An Act To Revise Certain Provisions of Maine's Fish and Wildlife Laws
Maine Legislature, Session 121, LD 1482
Committee: Inland Fisheries and Wildlife
Sponsors: DUNLAP, BRYANT, HONEY, PELLON, TRAHAN, USHER, WATSON, WHEELER, WOTTON, CARPENTER
Amends: 12 MRSA §7035, 12 MRSA §703, 12 MRSA §7071, 12 MRSA §7076, 12 MRSA §7079-B, 12 MRSA §7109, 12 MRSA §7367, 12 MRSA §7451, 12 MRSA §7457, 12 MRSA §74, 12 MRSA §7463-A, 12 MRSA §7469, 12 MRSA §7827

Legislative Document 
No. 1482 
H.P.1087 
House of Representatives, March 31, 2003 
An Act To Revise Certain Provisions of Maine's Fish and Wildlife 
Laws 
(EMERGENCY) 
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Representative DUNLAP of Old Town. 
Cosponsored by Senator BRYANT of Oxford and 
1Jf~ 
117.1ll~~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: HONEY of Boothbay, PELLON of Machias, TRAHAN of Waldoboro, 
USHER of Westbrook, WATSON of Bath, WHEELER of Kittery, WOTTON of Littleton, 
Senator: CARPENTER of York. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, confusion exists as to the 
laws 
administered by the Department of 
Wildlife; and 
application of certain 
Inland Fisheries 
and 
Whereas, this confusion poses difficulties for the sporting 
public and those charged with enforcement of these la\lrs; and 
Whereas, it is vitally necessary that this confusion be 
resolved to prevent any injustice or hardship to the hunters, 
anglers, trappers and recreational vehicle owners of the State; 
and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §7035, sub-§8, as amended by PL 1995, c . 667, 
Pt. A, §5, is further amended to read: 
8. 
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's possession and pertaining to the 
department, except publications of the laws 
iB--wbat.~--:&eFm as 
described in section 7034, subsection 5. 
Fees may be established 
to offset the cost of printing extra copies of chapters 701 to 
as 
provided 
in 
section 
7034, 
subsection 
6. 
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'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. 
Sec. 2. 12 MRSA §703S, sub-§21, as enacted by PL 2001, c. 223, 
§1, is amended to read: 
21. 
Disabled 
hunter, 
trapper 
and 
angler 
advisory 
cOlIDittee. 
The commissioner shall establish a disabled hunter, 
trapper and angler advisory committee composed of 4 disabled 
persons, a-lieeasee-physieiaaT 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 
7076, 
subsection 
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 month 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 7076, 
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 their attending meetings of 
the advisory committee. 
Sec. 3. 12 MRS A §7035, sub-§22 is enacted to read: 
22. 
Becoming an Outdoors Koman. 
The Becoming an Outdoors 
Woman program is established in the department to encourage women 
to participate in hunting, fishing and other outdoor activities 
within the State. 
The 
commissioner 
may 
sponsor 
Becoming 
an 
Outdoors 
Woman 
events, 
establish 
appropriate 
fees 
for 
participation and accept money, goods and services donated to the 
department for the Becoming an Outdoors Woman program. 
Sec. 4. 12 MRSA §7071, sub-§8, as amended by PL 1997, c. 137, 
§l, is repealed. 
Sec. 5. 12 MRS A §7073, sub-§3-A, as repealed and replaced by 
PL 1997, c. 137, §3, is repealed. 
Sec. 6. 12 MRS A §7073, sub-§3-B, as enacted by PL 1993, c. 
459, §2 and affected by §3, is repealed. 
Sec. 7. 12 MRSA §7076, sub-§13-A is enacted to read: 
13-A. 
Persons with acquired brain inju~. 
A complimentary 
license to fish must be issued to any person with a head injury 
as defined by Title 22, section 3086, 
upon application to the 
commissioner. 
This complimentary license remains effective for 
the life of the license holder, if the license is not revoked or 
suspended. 
Sec.8. 12 MRSA §7079-B, sub-§3 is enacted to read: 
3. 
Suspension of license. 
If a license or registration is 
suspended pursuant to Title 19-A, section 2201. the suspension 
remains in effect until the person is in compliance with a court 
order of support. 
On condition of payment of a $25 reinstatement 
fee to the department. 
the 
suspension is 
rescinded and 
the 
license reinstated. 
Sec. 9. 12 MRSA §7109, sub-§4, ,C, as enacted by PL 1985, c. 
304, §12, is amended to read: 
C. 
Mi~FataFY Beginning January 1, 2004, migrato£y waterfowl 
hunting permits shall expire on 
JQBe--~~-~~~~~~-the 
seasaB-~e~-~~~~-~Fm~~&-WeFe December 31st of the year 
issued. 
Permits issued in the year 2003 are valid for the 
2003-2004 migratory waterfowl season. 
Sec. 10. 12 MRSA §7367, sub-§3, ,A, as amended by PL 1989, c . 
883, §8, is further amended to read: 
A. 
A written report of any accident occurring in connection 
with a whitewater trip conducted by that outfitter and whieh 
that results in the death of a person, a person I s losing 
consciousness or receiving professional medical treatment, a 
person I s 
becoming 
disabled 
for 
more 
than 
2·1 
hours, 
a 
person I s 
disappearance 
from 
a 
whitewater 
craft 
under 
circumstances indicating death or l.nJury, or damage to the 
whitewater craft or other property of more than $199 $1,000; 
and 
Sec. 11. 12 MRSA §7451, sub-§2, ,B, as repealed and replaced 
by PL 1989, c. 913, Pt. A, §8, is repealed. 
Sec. 12. 12 MRSA §7457, sub-§I, ,E, as amended by PL 1983, c. 
271, is further amended to read: 
E. 
The commissioner may shorten the open season on deer in 
any part of the State, provided that: 
(1) 
The demarcation of the areas with the shortened 
season follow recognizable physical boundaries, such as 
rivers and railroad rights-of-way; ~ 
fa}--~~~~Fm~&a~~&-i6-~-aBQ-~~£~€£-~~~~-te 
JQBe-lst-af-aBy-yeaFt-aBs 
690, 
(3) 
The 
Saturday preceding the first day of open 
season on deer shall-ae iA an open day for residents of 
this State only. 
Sec. 13. 12 MRSA §7457, sub-§I,~, as amended by PL 2001, c. 
Pt. A, §8 and affected by §18, is further amended to read: 
H. 
The commissioner may regulate the taking of ant1erless 
deer within any area of the State, as necessary, to maintain 
deer populations in balance with available habitat if the 
following conditions are met. 
(1) 
The 
demarcation 
of 
each 
area 
must 
follow 
recognizable physical boundaries such as rivers, roads 
and railroad rights-of-way. 
t6}--~Re-Q€~e£ffii£~~~~-~~~~aG-p~ali&heQ-pFieF 
~e-Aa~as~-ls~-ef-eaeh-yeaFT 
(4) 
The commissioner may adopt rules necessary for the 
administration, 
implementation, 
enforcement 
and 
interpretation of this subsection, except that there 
may not be an antlerless deer permit system unless 
otherwise 
specified 
in 
this 
paragraph. 
Any 
rules 
adopted by the commissioner that provide for permits to 
be issued to nonresident or alien hunters must provide 
that: 
(a) 
The 
percentage of antlerless deer permits 
issued to nonresident and alien hunters may not 
exceed the average percentage of applicants for 
antlerless deer permits over the previous 3 years 
who were nonresidents or aliens; and 
(b) 
No 
more 
permits issued 
zone 
may 
be 
hunters. 
than 
15°'b 
in anyone 
issued 
to 
of the antlerless deer 
district or in anyone 
nonresident 
and 
alien 
(5) 
An antlerless deer permit system adopted by the 
commissioner pursuant to this section may include a 
prov~s~on giving special consideration to landowners 
who keep their lands open to hunting by the public. 
Any 2 or more areas of land owned by the same person 
that are open for hunting and that would be contiguous 
except for being divided by one or more 
roads are 
considered contiguous for the purposes of determining 
landowner eligibility for special consideration under 
this subparagraph. 
A 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 d4:ler. 
If the 
person transfers the permit 
years of age or older, 
taking an antlerless deer. 
to the junior hunter or person 
that person is prohibited from 
Sec. 14. 12 MRSA §7457, sub-§I,", 
as amended by PL 2001, c. 
690, Pt. A, §9 and affected by §18, is further amended to read: 
I. 
The commissioner, by rule, may 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 following. 
(1) 
The 
demarcation 
of 
each 
recognizable physical boundaries, 
and railroad rights-Of-way. 
area 
such as 
must 
follow 
rivers, roads 
~6}--~~~~~~~~~~-~aese-a~ea6-~-~~aG&-aBa 
p~BlisaeQ-p~ie~-~e-A~~~s~-ls~-e'-eaeR-yea~T 
(3) 
The commissioner may implement a permit system to 
regulate hunter participation in a special season 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. 
(5) 
The 
commissioner 
may 
establish limits 
on 
the 
number of deer taken or possessed by persons during any 
special season. 
Limits established by the commissioner 
under this subparagraph are exceptions to the limits 
imposed under section 7458, subsections 1 and 2. 
(6) 
The commissioner may specify types of weapons to 
be used during a special season. 
Sec. 15. 12 MRSA §7457, sub-§2, 1[B, as enacted by PL 1979, c. 
420, §1, is repealed. 
Sec. 16. 12 MRSA §74S7, sub-§3, as amended by PL 1997, c. 463, 
§2, is further amended to read: 
3. 
Deer tags. 
The commissioner shall 
and content of a de.er tag and shall produce 
paEt--a~ issued with 
a 
big 
game 
hunting 
ealeRaaE-yeaE-1998-aRa-thaEea~teE. 
prescr ibe the form 
a deer tag that is 
license 
iss~ea--~aE 
Sec. 17. 12 MRSA §7463-A, sub-§12, as enacted by PL 1981, c. 
118, §2, is amended to read: 
12. 
Authority of cODRissioner. The commissioner may issue 
appl ications for moose hunting permits, issue permits and make 
all rules 
aRa--~\il-at,.iaRs pertaining theEeta to moose hunting 
permits, including provisins for permittees who are selected for 
a permit but unable to use the permit. The commissioner may make 
all other rules 
aRa--l'~-a-t.-i-E>*}6--wh-:i:-Gh--he that the commissioner 
considers necessary for the protection of the moose resource. 
Sec. 18. 12 MRSA §7469, sub-§6, as enacted by PL 1985, c. 95, 
§l, is amended to read: 
6. 
Keeping an unregistered wild turkey. 
A person is guilty 
of keeping an unregistered wild turkey if he that person keeps an 
unregistered wild turkey at his that person's home, or any place 
of storage except at an official wild turkey registration station 
or at the office of an inland fisheries and wildlife warden, for 
more than 16 18 hours. 
Sec. 19. 12 MRS A §7S0S, sub-§3, as enacted by PL 1979, c. 420, 
§l, is amended to read: 
3. 
Failure to restrain or control a nuisance dog. The owner 
or keeper of a dog is guilty of failure to restrain or control a 
nuisance dog if: 
A. 
iUs That person's dog is found chasing or 
moose, 
eaEi9a~T deer or el* wild turkey at any 
other wild animal in closed season; 
B. 
Wis That person's dog is found killing or 
moose, 
eaEi9a~T deer or e1* wild turkey at any 
other wild animal in closed season; 
pursuing 
, 
any 
timeT or any 
wounding any 
time, or any 
C. 
Wis That person's bird dog, retrieving dog or hound is 
found killing or wounding any moose, 
eaEi9a~T deer or el* 
wild turkey during the period in which it is lawful to train 
dogs, as provided for in section 7863, subsection 1, while 
the dog is at a licensed dog training area or at a licensed 
trial for retrieving dogs: or 
D. 
He That person has been notified under section 7504, 
subsection 6, paragraph C, 
and he that person permits any 
dog mentioned in the notice to leave his Llliat person's 
immediate control. 
Sec. 20. 12 MRS A §7553, sub-§I, as amended by PL 1999, c. 403, 
§§29 and 30 and as corrected by RR 1999, c. 1, §23, is further 
amended to read: 
1. 
Fishway dams. The area within 150 feet of any dam-is 
whieh-a operational fishway is-*eea~ed, except: 
B. 
At the following places, the fishway and the area within 
feet of any part of the fishway are closed to fishing at 
all times: 
(1) 
Grand Falls Powerhouse Dam on the St. Croix River 
in Baileyville: and 
(2) 
Woodland Dam on the St. Croix River in Baileyville; 
B-1. 
At the following places, the area within 75 feet of 
the mouth of the fishway is closed to fishing at all times: 
(1) 
East Grand Lake Dam in Forest City Township, T9 R4 
NBPP: and 
(2) 
Spednic Lake Dam in Vanceboro; 
C. 
At the so-called ice control dam on the Narraguagus 
River in the Town of Cherryfield, the area within 100 feet 
of the dam must be closed to fishing at all times; 
D. 
At 
East Outlet 
Dam 
in Sapling 
Township 
(TIR7) 
in 
Somerset 
County 
and 
in 
Big 
Squaw 
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 
E. 
There is no fishing in or from the fishway at the 
Sheepscot Lake Dam in the Town of Palermo in Waldo County. 
Sec. 21. 12 MRS A §7606, sub-§I-A, as amended by PL 1989, c. 
618, §l and affected by §2, is further amended to read: 
l.-A. 
containers. 
Sal.e 
of bait 
A person who 
or 
baitfish 
sells bait 
in 
or 
biodeqradabl.e 
baitfish shall 
worm 
se~ 
provide or sell the bait or baitfish in containers that are 
composed 
iR---whG-1e--~--.,i£--flaF-t;--G-:f.-~-y&t.yr-en&--.feam--fll-ast;ie of 
biodegradable paper or cardboard. 
Sec. 22. 12 MRSA §7827, sub-§§5 and 6, as enac ted by PL 1979, 
c. 420, §1, are amended to read: 
5. 
Failing to stop a sno1llllObile before entering a public 
way. 
A person is guilty of failing to stop a snowmobile before 
entering a public way or a private way maintained for travel if 
He that person fails to bring a 
snowmobile to a 
complete stop 
before entering a 
public way or a private way maintained for 
travel. 
6. 
Failing 
to 
yield 
right-of-way 
while 
operating 
a 
sno1llllObile. 
A 
person 
is 
guilty 
of 
failing 
to 
yield 
the 
right-of-way while operating a snowmobile if he that person fails 
to 
yield 
the 
right-of-way 
to 
all 
vehicular 
traffic 
while 
operating 
a 
snowmobile 
on 
a 
public 
way 
or 
a 
private 
way 
maintained for travel. 
Sec. 23. 12 MRSA §7827, sub-§10, llA, as enacted by PL 1997, c. 
432, §53, is amended to read: 
A. 
A person may not operate a snowmobile eR-4:-be--s-t:-a&ewiEle 
sRewmeai±e-~~~~~-£y£~~-eF--~-fl~b14€--~~t:--&~~-4:~--is 
efleR-~-G--~£ewmebiliR~ 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. 
Sec. 24. 12 MRSA §7827, sub-§21, as enacted by PL 1979, c. 
420, §1, is amended to read: 
21. 
Unlawfully permitting operation. 
A person is guilty of 
unlawfully permitting operation of a snowmobile if He that person 
owns a snowmobile aREl-k£ew.,i£~~y-~~4:~~-~-G-~-efleF-at;eEl that is 
operated by another person in violation of any section of this 
subchapter. 
A 
person 
is 
guilty 
of 
unlawfully 
permitting 
operation of 
a 
snowmobile 
if that person is 
the parent or 
guardian responsible for the care of a minor under 18 years of 
age who operates a snowmobile in violation of this subchapter. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill makes several changes in the laws involving the 
Department of Inland Fisheries and Wildlife. 
1. 
In the law governing accident reports by whit:ewater trip 
outfitters, it changes the amount of property damage requiring a 
report 
from 
$100 
to $1,000, 
which is consistent with other 
reporting 
requirements 
for 
boating, 
and 
clarifies 
that 
the 
reporting requirement for medical attention is for professional 
medical attention. 
2. 
It repeals laws requiring the department to publish 
lists of bear and deer registration stations in a daily newspaper. 
3. 
It 
repeals 
the 
requirement 
that if 
rulemaking 
is 
necessary to shorten the open season on deer, regulatE! the taking 
of 
antlerless 
deer 
or 
create 
special 
hunting 
seasons, 
the 
determination must be made and published by a certain date. 
4. 
It repeals the requirement that the disabled hunter, 
trapper and angler advisory committee have a licensE!d physician 
as a member. 
5. It establishes the Becoming an Outdoors Woman program as 
a program within the department. 
6. 
It authorizes 
the department to issue 
complimentary 
fishing licenses to persons with acquired brain injury. 
7. 
It amends 
the 
law regarding deer tags 
so that the 
department has flexibility in how the tag is issued. 
8. 
It authorizes the department to sell extra copies of the 
Maine 
Revised Statutes, 
Title 
12, 
chapters 
to 
721, 
as 
prepared and printed by the department to help offset the cost of 
printing. 
9. 
It repeals the requirements that a trespass reminder and 
convicted felon statement be printed on licenses. 
10. 
It establishes a reinstatement fee for licenses that 
are suspended for failure to comply with court-ordered support 
under the Maine Revised Statutes, Title 19-A, section 2201. 
11. 
It 
requires 
that 
bait 
and 
baitfish 
be 
sold 
in 
containers that are composed in whole of biodegradable paper or 
cardboard. 
12. 
It makes 
the 
amount 
of 
time 
for registering wild 
turkeys the same as that for registering bear, deer and moose, 18 
hours. 
It is currently 12 hours. 
13. 
It amends the law prohibiting fishing from a dam in 
which a fishway is located to make it unlawful to fish from any 
operational fishway rather than from the dam. 
14. 
It amends the snowmobile laws by making a parent or 
guardian of a minor under 18 years of age responsible if that 
minor operates a snowmobile in violation of the snowmobile laws. 
This is consistent with ATV law. 
15. 
Currently, the violation of operating to endanger only 
applies on the statewide snowmobile trail system or a public 
right-of-way that is open to snowmobiling. 
This bill removes 
that language. 
16. 
It establishes a grace period for migratory waterfowl 
permits 
and 
changes 
the 
permit 
to 
a 
calendar year 
permit. 
Currently, permits expire on June 30th following the season for 
which they were issued. 
These permits are now issued in the form 
of a license rather than a 
stamp and will coincide with the 
licensing year. 
17. 
It requires 
that 
snowmobile 
operators 
stop before 
entering a public way or private way maintained for travel and 
that snowmobile operators yield the right-of-way to all vehicular 
traffic 
while 
operating 
on 
a 
public 
way 
or 
private 
way 
maintained for travel. 
18. 
It amends the law regarding dogs chasing, wounding or 
killing moose and deer, adding wild turkeys to the list. 
19. 
It allows the Commissioner of 
Wildlife 
to 
establish 
rules 
regarding 
selected to receive a moose hunting permit 
the permit. 
Inland Fisheries and 
permittees 
that 
are 
but are unable to use