An Act To Encourage Hunting by Improving Hunting Laws
Maine Legislature, Session 121, LD 1238
Committee: Inland Fisheries and Wildlife
Sponsors: HONEY, BRYANT, McGLOCKLIN, RICHARDSON, TOBIN, WHEELER, WOTTON, CARPENTER
Amends: 12 MRSA §7001, 12 MRSA §7102-A, 12 MRSA §7106-B, 12 MRSA §7111, 12 MRSA §7240, 12 MRSA §7406, 12 MRSA §7451, 12 MRSA §7452, 12 MRSA §7458, 12 MRSA §7463-A, 12 MRSA §7464, 12 MRSA §7469, 12 MRSA §7501, 12 MRSA §7531, 12 MRSA §7532-A, 12 MRSA §7533

Legislative Document 
No. 1238 
H.P.912 
House of Representatives, March 6, 2003 
An Act To Encourage Hunting by Improving Hunting Laws 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Representative HONEY of Boothbay. 
Cosponsored by Senator BRYANT of Oxford and 
!r/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: McGLOCKLIN of Embden, RICHARDSON of Greenville, TOBIN of 
Dexter, WHEELER of Kittery, WOTTON of Littleton, Senator: CARPENTER of York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §7001. sub-§lS. as amended by PL 1999, c. 147, 
§l, is further amended to read: 
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15. 
Hunt. 
To "hunt" means to 
~'U:S1:ieT catch, take, kill or 
harvest wild animals or wild birds or to attempt to catch, take, 
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kill or harvest wild animals or wild birds. 
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Sec. 2. 12 MRSA §7102-A. sub-§6. 1fC. as amended by PL 2001, c. 
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387, §9, is further amended to read: 
C. 
The 
commissioner 
shall by rule establish 
a 
special 
archery 
season 
beginning 
at 
least 
days 
prior 
and 
extending to 
the beginning of the 
regular deer hunting 
season, 
as 
described 
in 
section 
7457, 
subsection 
1, 
paragraph A, 
for the purpose of hunting deer with bow and 
arrow only. 
During the special archery season on deer, the 
following restrictions apply. 
stock 
(1) 
Deer may be taken only by means of a hand-held bow 
and broadhead arrow: 
(a) 
Bows must have a minimum draw weight of 35 
pounds; and 
(b) 
Arrowheads must be at least 7/8 inch in width. 
(2) 
A person may not carry firearms of any kind while 
hunting any species of wildlife with bow 
and arrow 
during the special archery season on deer, except that 
any person who holds a license that allows hunting with 
firearms may carry a handgun. 
(3) 
If a person takes a deer with bow and arrow during 
the special archery season on deer, 
that person is 
precluded from further hunting for deer during that 
year, except for an expanded archery season established 
by the commissioner pursuant to this Part. 
(4) 
Except 
as 
provided 
in 
this 
subsection, 
the 
provisions of chapters 701 to 721 concerning deer are 
applicable to the taking of deer with bow and arrow, 
including 
the 
transportation, 
registration 
and 
possession of deer taken by this method. 
Sec. 3. 12 MRSA §7106-B, sub-§3-A is enacted to read: 
3-A. Landowners. 
Notwithstanding section 7240, a person may 
pheasants on land owned by that person without a permit 
Page l-LR0486(1) 
required under section 7240 
as long as that person does not 
charge 
a 
fee 
to 
hunt 
pheasants 
on 
that 
person's 
land. 
Notwithstanding subsection 4, 
a pheasant hunting permit is not 
required to hunt pheasants stocked by a 
landowner under this 
subsection on that landowner's land. 
Sec. 4. 12 MRSA §7111, as amended by PL 1993, c. 574, §14, is 
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repealed. 
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Sec. 5. 12 MRSA §7240, sub-§I. as enacted by PL 1979, c. 420, 
§1, is amended to read: 
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1. 
Issuance. The commissioner may issue a written permit to 
any person permitting aim that person to import pheasants, alive, 
dead or dressed. 
A landowner is not required to obtain a permit 
II, 
under this section if that landowner meets the requirements of 
section 7106-B, subsection 3-A. 
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Sec. 6. 12 MRSA §7406, sub-§13, as amended by PL 1983, c. 215, 
1S further amended to read: 
13. 
Discharging firearm near dwelling. 
Unless a relevant 
municipal ordinance provides otherwise and except as provided in 
section 7501 
and 
7502, 
a 
person 
is-~~~~~y-~--~~£££~~~~£~--a 
Ei~ea~m-~F---a--Elwe**iH'3--i-f--£-e--Eli-&eaa~'3es may not discharge a 
firearm within 100 yards of a residential dwelling without the 
permission of the owner or, in ais the owner's absence, of an 
adul t 
occupant of that residential dwelling. 
Nothing in this 
subsection may be construed to prohibit a person from killing or 
taking a wild animal in accordance with sections 7501 and 7502. 
Sec. 7. 12 MRSA §7406. sub-§16. 1fE. as amended by PL 1997, c. 
243, §2, is further amended to read: 
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E}£ e e fl t: - a6 -
p-£.ffif~ ~-etl- ~-n- -trUb&e-a-t-i<m- --2-(}., -J:+a-F-aq.I=-a-~R- -G r - e ~ e e t: s 
Erects or uses eit:ae~--a-~~~~-e~ £ permanent tree ladder 
or stand attached to a tree on the land of another person, 
unless: 
(1) 
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 
(2) 
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. 
Sec. 8. 12 MRSA §7406, sub-§17, ,H and I, as enacted by PL 
1979, c. 420, §1, are repealed. 
Sec. 9. 12 MRSA §7406, sub-§17, ,K, as amended by PL 1999, c. 
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53, §1, is further amended to read: 
K. 
Uses 
aB--ar-t.-i-t-i-<H.-a-1--1i~at:T 
£;1 snare, trap or set gun to 
hunt deer or moose or uses an artificial light to hunt deer 
or moose during the firearm or muzzle-loading season on deer; 
Sec. 10. 12 MRSA §7406, sub-§20. ,A, as amended by PL 2001, c. 
387, §20, is further amended to read: 
A. 
Notwithstanding the provisions of subsection 9-A: 
(1) 
A person 
may 
hunt migratory waterfowl 
from 
a 
motorboat in accordance with federal regulations; 
(2) 
A person who has a valid Maine permi t to carry a 
concealed weapon may have in or on a motor vehicle or 
trailer a 
loaded pistol or revolver covered by that 
permit; 
(3) 
Paraplegics 
legs may shoot 
motion; and 
and single or double amputees 
from motor vehicles that are 
of the 
not in 
,2 g 
(4) 
A person may shoot from a motorboat waeH-t:ae-met:eF 
i6-£fl~~-~-t-~-1::he-aeat:-~~-~-if~-~r-&&~aeGr-meeFeaT 
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Fe 6 t: i H~ - -a 1:: - -a-ae-ae-1'- - -<H'- - -i-&- - -he-i -fl9- - f>"£ -ef>€.,l.,l €B- - 6 e J. eJ. y - - By 
paaaler--eaFs--eF--pele 
if 
that 
boat 
is 
not 
being 
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propelled by its motor. 
Sec. 11. 12 MRSA §7406, sub-§20, ,C, as enacted by PL 1995, c. 
667, Pt. A, §31, is repealed. 
Sec. 12. 12 MRSA §7451, sub-§3, ,A, as amended by PL 1997, c. 
432, §42, is further amended to read: 
A. 
Bait may not be used to hunt or trap black bear, unless: 
(1) 
The bait is placed at least 50 yards from any 
travel way that is accessible by a conventional 2-wheel 
or 4-whee1 drive vehicle; 
(2) 
The stand, blind or bait area is plainly labeled 
with a 2-inch by 4-inch tag with the name and address 
of the baiter; 
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(3) 
The bait is placed more than 500 yards from aRY 
El1:lHlP a site permitted or licensed for the disposal of 
solid waste or £ campground; 
(4) 
The bait is placed more than 500 yards from an 
occupied dwelling, unless written permission is granted 
by the owner or leasee; 
(5) 
The bait is placed not more than 30 days before 
the opening day of the season and not after October 
31st; 
(6) 
The bait areas will be cleaned up by November 
10th, as defined by the state litter laws; and 
(7) 
The person hunting from 
another person has permission 
stand or blind. 
any 
of 
stand or blind of 
the owner 
of that 
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Sec. 13. 12 MRSA §7451. sub-§4. as amended by PL 1997, c. 463, 
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§l, is further amended to read: 
4. 
Bear tags. 
The commissioner shall prescribe the form 
and content of a bear tag 
aREl--6·ha-:l-:l--pr--odu-oe--a--aea'F--t.~-t:ha-t:--is 
pa~~-B~-~~~~~-RaR~iR~-li€eH6e-~-6-6~~~~-~~~-y~a-~-199g 
aREl-~Re~eaE~e~. 
Sec. 14. 12 MRSA §7452, sub-§5, as repealed and replaced by PL 
1987, c. 587, is amended to read: 
5. 
Hunting or trapping bear near dumps. 
The commissioner, 
or 
the 
commissioner's 
agent, 
shall 
establish 
a 
line 
of 
demarcation at least 
6GG 
yards 
from 
sites permitted or 
licensed for the disposal of solid waste. 
A person is-~ail~y-eE 
RaR~iR~-~--t.~~~~~-a~a~-El~mF6-~~-~~-~~a-RaR~s may not 
hunt, 
~~aps trap, 
meles~s molest or 
Ra~as6e6 harass bear or 
~eleases release dogs for the purpose of hunting bear within this 
area. 
The commissioner, or the commissioner's agent, is exempt 
from this prohibition for the purpose of live trapping nuisance 
bears. 
Sec. 15. 12 MRSA §7452. sub-§8. as amended by PL 1999, c. 403, 
§20, is repealed. 
Sec. 16. 12 MRSA §7452, sub-§12, as amended by PL 1999, c. 
II; 
322, §l, is repealed. 
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Sec. 17. 12 MRSA §7452, sub-§13. as amended by PL 1999, c. 
322, §2, is repealed and the following enacted in its place: 
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13. 
Illegally 
transporting 
bear. 
Except 
as 
otherwise 
provided in chapters 
to 
721, 
a 
person may 
not move 
or 
transport any bear, unless: 
A. 
The bear is open to view; 
B. 
A bear tag that conforms to the reguirements of section 
7451, subsection 4 is securely attached to the bear; or 
C. 
The person who killed the bear accompanies the bear 
while it is being moved or transported prior to the lawful 
registration of that bear. 
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Sec. 18. 12 MRSA §7452. sub-§14. as amended by PL 1999, c. 
322, §3, is repealed. 
Ib 
Sec. 19. 12 MRSA §7452, sub-§15. ,G, as amended by PL 1981, c. 
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644, §23, is repealed. 
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Sec. 20. 12 MRSA §7458, sub-§8. as repealed and replaced by PL 
1993, c. 438, §31, is repealed. 
Sec. 21. 12 MRSA §7458, sub-§9, as amended by PL 1999, c. 403, 
~4 
§22, is repealed. 
Sec. 22. 12 MRSA §7458. sub-§11. as amended by PL 1999, c. 
322, §8, is repealed and the following enacted in its place: 
11. 
Illegally 
transporting 
deer. 
Except 
as 
otherwise 
provided in chapters 
to 
and 
except 
as 
provided 
in 
subsection 15, paragraphs C-1 and C 2, a person may not move or 
transport a deer unless: 
II, 
A. 
The deer is open to view; 
B. 
A deer tag bearing the name and address of the person 
who killed the deer that conforms to the reguirements of 
section 7457, subsection 3 is securely attached to the deer; 
or 
C. 
The person who killed the deer accompanies 
the deer 
while it is being moved or transported prior to the lawful 
registration of that deer. 
Sec. 23. 12 MRSA §7458. sub-§12. as amended by PL 1999, c. 
322, §9, is repealed. 
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Sec. 24. 12 MRSA §7458, sub-§15, ,H, as enacted by PL 1993, c. 
156, §2, is repealed. 
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Sec. 25. 12 MRSA §7463-A. sub-§9. as enacted by PL 1981, c. 
118, §2, is amended to read: 
9. 
Bag limit. The bag limit is one moose per permit holder. 
In the case of a permittee and a subpermittee, the permit shall 
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allew allows one of them to take one moose. 
Except as provided 
in sections 7501 and 7502, a person may not shoot more than one 
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moose in a calendar year. 
III 
Sec. 26. 12 MRSA §7463-A. sub-§13.1[D, as enacted by PL 1993, 
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c. 577, §l, is amended to read: 
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 
permi t 
under this subsection and the bidding fee submitted 
by that person must be refunded. 
The name of a person who 
is awarded a 
moose permit under this subsection must be 
removed from the public chance drawing for that year. 
Sec. 27. 12 MRSA §7464, sub-§3. 1[C, as repealed and replaced 
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by PL 1999, c. 790, Pt. A, §16, is amended to read: 
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C. 
The person who killed the moose does not accompany the 
moose while it is being moved or transported er-~~~-~he 
meese-~B-~-~~~~rB&G-while-~~~Bmpa£~€~-~-a~~a&r-~erseB 
wi~he~~-~~i~~-~he-~~~~~~~-~ermi~-~~~~-~Baer 
see~ieB-+§~l prior to the lawful registration of that moose. 
Sec. 28. 12 MRSA §7464, sub-§7. as amended by PL 1993, c. 438, 
§34, is repealed. 
Sec. 29. 12 MRSA §7469, sub-§3, 1[B, as enacted by PL 1985, c. 
,,, 
95, §1, is amended to read: 
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B. 
The person who killed the wild turkey does not accompany 
the wild turkey while it is being moved or transported prior 
to the lawful registration of that wild turkey. 
Sec. 30. 12 MRSA §7469, sub-§6, as enacted by PL 1985, c. 95, 
§l, is amended to read: 
6. 
Keeping unregistered wild turkey. 
A person is-~~il~y-e£ 
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kee~iB~-~£--urH"-eq-i-s-t-e-r-ed--wi1-a-t.RFkey--i...f---he--kee~s may not keep an 
unregistered wild turkey at his that person's home, or any place 
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of storage except at an official wild turkey registration station 
or at the office of an inland fisheries and wildlife warden, for 
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more than 1& II hours. 
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Sec. 31. 12 MRSA §7469, sub-§8, as enacted by PL 1985, c. 95, 
§l, is repealed. 
Sec. 32. 12 MRSA §7501, as amended by PL 2001, c. 655, §14, 
" 
is further amended by adding at the end a new paragraph to read: 
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The commissioner may suspend laws relating to raccoons and 
bears in such restricted localities and for such periods of time 
LU 
as 
the 
commissioner 
finds it advisable 
to 
relieve excessive 
damage being done by those animals to sweet corn or other crops. 
1.2 
The commissioner may suspend section 7504, subsection 6 for the 
purpose of allowing dogs 
to be 
used in hunting and killing 
II 
nuisance animals, 
as long as the dogs are under the personal 
supervision of the owner at all times, for such periods of time 
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as the commissioner finds it advisable. 
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Sec. 33. 12 MRSA §7531, as amended by PL 1999, c. 322, §14, 
is repealed. 
Sec. 34. 12 MRSA §7532-A. as enacted by PL 1999, c. 322, §16, 
is repealed. 
Sec. 35. 12 MRSA §7533, as enacted by PL 1979, c. 420, §l, is 
repealed . 
Sec. 36. 12 MRS A §7901-A, sub-§6, ,C, as amended by PL 2001, 
c. 655, §18 and c. 667, Pt. B, §10, is repealed and the following 
enacted in its place: 
C. 
Chapter 709, subchapter 3 violations: 
(1) 
Hunting or trapping bear near dumps as described 
in section 7452, subsection 5; 
(2) 
Failure 
to 
attach 
a 
bear 
tag 
to 
a 
bear 
as 
described in section 7452, subsection 11; 
(3) 
Illegally 
transporting 
bear 
as 
described 
In 
section 7452, subsection 13; 
(4) 
Hunting migratory game birds without certification 
as described in section 7456, subsection I-A; 
( 5) 
Hunting waterfowl on Haley Pond as described in 
section 7456, subsection 2; 
(6) 
Hunting deer with .22 caliber rim fire cartridge 
as described in section 7458, subsection 13; 
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(7) 
Use of 
a 
firearm in the Town of Southport as 
described in section 7458, subsection 14; 
(8) 
Possessing or transporting wild hares or rabbits 
as described in section 7462, subsection 4; 
(9) 
Failure to attach a 
moose 
tag to 
a 
moose 
as 
described in section 7464, subsection 6; 
(10) 
U:;;e of illegal firearms as described in section 
7464, subsection 8-A; 
(11 i 
Ill§gal hunting methods as der;!cribed in section 
7464, subsection 8-C; 
(12) 
Failure to attach a wild turkey tag to a wild 
turkey as described in section 7469, subsection 7; and 
(13) 
Taking of snakes and turtles from the wild for 
commercial purposes as described in section 7471; 
SUMMARY 
This bill does the following: 
1. 
It amends the definition of "hunt" to exclude the word 
~~~ 
"pursue"; 
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2. 
It excludes the expanded archery deer season from the 
prohibi tion on hunting another deer after having harvested one 
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wi th a bow and arrow during the special archery season; 
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3. 
It allows 
a 
landowner 
to 
stock 
pheasants 
on 
that 
person's property without a permit and allows the free hunting of 
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those pheasants without a hunting license or permit; 
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4. 
license; 
It 
repeals 
the 
unconventional 
weapon 
deer 
hunting 
5. 
It clarifies that the prohibition against discharging a 
weapon near a dwelling applies to residential dwellings; 
6. 
It 
landowner's 
landowner's 
removes the requirement that a person must get a 
permission before using a portable tree stand on that 
property; 
1:1 
7. 
It repeals the prohibitions against leaving duck decoys 
and stationary blinds on the waters of Merrymeeting Bay overnight; 
8. 
It amends 
the prohibition on the use of artificial 
lights to hunt deer or moose to allow such use except during the 
firearm or muzzle-loading season; 
9. 
It allows a person to shoot from a boat as long as the 
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boat is not being propelled by its motor; 
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10. 
It amends the law to remove the requirement that the 
Department of Inland Fisheries and Wildlife provide bear tags as 
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part of the big game license; 
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11. 
It repeals the prohibition against a person killing a 
bear and failing to take the bear with that person; 
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12. 
It 
repeals 
provisions 
of 
law 
limiting 
the 
transportation of bear and deer out of the State; 
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13. 
It repeals the prohibition on baiting deer; 
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14. 
It clarifies that a person may shoot only one moose per 
year and requi res that the name of a person who is awarded a 
moose permit through the auction program is removed 
from the 
chance drawing; 
15. 
It repeals the provisions of law prohibiting possession 
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of 
a 
gift bear, 
deer, 
moose 
or wild 
turkey unless 
certain 
conditions are met; 
16. 
It allows the Commissioner of Inland Fisheries 
and 
,II 
Wildlife to suspend the game 
laws regarding game animals that 
become nuisance animals and to allow those animals to be hunted 
with dogs; 
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17. 
It amends the prohibition on placing bear bait wi thin 
yards of a dump by clarifying the word "dump" to mean a site 
: I, 
permi tted or licensed for the disposal of solid waste and extends 
the demarcation line around disposal sites to 500 yards; 
18. 
It extends the period of time a person can keep an 
I' I 
unregistered wild turkey from 12 to 18 hours, which is an amount 
of 
time consistent with that allowed 
for 
keeping other game 
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animals; and 
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19. 
It amends the law to remove provisions pertaining to 
the transportation of harvested wild animals and wild birds.