or less 
and has 4 or more wheels. 
2. 
Violation. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
SUBPART 7 
LOCAL REGOLATIOlI 
CIIAP'XER 941 
LOCAL REGQLATIOlI 
§13201. 
Limits on local regulation 
A municipality or political subdivision of the State may not 
enact any ordinance, law or rule regulating the hunting, trapping 
or fishing for an.y species of fish or wildlife: the operation, 
registration or numbering of watercraft or snowmobiles or any 
other 
subject matter 
relating 
to 
watercraft 
or 
snowmobiles 
regulated under chapter 935 or 937 or under any other provisions 
of this Part. 
For purposes of this section, except as provided 
in 
subsection 
3, 
the 
regulation 
of 
fishing 
includes 
the 
regulation of ice fishing shacks. 
This section may not be 
construed to prohibit: 
1. 
Firearm discharge. 
The 
enactment of 
any 
ordinance 
generally regulating the discharge of firearms in a municipality 
or any part of a municipality: 
2. 
Certain rules. 
The adoption of rules as authorized in 
section 13051: or 
3. 
Ice fishing shacks. 
The enactment of any ordinance 
regulating ice fishing shacks on: 
A. 
Sources of public water supply as provided under Title 
22, section 2642: or 
B. 
Coastal waters as defined in section 6001, subsection 6. 
PARTB 
Sec. B-1. 4 MRSA §164, sub-§IS, 1[A, as amended by PL 1995, c. 
462, Pt. A, §4, is further amended to read: 
A. 
A fisheries and wildlife offense means any violation of 
any provision of Title 12, Part ~9 11: any provision of law 
enumerated in Title 12, section 1996 .l.O.3..5..l: 
or any rule 
adopted by the Commissioner of Inland Fisheries and Wildlife 
pursuant to these provisions. 
Sec. B-2. 4 MRSA §164, sub-§17, ,A, as amended by PL 1993, c. 
680, Pt. A, §6, is further amended to read: 
A. 
A marine resources offense means any violation of any 
provision of Title 12, chapters 601 to 627 and 
eBap1:e!'--+~9 
chapters 935, 
and 939, or any rules adopted by the 
Commissioner of Marine Resources pursuant to those chapters. 
Sec. B-3. 4 MRSA §164, sub-§18, 1[A, as enacted by PL 1991, c. 
635, is amended to read: 
A. 
For 
purposes 
of this 
subsection, 
a 
forest 
service 
offense means any violation of Title 12, chapters 19s r -+l§y 
801, 805, 807 aasL 
809~,~9~3~5u,~9~3~7~a~n~d~~9~3~9-£a~n~d~s~e~c~t~i~o~n~I~0~2~0~3~, 
subsection 6 
and sections 10651. 
10653 and 11221 or any 
rules adopted by the Director of the Maine Forest Service 
pursuant to those chapters. 
Sec. B-4. 5 MRSA §12004-G, sub-§20, as amended by PL 1995, c. 
667, Pt. A, §1 and affected by §39, is further amended to read: 
20. 
Inland 
Inland Fisher- Fisheries and 
ies and Wild-
Wildlife 
life 
Advisory 
Council 
$50/Day 
MRSA 
§1Q66-A 
§10151 
Sec. B-5. 5 MRSA §12004-G, sub-§29-B, as enacted by PL 1995, 
c. 494, §3, is amended to read: 
29-B. 
Natural 
Resources 
Maine 
Outdoor 
Heritage 
Fund Board 
Legislative 
Per Diem 
and Travel 
Expenses for 
Appointed 
Members 
MRSA 
§1188 
§103Qa 
Sec. B-6. 5 MRSA §12004-I, sub-§23, as amended by PL 1989, c. 
503, Pt. A, §27, is further amended to read: 
23. 
Environment: 
Natural 
Resources 
Advisory Board 
$50/Day 
for the Licens-
ing of Guides 
MRSA 
§16aQ 
§10153 
Sec. B-7. 5 MRSA §12004-I, sub-§23-A, as enacted by PL 1989, 
c. 913, Pt. C, §2, is amended to read: 
23-A. 
Environment: 
Natural 
Resources 
Advisory 
$50/Day 
Board for the 
Licensing 
of Taxi-
dermists 
MRSA 
§1699 
§10155 
Sec. B-8. 5 MRSA §12004-I, sub-§23-B, as enacted by PL 1995, 
c. 667, Pt. B, §1, is amended to read: 
23-B. 
Environment: 
Natural 
Resources 
Advisory 
$50/Day 
Board for 
the Licensing 
of Whitewater 
Guides 
MRSA 
§161i1i-A 
§10156 
Sec. B-9. 5 MRSA §12004-I, sub-§24, as amended by PL 1989, c. 
503, Pt. A, §27, is further amended to read: 
24. 
Environment: 
Natural 
Resources 
Junior Maine 
Guides and 
Trip Leaders 
Curriculum 
Advisory 
Board 
Expenses 
Only 
MRSA 
§n6~ 
§10154 
Sec. B-I0. 5 MRSA §12004-I, sub-§70, as amended by PL 1991, c. 
780, Pt. S, §§2 and 3, is further amended to read: 
70. 
Natural 
Resources: 
Recreation 
Whitewater 
Safety 
Committee 
$25/Day 
MRSA 
§7697 
§129l0 
Sec. B-ll. 7 MRSA §2-A, as enacted by PL 1995, c. 667, Pt. C, 
§l, is amended to read: 
§2-A. Hunters for the Hungry Proqram; acceptance 
of donations 
The department and those recipient agencies participating in 
the department's food assistance distribution programs may accept 
wild game meat from persons participating in the Hunters for the 
Hungry 
Program 
established 
under 
Title 
12, 
ehapt.e.£---1-Q~r 
sligehai*eo£--:U·~-A section 10108. 
The department may facilitate 
the acceptance of that meat by its recipient agencies through 
coordination with the Department of Inland Fisheries and Wildlife 
and may undertake educational and promotional efforts on behalf 
of the program. 
Sec. B-12. 7 MRSA §1342, sub-§6, as enacted by PL 1999, c. 
765, §3, is amended to read: 
6. 
Restrictions. 
Large game may not be tethered in a 
shooting area and must be free to roam. 
A person may shoot or 
attempt to shoot large game within a shooting area only when that 
person is in a tree stand or accompanied by the license holder or 
an employee of the license holder. 
Shooting is limited to the 
time period from 1/2 hour before sunrise as defined in Title 12, 
section 7QQl .lQQ.Q.l. to 1/2 hour after sunset as defined in Title 
12, section 7QQ;b l..Q.QJll. 
A person who kills or attempts to kill 
large game in a commercial large game shooting area may use only 
the following weapons: 
A. 
Firearms of any type permitted for hunting under Title 
12, Part ;bQ 11; and 
B. 
Archery equipment of any type permitted for hunting 
under Title 12, Part lQ kl. 
Sec. B·13. 7 MRSA §3953, as amended by PL 1997, c. 690, §37, 
is further amended to read: 
§3953. Stea1inq, injurinq or killing dogs 
Except as provided in section 3951 and Title 12, seetj,eRs 
+§Q4-aRQ-+§Q§ section 12404, and unless the killing is justified 
to protect persons or property, aRY ~ person who steals, confines 
or secretes, willfully or negligently injures or willfully or 
negligently kills a dog is liable in damages to its the dog IS 
owner in a civil action. 
Sec. B·14. 7 MRSA §4011, sub·§I, 1JG, as amended by PL 2001, c. 
617, §9, is further amended to read: 
G. 
Hunts, traps or sells for the purpose of hunting any 
animal, except as permitted pursuant to 
~:l:t.,le--1-T chapter 
202-A and Title 12, Part lQ kl; 
Sec. B·15. 7 MRSA §4011, sub·§2, 1JC, as enacted by PL 1987, c. 
383, §3, is amended to read: 
c. 
The conduct involved the use of live animals as bait or 
in the training of other animals in accordance with the laws 
of the Department of Inland Fisheries and Wildlife, Title 
12, Part lQ kl. 
Sec. B·16. 7 MRSA §4012, sub·§§2 and 3, as enacted by PL 1987, 
c. 383, §3, are amended to read: 
2. 
Construction. Neta:l:REj--i-n--tais This section may nQ.t be 
construed to prohibit the shooting of wild game in its wild state 
or the shooting of birds at field trials under the supervision of 
the Department of Inland Fisheries and Wildlife in accordance 
with Title 12, chapter +Q+ ~, subchapter iX kl. 
3. 
Affirmative defense. It is an affirmative defense to 
this section that the conduct involved the use of live animals in 
the training of other animals in accordance with the laws of the 
Department of Inland Fisheries and Wildlife, Title 12, Part lQ 11. 
Sec. B·17. 8 MRSA §374, sub·§5, as amended by PL 1997, c. 373, 
§7, is further amended to read: 
5. 
Wildlife lottery game. 
No later than January 30, 1996, 
the commission, in consultation with the Maine Outdoor Heritage 
Fund Board, shall develop and initiate a wildlife lottery game 
designed to raise funds for the Maine Outdoor Heritage Fund 
established pursuant to Title 12, chapter 114 903. subchapter 6. 
The commission shall provide the net proceeds of this wildlife 
lottery game to the Maine Outdoor Heritage Fund annually. 
The 
commission shall change the wildlife game ticket periodically 
throughout the year. 
Sec. B-18. 8 MRSA §387, sub-§I, 111>, as enacted by PL 1995, c. 
494, §5, is amended to read: 
D. 
For payment to the Maine Outdoor Heritage Fund pursuant 
to Title 12, section 1186 ~. 
Sec. B-19. 10 MRSA §1242, sub-§15, as enacted by PL 1997, c. 
473, §3, is amended to read: 
15. Personal sports DlObi1e. 
"Personal sports mobile" means 
any 
snowmobile as defined in Title 12, 
section 1861 !1QQl, 
subsection 9 ~; any all-terrain vehicle as defined in Title 12, 
section 7891 l1QQl, subsection 6 1; any motorcycle as defined in 
Title 
29-A, 
section 
101, 
subsection 
38; 
and 
any 
personal 
watercraft as defined in Title 12, section 1191 11QQ!, subsection 
11-A ll. 
"Personal sports mobile" does not include 
a 
motor 
vehicle as defined in section 1171, subsection 11. 
Sec. B-20. 12 MRSA §598-A, sub-§I, "A and B, as enacted by PL 
1993, c. 639, §l, are amended to read: 
A. 
State-owned wildlife management areas and public access 
sites described in section 1996 10109. 
subsection 1 
and 
section 12708; and 
B. 
Lands held and managed as a state game farm under the 
provisions of section 7769 10109. subsection 2; 
Sec. B-21. 12 MRSA §1893, sub-§I, ,A, as amended by PL 2001, 
c. 693, §l and affected by §ll, is further amended to read: 
A. 
Within available funds, 
the snowmobile program shall 
develop 
and 
maintain 
snowmobile 
trails 
and 
provide 
educational 
and 
informational materials 
for 
the 
use 
of 
operators of snowmobiles. The bureau may charge a reasonable 
fee for such services and materials when the money credited 
to it under chapter 
7197'--&Ubohapt-ei':'--~~ .2.ll is insufficient 
to satisfy the demand for those services and materials. All 
fees collected must be deposited in the bureau's Snowmobile 
Trail Fund. 
The bureau shall administer the Snowmobile 
Trail Fund.L and the snowmobile program's other activities 
must be conducted pursuant to 6ee'6:*&-=1864, subsection -4-
1. 
The Snowmobile Trail Fund receives funding as provided 
in chapter 
+15r-~~--** .2d1. and Title 36, section 
2903-D, subsection 2. 
Sec. B-22. 12 MRSA §1893, sub-§I, 1[B, as amended by PL 2001, 
c. 693, §l and affected by §11, is further amended to read: 
B. 
The 
bureau 
shall 
administer 
the 
ATV 
Recreational 
Management Fund established under ses&i&a-+854, subsection 
4-
~ for the purposes given in that subsection and for the 
acquisition of land to be used for ATV trails. 
The bureau 
may adopt rules 
in accordance with Title 5, chapter 375, 
subchapter ** ~ for the issuance of grants-in-aid from the 
fund and to further define alpine tundra areas pursuant to 
section +851 ll.Q.Q.l., 
subsection a-A.i. 
Addi tional funding 
for the ATV Recreational Management Fund is as provided in 
Title 36, section 2903-D, subsection 3. 
Sec. B-23. 12 MRSA §1893-A, sub-§2, as enacted by PL 2001, c. 
466, §7, is amended to read: 
2. Development of 
recreational management areas. 
An owne r 
or 
operator 
of 
an 
excavation site proposing 
to 
develop 
a 
recreational management 
area and 
requesting 
a 
variance 
from 
reclamation standards under Title 38, section 490-E shall request 
the assistance of the division. 
Upon receipt of a request for assistance, the division shall 
assess the affected land for suitability for an all-terrain 
vehicle trail system. 
The division shall advise the landowner of 
funding, 
technical 
assistance 
and other assistance available 
through 
the 
ATV 
ReereatieB 
Recreational 
Management 
Fund 
established in section +854 
~, sa9See~4eB--4T--para~rapa--B 
subsections 2 and 3. 
When an initial assessment of the affected 
land indicates the area is appropriate for an all-terrain vehicle 
trail system, the division may assist the owner or operator in 
developing a plan and completing a variance application. 
Sec. B-24. 12 MRSA §6431-E, sub-§I, ,B, as enacted by PL 1997, 
c. 693, §1 and affected by §3, is amended to read: 
B. 
"Owner" means: 
(1) 
An 
individual 
who 
is the 
owner 
of 
a 
vessel 
registered under chapter +15T-~~--;t .2.15. or the 
owner of a vessel documented under 46 Code of Federal 
Regulations, Part 67; 
(2) 
The person who owns the highest percentage of a 
partnership, corporation or other entity that is the 
owner 
of 
a 
vessel 
registered 
under 
chapter 
+19r 
SQ:ee:aa~Ee-l'--I ..9.1.5. or a vessel documented under 46 Code 
of Federal Regulations, Part 67; or 
(3) 
When 2 or more people own in equal proportion the 
highest percentages of a partnership, corporation or 
other 
entity that 
owns 
a 
vessel 
registered 
under 
chapter 
7;U;T--&ubohapt.~--I ~ 
or a vessel documented 
under 46 Code of Federal Regulations, Part 67, one of 
the highest percentage owners 
as designated by the 
owners of that partnership, corporation or other entity. 
Sec. B·25. 12 MRSA §9904, sub·§II, as enacted by PL 1995, c. 
406, §12, is amended to read: 
11. 
Fishing in inland waters. 
When 
fishing in inland 
waters, the holder of a license authorized under this section is 
subject to all the provisions of ehap~e~s-70~-~e-7a~ Part 13. 
Sec. B·26. 14 MRSA §3142, sub-§I, 1[C, as amended by PL 2001, 
c. 471, Pt. A, §20, is further amended to read: 
C. 
The 
suspension 
of 
any 
license, 
certification, 
registration, permit, 
approval or other similar document 
evidencing the granting of authority to hunt, fish or trap 
or to 
engage 
in 
a 
profession, 
occupation, 
business 
or 
industry, not including a registration, permit, approval or 
similar document evidencing the granting of authority to 
engage in the business of banking pursuant to Title 9-B. 
Licenses and registration subject to suspension include, but 
are not limited to: 
(1) 
Licenses 
issued by the Commissioner of Marine 
Resources, as provided in Title 12, section 6409; 
(2) 
Licenses issued by the Commissioner of Inland 
Fisheries 
and Wildlife, 
as 
provided in Title 
12, 
section 7077 ~, subsection ~-~ ~; 
(3) 
Watercraft, 
snowmobile 
and all-terrain vehicle 
registrations, as provided in Title 12, section 7077 
~, subsection ~-~ ~; and 
Sec. B-27. 14 MRSA §8104-A, sub-§I, F, as enacted by PL 1987, 
c. 740, §4, is amended to read: 
F. 
Snowmobiles, as defined in Title 12, section 78a~ l1QQl, 
subsection 9 ~; and 
Sec. B-28. 15 MRSA §I025, as amended by PL 2001, c. 604, §20, 
is further amended to read: 
§1025. Law enforcement officers 
A law enforcement officer making a warrantless arrest under 
Title 17-A, 
section 15 
may, 
without fee, 
take the personal 
recognizance of any defendant for appearance on a charge of a 
Class D or Class E crime. 
If authorized, 
a 
law enforcement 
officer may, without fee, 
take the personal recognizance with 
deposit 
in 
accordance 
with 
Title 
12, 
section 
1Q§~ ~, 
subsection 2, paragraph C; and Title 12, section 9707. The law 
enforcement officer's authority under this section continues as 
long as the arrestee remains in the officer's custody. 
Sec. B-29. 15 MRSA §3103, sub-§I, 1rE, as amended by PL 1997, 
c. 462, §2, is further amended to read: 
E. 
Offenses involving hunting or the operation or attempted 
operation of a watercraft, ATV or snowmobile while under the 
influence of intoxicating liquor or drugs, as defined in 
Title 
12, 
section 
14Q~ lQIQl, 
subsection 
~~--~ie~e--~~T 
6eeeieB--~~~---SQ&&e&~~&--~---~~~--~~7--~~--18~1T 
6Q96eeeieB-~r-~-~i~l&-~~-6eee4eB--~~~r-~4~-lQT 
Fe6peeeive~y 1., 
and offenses involving failing to aid an 
injured person or to report a hunting accident as defined in 
Title 12, section 14Q~T-6Q96eeeieB-l§ 11223; 
Sec. B-30. 17 MRSA §1031, sub-§I, tG, as amended by PL 2001, 
c. 617, §11, is further amended to read: 
G. 
Hunts, traps or sells for the purpose of hunting any 
animal, except as permitted pursuant to Title 7, chapter 
202-A and Title 12, Part lQ .ll; 
Sec. B-31. 17 MRSA §1031, sub-§2, te, as enacted by PL 1987, 
c. 383, §4, is amended to read: 
C. 
The defendant's conduct involved the use of live animals 
as bait or in the training of other animals in accordance 
with the laws of the Department of Inland Fisheries and 
Wildlife, Title 12, Part lQ .ll. 
Sec. B-32. 17 MRSA §1032, sub-§3, as enacted by PL 1987, c. 
383, §4, is amended to read: 
3. 
Exception. 
Nothing in this section may be construed to 
prohibit the shooting of wild game in its wild state or the 
shooting of birds at field trials under the supervision of the 
Department of Inland Fisheries and Wildlife in accordance with 
Title 12, chapter 1Q1 ~, subchapter IX .ll. 
Sec. B-33. 17 MRSA §1033, sub-§3, as enacted by PL 1987, c. 
383, §4, is amended to read: 
3. 
Affirmative defense. It is an affirmative defense to 
prosecution under subsections 1 and 27 that the activity charged 
involves the possession, training, exhibition or use of an animal 
in the otherwise lawful sport of animal hunting and the training 
or use of hunting dogs. It is also an affirmative defense that 
the defendant's conduct involved the use of live animals as bait 
or in the training of other animals in accordance with the laws 
of the Department of Inland Fisheries and Wildlife, Title 12, 
Part ~Q ll. 
Sec. B-34. 17 MRSA §3853-D, sub-§2, 1[8, as enacted by PL 1989, 
c. 289, is amended to read: 
B. 
"Motor vehicle" means 
any self-propelled vehicle not 
operated 
exclusively 
on 
tracks, 
including 
all-terrain 
vehicles as defined in Title 12, section 19§~ llQUl, but not 
including snowmobiles. 
Sec. B-35. 22 MRSA §1696-I, 2nd" 
as enacted by PL 1993, c. 
280, §1, is amended to read: 
If, in the professional judgment of the Director of the 
Bureau of Health, conditions exist in which consumption of fish 
caught in state waters poses a 
threat to public health, the 
director shall prepare an advisory of the public health threat. 
The advisory must be in a form sui table for posting in places 
frequented by noncommercial anglers, included in the abstract of 
fish and wildlife laws prepared under Title 12, section 1Q&4 
.1..Q.l.Q.l, 
subsection § 1. and distributed to all holders of sport 
fishing licenses. 
The director has final authority regarding the 
content of the advisory, including the exact language used in the 
advisory. 
The Commissioner of Inland Fisheries and Wildlife is 
responsible for printing and posting verbatim copies of the 
advisory and for incorporating the verbatim health advisory in 
the abstract of fish and wildlife laws. 
Sec. B-36. 25 MRSA §2001, sub-§3, 
as enacted by PL 1985, c. 
478, §2, is amended to read: 
3. 
Bunting knives. 
Knives 
used 
~e~--tRe--~~F~eses--e~ 
R~Bt~B~7-~~~~~-~Fa~piB~ to hunt. fish or trap as defined in 
Title 12, section 1QQ~ ~; 
Sec. B-37. 25 MRS A §2001, sub-§6, 
as amended by PL 2001, c. 
459, §l, is further amended to read: 
6. 
Licensed hunters and trappers. 
Firearms carried by any 
person engaged in conduct for which a state-issued hunting or 
trapping license is required and possessing the required license, 
or firearms carried by a 
resident person engaged in conduct 
expressly authorized by Title 12, section 11108 and section +~++T 
S1:l9Seet.i-&&&-~--and--a 12202, subsection 1. 
This subsection does 
not authorize or permit the carrying of a concealed or loaded 
firearm in a motor vehicle; and 
Sec. B-38. 26 MRSA §1043, sub-§II,~, as corrected by RR 2001, 
c. 1, §40, is amended by amending subparagraph (38) to read: 
(38) 
Services performed by a 
person licensed as 
a 
guide as required by Title 12, section +611 ~, as 
long as that employment is not subject to federal 
unemployment tax; 
Sec. B-39. 26 MRSA §1420-A, sub-§3, as enacted by PL 1995, c. 
560, Pt. F, §13, is amended to read: 
3. 
Guide dogs. 
Every deaf or hard-of-hearing person has 
the right to be accompanied by a guide dog, described and known 
as 
a 
"hearing dog," especially trained for the purpose, 
and 
identified by a collar and leash colored hunter orange, as that 
color is defined in Title 12, section +QQ1 10001, subsection 19 
.3,-'., in a place listed in subsection 2 without being required to 
pay an extra charge for the guide dog, except that the person is 
liable for any damage done to the premises or facilities by that 
dog. 
When the deaf or hard-of-hearing person is accompanied by a 
guide dog, 
the person must also carry a 
card, issued by the 
Bureau of Rehabilitation Services, that states that the dog is an 
especially trained guide dog and cites section 1420 and this 
section that allow for access by the person and the person's dog 
to streets, public places and public conveyances. 
Sec. B-40. 29-A MRSA §101, sub-§2S-A, as enacted by PL 2001, 
c. 197, §1, is amended to read: 
2S-A. 
Golf cart. 
"Golf cart" means a motor vehicle that is 
originally designed and manufactured for operation on a golf 
course for sporting or recreational purposes and that is not 
capable of exceeding speeds of 20 miles per hour. 
A-~e~f ~ 
cart~ does not include an ATV as defined in Title 12, section 
+8i1 11QQl. 
Sec. B-41. 29-A MRSA §101, sub-§32-A, as enacted by PL 1999, 
c. 660, §1, is amended to read: 
32-A. 
Low-speed vehicle. 
"Low-speed 
vehicle" 
means 
a 
4-wheeled automobile that is able to attain a speed of at least 
miles per hour but not more than 25 miles per hour and does 
not exceed 1800 pounds in unloaded weight. 
"Low-speed vehicle" 
does not include an ATV as defined in Title 12, section +89;1, 
l.3..Q..Q].. 
A low-speed vehicle must be originally manufactured and 
maintained in accordance with the Federal Motor Vehicle Safety 
Standards as a low-speed vehicle pursuant to 49 Code of Federal 
Regulations, Section 571.500 (1998). 
Sec. B-42. 29-A MRSA §lOl, sub-§42, 1A, as enacted by PL 1993, 
c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
A. 
A snowmobile as defined in Title 12, section +86;1, l1QQl; 
Sec. B-43. 29-A MRSA §lOl, sub-§42, f,B, as amended by PL 2001, 
c. 361, §2, is further amended to read: 
B. 
An a1l-terrain vehicle as defined in Title 12, section 
+85;1, l1QQl, unless the all-terrain vehicle is registered for 
highway use or is operated on 
a 
way 
and section 2080 
applies; and 
Sec. B-44. 29·A MRSA §lOl, sub-§91, as amended by PL 2001, c. 
687, §12, is further amended to read: 
91. 
Vehicle. 
"Vehicle" means a device for conveyance of 
persons 
or property on 
a 
way. 
"Vehicle" 
does 
not 
include 
conveyances propelled or drawn by human power or used exclusively 
on tracks or snowmobiles as defined in Title 12, section +86;b 
l.3..Q..Q]. 
or 
an electric personal 
assistive mobility device 
as 
defined in this section. 
Sec. B-45. 29-A MRS A §455, sub-§4, as amended by PL 1995, c. 
256, §1, is further amended to read: 
4. 
Initial contribution to Maine Environmental Trust Fund; 
renewal contribution. 
In addition to the regular motor vehicle 
registration fee prescribed by law for the particular class of 
vehicle registered, the initial contribution for environmental 
registration plates is $20, 
which must be deposited with the 
Treasurer of State and credited to the Maine Environmental Trust 
Fund established in Title 12, section ++59 ~. 
In 
addition 
to 
the 
regular 
motor 
vehicle 
registration 
fee 
prescribed by law for the particular class of vehicle registered, 
the annual renewal contribution for environmental registration 
plates is $15, which must be deposited with the Treasurer of 
State 
and 
credited 
to 
the 
Maine 
Environmental 
Trust 
Fund 
established in Title 12, section ++99 ~. 
Sec. B-46. 29-A MRS A §2251, sub-§ll, as enacted by PL 1993, c. 
683, Pt. A, §2 and affected by Pt. B, §5, is amended to read: 
11. 
Exemption. 
The operator of a snowmobile as-eeiiaee-ay 
'fit:;!,e--l~--&eG-t.-.i-Gn--+galT or an all-terrain vehicle as defined by 
Title 12, section +851 13001, unless the all-terrain vehicle is 
registered for highway use by the Secretary of State under this 
Title, is exempt from the reporting requirements of subsections 2 
and 5. 
Sec. B-47. 30-A MRSA §7502, sub-§l, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 
9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read: 
1. 
Fund established. 
There is established in each countYT 
one 
unorganized territory fund 
iaee tQ which 
saa;!,;!, ~ 
be 
credited all receipts under Title 12, section +8a4 10203 and 
Title 36, sections 1489 and 1606 and all other receipts waiea 
~ 
are allocated for municipal services in the unorganized 
territory, 
and 
from 
which 
all 
disbursements 
for 
municipal 
services in the unorganized territory saa;!,;!,-ae are made. 
Sec. B-48. 33 MRSA §1581, sub-§2, 1JC, as enacted by PL 1999, 
c. 371, §1, is amended to read: 
C. 
For use by all-terrain vehicles as defined in Title 12, 
section +8U .1.3..Q..Ql if the instrument creating the easement 
provides for the use of all-terrain vehicles; or 
Sec. B-49. 36 MRSA §655, sub-§l, 1[L, as amended by PL 1991, c. 
546, §9, is further amended to read: 
L. 
Registered snowmobiles as defined in Title 12, section 
+8al ~, subsection 5T ~ 
Sec. B-50. 36 MRSA §ll06-A, sub-§3, 1[C, as enacted by PL 1993, 
c. 452, §9, is amended to read: 
C. 
Public access open space is an area of open space land, 
whether ordinary, 
permanently protected or forever wild, 
that is eligible for an additional cumulative percentage 
reduction 
in 
valuation 
because 
public 
access 
is 
by 
reasonable means and the applicant agrees to refrain from 
taking 
action 
to 
discourage 
or 
prohibit 
daytime, 
nonmotorized and nondestructive public use. 
The applicant 
may permit, but is not obligated to permit as a condition of 
qualification 
for 
public 
access 
status, 
hunting, 
snowmobiling, overnight use or other more intensive outdoor 
recreational 
uses. 
The 
applicant, 
without disqualifying 
land from status as public access open space, may impose 
temporary or localized public access restrictions to: 
(1) 
Protect 
active 
habitat 
of 
endangered 
species 
listed under Title 12, chapter 7~~ ~, subchapter V ~; 
(2) 
Prevent destruction or harm to fragile protected 
natural resources under Title 38, chapter 3, subchapter 
I 1, article 5-A; or 
(3) 
Protect the recreational user from any hazardous 
area. 
Sec. B-51. 36 MRSA §1109, sub-§3, 1[M, as enacted by PL 1989, 
c. 748, §4, is amended to read: 
M. 
The identification of the land or of outstanding natural 
resources on the land by a legislatively mandated program, 
on the state, local or federal level, as particular areas, 
parcels, 
land types or natural resources for protection 
including, but not limited to, the Register of Critical 
Areas 
under 
Title 
5, 
chapter 
312; 
the 
laws 
governing 
wildlife sanctuaries and management areas under Title 12, 
section 10109, subsection 1 and sections 7951 ll2QQ and 7956 
l1ZQa: the laws governing the State's rivers under Title 12, 
chapter 200; 
the natural resource protection laws under 
Title 38, chapter 3, subchapter I 1, article 5-A; and the 
Maine Coastal Barrier Resources 
Systems under Title 38, 
chapter 21; or 
Sec. B-52. 36 MRSA §1481, sub-§3, as amended by PL 1991, c. 
546, §15, is further amended to read: 
3. 
Motor vehicle. "Motor vehicle" means any self-propelled 
vehicle 
not 
operated 
exclusively 
on 
tracks, 
including 
motorcycles, but not including aircraft. 
"Motor vehicle" does 
not include any vehicle prohibited by law from operating on the 
public highways. 
"Motor vehicle" does not include any snowmobile 
as defined in Title 12, section 7g61 13001. 
Sec. B-53. 36 MRSA §1481, sub-§5, as amended by PL 2001, c. 
396, §20, is further amended to read: 
5. 
Vehicle. "Vehicle" means a motor vehicle, mobile home, 
camper trailer, 
heavier-than-air aircraft or lighter-than-air 
aircraft. 
"Vehicle" does not include any snowmobiles as defined 
in Title 12, section 7g6~ llQQl. 
Sec. B-54. 36 MRSA §1503, sub-§I, 1fA, as enacted by PL 1983, 
c. 92, Pt. B, §9, is amended to read: 
A. 
Is required to be registered under Title 12, section 
7794 13056; or 
Sec. B-SS. 36 MRSA §lS03, sub-§8-B, as enacted by PL 1997, c. 
324, §4 and affected by §7, is amended to read: 
8-B. 
Registration period. 
"Registration period" means from 
January 
1st 
to 
December 
31st 
of 
the 
year 
for 
which 
the 
certificate of number is issued pursuant to Title 12, section 
++94 13056. 
Sec. B-S6. 36 MRSA §lS04, sub-§l, as amended by PL 1987, c. 
196, 
§§6 
and 
7, 
is further 
amended 
by 
amending 
the first 
paragraph to read: 
1. 
Payment schedu1e. 
An excise tax shaJ;.,l--&e II payable 
annually by the owner of each watercraft located in this State, 
except 
those 
exempt 
under 
subsection 4, 
within 
days 
of 
operation upon the waters of this State, or prior to obtaining a 
certificate of number pursuant to Title 12, section +794 ~, 
or prior to July 1st, whichever event first occurs, based on the 
following 
schedules. 
For 
1984, 
watercraft 
subject 
to 
the 
watercraft excise taxr-+Hl.,l.eh ~ 
are not required to register 
under Title 12, former chapter 715, 
sha~~ are not Be required to 
pay the excise tax until June 30, 1984. 
Sec. B-S7. 36 MRSA §lS04, sub-§4, 1IE, as enacted by PL 1983, 
c. 92, Pt. B, §9, is amended to read: 
E. 
Watercraft 20 feet or less in length whies thgt are not 
required to be registered under Title 12, 
section ++94 
13056. 
Sec. B-SS. 36 MRSA §lS04, sub-§7, as amended by PL 1985, c. 
726, §6, is further amended to read: 
7. 
Evidence of tax payment. Each watercraft, required to 
pay the excise tax established by this chapter but not required 
to be registered under Title 12, section 1194 13056, shaU !!lY.§.t 
display 
a 
current 
excise 
tax 
decal 
as 
directed 
by 
the 
commissioner. 
A current excise tax decal ssa~~ mY£t be issued by 
the municipal tax collector or tribal clerk upon the payment of 
all excise taxes due under this chapter. 
The commissioner shall 
make excise tax decals available at cost to municipalities and 
Indian reservations. 
For watercraft required to be registered 
under Title 12, section ++94 ~, the registration sticker 
sha~~-Be is considered evidence of tax payment. 
Sec. B-59. 36 MRS A §1504, sub-§9, 1fA, as amended by PL 1985, 
c. 726, §8, is further amended to read: 
A. 
Beginning March 1, 1984, payment of the excise tax and 
accrued interest, where applicable, is a prerequisite for 
obtaining a certificate of number of a watercraft under 
Title 12, section ++94 ~, and no registration may be 
renewed until all excise taxes and accrued interest, where 
applicable, with respect to the watercraft have been paid in 
accordance with this chapter. 
Sec. B-60. 36 MRSA §1752, sub-§7, as amended by PL 1991, c. 
546, §16, is further amended to read: 
7. 
Motor vehicle. "Motor vehicle" means any self-propelled 
vehicle designed for the conveyance of passengers or property on 
the public highways. 
"Motor vehicle" includes an all-terrain 
vehicle as-Qe~iBeQ-~~~it-~-~r-&&&~i&a-+g§l and a snowmobile as 
defined in Title 12, section +86l ~. 
Sec. B-61. 36 MRSA §1760, sub-§23-C, 1fA, as enacted by PL 
1999, c. 759, §2 and affected by §5, is amended to read: 
A. 
Motor vehicles, except all-terrain vehicles 
as-4-e~iBeEi. 
iB--~i-t,.],e.--l-6-,.---se€~i-E)B--+g§l and snowmobiles as defined in 
Title 12, section +86l ~; 
Sec. B-62. 36 MRSA §1760, sub-§25-A, as amended by PL 1995, c. 
467, §15, is further amended to read: 
25-A. 
All-terrain 
vehicles. 
All-terrain 
vehicles 
as 
defined 
in 
Title 
12, 
section 
+8§l 
l.3.Q.Q.1 
purchased 
by 
a 
nonresident and intended to be driven or transported outside the 
State immediately upon delivery by the seller. 
The purchaser is 
exempt from use tax, unless the all-terrain vehicle is present in 
the State for more than 30 days during the 12-month period 
following the date of purchase or is registered in the State 
without being registered in another state within 12 months of the 
date of purchase; 
Sec. B-63. 36 MRSA §1760, sub-§25-B, as enacted by PL 1995, c. 
467, §16, is amended to read: 
25-B. 
SnolftllObiles. 
A snowmobile, as that term is defined 
in Title 12, section +i6l 11QQl, subsection § ~, purchased by a 
person who is not a resident of this State; 
Sec. B-64. 36 MRSA §1952-A, as amended by PL 1995, c. 625, 
Pt. A, §50, is further amended to read: 
§1952-A. Payment of tax on vehic1es and watercraft 
The tax imposed by chapters 211 to 225 on the sale or use of 
any vehicle or watercraft must, except where the dealer of the 
vehicle or watercraft has collected the tax in full, be paid by 
the purchaser or other person seeking registration of the vehicle 
or watercraft at the time and place of registration of the 
vehicle or watercraft. In the case of vehicles except snowmobiles 
and all-terrain vehicles, 
the tax must be collected by the 
Secretary of State and transmitted to the Treasurer of State as 
provided by Title 29-A, section 409. 
In the case of watercraft, 
snowmobiles and all-terrain vehicles, the tax must be collected 
by 
the 
Commissioner 
of 
Inland 
Fisheries 
and 
Wildlife 
and 
transmitted to the Treasurer of State as provided by Title 12, 
sections ++9~-A-~~-~~~r-+i~4-A-~~-~-eE-~~~~-+i§4-E 
13002 to 13005. 
Sec. B·65. 36 MRSA §1955·C, as amended by PL 1995, c. 467, 
§19, is further amended to read: 
§1955-C. Assessment for vehic1es 
Certificates forwarded to the State Tax Assessor under Title 
29-A, section 409, subsection 4 or Title 12, section 
++9~-bT 
+i~4-~--o-r--+i§4-(; 13003, must be treated as returns filed under 
this Title for purposes of section 141. 
Sec. B·66. 36 MRSA §2903-D, sub·§2, ,A, as enacted by PL 2001, 
c. 693, §7 and as affected by §11, is amended to read: 
A. 
The 
Commissioner 
of 
Inland 
Fisheries 
and 
wildlife 
receives 
14. 93'%. 
of 
that 
amount, 
to 
be 
used 
by 
the 
commissioner for the purposes set forth in Title 12, section 
+i~4 1893, 
subsection 
3, 
section 
10206. 
subsection 
2. 
section 13104. 
subsections 
to 
and 
section 13105, 
subsection 1; and 
Sec. B-67. 36 MRSA §2903-D, sub-§3, 1[8, as enacted by PL 2001, 
c. 693, §7 and as affected by §11, is amended to read: 
B. 
The ATV Recreational Management Fund, established in 
Title 12, section 7i§4 .l.a2.l, subsection 4T-i?CC-aqr~-8T -'-
receives 50'%. of that amount. 
Sec. B-68. 36 MRSA §5284, as amended by PL 1995, c . 639 , § 3 0 , 
is further amended to read: 
§5284. Nongame vi1d1ife vo1untary checkoff 
1. 
Maine Endanqered and Nonqame Wildlife Fund. 
Taxpayers 
who, when filing their return, are entitled to a refund under 
this Part may designate that a part of that refund be paid into 
the Maine Endangered and Nongame Wildlife Fund established in 
Title 12, section ++9+~. A taxpayer who is not entitled to 
a refund under this Part may contribute to the Maine Endangered 
and Nongame Wildlife Fund by including with that taxpayer's 
return 
sufficient 
funds 
to 
make 
the 
contribution. 
Each 
individual income tax return form must 
substantially 
the 
following 
form: 
Endangered and Nongame Wildlife Fund: 
$25 or ( 
) Other $ 
" 
contain a designation in 
"Contribution 
to 
Maine 
) $5, 
) $10, 
2. 
Contributions credited to Maine Endanqered and Nonqame 
Wildlife Fund. The State Tax Assessor shall determine annually 
the total amount contributed pursuant to subsection 1. 
Prior to 
the beginning of the next year, he the assessor shall deduct the 
cost of administering the nongame checkoff, but not exceeding 
$5,000 annually, and report the remainder to the Treasurer of 
State, who shall credit that amount to the Maine Endangered and 
Nongame Wildlife Fund, which is established in Title 12, section 
++9+ ~. 
Sec. B-69. 37-B MRSA §183, sub-§l, as amended by PL 1995, c. 
600, §4, is further amended to read: 
1. 
Activation of Maine National Guard. In the event of 
illness, injury, missing persons or loss of life, creating an 
emergency that requires specialized personnel or equipment of the 
Maine National Guard to prevent human suffering, increased health 
risk or loss of life, the Governor or the Governor's designee may 
order into active state service the necessary personnel 
and 
equipment of the Maine National Guard. 
Human health emergencies 
may include medical evacuation and search and rescue under Title 
6, 
section 303 
and Title 12, 
section 
+Q~9 ~, which may 
include 
providing 
emergency 
helicopter airlift service. 
Any 
person ordered into active state service, for the purposes of 
this subsection, is considered a state employee for purposes of 
the Maine Tort Claims Act and that person's liability is limited 
by that Act. 
Sec. B-70. 38 MRSA §423, as amended by PL 1989, c. 502, Pte 
B, §49, is further amended to read: 
§423. Discharqe of vaste frODl watercraft 
He A person, firm, corporation or other legal entity may nQt 
discharge, spill or permit to be discharged sewage, garbage or 
other pollutants from watercraft, as defined in Title 12, section 
++91 13001, 
subsection 14 28, 
and including houseboats, 
into 
inland waters of this State, or on the ice t:aeFeef of inland 
waters, or on the banks t:aeFeef of inland waters in such a manner 
that the same may fall or be washed into such waters, or in such 
manner that the drainage t:heFefFelR from the sewage, garbage or 
other pollutants may flow into such waters. 
Any watercraft, as defined in Title 12, section 779~ ~, 
subsection ~4 ~, including houseboats, operated upon the inland 
waters of this State and having a permanently installed sanitary 
waste disposal system shall I!ll!tt have securely affixed to the 
interior discharge opening of such sanitary waste disposal system 
a holding tank or sui table container for holding sanitary waste 
material so as to prevent its discharge or drainage into the 
inland waters of the State. 
Sec. B-71. 38 MRSA §480-R, sub-§2, as amended by PL 1989, c. 
546, §7 and affected by c. 890, Pt. A, §40 and amended by Pt. B, 
§82, is further amended to read: 
2. 
Enforcement. 
In addition to department staff, inland 
fisheries 
and 
wildlife 
game 
wardens, 
Department 
of 
Marine 
Resources marine patrol officers and all other law enforcement 
officers 
enumerated in Title 12, 
section 
7999T 
10401 shall 
enforce the terms of this article. 
Sec. B-72. 38 MRSA §1861, sub-§3, as enacted by PL 2001, c. 
434, Pt. A, §7, is amended to read: 
3. 
Watercraft. 
"Watercraft" has the same meaning as in 
Title 12, section 779~ 13001, subsection ~4 ~. 
Sec. B-73. 38 MRSA §1863, as enacted by PL 2001, c. 434, Pt. 
A, §7, is amended to read: 
§1863. Invasive Aquatic Plant and Nuisance 
Species Fund 
The 
Invasive 
Aquatic 
Plant 
and 
Nuisance 
Species 
Fund, 
referred to in this section as the "fund," is created within the 
department as a nonlapsing fund. 
The fund is administered by the 
commissioner. 
The fund is funded from fees collected for lake 
and river protection stickers issued under Title 12, section 
7794-8 13058, subsection 3 and from other funds accepted for 
those purposes by the commissioner or allocated or appropriated 
by the Legislature. 
Money in the fund may be used only for costs 
related to conducting inspections under section 1862, conducting 
invasive aquatic plant prevention, containment, eradication and 
management activities and reimbursing agencies as necessary for 
costs associated with conducting or enforcing the provisions of 
this chapter and chapter 20-B. 
The commissioner may also use 
funds 
to 
contract with municipalities 
or 
other entities 
to 
conduct inspection, prevention or eradication programs to protect 
the inland waters of the State from invasive aquatic plant and 
nuisance species. 
PARTC 
Sec. C-l. 12 MRSA §1893, sub-§§2 and 3 are enacted to read: 
2. 
AN Recreational ManagemeDt Fund. 
The ATV Recreational 
Management Fund, referred to in this subsection as "the fund," is 
established and administered by the department. 
A. 
The fund may be used to conduct research on issues 
related to the management of ATYs: assist in the formation 
of nonprofit ATV groups: 
make grants-in-aid to political 
subdivisions, 
educational 
institutions. 
regional 
planning 
agencies. ATV groups and others to construct and maintain 
ATV trails or to otherwise carry out the purposes of the 
fund: assist in the design and development of ATV trails: 
provide protection to landowners against ATV-related suit or 
liability: or otherwise provide for the wise and orderly 
management of ATVs. 
B. 
If any money in the fund is not expended during the year 
in which it is collected. the unexpended balance may not 
lapse. but must be carried as a continuing account available 
for the purposes specified until expended. 
3. 
Use of fees. 
This subsection applies to the use of 
fees credited to the Snowmobile Trail Fund. 
A. 
The bureau is authorized to use the money credited to 
the Snowmobile Trail Fund to make grants-in-aid to political 
subdivisions. 
educational 
institutions. 
regional 
planning 
agencies. snowmobile groups and others for the construction 
and 
maintenance 
of 
snowmobile trails 
and 
for 
research. 
development and planning of snowmobile trails. 
(1) 
For all grants disbursed after July 1. 1984. the 
bureau shall adopt rules specifying how to apply for 
the grants. which projects are eligible and the formula 
for state support. 
( 2) 
The bureau may charge a reasonable fee for these 
services and materials when the money credited to it 
under this paragraph is insufficient to satisfy the 
demand for the services and materials. All fees 
so 
collected must be deposited in the Snowmobile Trail 
~ 
(3) 
If any of the money is not expended during the 
year in which the money is collected. the unexpended 
balance does not lapse. but is carried as a continuing 
account 
available 
for 
the 
purposes 
specified until 
expended. 
B. 
The bureau is authorized to use money credited to the 
Snowmobile Trail 
Fund 
for 
snowmobile trail acguisition. 
including. but not limited to. the purchase or lease of real 
estate, 
grants 
to 
snowmobile 
clubs, 
municipalities 
and 
counties for the acguisition of snowmobile trail maintenance 
eguipment and the acguisition of easements, construction, 
development, 
planning 
and 
maintenance 
and 
for 
providing 
educational 
and 
informational materials 
for 
the 
use 
of 
operators of snowmobiles and for research. 
C. 
The money distributed to municipalities by the bureau 
under 
this 
subsection 
may 
be 
appropriated 
by 
the 
municipalities for any purpose for which they may lawfully 
appropriate money. 
Sec. C-2. 12 MRSA §9908 is enacted to read: 
§9908. Unlawful fishing for Atlantic s.,lmon 
1. 
Prohibition. 
A person may not fish for Atlantic salmon 
in violation of the provisions of this Part. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime, and the court shall impose an additional fine of 
$500« none of which may be suspended, for each Atlantic salmon 
unlawfully possessed. 
PARTD 
Sec. D-l. Rules; transition. 
All rules adopted by any state 
agency, department or board under the authority of the Maine 
Revised Statutes, Title 12, 
former Part 10 continue in force 
until they are repealed, rescinded, amended or revoked. 
Sec. D-2. Rule-making authority. 
All 
rule-making authority 
enacted in Part A of this Act is a continuation of rule-making 
authority contained in the Maine Revised Statutes, Title 12, 
former Part 10, and is not new rule-making authority for the 
purposes 
of 
Title 
5, 
chapter 
375, 
subchapter 
2-A. 
Notwithstanding Title 5, chapter 375, subchapter 2-A, any change 
to 
a 
major 
substantive 
rule 
to 
reflect 
updated 
cross-references necessitated by Part A of this Act 
require legislative review under that subchapter. 
statutory 
does not 
Sec. D-3. Continuation of terms. 
Nothing in Part A of this Act 
is intended to affect the terms of members 
serving on the 
effective date of this Act on the Inland Fisheries and Wildlife 
Advisory Council established in the Maine Revised Statutes, Title 
12, former section 7033-A, the Maine Outdoor Heritage Fund Board 
established in Title 12, former section 7788, the Advisory Board 
for the Licensing of Guides established in Title 12, 
former 
section 
7320, 
the 
Advisory 
Board 
for 
the 
Licensing 
of 
Taxidermists established in Title 12, former section 7355, the 
Advisory Board for the Licensing of Whitewater Guides established 
in Title 12, former section 7366-A, the Junior Maine Guides and 
Trip Leaders Curriculum Advisory Board established in Title 12, 
former 
section 
7323 
and 
the 
Whitewater 
Safety 
Committee 
established in Title 12, former section 7367. 
Sec. D-4. 
Legislative intent. 
It is 
the 
intent 
of 
the 
Legislature that this Act be 
considered a 
recodification of 
certain laws governing inland fisheries and wildlife and that 
this Act not be considered to change or revise in any way the 
meaning or intent of those laws. 
Sec. D-S. Authorization to report out legislation. 
The 
joint 
standing committee of the Legislature having jurisdiction over 
inland fisheries and wildlife matters may report out to the 
Regular Session of the 122nd Legislature legislation, including 
legislation to correct and update any cross-references, related 
to and necessitated by the recodification enacted by this Act. 
Sec. D-6. Effective date. 
This Act takes effect 90 days after 
adjournment 
of 
the 
Second 
Regular 
Session 
of 
the 
121st 
Legislature. 
SUMMARY 
This bill recodifies the Maine Revised Statutes, Title 12, 
Part 10 pursuant to Joint Order 2003, Senate Paper 440.