An Act To Revise the Fish and Wildlife Laws To Complement the Recodification of Those Laws
Maine Legislature, Session 121, LD 1920
Committee: Inland Fisheries and Wildlife
Amends: 12 MRSA §10001, 12 MRSA §10052, 12 MRSA §10053, 12 MRSA §10054, 12 MRSA §10056, 12 MRSA §10103, 12 MRSA §10105, 12 MRSA §1010, 12 MRSA §10106, 12 MRSA §10108, 12 MRSA §10109, 12 MRSA §10152, 12 MRSA §10155, 12 MRSA §10157, 12 MRSA §10201, 12 MRSA §10202, 12 MRSA §10203, 12 MRSA §10206, 12 MRSA §10252, 12 MRSA §10254, 12 MRSA §10301, 12 MRSA §10353, 12 MRSA §10451, 12 MRSA §10501, 12 MRSA §10502, 12 MRSA §10503, 12 MRSA §10608, 12 MRSA §10651, 12 MRSA §10652, 12 MRSA §10653, 12 MRSA §10654, 12 MRSA §10655, 12 MRSA §10656, 12 MRSA §10701, 12 MRSA §10702, 12 MRSA §10703, 12 MRSA §10751, 12 MRSA §10753, 12 MRSA §10754, 12 MRSA §10758, 12 MRSA §10801, 12 MRSA §10802, 12 MRSA §10803, 12 MRSA §10853, 12 MRSA §10901, 12 MRSA §10902, 12 MRSA §10906, 12 MRSA §10907, 12 MRSA §10908, 12 MRSA §10909, 12 MRSA §11102, 12 MRSA §11108, 12 MRSA §11108-A, 12 MRSA §11109, 12 MRSA §11151, 12 MRSA §11152, 12 MRSA §11153, 12 MRSA §11154, 12 MRSA §11155, 12 MRSA §11156, 12 MRSA §11157, 12 MRSA §11158, 12 MRSA §11159, 12 MRSA §11160, 12 MRSA §11201, 12 MRSA §11203, 12 MRSA §11205, 12 MRSA §11206, 12 MRSA §11206-A, 12 MRSA §11207, 12 MRSA §11212, 12 MRSA §11213, 12 MRSA §11213-A, 12 MRSA §11214, 12 MRSA §11215, 12 MRSA §11216, 12 MRSA §11217, 12 MRSA §11223, 12 MRSA §11251, 12 MRSA §11301, 12 MRSA §11303, 12 MRSA §11304, 12 MRSA §11351, 12 MRSA §11352, 12 MRSA §11353, 12 MRSA §11401, 12 MRSA §11403, 12 MRSA §11452, 12 MRSA §11454, 12 MRSA §11503, 12 MRSA §11551, 12 MRSA §11601, 12 MRSA §11651, 12 MRSA §11702, 12 MRSA §11751, 12 MRSA §11752, 12 MRSA §11851, 12 MRSA §11951, 12 MRSA §11952, 12 MRSA §11953, 12 MRSA §12001, 12 MRSA §12051, 12 MRSA §12052, 12 MRSA §12053, 12 MRSA §12055, 12 MRSA §12101, 12 MRSA §12151, 12 MRSA §12152, 12 MRSA §12155, 12 MRSA §12158, 12 MRSA §12159, 12 MRSA §12201, 12 MRSA §12251, 12 MRSA §12252, 12 MRSA §12253, 12 MRSA §12254, 12 MRSA §12255, 12 MRSA §12257, 12 MRSA §12258, 12 MRSA §12260, 12 MRSA §12301, 12 MRSA §12302, 12 MRSA §12302-A, 12 MRSA §12303, 12 MRSA §12304, 12 MRSA §12304-A, 12 MRSA §12305, 12 MRSA §12306, 12 MRSA §12351, 12 MRSA §12402, 12 MRSA §12403, 12 MRSA §12404, 12 MRSA §12456, 12 MRSA §12460, 12 MRSA §12501, 12 MRSA §12502, 12 MRSA §12503, 12 MRSA §12504, 12 MRSA §12505, 12 MRSA §12506, 12 MRSA §12507, 12 MRSA §12508, 12 MRSA §12509, 12 MRSA §12551, 12 MRSA §12551-A, 12 MRSA §12552, 12 MRSA §12553, 12 MRSA §12555, 12 MRSA §12601, 12 MRSA §12603, 12 MRSA §12605, 12 MRSA §12608, 12 MRSA §12609, 12 MRSA §12609-A, 12 MRSA §12651, 12 MRSA §12652, 12 MRSA §12654-A, 12 MRSA §12655, 12 MRSA §12657, 12 MRSA §12658, 12 MRSA §12659, 12 MRSA §12661, 12 MRSA §12662, 12 MRSA §12663, 12 MRSA §12701, 12 MRSA §12705, 12 MRSA §12706, 12 MRSA §12707, 12 MRSA §12708, 12 MRSA §12751, 12 MRSA §12753, 12 MRSA §12755, 12 MRSA §12756, 12 MRSA §12758, 12 MRSA §12759, 12 MRSA §12760, 12 MRSA §12761, 12 MRSA §12762, 12 MRSA §12763, 12 MRSA §12802, 12 MRSA §12804, 12 MRSA §12808, 12 MRSA §12851, 12 MRSA §12852, 12 MRSA §12853, 12 MRSA §12857, 12 MRSA §12858, 12 MRSA §12860, 12 MRSA §12901, 12 MRSA §12905, 12 MRSA §12906, 12 MRSA §12907, 12 MRSA §12908, 12 MRSA §12909, 12 MRSA §12910, 12 MRSA §12911, 12 MRSA §12912, 12 MRSA §12913, 12 MRSA §12951, 12 MRSA §12952, 12 MRSA §12953, 12 MRSA §12954, 12 MRSA §12955, 12 MRSA §13001, 12 MRSA §13004, 12 MRSA §13051, 12 MRSA §13053, 12 MRSA §13054, 12 MRSA §13055, 12 MRSA §13056, 12 MRSA §13058, 12 MRSA §13059, 12 MRSA §13060, 12 MRSA §13061, 12 MRSA §13062, 12 MRSA §13063, 12 MRSA §13065, 12 MRSA §13066, 12 MRSA §13067, 12 MRSA §13068-A, 12 MRSA §13070, 12 MRSA §13071, 12 MRSA §13071-A, 12 MRSA §13103, 12 MRSA §13104, 12 MRSA §13106, 12 MRSA §13106-A, 12 MRSA §13107, 12 MRSA §13109, 12 MRSA §13111, 12 MRSA §13112, 12 MRSA §13152, 12 MRSA §13153, 12 MRSA §13154, 12 MRSA §13155, 12 MRSA §13156, 12 MRSA §13157, 12 MRSA §13158, 12 MRSA §13159, 12 MRSA §13160, 12 MRSA §13161, 12 MRSA §13201

Legislative Document 
No. 1920 
H.P.1421 
House of Representatives, March 9, 2004 
An Act To Revise the Fish and Wildlife Laws To Complement the 
Recodification of Those Laws 
Reported by Representative DUNLAP of Old Town for the Joint Standing Committee of 
Inland Fisheries and Wildlife pursuant to Public Law 2003, chapter 414, Part D, section 5 and 
Resolve 2003, chapter 101, section 3. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered printed 
under Joint Rule 218 . 
Printed on recycled paper 
'77l~ frJ.17/tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §10001, sub-§3-A is enacted to read: 
3-A. 
Aquarium. 
"Aquarium" means an enclosed container used 
in 
importing, 
possessing 
or 
displaying nonnative 
and 
exotic 
species of fish or other aquatic organisms that has a closed 
operating system, 
that is located within 
a 
home, 
exhibition 
building or other permanent all season structure and that does 
not allow the discharge of water or aquatic organisms into the 
inland waters of the State. 
Sec. 2. 12 MRSA §10001, sub-§9,~, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
B. 
In Washington County: East Grand Lake; Mud Lake; St. 
Croix River; Spednic LakeL and Grand Falls flowage. 
Sec. 3. 12 MRSA §10001, sub-§10, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 4. 12 MRSA §10001, sub-§20, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
20. 
Exotic. 
"Exotic" means of foreign nature or character, 
not nativeT-~£~~e~~£€~~~~~~~aGr-aBa-~-~~l~~-~~~~~~~~-e~ 
aeelimat;iBea. 
Sec. 5. 12 MRSA §10001, sub-§22, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
22. 
Fish, 
the 
noun. 
"Fish" 
means 
a 
cold-blooded, 
completely aquatic vertebrate characteristically having gills, 
fins 
and 
an elongated streamlined body usually covered with 
scalesT and includes any physical part of a fish. The term refers 
to fish living predominantly in inland waterS T and 
anaa~emas to 
anadromous 
and 
eat;aa~emas 
catadromous 
fish 
while 
in 
inland 
waters. Whenever the name of a fish, such as "bass" or "trout," 
is used, it means the named fish or any of its physical parts. 
Sec. 6. 12 MRSA §10001, sub-§27, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
_ 
Fly-fishing_ 
"Fly-fishing" means casting upon water 
and retrieving in a manner in which the weight of the fly line 
propels 
the fly. 
Ne--me~e--~&-~-~~~-a~~~~~£~ad--flies 
inaiviaaally-at;t;aeaea-t;e-a-line-may-ae-aseaT 
• 
• 
• 
• 
• 
• 
.. 
Sec. 7. 12 MRSA §10001, sub-§42, as 
414, Pt. A, 
§2 and affected by Pt. D, 
following enacted in its place: 
enacted by PL 2003, c. 
§7, is repealed and the 
42. 
Muzzle-loading firearm. 
"Muzzle-loading firearm" means 
a muzzleloader, 
a traditional muzzleloader or a muzzle-loading 
shotgun. 
read: 
Sec. 8. 12 MRSA §10001, sub-§§42-A and 42-B are enacted to 
42-A. 
Muzzleloader. 
"Muzzleloader" means a firearm that: 
A. 
Is capable of being loaded only through the muzzle: 
B. 
Is ignited by a matchlock, 
wheel lock, 
flintlock or 
caplock, including an in-line caplock or shotgun or rifle 
primer mechanism: 
c. 
Has a rifled or smooth-bored barrel or barrels, each 
barrel capable of firing only a single charge; 
D. 
Propels a ball, bullet or charge of shot: and 
E. 
May have any type of sights, including scopes. 
42-B. 
Muzzle-loading 
shotgun. 
"Muzzle-loading 
shotgun" 
means a firearm that: 
A. 
Is capable of being loaded only through the muzzle; 
B. 
Is ignited by a 
matchlock, 
wheel lock, 
flintlock or 
caplock with an exposed ignition mechanism; 
c. 
Has a smooth-bored single or double barrel, each barrel 
capable of firing only a single charge; 
D . 
Is charged with black powder or black powder replica 
E. 
Propels a load of shot for the purpose of fowling or 
small game hunting; 
F. 
Propels a 
charge of buckshot, 
patched round ball or 
full-bore diameter lead bullet for purposes of big or small 
game hunting: and 
G. 
May have only open or aperture sights. 
Sec. 9. 12 MRSA §10001, sub-§45, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. 0, §7, is repealed. 
Sec. 10. 12 MRSA §10001, sub-§§60 and 61, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. 0, §7, are amended to 
read: 
60. 
Sunrise. 
"Sunrise" 
established 
for 
sunrise 
for 
Nautical Almanac Office of the 
converted to the legal standard 
that day. 
means 
the 
time 
computed 
and 
AY~YSEa Bangor, 
Maine, 
by 
the 
Uni ted States Naval Observatory, 
of time in force in this State on 
61. 
Sunset. 
"Sunset" 
means 
the 
time 
computed 
and 
established for sunset for AY~YSEa Bangor, 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. 
Sec. 11. 12 MRSA §10001, sub-§62-A is enacted to read: 
62-A. 
Traditional muzzleloader. 
"Traditional muzzleloader" 
means a firearm that: 
A. 
Is capable of being loaded only through the muzzle; 
B. 
Is ignited by a matchlock, 
wheel lock, 
flintlock or 
caplock with an exposed ignition mechanism: 
C. 
Has 
a rifled or smooth-bored barrel or barrels, each 
barrel capable of firing only a single charge; 
o. 
Is charged with black powder or black powder replica 
E. 
Propels a lead ball, full-bore diameter lead bullet or 
charge of shot; and 
F. 
May have only open or aperture sights. 
Sec. 12. 12 MRSA §10001, sub-§67-A is enacted to read: 
67-A. 
Valid license or valid permit. 
"Valid license" or 
"yalid permit" means a license or permit lawfully obtained in the 
licensee's or permittee's name and signed by that person. 
Sec. 13. 12 MRSA §10052, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. 0, §7, is amended to read: 
• 
• 
" 
• 
• 
• 
.. 
5. 
Land acquisition. The acquisition 
land for 
the protection, preservation and 
inland fisheries and wildlife resources; and 
and development of 
enhancement of tae 
Sec. 14. 12 MRSA §10053, sub-§§6 and 7, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
6. 
Data 
collection. 
The 
collection 
of 
data 
for 
the 
effective 
management 
of 
~ae 
inland 
fisheries 
and 
wildlife 
resources; 
7. 
Research. 
Research 
activities 
for 
the 
effective 
management of ~ae inland fisheries and wildlife resources; 
Sec. 15. 12 MRS A §10054, sub-§§2 and 3, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
2. 
Wildlife and fisheries enforcement. Enforcement of laws 
and department rules pertaining 
of 
~ae 
inland 
fisheries 
and 
designated by section 10353; 
to the management and protection 
wildlife 
resources 
as 
further 
3. 
Snowmobile, 
watercraft 
and 
all-terrain 
vehicle 
enforcement. 
Enforcement of laws and department rules pertaining 
to the 
l:'e'l:is~l:'a~:ie:es registration and operation of snowmobiles, 
watercraft and all-terrain vehicles; 
Sec. 16. 12 MRSA §10054, sub-§7, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
7. 
Other. Such al:'eas responsibilities as specified in state 
law. 
Sec. 17. 12 MRSA §10056, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§I0056. Division of Public Information and Education 
The 
Division 
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 
~ae 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 
division's 
responsibilities 
include 
public 
education, 
promotion 
of 
~ae 
inland fisheries and wildlife resources and the dissemination of 
information. 
Sec. 18. 12 MRSA §10103, sub-§8, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
8. 
Biennial revision of fish and wildlife laws. 
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 as necessary in a pamphlet of whatever 
size seems best to inform the people about the fish and wildlife 
laws. 
Fees may be established to offset the cost of printing 
extra copies of this Part as provided in this subsection. 
Sec. 19. 12 MRSA §10103, sub-§10, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 
individuals using those areas for hunting, fishing, trapping and 
boating purposes. 
The commissioner may not regulate the flow of 
water 
under 
this 
section. 
Rules 
adopted 
pursuant 
to 
this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 20. 12 MRSA §10105, sub-§§1 and 2, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
1. 
Authorize taking or destruction of wildlife. 
Whenever 
the commissioner determines it necessary for the accomplishment 
of the 
commissioner's statutory duties, 
the 
commissioner 
may 
issae--pei:"-ffii-t-6--a.,*"&hG-F-i-Zring--~erseBs authorize a person to assist 
the commissioner in the taking and destruction of any wildlife. 
The 
commissioner may place conditions or restrictions on any 
authorization 
granted 
under 
this 
subsection. 
A 
person 
who 
violates a condition or restriction placed on an authorization 
granted under this subsection invalidates that authorization and 
subjects that person to applicable laws under this Part. 
A-~e£6eR-may-~-~-i-&-aa-ae~iyi~y-~e£-~~~~~r~~~aY-Be 
issaea-~~-~~i-&-saBSee&iea-aR4-~~--whi-~h-~ha~--pei:"~~-Be~ 
• 
• 
, 
.. 
• 
• 
aave-a-~~~~~~r--~aGh-aay-a-~~~~1at~-~hi&-SHaSee~~ea 
~aa~-pe~£~-~i~~-a-b±ass-E-~~~-~r-wa~ea-a-~~~-~i&&-e~ 
:I; a G - a~e.- -an- -am<:H.Hl-t::- ~aa 
1-- ~e - t. wi € e- -t..fJ.-e- -app-l~-o-ab-l-e- -l-.i-Gen&e- - ~e-e- -Ill H S ~ 
ae-~lIlpeseaT 
2. 
COllUlissioner' s 
authority to terminate coyote season. 
The 
commissioner 
may 
terminate 
open 
season 
on 
coyote 
night 
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. 
Sec. 21. 12 MRSA §1010S, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 22. 12 MRSA §1010S, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 personTL 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 
operation 
by 
members 
commissioner's opinion, 
exhausted. 
may 
terminate 
a 
search 
and 
rescue 
of 
the 
department 
when, 
in 
the 
all reasonable efforts have 
been 
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 leaas led to a search and rescue operation, from 
the person who provided that false information. 
ABy--pe~s9B--wR9--Ras--*B9w~ea~e--ERaE--aB9ERe~--pe~s9B--is--~9SET 
sE~aBaea-~--Q£ew£eQ--~&-~~-W99a~aBas-~-4£~a£Q--wa&&~&-~--ERe 
SEaEe-sRa~±-B9EiEY-ERe-8Q~eaQ-9E-Wa~aeB-Se~viee-9E-ERe-aepa~EmeBET 
Sec. 23. 12 MRSA §10105, sub-§§7 and 8, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
7. 
Sale 
or 
destruction 
of 
confiscated 
property. 
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 that has 
ben forfeited 
to 
the State 
pursuan~_to sections 10502 and 10503. 
A confiscated or forfeited 
handgun that was confiscated or forfeited because it was used to 
commi t 
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 aY-ERe from sales 
under this subsection to the Treasurer of State to be credited to 
the department. 
8. 
Employee 
discipline. 
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 SEaEQEe Title 5. 
Sec. 24. 12 MRSA §10105, sub-§10, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
10. Taking and importing wildlife. The commissioner may: 
A. 
For scientific purposes, 
take fish 
and wildlife 
and 
import fish and wildlife into the State or authorize others 
to do so; and 
B. Take or import wild animals or 1.o1ild birds of any kind, 
dead or alive, for the purpose of inspection, cultivation, 
propagation or 
distribution or 
for 
scientific or 
other 
purposes considered by the commissioner to be of interest to 
the game industry of this State. 
Sec. 25. 12 MRSA §10105, sub-§II, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
.. 
• 
, 
.. 
I 
Sec. 26. 12 MRSA §10105, sub-§12, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
12. 
Purchase or sale of wildlife for use as evidence. 
An 
agent of the commissioner may buy or sell wildlife for use as 
evidence in ~ 
prosecution of a violation of this Part. 
Sec. 27. 12 MRSA §10106, sub-§2, as enacted by PL 
2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Control of distribution and conservation of !lares 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 ~he hares and rabbits. 
Sec. 28. 12 MRSA §10108, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
3. 
Supersport certificate. 
A person may be designated 
supersport 
by 
obtaining 
a 
supersport 
certificate 
from 
commissioner or the commissioner's agent for a fee of $19 ~. 
as a 
the 
Sec. 29. 12 MRSA §10108, sub-§4, as enacted by PL 
2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 aBeL promote high standards of courtesy, respect and 
responsibility by hunters 
and anglers for private landsL 
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. 
~welve Sixteen dollars of each $19 ~ 
collected under subsection 3 is dedicated to the Support 
Landowners Program. 
The Support 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. 
~B~ee Four dollars of 
each $19 i£Q. collected under subsection 3 is dedicated to 
the Sport Hunter Program. 
The Support Landowners Program and the Sport Hunter Program must 
operate wi thin the department 
aBEl-.ffiU6-t--ae.--i~€mtHl.'£€El--no--la~e!i' 
~BaB-JaB~a~y-lT-l999. 
Sec.30. 12 MRSA §10108, sub-§§10 and 11 are enacted to read: 
10. 
Becoming an Outdoors Woman. 
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. 
11. 
Coyote 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. 
An agent employed pursuant to paragraph A may use snares 
to control coyotes during winter months under the following 
conditions. 
(1) 
An agent may use snares only for animal damage 
control 
purposes 
to 
help 
meet 
management 
goals 
established by the commissioner for deer, threatened or 
endangered species or other wildlife species or to 
benefit 
agricultural 
interests 
as 
described 
in 
paragraph C. 
(2) 
An agent must be trained and certified by the 
department in the use of snares. 
(3) 
An agent must be deployed by a department wildlife 
biologist before setting snares. 
(4) 
An 
agent shall post access points to areas in 
which snaring activity is taking place, including, but 
not 
limited 
to, 
roads 
and 
trails 
for 
motorized 
vehicles, 
cross-country 
skiers 
or 
hikers 
or 
other 
obvious travel ways that may be used by people. 
(5) 
An agent shall plainly label snares with the full 
name and address of that agent. 
(6) 
An agent shall keep an accurate record of the 
number and location of snares set by that agent and 
must be able to account for those snares at all times. 
(7) 
An agent shall check that agent's snares that are 
equipped with relaxing locks on a daily basis. 
( 8) 
A department employee may accompany an agent at 
any time an agent is checking snares. 
( 9) 
An agent shall report monthly to the department. 
on forms provided by the department. the coyotes and 
nontarget species taken by snaring during the reporting 
period. 
The commissioner shall revoke the snaring certificate of an 
agent who violates any provision of this paragraph. 
The commissioner shall adopt policies and procedures on the 
use of snares as necessary to minimize the potential for 
taking 
nontarget 
species 
and 
to 
adequately 
protect 
threatened and endangered species. 
C. 
An 
agent 
employed pursuant 
to 
paragraph 
A may 
be 
employed for the benefit of agricultural interests as long 
as the department is reimbursed annually for the cost of 
those efforts by 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. 
Sec. 31. 12 MRSA §10109, sub-§I, tB, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
B. 
The commissioner may purchase, lease or take and hold, 
for and is on 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. 
Sec. 32. 12 MRSA §10152, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§IOI52. Disabled hunter, trapper and angler advisory committee 
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-.J..aeef.l.see. 
paysieiasT 
a 
representative 
of 
state 
agencies 
that 
work 
on 
disability issues, representatives of 2 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 
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 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. 
• 
t 
Sec. 33. 12 MRSA §10155, sub-§6, as enacted by PL 
2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
6. 
Compensation. 
All 
emp10yeesT are entitled to 
Title 5, chapter 379. 
members of the board except state 
receive compensation as provided in 
Sec.34. 12 MRSA §10155, sub-§7 is enacted to read: 
7. Rules. 
The commissioner may adopt rules to implement the 
provisions of this section. 
Rules 
adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 35. 12 MRS A §10156, sub-§I, ~C, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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. 
±Re 
Gevel'!ieF-ffiay--no-t--al::~l~G-i-lTt:--a Ii person who holds a commercial 
whitewater outfitter's license is ineligible for appointment 
to the board. 
At least 
persons appointed under this 
paragraph must have expertise in whitewater rafting on both 
the Kennebec River and the West Branch of the Penobscot 
River, including the cribworks. 
Sec.36. 12 MRSA §10157 is enacted to read: 
§l0157. 
Landowners and Sportsmen Relations Advisory Board 
1. 
Appointment 
and 
composition. 
The 
Landowners 
and 
Sportsmen Relations Advisory Board, referred to in this chapter 
as "the advisory board" 
and established by Title 5, 
section 
l2004-I, subsection 49-C, consists of the following members: 
A. 
Three ex officio members: 
(1) 
The commissioner or the commissioner's designee; 
(2) 
The Commissioner of Enyironmental Protection or 
the commissioner's designee; and 
(3) 
The 
Commissioner 
of 
Conservation 
or 
the 
commissioner's designee; 
Page l2-LR2679(1) 
B. 
Nine members. 
appointed by the Governor. representing 
landowners: 
(1) 
One representative of a statewide small woodland 
owners association: 
(2) 
One representative of corporate landowners: 
(3) 
One representative of a statewide forest products 
organization; 
(4) 
One 
representative 
of 
a 
statewide 
farmers 
organization; 
(5) 
One representative of 
a 
statewide small forest 
industry organization; 
(6) 
One representative of private landowners who is 
not 
affiliated 
with 
any 
of 
the 
organizations 
or 
associations in this subsection relating to farming. 
forestry or corporate ownership; 
(7) 
One 
representative 
of 
a 
statewide 
tree 
farm 
organization: 
(8) 
One representative of land trust organizations; and 
(9) One representative of a utility corridor ownership 
interest; 
C. 
Nine members, 
appointed by the Governor, 
representing 
land users: 
(1) 
One 
representative 
of 
a 
statewide 
s12ortsmen's 
organization; 
( 2 ) 
One 
repr~s~ntgtive 
of 
a 
~tat~wide 
trgpping 
organization; 
(3 } 
One 
re12resentative 
of 
g 
~:tatewide 
snowmo!;!ile 
organization; 
(4} 
One 
representative 
of 
a 
statewide all-terrain 
v~hi!;;le organizgj;iQn; 
(5) 
One representative of a statewide turkey hunters 
organizgtion; 
(6) 
One 
representgtive 
Qf 
a 
statewide 
bQwhunters 
orggnizatiQn; 
e 
(7) 
One representative of a northern Maine sportsmen's 
organization; 
(8) 
One representative of a southern Maine sportsmen's 
organization; and 
(9) 
One representative of 
a 
statewide environmental 
organization; and 
D. 
No more than 2 nonvoting, ad hoc members, who may be 
appointed by the commissioner 
upon 
recommendation of the 
advisory board. 
These members 
must possess expertise or 
knowledge of the advisory board's purpose and duties and may 
not 
be 
affiliated with 
any 
organization or 
association 
listed in this subsection. 
2. 
Terms. 
Members of the advisory board, including the ad 
hoc members, serve for 3 years. except that. initially. the first 
landowner representative members appointed and the first 3 land 
user representative members appointed serve 3 years; the next 3 
landowner representative members appointed and the next 3 land 
user representative members 
appointed serve 
years; 
and the 
remaining 
landowner 
and 
land 
user 
representative 
members 
appointed 
serve 
for 
one 
year. 
When 
a 
vacancy 
occurs. 
the 
Governor shall fill the vacancy by appointing a member from the 
same category as the member who vacated the advisory board and 
that new member continues to serve for the remainder of the term. 
3. 
Chair; election of board officers. 
The members of the 
advisory board shall annually elect one of its members as chair 
and one of its members as vice-chair. 
4. 
Quorum. 
A majority of 
the 
advisory 
board 
members 
representing landowners and 
a 
majority of the advisory board 
members representing land users combined constitute a guorum. 
5. 
Staffing of 
advisory 
board. 
The 
department 
shall 
provide administrative and staff support to the advisory board. 
6. 
Meetings. 
The 
advisory 
board 
shall 
hold guarterly 
meetings each year. 
Additional meetings may be held as necessary 
to conduct the business of the advisory board. 
7. 
Duties. 
The advisory board shall: 
A. 
Propose 
changes 
to 
or 
advise 
the 
commissioner 
on 
landowner-related laws. rules. department policies and other 
significant landowner and land user issues; 
Page l4-LR2679(1) 
B. 
Review 
landowner-related 
policies 
and 
procedures, 
conduct studies, evaluate programs and make recommendations 
to the commissioner: 
C. 
Obtain public 
use 
of 
private 
and 
public 
land 
for 
recreational 
activities 
by 
assisting 
with 
conflict 
resolution as it pertains to public access issues on both 
private and public lands and promote greater understanding 
and cooperation between owners and users of these lands: 
D. 
Review 
and 
make 
recommendations 
regarding 
programs 
administered 
by 
other 
agencies. 
The 
commissioner 
shall 
coordinate all reviews: and 
E. 
Conduct an organizational review of the advisory board 
every 5 years. This review must be designed to provide the 
information necessary 
to 
ascertain whether 
the 
advisory 
board has the membership reguired by subsection 1 and the 
advisory board is fulfilling its duties. 
If the 
review 
indicates that the advisory board does not have the correct 
representational membership, 
a subcommittee of the members 
of the advisory board must be convened to recommend to the 
commissioner appropriate changes. 
At any time, the advisory 
board may recommend to the commissioner ways to improve the 
advisory 
board's 
membership 
or 
function, 
and 
the 
commissioner shall act upon those recommendations. 
Sec. 37. 12 MRSA §10201, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Sa1e of pub1ications. 
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-~~--~sFm as 
described in section 10103, subsection 7. 
These publications may 
not carry any advertising of a political natureT 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 
~ape6 
and 
audio 
recordings, photographs SF and negatives owned by the department 
Page l5-LR2679(1) 
• 
• 
and may fix the price, if any, giving consideration to their fair 
market value. 
Sec. 38. 12 MRS A §10201, sub-§3, ~A, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
A. 
The 
commissioner 
may 
create 
dedicated 
accounts 
to 
deposit money received from the sale of general merchandise 
pursuant to this subsection aBe-maY-~-~r~~~G&-aBe 
se~viees--eaBatee--ta--tae--eepa~tmeBt--ta--sappa~t--speeifie 
p~e~~ams-~~~~~~~~-ay-~~-eepaFtmentr--A£y-~-eaBatee 
ta-~~~~~-iB-£~ppe~~-~-a-6peeifie-~~~~~-ae 
eepesitee--iBte--a--eeeieatee--aeeeaBt--fe~--tRe--pH~pese--ef 
fHBeiB~-aetivitie6-ea~~iee-eat-ay-tRat-p~e~~am. 
Sec. 39. 12 MRSA §10201, sub-§5, ~A, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
A. 
The commissioner may provide for the reproducticn, sale, 
licensing, 
distribution 
and 
other 
disposal 
of 
any 
art 
created 
in 
conjunction 
with 
the 
permit 
aBe. 
The 
commissioner 
shall 
establish 
by 
rule 
the 
procedures 
governing the design of the permit and the reproduction, 
sale, licensing, distribution and other disposal of any art 
created 
in 
conjunction 
with 
the 
permit. 
Rules 
adopted 
pursuant to this paragraph are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec.40. 12 MRSA §10201, sub-§6 is enacted to read: 
6. 
Donations. 
The commissioner 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. 
Sec. 41. 12 MRSA §10202, sub-§2, as enacted by PL 
2003, 
c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Additional 
funding. 
The 
appropriation 
of 
certain 
additional funds a~e is governed by the following. 
A. 
Appropriations to the 
~epa~tmeBt-wiee-...;r-n-J:.a:nd...-~isRe~ies 
aBe--Wi...;J,d..1-j,.f-e--p~a~~am--1n--tRe department for costs that are 
associated with search and rescue may are not ae 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 may are not be considered te-ee 
amounts 
appropriated 
to 
the 
department 
under 
the 
Constitution of Maine, Article IX, Section 22. 
Sec. 42. 12 MRSA §10202, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
5. 
Honlapsing appropriations. 
General Fund appropriations 
to the department 
may--ne-t.--~-by.t are nonlapsing and 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, 
pY.~fH~-a-&t.--te in accordance with 
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. 
Sec. 43. 12 MRSA §10202, sub-§9, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 6GG4-6GGa 
2006-2007 biennial budget and for each biennial 
budget thereafter, the biennial budget submitted by the executive 
branch must include a an additional General Fund appropriation of 
18% in excess of the department's requested biennial budget. 
Sec. 44. 12 MRSA §10202, sub-§13, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
13. 
Equipment. 
The 
department 
shall notify 
the 
joint 
standing committee of the Legislature having jurisdiction over 
inland fisheries and wildlife matters of any vehicle or heavy 
equipment purchase prior to that purchase, including the name of 
the 
item 
and expected cost. 
~Ris--same--ia~e~matieR--my.st--be 
sy.pp~iee-p~ie~-~B-~~~~~~-aay-veRie±eT In addition, the 
department 
shall 
develop 
and 
implement 
a 
formal 
replacement 
schedule for the department's radio communication system. 
~Ris 
p~aa-~-~--~¥i&weG-~-tRe--~~-£~-aRQ4R~-~i~B&&-~--tRe 
be~is~aty.~e--~~--~y.~iseietiea--~---ia~aae--~~~~~--aae 
wi~e~i~e-matte~sT The joint standing committee of the Legislature 
having jurisdiction over inland fisheries and wildlife matters 
shall review the replacement schedule. 
Sec.45. 12 MRSA §10202, sub-§15 is enacted to read: 
Page l7-LR2679(1) 
• 
15. 
Temporary 
assessment 
on 
licenses. 
permits 
and 
registrations. 
Notwithstanding any other provision of this Part, 
an additional temporary assessment of $3 is imposed on every 
license, permit, application, registration or other fee pursuant 
to 
this 
Part 
that 
is 
issued 
for 
the 
registration 
periods 
beginning January 1, 2004 and January 1, 2005, except that the 
additional temporary assessment for ATV registrations is $13 for 
residents and $30 for nonresidents. 
The additional temporary $3 
assessments for snowmobile registrations and the $13 
and $30 
additional 
temporary 
assessments 
for 
ATV 
registrations 
are 
effective for the registration periods beginning on July 1, 2003 
and July 1, 2004. 
Temporary assessments must be collected at the 
time a license, permit, application, registration or other fee is 
issued and credited in full to the department. 
This subsection 
is repealed June 30, 2005. 
Sec. 46. 12 MRSA §10203, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§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, penaltiesT and officers' costs and all 
other money received, collected or recovered by the court or 
the department under 
any provisions of this Part except 
section 10206, subsections 1 and 3; section 10259; section 
10353, subsection 3; section 11157; chapter 925, subchapter 
3; and chapter 929; 
B. 
Any fees, 
fines and penalties recovered by the court 
from any prosecution by 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 in this section. 
A person who violates this subsection commits a Class E crime. 
A-peFseB-whe-vie±ates-this-seetieB-eeffiffiits-a-b±ass-E-eFiffieT 
Sec. 47. 12 MRSA §10206, sub-§I, ~B, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
B. 
The 
department shall 
ase--a--paFtieB--a~--the--FeveBae 
aeaieatea--~a--~~-~~-~~~~-~~a~--~~Ba--~eF 
develop and implement an ATV 
law enforcement grant-in-aid 
program to assist law enforcement agencies other than the 
Bureau of Warden Service. 
Sec. 48. 12 MRS A §10206, sub-§2, ~C, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 49. 12 MRSA §10206, sub-§3, as 
414, Pt. A, §2 and affected by Pt. D, §7, 
enacted by PL 
2003, 
is amended to read: 
c. 
3. 
Watercraft 
revenues. 
A±± 
Except 
as 
provided 
in 
subsection 6, all revenues collected under the provisions 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 eeaBty court 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 FundT--Al-l-L 
except that 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. 
C. 
All revenues collected under the provisions of this Part 
relating to 
watercraft, 
including chapter 935, 
including 
fines, 
fees and other available money deposited with the 
Treasurer 
of State, 
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. 
Sec. 50. 12 MRSA §10206, sub-§9, as enacted by PL 
2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
9. 
Moose 
hunting 
revenues; 
moose 
hunting 
management. 
Up 
to $25,000 
may 
be provided from 
generated by moose hunting application and permit 
out the department's documented moose research. 
research 
and 
the revenues 
fees to carry 
Sec. 51. 12 MRSA §10252, as enacted by PL 2003, c. 414, Pta 
A, §2 and affected by Pt. D, §7, is amended to read: 
§l0252. Fish hatchery 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 
aBel--t.-he--~et--d-1em--aBel 
te*a~eel-~-et-~-mee~iB~s-~-~ae-~~~~_~e_~~_~ae 
Neeels--~-~-t.~~~--A&&~Gia~--wi~a--~~-~~~~ __ et 
~alffieRie-~~££-~~e1~-iB-~~~~-~~-bBB~-Bb-aR4-~~~~-e£ 
the-€emm4££~eR-~~-~~~-~e~-6gg6-gd. 
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. 
Sec. 52. 12 MRSA §10254, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Fund 
established. 
The 
Maine 
Wildlife 
Park 
Fund, 
referred to in this section as the "fund," is established. 
The 
fund receives 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 ffiaY-Bet-la~se-a~t are nonlapsing and must be carried forward 
to the next fiscal year to be used for the same purposes. 
Sec. 53. 12 MRSA §10301, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Board. 
"Board" means the Maine Outdoor Heritage Fund 
Board established in section 10308. 
Sec. 54. 12 MRSA §10353, sub-§2, ~C, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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, 
£el'i'ffiel'i' article l-A 5-A, at a point more than 50 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 
£el'i'thwith 
all. 
recognizances and forward all those deposits 
court to which the recognizance is returnable. 
those 
to the 
I 
.. 
Recognizances and deposits must be handled by the court 
in accordance with sections 10202 and 10203; 
Sec. 55. 12 MRSA §10451, sub-§§2 and 4, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed and the 
following enacted in their place: 
2. 
Responsibility 
for 
issuance 
and 
disposition. 
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. 
4. 
Lawful swmnons. 
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. 
A. 
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. 
B. 
Upon 
a 
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. 
Sec. 56. 12 MRSA §§10452 and 10453, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
§10452. Refusal to sign 
A person 
wR9-~e.f'liSes may not refuse to sign a citation or 
Uniform Summons and Complaint after having been ordered to do so 
by a law enforcement officer. 
A person who violates this section 
commits a Class E crime. 
§I0453. Unlawful disposition of citations 
±t: --i-s- -blBlawE-bl],.--afltl--G-E-:&-i-e-1a-l- -ffiiS€9RQ'Ii€t:--t-o-r--a A warden or 
other public employee t:e may not 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. 
A person who violates this section commits a Class E crime. 
Sec. 57. 12 MRSA §10501, sub-§II, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
11. 
Failure to give notice of snowmobile accident. 
Failure 
of 
a 
person who is required to give notice of 
a 
snowmobile 
accident under section 
l~lGe 13106-A, subsection 66 n 
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. 
Sec. 58. 12 MRSA §10502, sub-§2, as 
414, Pt. A, §2 and affected by Pt. D, §7, 
enacted by PL 2003, 
is amended to read: 
c. 
2. 
Exemption 
from 
libel 
proceedings. 
The 
following 
property may 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 
having a value less than $10; 
B. 
Any firearm seized in connection with a violation of: 
(1) 
Section 116Ge 11206-A; 
(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 
section and is seized in 
section 10902, subsection 8; 
that is contraband under this 
connection with a 
violation of 
and 
D. 
Any fish 
section and is 
this Part. 
or wildlife that is contraband under this 
seized in connection with any violation of 
Property seized by the commissioner that is exempt from libel 
under 
this 
subsection 
must 
be 
retained 
by 
the 
commissioner 
pending 
disposition 
of 
eli'iRliRa1 
court 
proceedings 
and 
is 
for f e i ted to the S ta te upon c onv i c t i on 
",o-"r---,a~dc.lj-"u~d",i"-,c....".a-",t""i",o,-"n,,-----,,t<±h~a,,-t,,----,tdh±Ee 
person committed the violation. 
Sec. 59. 12 MRSA §10502, sub-§3 is enacted to read: 
.. 
• 
3. 
Dispqsal. 
The 
commissioner 
may dispose of property 
forfeited to the State under this section in a manner considered 
appropriate by the commissioner. 
Sec. 60. 12 MRSA §10502, last 1[, as enacted by PL 2003, c. 414, 
Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 61. 12 MRSA §10503, sub-§8, 1[H, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
H. 
Per mile for all necessary travelf~ 10¢~ and 
Sec. 62. 12 MRSA §§10551 and 10552, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
§l055l. 
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 
EaeSe--&aa~~eFs this 
Part. 
§l0552. Compulsory testimony and witness immunity 
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 Eaase-eaa~EeFs this Part, but the evidence 
given may 
not be 
used against the person testifying in any 
prosecution for such a violation. 
Sec. 63. 12 MRS A c. 907, sub-c. 4 is amended by repealing the 
subchapter headnote and enacting the following in its place: 
SUBCHAPTER 4 
MULTIPLE VIOLATIONS AND SENTENCING ALTERNATIVES 
Sec. 64. 12 MRSA §§10601, 10602 and 10603, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed . 
Sec. 65. 12 MRS A §10605, sub-§I, 1[1[A and B, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to 
read: 
A. 
The person has been convicted of 3 or more Fl':'saiaiEea 
aeES criminal violations under this Part within the previous 
5-year 
period, 
except 
that, 
whenever 
more 
than 
one 
:f}~ehi-gi-t;,ea--a£-t--i-s--vie±a,=ea criminal violation is committed 
at the same time, multiple convictions are deemed to be one 
offense; or 
B. 
The person has been adjudicated as having committed 3 or 
more civil violations under this Part and convicted of 2 or 
more Class E crimes :f}H~SHaHt;,-,=e-see,=ieH-±Q~Qi as a result of 
such prior adjudications within the previous 5-year period. 
Sec. 66. 12 MRSA §§10606 and 10607, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, are repealed. 
Sec. 67. 12 MRSA §10608 is enacted to read: 
§10608. 
Juvenile violations 
Notwithstanding other provisions of law, 
a person who has 
not attained 18 years of age and who is convicted of a crime for 
a violation of this Part that is not defined as a juvenile crime 
under Title 15, section 3103, subsection 1 may not be sentenced 
to imprisonment. 
Sec. 68. 12 MRSA §§10650 and 10650-A are enacted to read: 
§l0650. General rule violation 
Except 
as 
otherwise 
provided, 
a 
person 
who 
violates 
a 
provision of a rule adopted in accordance with this Part commits 
a Class E crime. 
§10650-A. 
Rule violation; motor vehicles on public water supplies 
1. 
Penalties. 
The following penalties apply to violations 
of rules regulating the operation of motor vehicles on public 
water supplies. 
A. A person who violates a rule regulating the operation of 
motor vehicles on public water supplies 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. A person who violates a rule regulating the operation of 
motor vehicles on public water supplies after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 69. 12 MRSA §10651, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
• 
.. 
• 
1. 
Requirement. 
A person ffiaY-Bee shall: 
A. 
~ail--{)-{'--~eE1:iSe--t-o--st;efl 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. 
~ai1-ee-5~ep litQp 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. 
~ai1-e~-£ef1:ise-ee-5eep Stop any snowmobile on request or 
signal of any law enforcement officer in uniform whose duty 
it is to enforce chapter 937; or 
D. 
~ail-t}£--{"-e-t-use--t;.e.-seep Stop any all-terrain vehicle on 
request or signal of any law enforcement officer in uniform 
whose duty it is to enforce chapter 939. 
Sec. 70. 12 MRSA §10652, as enacted by PL 2003, c. 414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§10652. 
Abuse of another person's property while fishing. 
hunting or trapping 
1. 
Prohibitions. 
Prohibitions on the 
abuse of another 
person's 
property while fishing, 
hunting or trapping are as 
follows. 
A. 
A person may not while fishing: 
(1) 
Tear down or destroy any fence or wall on another 
person's land; 
(2) 
Leave open any gate or bars on another person's 
land: or 
(3) 
Trample or destroy any crop on another person's 
land. 
B. 
A person may not while hunting any wild animal or wild 
~ 
(U 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; 
(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 oral or written 
authorization to erect and use a tree ladder or 
stand 
from 
the 
landowner 
or 
the 
andowne r ' 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; 
(3) 
Tear down or destroy any fence or wall on another 
person's land; 
( 4) 
Leave open any gate or bars on another person's 
land; or 
(5) 
Trample or destroy any crop on another person's 
land. 
C. 
A person may not while trapping a wild animal: 
(1) 
Tear down or destroy any fence or wall on another 
person's land; 
(2) 
Leave open any gate or bars on another person's 
land; or 
(3) 
Trample or destroy any crop on another person's 
Except as otherwise provided, a person may not possess any wild 
animal or wild bird taken by hunting or trapping in violation of 
this subsection. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
Sec. 71. 12 MRSA §10653, first" 
as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
• 
• 
.. 
• 
A person may--no-1:--..f-ai-l--t=e shall perform any act, duty or 
obligation enjoined upon that person by this Part. 
Sec. 72. 12 MRSA §10654, as enacted by PL 2003, c. 414, Pte 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
·§10654. 
Harassment of hunters. trappers and anglers 
1. 
Interference 
with 
taking. 
A 
person 
may 
not 
intentionally or knowingly interfere with the lawful hunting, 
fishing or trapping of a wild animal, wild bird or fish. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
2. 
Disturb or 
attempt 
to disturb. 
A person 
may 
not 
intentionally or knowingly disturb or attempt to disturb a wild 
animal, wild bird or fish with the intent to interfere with the 
hunting, fishing or trapping of a wild animal, wild bird or fish. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
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 that 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. 
Property rights otherwise provided by law. 
This section 
does not limit ownership use, 
access or control of property 
rights otherwise provided by law. 
Sec. 73. 12 MRSA §10655, first ~, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
Except as otherwise provided through written agreement, 
a 
person maY-RetT-if-~hat-peEseR who has knowledge that a person is 
lost, stranded or drowned in the woodlands or inland waters of 
the StateT--f-a-i-1--te shall give notice of the lost, stranded or 
drowned person by the quickest means to the Bureau of Warden 
Service. 
Sec. 74. 12 MRSA §10656, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§10656. Defacement of notices 
1. 
Prohibition on defacement of notices. 
A person may not 
intentionally or knowingly mutilate, deface or destroy a notice 
or rule of the commissioner posted in conformity with this Part. 
2. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates this section commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 75. 12 MRSA §10701, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 76. 12 MRSA §10701, sub-§I-A is enacted to read: 
I-A. 
Prohibition. 
Prohibitions 
against 
hunting 
and 
operating under the influence are as follows. 
• 
A. 
A person may not hunt wild animals or wild birds: 
(1) 
While under the influence of intoxicating liquor 
or drugs or a combination of liquor and drugs: 
(2) 
If 21 years of age or older, while having Q.Q8~ or 
more by weight of alcohol in that person's blood: or 
(3) 
If less than 21 years of age, while having any 
amount of alcohol in that person's blood. 
• 
.. 
• 
• 
B. 
A 
person 
may 
not 
operate 
or 
attempt 
to 
operate 
a 
watercraft: 
(1) While under the influence of intoxicating liquor or 
drugs or a combination of liquor and drugs; 
(2) If 21 years of age or older, while having 0.08% or 
more by weight of alcohol in that person's blood; or 
(3) 
If less than 21 years of age, while having any 
amount of alcohol in the blood. 
C. 
A person 
may 
not 
operate 
or 
attempt 
to 
operate 
a 
snowmobile: 
(1) While under the influence of intoxicating liquor or 
drugs or a combination of liquor and drugs; 
(2) If 21 years of age or older, while having 0.08% or 
more by weight of alcohol in that person's blood; or 
(3) 
If less than 21 years of age, while having any 
amount of alcohol in the blood. 
D. 
A person may not operate or attempt to operate an ATV: 
(1) 
While under the influence of intoxicating liquor 
or drugs or a combination of liquor and drugs; 
(2) 
If 21 years of age or older, while having 0.08% or 
more by weight of alcohol in that person's blood; or 
(3) 
If less than 21 years of age, while having any 
amount of alcohol in the blood. 
Sec. 77. 12 MRSA §10701, sub-§§2 and 3, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
2. 
Possession of hunting equipment 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 I-A, paragraph 
A. 
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. 
apply. 
In the following cases the following minimum penalties 
A. 
In the case of a person having no previous convictions 
of 
a 
violation of subsection ± I-A 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 upon request 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, requested 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 ± I-A 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 1, 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 
or more previous 
convictions of violations of subsection ± I-A 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 1 I-A is Class C 8l'imes. 
The minimum penal ties 
specified in this subsection apply, unless a longer minimum 
period otherwise applies. 
Any alternatives defined in subsection 1 I-A 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. 
Sec. 78. 12 MRSA §10702, as enacted by PL 2003, c. 414, Pte 
A, 
§2 and affected by Pte D, §7, is repealed and the following 
enacted in its place: 
§10702. 
Chemical tests 
1. 
Duty to submit. 
A person who hunts wild animals or wild 
birds or operates or attempts to operate a watercraft, 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 watercraft, snowmobile or 
ATV while under the influence of intoxicating liguor 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 liguor or drugs are governed by section 10703. 
2. 
Failure to comply with duty to submit. A person shall 
submit to and 
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 
or operated or attempted to operate a watercraft. snowmobile or 
ATV while under the influence of intoxicating liguor or drugs. 
3. 
Penalties. 
A person who violates this section commits a 
civil violation for which a fine of up to $500 may be adjudged. 
Sec. 79. 12 MRSA §10703, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Prerequisites to tests. 
Before any test is given, the 
law enforcement officer shall inform the person to be tested of 
the consequences of refusing to comply with the test. 
If the 
person fails to comply with the duty to submit to and complete 
the 
requested 
chemical 
tests 
at 
the 
direction 
of 
the 
law 
enforcement officer, that person is committing a civil violation 
for which the per!:'on may be required to pay a ei .... il--.fe.£.feit.~!'e 
fine 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 
liquor or drugs or a combination of liquor 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 prerequisites. 
The only effects of the failure of the 
officer to comply with the prerequisites are as provided in 
subsection 7. 
Sec. 80. 12 MRSA §10703, sub-§4, 1[C, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
C. 
For purposes of evidence in proceedings other than those 
arising 
under 
section 
10701, 
subsection 
± 
l-A, 
it is 
presumed 
that 
a 
person 
was 
under 
the 
influence 
of 
intoxicating liquor when that person has: 
(1) 
For 
a 
person 
years 
of 
age 
or 
older, 
blood-alcohol level of 0.08% or more by weight; and 
a 
(2) For a person less than 21 years of age, any amount 
of alcohol in the blood. 
Sec. 81. 12 MRSA §10703, sub-§8, as 
414, Pt. A, §2 and affected by Pt. D, §7, 
enacted by PL 2003, 
is amended to read: 
c. 
8. 
Statements by 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 ± l-A is admissible if it was made 
voluntarily and is otherwise admissible under the United States 
Consti tution 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 ± l-A 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. 
Sec. 82. 12 MRSA §10703. sub-§10, 1[A, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
A. 
After 
animals or 
operate 
a 
influence 
a 
person has 
been 
charged with hunting wild 
wild birds or with operating or attempting to 
watercraft, 
snowmobile or 
ATV 
while under the 
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 
I-A 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. 
Sec. 83. 12 MRSA §10751, sub-§l, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Form. The commissioner shall furnish application blanks, 
licenses 
and 
permits 
in 
such 
form 
as 
the 
commissioner 
may 
designate. 
~ae-ee~a£~ffieR~-ffiay-~~~~~~~-~-~-~~-~e-eeye~ 
aeffiiais~~a~iye-~~-~e~-~£~-~-e~-~~~~-±ieeases 
aae-pe~ffii~s-Ee~-waiea-a-Eee-is-ae~-p~eyieee-ay-±awT 
Sec. 84. 12 MRSA §10751, sub-§3, as enacted by PL 
2003, c. 
414, Pte A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 85. 12 MRSA §10751, sub-§7, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 86. 12 MRSA §10751, sub-§8 is enacted to read: 
8. 
Transaction 
fees. 
The 
commissioner 
may 
charge 
a 
transaction fee of up to $10 to cover administrative costs for 
the issuance of a license or permit that does not have a fee 
provided by law. 
When 
a transfer of a license or permit or 
exchange of a hunting zone or area is authorized under this Part, 
the 
commissioner 
may 
assess 
a 
$5 
transaction 
fee 
for 
that 
transfer or exchange. 
The commissioner may adopt rules to implement this subsection. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 87. 12 MRS A §10752, sub-§§5 and 6, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
5. 
Persons 
convicted of burglary, 
theft. 
Pe~seas A person convicted of 
offenses 
a~e--no-t--e±i~ia±e is ineligible 
permit issued by the department: 
criminal trespass or 
any 
of 
the 
following 
to obtain a license or 
.. 
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 trapped or hunted the animal. 
If 
tae-~a¥1et1aB a 
person is convicted of an offense under 
paragraph A, 
B or 
C was---a---t-i-r-£-t--eaBvietieB, 
tae that person 
eeBvietee is 
Bet--e~i~is~e ineligible to obtain a 
license or 
permit issued by the department within 2 years of the date of 
that {i~st conviction. 
6. 
License ineligibility following certain offenses. 
The 
following 
a~~~ies--t-o--tae provisions set the period of time a 
person is ineligible to obtain a license following conviction of 
certain offenses. 
A. 
A person convicted of 
a violation of section 12256, 
disturbing traps, is Bet:-€-l-i'3-is;J,e ineligible to obtain any 
license issued by the department for 3 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 
person is 
Bet--e±i~is±e ineligible 
to 
obtain 
a 
license under the following circumstances. 
Part, 
a 
hunting 
(1) 
A person 
in 
violation 
ineligible to 
for 
a 
period 
conviction. 
convicted of shooting a domestic animal 
of 
section 
11210 
is 
Bet--~~~is~e 
obtain a license to hunt in this State 
of at least 5 years from the date of 
(2) 
A person convicted of hunting while under the 
influence of intoxicating liquor or drugs in violation 
of section 10701, 
subsection 1 
I-A is 
Bet--e~~is*e 
ineligible to obtain a license to hunt in this State 
for a period of 5 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 
Bet-e-l-i~is;J,e ineligible to obtain a license to hunt in 
this State for a period of at least 10 years from the 
date of the conviction. 
Sec. 88. 12 MRSA §10753, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. 0, §7, is amended to read: 
§10753. Proof of residency 
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. A resident license is valid as long as the license 
holder continues to satisfy the residency requirements set out in 
section 10001, 
subsection 53 
and the license is not revoked, 
suspended or otherwise invalid under this Part. 
Sec. 89. 12 MRSA §10754, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. 0, §7, is repealed. 
Sec. 90. 12 MRSA §10758, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. 0, §7, is amended to read: 
§10758. Possession of altered license or permit 
A person may not possess a 
this Part that has been altered, 
any manner. 
license or permit issued under 
tampered with or mutilated in 
A person who violates this section commits a Class E crime. 
Sec. 91. 12 MRSA §10801, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. 0, §7, is amended to read: 
4. 
Deposit. 
The commissioner shall deposit funds r.ollected 
by 
agents 
from 
the 
sale 
of 
licenses 
and 
permits 
aae--aay 
l:laeael:lmaeICee--ba-J..-an£-e£---a&-et;-.J-une---3-0-,-199G in the State Treasury 
as undedicated revenue to the General Fund. 
Sec. 92. 12 MRSA §10802, as enacted by PL 2003, c. 414, Pt. 
A, 
§2 and affected by Pt. 0, §7, is repealed and the following 
enacted in its place: 
§10802. 
Rule violations: agent 
The 
following 
penalties 
apply 
to 
violations 
of. 
rules 
regulating hunting and fishing agents. 
• 
1. 
Civil 
violation. 
Notwithstanding 
section 
10650, 
a 
person who violates a rule regulating hunting and fishing agents 
commits a civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
2. 
Crime. 
A person who violates a rule regulating hunting 
and 
fishing 
agents 
after 
having 
been 
adjudicated 
as 
having 
committed 3 or more civil violations under this Part within the 
previous 5-year period commits a Class E crime. 
Sec.93. 12 MRSA §10803 is enacted to read: 
§10803. 
Agent fee cap 
A clerk or agent appointed by the commissioner under section 
10801 to issue licenses or permits may charge agent fees 
as 
provided in this Part up to a 
maximum of $6 during a single 
transaction. For purposes of this section, "transaction" means a 
single event in which one or more licenses or permits are issued 
to a person in that person's name. 
Sec. 94. 12 MRS A §10851, sub-§I, 1f1fA, Band C, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to 
read: 
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 
license. 
The 
fee 
for 
an 
infant 
archery hunting license is $150; 
archery 
resident 
(3-A) 
An 
infant resident lifetime trapping 
The 
fee 
for 
an 
infant 
resident 
lifetime 
license is $150; 
hunting 
lifetime 
license. 
trapping 
(4) 
An infant resident combination of any 2 lifetime 
licenses. 
The fee for an infant resident combination 
of any 2 lifetime licenses is $250; and 
(5) 
An 
infant 
resident 
combination 
of 
a11 
any 
lifetime licenses. 
The 
fee 
for 
an infant resident 
combination of a11 any 3 lifetime licenses is $400; 
B. 
For a resident from 6 to 15 years of age: 
(1) 
A 
fee for 
$300; 
junior resident lifetime fishing license. The 
a junior resident lifetime fishing license is 
(2) 
A junior resident lifetime hunting license. 
The 
fee for a junior resident lifetime hunting license is 
$300; 
(3) 
A 
junior 
resident 
lifetime 
archery 
license. 
The 
fee 
for 
a 
junior 
resident 
archery hunting license is $300; 
hunting 
lifetime 
(3 A) 
A junior resident lifetime trapping license. 
The fee for a junior resident lifetime trapping license 
is $300; 
(4) 
A junior resident combination of 
licenses. 
The fee for a junior resident 
any 2 lifetime licenses is $500; and 
any 2 lifetime 
combination of 
combination 
of 
all 
any 
fee 
for 
a 
junior 
resident 
lifetime licenses is $800; 
(5) 
A 
junior 
resident 
lifetime 
licenses. 
The 
combination of all any 3 
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 
C\ 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; 
(3-A) 
A senior resident lifetime trapping license. The 
fee for a senior resident lifetime trapping 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 
a±± 
any 
lifetime 
licenses. 
The 
fee 
for 
a 
senior 
resident 
combination of a±± any 3 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, $96 ~ 
for a person who purchases the 
license in the year in which that person turns 68 years 
of age and $49 12.Q 
for 
a 
person who purchases the 
license in the year in which that person turns 69 years 
of age; and 
Sec. 95. 12 MRSA §10853, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 to the commissioner for the fishing license toe--t.ae 
eeFRFRissieaeF. 
This complimentary license remains valid for the 
life of the license holder if the license holder continues to 
satisfy the residency requirements in section 10001, subsection 
and the license is not revoked or suspended. 
The application 
must be accompanied by certified evidence that the applicant is 
permanently blind. 
For the purpose of this subsection, "blind" 
means having visual acuity for aistoaato distance vision of 20/200 
if the widest diameter of field of vision subtends an angle no 
greater than 20 degrees. 
Sec. 96. 12 MRSA §10853, sub-§II, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
11. 
Permits 
to 
accommodate 
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 
opportuni ties. 
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 applicant 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 tlmes 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 
that permit and related licensing requirements 
otherwise ineligible for that permit. 
issuance of 
and is not 
Prior 
to 
making 
a 
determination 
of 
eligibility 
under 
this 
subsection, the commissioner or the commissioner's agent shall 
meet with the applicant in person at a location chosen by the 
commissioner to discuss the applicant's needs. 
Each applicant's 
disability and needs must be reviewed in consultation with the 
disabled 
hunter, 
trapper 
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 
minimum 
special 
exceptions necessary to overcome the applicant's disability and 
allow that applicant to safely hunt, trap or fish. 
This does not 
authorize 
the 
commissioner 
to 
issue 
special 
exceptions 
that 
endanger public safety. 
A permit issued under this subsection 
may does 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. 
Sec. 97. 12 MRSA §10853, sub-§12 is enacted to read: 
12. 
Persons with acquired brain injury. 
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. 98. 12 MRSA §10901, as enacted by PL 2003, c. 414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§l0901. 
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 support order" means that the support 
obligor has obtained or maintained health insurance coverage 
if required by a support order and is: 
(1) 
No more than 60 days in arrears in making any of 
the following payments: 
(a) 
Payments in full for current support; 
(b) 
Periodic 
payments 
on 
a 
support 
arrearage 
pursuant 
to 
a 
written 
agreement 
with 
the 
Department of Human Services; and 
(c) 
Periodic payments as set forth in a support 
order; and 
(2) 
No more than 30 days in arrears in making payments 
as described in subparagraph 
(1) if the obligor has 
been 
in arrears 
for 
more 
than 
days 
in 
making 
payments as described in subparagraph (1) at least 2 
times within the past 24 months. 
B. 
"Support order" 
means 
a 
judgment, 
decree 
or 
order, 
whether temporary, final or subject to modification, issued 
by 
a 
court 
or 
an 
administrative 
agency 
of 
competent 
jurisdiction for the support and maintenance of a child, 
including a child who has attained the age of majority under 
the law of the issuing state, or a child and the parent with 
whom 
the 
child is 
living, 
that 
provides 
for 
monetary 
support, health care, arrearages or reimbursement and may 
include related costs 
and 
fees, 
interest and penalties, 
income withholding, attorney's fees and other relief. 
2. 
Compliance. 
In addition to other qualifications for 
licensure 
or 
registration 
and 
conditions 
for 
continuing 
eligibility to hold a license as prescribed by the various 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 support order. 
An applicant for the 
issuance or renewal of a license or an existing licensee who is 
not 
in 
compliance 
with 
a 
support 
order is 
subject 
to 
the 
requirements of Title 19-A, section 2201. 
.. 
• 
• 
4. 
Suspension of 1icense. 
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 the 
support order. 
On condition of payment of a $25 reinstatement 
fee 
to 
the department, 
the 
suspension is 
rescinded 
and 
the 
license reinstated. 
Sec. 99. 12 MRSA §10902, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Refusa1 to issue 1icense 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 te~9*e refuse to issue the license or permit for 
a period of not less than 5 years. 
Sec. 100. 12 MRSA §10902, sub-§4, ~C, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 That person 
is ineligible to have a license may-He.t.-~-g-Fan-t-ed--t;.G-~aa~ 
EletS9B for a period to be determined by the commissioner, 
aat--B9t- which may not be 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. 
(1) 
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 fjnds that 
the petitioner's record does not br ing the peti tioner 
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. 
Sec. 101. 12 MRSA §10902, sub-§6, "C and G, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to 
read: 
C. Night hunting, in violation of section ll69a 11206-A; 
G. 
Buying or selling moose, 
unlawfully hunting moose or 
unlawfully possessing moose, in violation of section 11154, 
11217, 11601, 11652, 
16~96 12302-A, 16694 12304-A, 12305 or 
12403; or 
Sec. 102. 12 MRSA §10902, sub-§7, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
7. 
Mandatory hunting license revocation; 
coyote hunting 
violation. 
A hunting license of a person convicted of hunting 
coyote in violation of section 11160 or 12001 must be revoked and 
that person is 
Re~--e-,l.~i-.e*e ineligible to obtain any hunting 
license for a period of one year from the date of conviction. 
Sec. 103. 12 MRSA §10902, sub-§8, ,A, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
A. 
Introducing fish into inland waters without a permit in 
violation of 
section 
12509, 
SUbsection 
2; 
and 
sections 
12510, 12511 and 12512; 
Sec. 104. 12 MRS A §10902, sub-§8, 'B-1 is enacted to read: 
B-1. 
Possessing fish in violation of section 12611: 
Sec. 105. 12 MRSA §10902, sub-§8, ,n, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
D. 
Buying or selling freshwater sport fish, in violation of 
section ±6a99 12609-A; or 
Sec. 106. 12 MRS A §10904, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§l0904. 
Time limit for nonmandatory suspension decision and 
notice of suspension 
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 day.s after 
that conviction. 
The commissioner shall give written notice of 
• 
all-sRspeBsisBs a suspension immediately following a the 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. 
Sec. 107. 12 MRSA §10906, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§I0906. 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 that person may not engage in the 
particular activity permitted by the license or permit that has 
been suspended or revoked. 
A person who violates this section commits a Class D crime. 
Sec. 108. 12 MRSA §10907, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§I0907. Obtaining suspended or revoked license or permit 
A person may not obtain or attempt to obtain any license or 
permi t 
that has been suspended or revoked by the commissioner 
under this Part. 
A person who violates this section commits a Class D crime. 
Sec. 109. 12 MRSA §10908, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Mandatory revocation. 
The commissioner shall revoke for 
a period of 3 years the 
~Ri9.es guide 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. 
Sec. 110. 12 MRSA §10909, sub-§l, F, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
F. 
For any violation of this section or section 12952 or 
12953 or any rules adopted pursuant to subsection 5; section 
12952, subsection 5; or section 12953, subsection 8. 
Sec. 111. 12 MRSA §10909, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
4. 
Terms of revocation of license. 
A person whose license 
has been revoked under this section maY--aGt; 
-=i-"!s_=-i""n:Ee-=l-=i-';jg-=i",b,-"l,-"e,---,,,t~o 
apply for a new license for a minimum of 3 years. 
Sec. 112. 12 MRSA §10909, sub-§5 is enacted to read: 
5. 
Rules. 
The commissioner may adopt rules to implement 
the provisions of this section. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5 t 
chapter 375, subchapter 2-A. 
Sec. 113. 12 MRSA §11102. as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§11l02. Age limitation for obtaining hunting license 
A person under 10 years of age is ineligible to obtain a 
hunting license. 
Sec. 114. 12 MRSA §§11103 and 11104, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
§11103. Convicted felon 
A person who is prohibited from possessing a firearm under 
Title 15, section 393, subsection 1 is B9t;-eli~iale ineligible 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; eligibility 
A 
A\iBt;iB~--J.-i-oense--may-~.g..t--be--466\ieEl--t.--o--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. is ineligible to obtain a 
hunting license. 
• 
Sec. 115. 12 MRSA §11108, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§11108. Hunting without license 
1. 
On 
certain 
land. 
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. 
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5. 
Hunting assistance. 
A person may assist in a 
hunt 
without a license or permit for that activity as long as that 
person does not carry hunting eguipment or engage in driving deer 
as described in section 11453. 
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Sec. 116. 12 MRSA §11108-A is enacted to read: 
§11108-A. 
Junior hunting 1icense restrictions 
1. 
Hunters at 1east 10 years of age and 1ess than 16 years 
of age; supervisor. 
A person who is the adult supervisor, parent 
or guardian of a holder of a valid junior hunting license under 
years of age may not allow that junior hunter to hunt other 
than in the presence of: 
A. 
That hunter's parent or guardian; or 
B. 
A 
person at least 18 years of age approved by that 
hunter's parent or guardian who either holds a valid Maine 
hunting 
license 
or 
has 
successfully 
completed 
a 
hunter 
safety course acceptable under sections 10108 and 11105. 
2. Supervisor; pena1ties. 
The following penalties apply to 
violations of subsection 1. 
A. 
A person who violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
3. 
Hunters 16 years of age. 
A hunter who is 16 years of 
age and who is hunting with a valid junior hunting license and 
who 
has 
not 
successfully 
completed 
a 
hunter 
safety 
course 
acceptable under sections 10108 and 11105 may not hunt other than 
in the presence of: 
A. 
That hunter's parent or guardian; or 
.. 
• 
B. 
A 
person at least 18 years of age approved by that 
hunter's parent or guardian who either holds a valid Maine 
hunting 
license 
or 
has 
successfully 
completed 
a 
hunter 
safety course acceptable under sections 10108 and 11105. 
4. 
Hunters 
years of 
age; 
penalties. 
The 
following 
penalties apply to violations of subsection 3. 
A. 
A person who violates subsection 3 
commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 3 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
5. 
Expiration 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. 
6. Definition. 
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. 
Sec. 117. 12 MRSA §11109, sub-§3, ~N, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
N. 
A license to use leashed dogs to track wounded eeeF 
animals, which permits a person to use one or more leashed 
dogs to track a lawfully wounded deer, moose or bear, is $25. 
Sec. 118. 12 MRS A §§11110 and 11111 are enacted to read: 
§11110. 
Transfer of hunting areas or zones 
A person who has been assigned a designated hunting area or 
zone by the department for purposes of hunting a game animal may 
exchange 
that 
designated 
zone 
or 
area 
with 
another 
person 
assigned a different hunting zone or area for the 
same game 
animal 
for 
purposes 
of 
hunting 
that 
same 
game 
animal. 
The 
commissioner may adopt rules to implement this section. 
Rules 
adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sllili. 
Tracking wounded animals with leashed dogs; fee for 
services 
A person who holds a valid license issued under section 
11109, subsection 3, paragraph N to use leashed dogs to track 
wounded bear, deer or moose may charge a fee for dog tracking 
services. Notwithstanding section 10001, subsection 28, a person 
is not a guide if the only services that person charges a fee for 
are dog tracking services pursuant to this section. 
Sec. 119. 12 MRSA §11151. sub-§l, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not hunt for bear without a 
valid 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 fine of $50 and an amount equal 
to twice the applicable license fee must be imposed. 
Sec. 120. 12 MRSA §11152. sub-§l, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not hunt antlerless deer as 
authorized in 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. 
Sec. 121. 12 MRS A §11152, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
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 demarcation of each area 
follows recognizable physical boundaries such as rivers, roads 
and railroad rights-of-way. 
Sec. 122. 12 MRS A §11152, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
• 
.. 
.. 
3. 
Rulemakinq. 
The commissioner may adopt rules necessary 
for 
the 
administration, 
implementation, 
enforcement 
and 
interpretation of this section, except that ~aeFe-~~&-Be the 
commissioner is not authorized to establish 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 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 than 15% of the antlerless deer permits issued 
in anyone district or in anyone zone may be issued to 
nonresident and alien hunters. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 123. 12 MRSA §11152, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
5. 
Junior hunter and senior hunter permit transfers. 
A 
junior hunter or a person 65 years of age or older may take an 
antlerless deerT 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. 
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~a*iB~-aB-aB~±e~±ess-aee~T 
Sec. 124. 12 MRSA §11152, sub-§6 is enacted to read: 
6. 
Transfer of antlerless 
deer 
permit to person with 
ambulatory disabilities. 
A person who holds a valid antlerless 
deer permit may transfer that permit to a person who is suffering 
from the loss of, or the permanent loss of the use of, both lower 
extremities. 
The commissioner shall administer transfers under 
this subsection. 
Sec. 125. 12 MRSA §11153, sub-§3 is enacted to read: 
3. Penalty. 
Each day a person violates this section 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. 
Sec. 126. 12 MRSA §11154, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Permit 
required. 
Except 
as 
otherwise 
al:lt;a.e!'iseEl 
pl:lr6l:laii-t--t;e provided in this Part, 
a person may not hunt or 
possess a 
moose unless that person has a valid permit issued 
under this section. 
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t;a.at;-~~£~£-~~~~-b±ass-E-~~~-~r-wa.iea.-a-~~~-~~~-ef 
$9Q-aiia-~~-~~-t;e-t;wiee--t£€-~~~~-~~-~-ffil:lst; 
ae-~ffiP~£eElT 
A person without a moose permit may possess moose 
parts lawfully sold under section 11217, subsection 2, paragraph 
.!,"h. 
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. 
Sec. 127. 12 MRSA §11154, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
4. 
Big game hunting license required. 
While hunting moose 
aet;a., the permittee and the 
subpermitteeT-ma:y--not--f.a.~1--t;e .shall 
each have in that person's possession 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. 
Sec. 128. 12 MRSA §11154, sub-§6, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
6. 
Application 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 
ffiay-~-~-refl:laEleEl is nonrefundable. 
A person may file no more 
than 
one 
application. 
A 
person 
who 
submits 
more 
th.an 
one 
application is disqualified from the selection of permittees. 
The application must be accompanied by an application fee of: 
" 
.. 
A. 
For a resident: 
(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 
B. 
For a nonresident: 
(1) 
Ten dollars for a one-chance application; 
(2) 
Twenty dollars for a 3-chance application; 
(3) 
Thirty dollars for a 6-chance application; and 
(4) 
Fifty 
dollars 
for 
a 
multiple 10-chance options 
may 
June 30, 2005, a nonresident may 
10-chance application per year. 
10-chance 
applicationL 
be 
purchased. 
After 
not file more than one 
Sec. 129. 12 MRSA §11154, sub-§II, 1[C, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
c. 
An eligible person wishing to apply for a permit under 
this subsection sA.a;!,;!, must 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, 
ffiay-BeE-se-£ef~Baea is 
nonrefundable. 
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. 
Sec. 130. 12 MRSA §11154, sub-§l1, 1[1, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
I. 
The 
commissioner 
may 
adopt 
rules necessary for 
the 
proper 
administration, 
implementation, 
enforcement 
and 
interpretation of this subsection. 
Rules adopted pursuant 
to this paragraph are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 131. 12 MRSA §11155, sub-§1, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, 
a person may not hunt or possess wild 
turkey unless that person has a valid permit issued under this 
section. 
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eeffiffii~s-~~-b&&&-E-€~~me-~~--wai&a-a-~~~-~~-ef-~~~-aR 
affie~R~-e~~a±-~e-~wiee-~Re-app±ieaa±e-±ieeRse-fee-ffi~s~-ae-iffipesesT 
A person who violates this subsection commits a Class E crime for 
which the court shall impose a fine of not less than $500, none 
of which may be suspended. 
The court also shall impose a fine of 
$500 for each turkey unlawfully possessed, none of which may be 
suspended. 
Sec. 132. 12 MRSA §11155, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 
$10 
for 
nonresidents 
and 
aliens. 
The 
application fee ffiay-Re~-ae-Fef~Rses is nonrefundable. 
Sec. 133. 12 MRSA §11156, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Rules. 
The commissioner may adopt rules necessary for 
the proper administration, enforcement and interpretation of this 
section. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Ti tle 5, chapter 375, subchapter 
2-A. 
Sec. 134. 12 MRSA §11157, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
4. 
Expiration date. 
Migratory waterfowl hunting permits 
expire on December 31st of the year issued. 
Sec. 135. 12 MRSA §11158, sub-§1, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Certification required: 
hunt migratory game birds unless 
this section. 
This section does 
State who is 70 years of age 
complimentary license pursuant to 
exception. 
A 
person may not 
that person is certified under 
not apply to a resident of the 
or older and who 
is issued a 
section 10853, subsection 1. 
• 
.. 
• 
A_~~~_viela~e6_~~~~~~_eeffiffii~6_~~~~~_viela~ieH 
Ee~-w£~€£-~-~~~~~~r&-eE-~~~-~~-~~&-$lQQ-~~~-~~-~~&-$§QQ 
ffiay-he-aa}Qa~eaT-QHle66-etae~wi6e-6~eei~ieaT 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged, unless otherwise specified. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 136. 12 MRSA §11159, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
4. 
Rules. 
The commissioner may adopt rules necessar:;. for 
the proper administration and enforcement of this section. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 137.12 MRSA §11160, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 116Qe 11206 A within 5 years of the date of 
application for the permit. 
Sec. 138. 12 MRSA §11201, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§11201. Hunting during closed season 
1. 
Closed season; general. 
A person may not hunt any wild 
animal or wild bird during the closed season or possess any wild 
animal or wild bird taken during the closed season on that wild 
animal 
or wild bird. 
Except 
as 
otherwise provided in this 
section, a person who violates this section commits a Class E 
crime. 
2. 
Bear. 
A person 
who 
hunts 
or possesses 
a 
bear 
in 
violation of this section commits a Class D crime for which the 
court shall impose a sentencing alternative 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. 
3. 
Deer. 
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. 
Sec. 139. 12 MRSA §11203, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates this section commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 140. 12 MRSA §11205, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§11205. Hunting 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. 
2. 
Penalties. 
A person who violates subsection 1 commits a 
Class E crime. 
Sec. 141. 12 MRSA §11206. as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 142. 12 MRSA §11206-A is enacted to read: 
§11206-A. 
Night hunting 
• 
" 
1. 
Prohibition. 
Except as otherwise provided in this Part, 
a person may not: 
A. 
Hunt wild birds or wild animals from 30 minutes after 
sunset to 30 minutes before sunrise of the following day; or 
B. 
Possess any wild animal or wild bird taken in violation 
of paragraph A. 
2. Penalty. 
A person who violates subsection 1 commits a 
Class D crime for which the court shall impose 
a 
sentencing 
alternative of not less than 3 days for the first offense, none 
of which may be suspended, and of not less than 10 days for each 
succeeding offense, none of which may be suspended; the court 
also shall impose a fine of not less than $1,000, none of which 
may be suspended. 
Sec. 143. 12 MRSA §11207, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 144. 12 MRSA §§11208 and 11209, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
§11208. 
Unlawful shooting or discharge of firearm 
1. 
Shooting or discharge of firearm over or near public 
paved way. 
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 
Part. 
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--~~~~-~-vie~a~e~--~ais-~-~-£~~£--a 
b±ass-i-el'iERe ... 
2. 
Penalty. 
A person who violates subsection 1 commits a 
Class E crime. 
§11209. 
Discharge of firearm near dwelling 
1. 
Prohibition. 
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 
yards 
of 
a 
residential 
dwelling without the permission of the owner or, in the 
owner's absence, of an adult occupant 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-pe~sea-WRe-vie±ates-tRis-S~9seetiea-eeffiffiits-a-b±ass-E-e~iffieT 
2. 
Penalty. 
A person who violates subsection 1 commits a 
Class E crime. 
Sec. 145. 12 MRS A §11211, 
A, §2 and affected by Pt. D, 
enacted in its place: 
as enacted by PL 2003, c. 414, Pt. 
§7, is repealed and the following 
S11211. 
Unlawful use of firearm in Southport 
1. Prohibited act. 
A person may not use any firearm other 
than a shotgun in the Town of Southport or the islands within the 
confines of the Town of Southport. 
• Penal ties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates subsection 1 
commits 
a 
civil 
violation for which a fine of not more than $100 nor less 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 146. 12 MRSA §11212, sub-§I, ~A, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
A. 
A person may not shoot while in or on a motor vehicle or 
motorboat or while in or on a trailer or other 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 shoot from a motorboat wBen-tBe-mete~ 
~s-~£~~-~~-~aG-tBe if that boat is a~~~t~n~r-aeaeBear 
meeFear-~-&&t:-ing--a-t--a-&Ghe-F--~--~S not being propelled 
selely by paaaler-eaFs-eF-pele its motor. 
Sec. 147. 12 MRSA §11212, sub-§2 is enacted to read: 
2. 
Penalty. 
A person who violates subsection 1 commits a 
Class E crime. 
Sec. 148. 12 MRSA §11213, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 149. 12 MRSA §11213-A is enacted to read: 
§11213-A. 
Shooting at or near wildfowl decoys 
1. 
Shoot or shoot at decoy. 
A person may not with 
a 
firearm shoot or shoot at a wildfowl decoy of another person. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
2. 
Shoot within area of another person's decoys. 
A person 
may not with a firearm 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. 
A person who violates this subsection commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 150. 12 MRSA §11214, sub-§2 is enacted to read: 
2. 
Penalty. 
A person who violates subsection 1 commits a 
Class E crime. 
Sec. 151. 12 MRSA §11215, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§11215. 
Use of motorized vehicle to kill. injure or molest 
wild animals or wild birds 
1. Prohibition. 
A person may not intentionally kill, injure 
or molest a wild animal or wild bird with a: 
A. 
Motor vehicle; 
B. 
Motorboat; or 
C. 
Aircraft. 
2. Penalty. 
A person who violates subsection 1 commits a 
Class E crime. 
Sec. 152. 12 MRSA §11216, sub-§2, ~A, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
A. 
A person who violates subsection 1 without the taking of 
a bear, deer or moose commits a civil violation for which a 
~e~~e~~H~e fine of not less than $100 nor more than $500 may 
be adjudgedT-Haless-e~Re~w~se-spee~~~ea. 
Sec. 153. 12 MRS A §11216, sub-§2, llC is enacted to read: 
C. 
A person who violates subsection 1 without the taking of 
a 
bear, 
deer or moose after having been adjudicated as 
having committed 3 or more civil violations under this Part 
within the previous 5-year period commits a Class E crime. 
Sec. 154. 12 MRSA §11217, sub-§l, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Prohibition against buying 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; or 
B. 
Aid in buying, selling or offering for sale or bartering 
a: 
(1) 
Bear; 
(2) 
Deer; 
(3) 
Moose; or 
(4) 
Wild turkeYT-e~~ 
GT--~~~-e~-~~~i~-a~a-~~-9~Y~B§T-~1~~~,--effe~~B§ 
fe~-sa~e-e~-9a~~e~iB§-a+ 
Hj.--8eaH 
Sec. 155. 12 MRSA §11217, sub-§2, ,B, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
B. 
Notwi thstanding 
see~~eB--l-Q..6..0.6--a&--i-t.--app-~l,e..s--~e section 
12954, the skin and head of a deer lawfully registered by 
that person; 
Sec. 156. 12 MRSA §§11219, 11220 and 11221, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed 
and the following enacted in their place: 
§11219. 
Hunting on state game farm 
1. Prohibition. 
A person may not hunt on a state game farm 
at any time. 
2. Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who 
violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
§11220. 
Bunting in licensed wildlife exhibit 
1. 
Prohibition. 
A person 
may 
not 
hunt 
in 
a 
licensed 
wildlife exhibit at any time. 
• Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who 
violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
§11221. Disposal of offal; littering 
1. Prohibition. 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. 
2. Penalties. The following penalties apply to violations of 
this section. 
A. 
A person who 
violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than 
$500 
may 
be 
adjudged. 
Additionally, 
a 
person 
who 
violates subsection 1 violates the Maine Litter Control Act, 
Title 17, chapter 80 and is subject to the penal ties set 
forth in that Act. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
.. 
• 
Sec. 157. 12 MRS A §11222, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 158. 12 MRSA §11223, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 159. 12 MRSA §11251, sub-§l, ,A, as enacted by PL 2003, 
·c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 prohibi ting the use of bait to hunt black 
bear during any portion of the open bear hunting season. 
Rules 
adopted 
pursuant 
to 
this 
paragraph 
are 
routine 
technical 
rules 
as 
defined 
in 
Title 
5, 
chapter 
375, 
subchapter 2-A. 
Sec. 160. 12 MRSA §11301, sub-§I, ,C, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
C. 
The bait is placed more than 500 yards from a 
a~ffip site 
permitted or licensed for the disposal of solid waste or Q 
campground; 
Sec. 161. 12 MRS A §11301, sub-§2 is enacted to read: 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
Sec. 162. 12 MRS A §11302, sub-§3 is enacted to read: 
3. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
Sec. 163. 12 MRSA §11303, sub-§l, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Dump 
demarcation. 
The 
commissioner, 
or 
the 
commissioner I s agent, shall establish a line of demarcation at 
least 
aQQ 
.5.QQ yards from sites permitted or licensed for the 
disposal of solid waste. 
Sec. 164. 12 MRSA §11303, sub-§§2 and 3, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed and the 
following enacted in their place: 
2. 
Prohibition. 
A person may not within the area described 
in subsection 1: 
A. 
Hunt bear; 
B. 
Trap bear; 
C. 
Molest or harass a bear; or 
D. 
Release dogs for the purpose of hunting a bear. 
The commissioner, or the commissioner's agent. is exempt from 
this prohibition for the purpose of live-trapping nuisance bears. 
3. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates subsection 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 2 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 165. 12 MRSA §11304, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§11304. 
Permission to harvest another person's bear 
A person may not, 
without the permission of the person 
conducting the hunt, kill or wound a bear that is treed or held 
at bay by another person's dog or dogs. 
A person who violates this section commits a Class E crime. 
Sec. 166. 12 MRSA §11351, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§11351. Bear bag limit 
1. 
Hunting or trapping bear after having killed one. 
A 
person may not hunt or trap bear after that person has killed or 
registered one during any open season. 
A--pe-r-5Gn--w~-... i-e~at:es 
t:his-s~B6eet:ieB-€effimi~6-a-~~a££-~~~~~~-~~-~a&-ee~F~-6hal1 
im~ese-a-~~~-&~~F&a~i-~-iBvelviB~-a-~~~~~-im~F~seameBt: 
Bet:-t:e-eK€ee4-~~~-~£~-~~~~-~~~~~-~~-~i-Be-e~-Bet: 
less-t:haB-$lTgggT-BeBe-et-whieh-maY-Be-sQs~eBeeeT 
• 
.. 
• 
,. 
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 wRe-~~~~~-~ai&-6~a6e€~ie£-~it~-a 
G±ass-~-~~~-feF--waiGh-~~-€e~£~--&hall--~-~-seHEeHeiH~ 
alEeFHaEive-~~~~-a-~~~~~-im~£i6eRme£~-~-te-~-lgG 
aaysf-~ae-€e~£~-~~~~~-~~~-~~~~-~~-~&&-~BaH-$lTGGGT 
HeHe--()'f--whiGa-ffiay--be--6~speHaea may keep more than one legally 
obtained bear in that person's home at any time. 
3. Penalty. 
A person who violates subsection 1 or 2 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. 
Sec. 167. 12 MRSA §11352, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§11352. 
Bear tags and tagging bear 
1. 
Bear tags. 
The commissioner shall prescribe the form 
and content of and produce a bear tag. 
2. 
Tagging. 
Prior to presenting a bear for registration, a 
person may not possess or leave in the field or forest a bear 
killed by that person unless the bear has securely attached to it 
a 
plainly 
visible 
tag 
that 
conforms 
to 
the 
requirements 
established under this section. 
3. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who 
violates subsection 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 2 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 168. 12 MRSA §11353, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 169. 12 MRS A §11354, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§11354. Possessing gift bear 
A person may not possess any part or parts of a bear given 
to that person unless that gift bear is plainly labeled with the 
name of the person who registered it and the year the bear was 
registered by that person. 
A person who violates this section commits a Class E crime. 
Sec. 170. 12 MRSA §11401, sub-§I, 1[B, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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; and 
~6}--~~~&&Fm~&a~~&-i6-~-aae-~~~£~€4-~~~~-te 
Jyae-~st-ef-aay-yeaFt-aaa 
(3) 
The 
Saturday 
season on deer is 
State only. 
preceding the 
an open day 
first day 
for residents 
of open 
of the 
Sec. 171. 12 MRS A §11402, sub-§4, 1[B, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 
recognizable physical boundaries, such as 
and railroad rights-of-way. 
must 
follow 
rivers, roads 
~6}--~a€-~~~~~~~~-~ae&e-a£ea6-~-~~-aaa 
~YBlisRea-pFieF-te-Ay~yst-~st-ef-eaeR-yeaFT 
(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 
.. 
• 
• 
• 
• 
• 
Sec. 172. 12 MRSA §11403, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Open archery 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, 
including mechanical broadheads when 
open, 
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. 
A person who violates this subsection commits a Class E crime. 
Sec. 173. 12 MRSA §11452, as enacted by PL 2003, c. 414, Pte 
A, §2 and affected by Pt. D, §7, is amended to read: 
§11452. Baiting deer 
1. 
Prohibitions. 
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 
agricultural 
that 
are 
left 
as 
operations or as a 
occurrence; or 
a 
result 
result of 
of 
normal 
a natural 
(3) 
Bear bait that is placed at a bear hunting stand 
or blind in accordance with section 11301, subsection 1. 
2. 
Penalty. 
A person who violates subsection 1 commits a 
Class E crime. 
Sec. 174. 12 MRSA §11454, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. 0, §7, is repealed and the following 
enacted in its place: 
§11454. Hunting deer with .22 caliber rimfire cartridge 
1. 
Prohibition. 
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. 
2. 
Penalties. 
The following penalties apply to violations 
of subsection 1. 
A. 
A person who violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 175. 12 MRS A §11501, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. 0, §7, is amended to read: 
1. 
Exceeding bag limit. 
A person may not possess more than 
one deer during any open season, except as otherwise provided. 
A 
person may keep more than one legally obtained deer in that 
person's home at any time. 
Sec. 176. 12 MRS A §11502, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. 0, §7, is amended to read: 
.. 
• 
.. 
§11502. Deer tags and tagging 
1. 
Deer tags. 
The commissioner shall prescribe the form 
and content of a-aeeF-~a~ and produce a deer tag tba~-is-paF~-ef 
a-bi~-~affie-bQHti-H~-li-eeHse. 
2. 
Tagging. 
A Prior to presenting a deer for registration, 
.2, person may 
notT-¥-i-()-r--~~-f>"£"-e-s-e£~-i£'4§J--a--aee~--f-o-r--Fe~is~FatieHT 
possess or leave in the fi-elas field or EeFests forest a deer 
killed by that person taat.--dGe-&-£-e-t--bave unless the deer has 
securely attached to it aHa 
.2, plainly visible a-.e€eF tag that 
conforms to the requirements 
ef-~-i-on--l established under 
this section. 
3. Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates subsection 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 2 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 177. 12 MRSA §11503, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pte D, §7, is repealed and the following 
enacted in its place: 
§115Q3. Gift deer 
A person may not possess any part or parts of a deer given 
to that person unless that gift deer is plainly labeled with the 
name of the person who registered it and the year the deer was 
registered by that person. 
A person who violates this section commits a Class E crime. 
Sec. 178. 12 MRSA §11551, as enacted by PL 2003, c. 414, Pte 
A, §2 and affected by Pt. D, §7, is amended to read: 
§11551. Commissioner authority regarding moose 
The 
eemi-ssi-eHeF 
commissioner 
may 
issue 
applications 
for 
moose 
hunting 
permits, 
issue 
permits 
and 
make 
all 
rules 
pertaining to moose hunting permits, including provisions for the 
permittees who are selected for a permit but unable to use the 
permit. 
The 
commissioner 
may 
make 
all other rules that the 
commissioner considers necessary for the protection of the moose 
resource. 
Sec. 179. 12 MRSA §11601, sub-§4 is enacted to read: 
4. 
Unlawful possession. 
A person may not possess a moose 
that has been hunted in violation of this section. 
Sec. 180. 12 MRSA §§11603 and 11604, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed and the 
following enacted in their place: 
§11603. 
Unlawful firearms for hunting moose 
1. Prohibition. 
A person may not use a .22 caliber rimfire 
firearm or a shotgun using shot loads to hunt moose. 
2. Penalties. 
The following penalties apply to violations 
of subsection 1. 
A. 
A person who violates subsection 1 
commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
§11604. 
Unlawful hunting methods 
1. Prohibition. 
A person may not use electronic calling 
devices while hunting moose. 
2. Penalties. 
The following penalties apply to violations 
of subsection 1. 
A. 
A person who 
violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 181. 12 MRSA §11651, as enacted by PL 2003, c. 414, Pte 
A, §2 and affected by Pt. D, §7, is repealed. 
• 
.. 
• 
.. 
• 
Sec. 182. 12 MRSA §§11652, 11653 and 11654, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed 
and the following enacted in their place: 
§11652. 
Bag limit 
1. One moose per permit holder. 
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. 
Except as provided in sections 12401 and 12402, 
a person may not shoot more than one moose in a calendar year. 
A 
person may keep more than one legally obtained moose in that 
person's home at any time. 
2. 
Possession. 
A person 
may 
not 
possess 
a 
moose 
in 
violation of this section. 
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. 
§11653. 
Tagging moose 
1. 
Tags. 
The commissioner shall prescribe the form and 
content of and produce moose tags. 
2. Tagging. 
Prior to presenting a moose for registration, a 
person may not possess or leave in the field or forest a moose 
killed by that person unless the moose has securely attached to 
it a 
plainly visible tag that conforms 
to 
the 
requirements 
established under this section. 
3. Penalties. 
The following penalties apply to violations 
of subsection 2. 
A. 
A person who violates subsection 2 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 2 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
§11654. 
Unlawful possession of gift moose 
A person may not possess any part or parts of a moose given 
to that person unless that gift moose is plainly labeled with the 
name of the person who registered it and the year the moose was 
registered by that person. 
A person who violates this section commits a Class E crime. 
Sec. 183. 12 MRS A §11701, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. 0, §7, is amended to read: 
§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 requirements, 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. 
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. 
A 
person may not hunt or possess a wild turkey taken outside the 
legal hunting time. 
A person who violates this section commits a Class E crime 
for which the court shall impose a fine of not less than $500, 
none of which may be suspended. 
The court also shall impose a 
fine of $500 for each turkey unlawfully possessed, none of which 
may be suspended. 
Sec. 184. 12 MRSA §11702, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. 0, §7, is repealed. 
Sec. 185. 12 MRSA §11751, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. 0, §7, is amended to read: 
§11751. Unlawful possession of wild turkey 
1. 
Possession of wild turkeys. 
A person may not possess a 
wild turkey e*eep~-JR-~~~€-~1t~-&&&~~-~~~99r-6~B6ee~4eBs 
1--~e--&r--&ee~ieB6 in violation of 
any 
rule 
adopted 
by 
the 
commissioner under section l170lr-~~~Q~-~-~~~r-&&&~~a-~6~Q4T 
saesee~4eB-~t-aBa-see~4eB-16~Q9. 
~T--~ssess~-eL--wi~-~~~-pa£~6T--~-~~-~Y--BetT 
Be~wi~RstaBa4B~-£€£~J~-~~~,--&~~&&&~~a-1T-pe££€££-~-~~~-eF 
paF~s-e~-~~~~-~~~~r-aa~e&&-eaeR-~~~-~~~~~~-~a~~-w4tH 
tRe-Baffie-aBa-aaaFess-e~-tRe-peFseB-wRe-Fe~4steFea-sRe-w41a-saF*eYT 
• 
• 
• 
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 
~er of $500 for each turkey unlawfully possessed, 
none of which may be suspended. 
Sec. 186. 12 MRSA §11752, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§11752. 
Tagging wild turkey 
1. 
Tags. 
The commissioner shall 
~rescribe the form and 
content of and produce wild turkey tags. 
2. 
Tagging. 
Prior 
to 
presenting 
a 
wild 
turkey 
for 
registration, a person may not possess or leave in the field or 
forest a wild turkey killed by that person unless the wild turkey 
has securely attached to it a plainly visible tag that conforms 
to the requirements established under this section. 
• Penal ties. 
The following penalties apply to violations 
of this section. 
A. 
A person 
who 
violates 
subsection 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 2 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 187. 12 MRS A §11753 is enacted to read: 
§11753. Gift wild turkey 
A person may not possess any part or parts of a wild turkey 
given to that person unless that gift wild turkey is labeled with 
the name of the person who registered it and the year the wild 
turkey was registered by that person. 
A person who violates this section commits a Class E crime. 
Sec. 188. 12 MRS A §11801. sub-§§1 and 3, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
1. 
Unlawful hunting of wild turkey. 
A person may not hunt 
wild 
turkeysT--~~--~~--aeeeFaaBee--~~~--~~~~--±±±§§T 
sQBsee~ieBs-~-~~~r-see~ieBs in violation of rules adopted under 
section 11701T-~~~~~-~-~~~~r-see~ieB-~~~~~-~~-~r-aBa 
see~ieB-±66g§. 
3. 
Penalties. 
A person who violates 
sQBse€~ieB--l this 
section commits a Class E crime for which the court shall impose 
a fine of not less than $500, none of which may be suspended. 
The court also shall impose 
a 
fine of $500 for each turkey 
unlawfully killed, none of which may be suspended. 
Sec. 189. 12 MRSA §11851, sub-§3 is enacted to read: 
3. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
Sec. 190. 12 MRS A §§11853 and 11855, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed and the 
following enacted in their place: 
S11853. 
Closed season; Haley Pond 
1. 
Prohibition. 
A person may not hunt waterfowl on Haley 
Pond in the Town of Rangeley and Dallas Plantation in the County 
of Franklin. 
2. Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who 
violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
S11855. 
Unlawful use of migratory game birds 
1. 
Prohibition. 
Unless 
specifically 
permi tted 
by 
regulations of the federal Migratory Bird Treaty Act, 16 Uni ted 
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, a person may not: 
A. 
Hunt migratory game birds; 
B. 
Possess migratory game birds; 
• 
• 
C. 
Transport migratory game birds; or 
D. 
Buy or sell migratory game birds. 
2. Penalty. 
A person who violates subsection 1 commits a 
Class E crime. 
Sec. 191. 12 MRS A §11856 is enacted to read: 
§11856. 
Pheasants 
The commissioner shall establish by rule a hunting season 
for male pheasants that disallows the taking of female pheasants 
in certain areas of the State. 
Rules adopted pursuant to this 
section are 
routine technical 
rules 
as 
defined in Title 
5, 
chapter 375, 
subchapter 2-A. 
A person may not take a 
female 
pheasant in an area subject to the provisions of this section. 
A 
person who violates this section commits a Class E crime. 
Sec. 192. 12 MRSA §11951, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§11951. 
Hunting hares and rabbits with dogs 
A person may use a dog to hunt, or may be accompanied by a 
dog while hunting, wild hares or rabbits during the open firearm 
season on deer. 
Sec. 193. 12 MRSA §11952, sub-§2 is enacted to read: 
2. 
Penalty. 
A person who violates subsection 1 commits a 
Class E crime. 
Sec. 194. 12 MRSA §11953 is enacted to read: 
§11953. 
Unlawful possession of wild hares or wild rabbits 
1. 
Unlawful possession; closed season. 
A person may not 
possess a wild hare or rabbit taken during the closed season. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor morE). 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
2. 
Unl.awful. possession: prohibited method or device. 
A 
person may not possess a wild hare or wild rabbit taken by any 
method or with any device prohibited by section 11952, subsection 
or section 12252, subsection 2, paragraph A, B or C. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 195. 12 MRSA §12001, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§l.200l.. Night season and restrictions 
1.. 
Open night hunting season. 
Notwithstanding the night 
hunting prohibitions in section ±±6QS 11206-A, there is an open 
season for hunting coyotes at night in all counties of the State 
from January 1st to April 30th is-es~aBlisaes. 
aT--~~r-~~~-heQ£ST--~~~-aQR~iR~--~-limi~es-~~-~ae 
aeQ~s-~~~~-aeaF-a~~e~-~--aaG-~~rl-~-~~~-SQR~ise 
aRs-eea6e6-a~-ffii4n~~£~-~~~~~~~-~~~-a~-16~Q1-aTmT 
eaea-MeRsaYT 
3. 
Cal.l.ing devices required. 
A person may not hunt coyotes 
at 
night 
without 
possessing 
an 
electronic, 
hand-held 
or 
mouth-operated predator calling device. 
A person who 
hunts 
coyotes 
in violation of this 
subsection 
commits a Class E crime. 
Sec. 196. 12 MRSA §12051, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
3. 
Possessing firearm whil.e 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. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
• 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
Sec. 197. 12 MRSA §12051, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 198. 12 MRSA §12051, sub-§5 is enacted to read: 
5. 
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. 
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 acguired by the permittee and possessed in accordance 
with section 12152. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 199. 12 MRSA §12052, sub-§4, ~C, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
C. 
A person ffiay-aa~-fail-~a shall plainly and conspicuously 
post the boundary line of a special dog training area with 
legible notices at least 11 inches square, 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. 
Sec. 200. 12 MRSA §12052, sub-§8, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
8. 
Violation of license restriction. 
A person may 
not 
violate 
any 
restriction of 
a 
license 
or 
permit 
issued 
in 
accordance with this section. 
A. 
A person who violates a license or permit restriction 
under this section 
commits a civil violation for which a 
fine of not less than 
$100 
nor more 
than $500 
may 
be 
adjudged. 
B. 
A person who violates a license or permit restriction 
under this section after having been adjudicated as having 
committed 3 or more civil violations under this Part within 
the previous 5-year period commits a Class E crime. 
Each day a person violates a license or permit restriction under 
this section that person commits a separate violation. 
Sec. 201. 12 MRSA §12053, sub-§1, ~C, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 202. 12 MRSA §12053, sub-§2 is enacted to read: 
• Penal ties. 
The following penalties apply to violations 
of this section. 
A. 
A person who 
violates 
subsection 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
• 
Sec. 203. 12 MRSA §12055, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
5. 
Violation of restrictions. 
A person may not violate any 
restriction of a license or permit issued in accordance with this 
section. 
A. 
A person who violates a license or permit restriction 
under this section 
commits a civil violation for which a 
fine of not less than $100 
nor more 
than $500 
may be 
adjudged. 
• 
• 
B. 
A person who violates a license or permit restriction 
under this section after having been adjudicated as having 
committed 3 or more civil violations under this Part within 
the previous 5 year period commits a Class E crime. 
Each day a person violates a license or permit restriction under 
·this section that person commits a separate violation. 
Sec. 204. 12 MRSA §12101, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§12101. License to operate commercial shooting area 
~Y----lssuaBeey----~h&--~~~---~--J££~e---±ieeRses 
aasae~iBiR~--~~--essaa±isameRs--~--e~e~asieR--~---eemme~eia± 
saeesiR~-~~-~e-~~~~~-~J£~£,---A-~~~--saeeEiR~ 
a~ea-~~£~~~~~-Eae-~-~~-a-£~£~~-~~-a~ea 
Ee--&ha~-~~~-~~--~ae--e~~eF~aRi~y-~~-~--ma~~a~~--aae*sT 
~aeasaREsT-~~~r-~~~--Fa~~~ia~e--aRe-~-~-~~~J~~-iR 
saaE-~~--A-€emme~€ia~-~-~-a~ea-~~~-i&-¥a~Ja-~~--eRe 
yea~-aRa-is-~eRewaa±e-aRRaa±±YT 
I A. 
License required. 
A person may not charge others for 
the opportunity to hunt mallard ducks, pheasants, quail, Chukar 
partridge and Hungarian partridge in an area or establish a 
commercial shooting area for such purposes 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. 
A. 
Nothing in this subsection prohibits the operator of a 
commercial shooting area from authorizing a person to hunt 
other wild birds or wild animals in the 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. 
I-B. 
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. 
road or highway is considered to be 
of this paragraph: and 
Property bisected by a 
contiguous for purposes 
D. 
The 
land must 
be 
owned or 
leased by 
the 
licensed 
operator of the commercial shooting area. 
A person is 
Ba&--e-J.-i~·iI"le ineligible 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. 
A renewal of 
a 
shooting 
area 
commercial shooting area wi thin 
shooting area, 
notwithstanding 
renewed license is applied for 
expiration of the old license. 
license 
miles 
paragraph 
within 6 
may 
be 
issued for 
a 
of another commercial 
A, 
as 
long 
as 
the 
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 subsequent year, $250, payable prior to July 
1st of each year. 
4. 
Requirements. 
The following test:tiet:iaBs requirements 
apply to a commercial shooting area. 
A. 
The 
operator of 
the 
commercial 
maintain and keep open to inspection 
the department a register of: 
shooting area shall 
by representatives 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 
provide to each person taking birds in 
invoice or bill of sale for possession 
those birds. 
shooting area shall 
that area a receipted 
and transportation of 
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. 
~Re-epe~a~e~£-~-~~B&~~-SReeEiR~-a~ea-ffiaY-~--~~~-&&-~eeE 
ERe-~e~ai~e~eREs-e~-ERis-saaseeEieRT 
4-A. Penalties. 
The following penalties apply to violations 
of subsection 4. 
A. 
A person who 
violates subsection 4 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 4 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
5. 
Enforcement. 
Enforcement of the trespass laws of 
a 
commercial shooting area is the responsibility of the owner and 
~ay is not in any manner to be considered an obligation of the 
department. 
fiY---~~~i9B6y---~~--~~~~--eHee~~ieBs--~~--~--a 
e9ffi~e~eia~-sR99~iR~-a~eaT 
AT---~~~~~~--&aa&ee&ieR--~~---~--epe~a~e~--~---a 
e9~~e~eia~--&~&~~-~~-ffiay--aa~R9~ise-~-~~-~e--RaR~ 
9~Re~-~~~-aire&-~--w~kG-a~~ffia~£--~-a-~~~~-SR99EiR~ 
a~ea-~-~-~Re-~~~~-epe~--~&&&-~-&~~-~~--iB 
aeee~eaRee-wi~R-~hi£-~~~~-~~~~~~-~~&&&-~&&&e&&e&-a 
ya~ie-6~a~e-h~~~i~~-~~~~€-~~-~~~~~-a~&&~~-&~-~R9Se 
wi~e-ai~es-aRe-wi~e-aRi~a~sT 
Sec. 205. 12 MRSA §12151, 
A, 
§2 and affected by Pt. D, 
enacted in its place: 
as enacted by PL 2003, c. 414, Pt. 
§7, is repealed and the following 
SI2ISI. Keeping wildlife in captivity 
1. 
Prohibition. 
A 
Eerson 
may 
not 
keeE 
wildlife 
in 
captivity except as provided under sections 10105, subsection 10, 
12102, 12152, 12155, 12157, 12158 and 12704 and Title 7, section 
1809 or exceEt if the wild animal was purchased from a dealer or 
Eet shop licensed under Title 7, section 3933. 
2. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates subsection 1 
commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A Eerson who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 206. 12 MRSA §12152, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 207. 12 MRS A §12153, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
S121S3. 
Violation of rules regarding wild animals in captivity 
The following Eenalties apply to the violation of rules 
regarding wild animals in captivity. 
1. 
Civil. 
A person who violates a 
rule regarding wild 
animals in captivity commits a civil violation for which a fine 
of not less than $100 nor more than $500 may be adjudged. 
2. 
Criminal. 
A person who violates a rule regarding wild 
animals in captivity after having been adjudicated as having 
committed 3 or more civil violations under this Part within the 
Erevious 5-year period commits a Class E crime. 
Sec. 208. 12 MRS A §12154, first~, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
Notwithstanding section lQaQa 12151 as it applies to section 
12152, 
section lQaQa 
12151 does 
not apply to migratory game 
birds, partridge, grouse or pheasant owned by the department. 
Sec. 209. 12 MRSA §12155, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
.. 
• 
.. 
• 
• 
1.. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not: 
A. 
Introduce or import wildlife into the State; or 
B. 
Receive or possess wildlife introduced or imported into 
the State. 
This subsection does not apply to a person who 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. 
Sec. 210. 12 MRS A §12157, as enacted by PL 2003, c. 414, Pte 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§1.21.57. 
Permit to transport wildlife for breeding and 
advertising 
1.. Permit required. 
The commissioner may issue a permit to 
anyone permittin9 that person to take and transport within the 
limi ts of the State wildlife taken in the State for breedin9 or 
advertisin9 purposes. 
2. Prohibition. 
A person may not take or transport within 
the limits of the State wildlife taken in the State for breedin9 
or advertisin9 purposes unless that person holds a valid permit 
issued under this section. 
3. Penalty. 
Each day a person violates subsection 2 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. 
Sec. 211. 12 MRSA §12158, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
4. 
Reqyirements; leg band required. 
The followin9 are leg 
band requirements for rin9neck pheasants. 
A. 
Upon 
receipt 
of 
shipment, 
importers 
of 
rin9neck 
pheasants shall attach securely to each bird a permanent le9 
~ 
B. 
A person may not remove a leg band attached to a bird 
under this subsection until the bird is finally prepared for 
consumption. 
Each day a person violates this subsection that person commits a 
Class E crime. 
Sec. 212. 12 MRSA §12159, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
1. 
Prohibition; penalties. 
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. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 213. 12 MRSA §12159. sub-§3. as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 214. 12 MRSA §12201, sub-§I-A is enacted to read: 
I-A. 
Trapping by agents of commissioner. 
The comm~ssioner 
may 
authorize 
a 
full time 
department 
employee 
to 
trap wild 
animals without a license for purposes of animal damage control. 
A person serving 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 this section prior 
to 
trapping or 
attempting to trap a wild animal. 
Sec. 215. 12 MRSA §12201, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Eligibility. 
purchase 
a 
trapping 
sUbsection 3. 
The 
following persons 
are eligible 
license, 
subject 
to 
the 
provisions 
to 
of 
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. 
Nonresident aliens are 
Ret--&~i~ia~e ineligible to purchase 
a 
trapping license. 
Sec. 216. 12 MRSA §12201, sub-§8, as enacted by PL 2003, c. 
414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
8. 
License violations. 
The following penalties apply to 
violations of restrictions of licenses under this section. 
A. 
A person who violates a restriction of a license issued 
under this section commits 
a civil violation for which a 
fine 
of not less 
than 
$100 
nor 
more 
than 
$500 
may 
be 
adjudged. 
B. 
A person who violates a restriction of a license issued 
under this section after having been adjudicated as having 
committed 3 or more civil violations under this Part within 
the previous 5-year period commits a Class E crime. 
Each day a person violates a restriction of a 
license issued 
under this section is a separate offense. 
Sec. 217. 12 MRS A §12203, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 218. 12 MRSA §12251, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§12251. C10sed seasons 
1. 
Genera1. Except as otherwise provided 
except as the commissioner may establish by 
inconsistent with this chapter, 
there is 
a 
season on trapping any wild animal or wild bird. 
in this Part and 
rule that is not 
perpetual closed 
2. 
Unity Uti1ities 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. 
C10sed season vio1ation. 
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. 
A person who violates this subsection commits a Class E crime. 
Sec. 219. 12 MRSA §12252, sub-§4 is enacted to read: 
4. 
Pena1ty. 
A person who violates this section commits a 
Class E crime. 
Sec. 220. 12 MRSA §12253, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§12253. Consent to trap 
1. 
Trapping without written consent. 
A person may not, 
without first obtaining the written consent of the landowner or 
occupant, 
trap any wild animal 
on 
land in any 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. 
A person who violates this subsection commits a Class E crime. 
• 
• 
... 
• 
2. 
Trappinq 
near 
occupied 
dwellinq 
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. 
A person who violates this subsection commits a Class E crime. 
3. 
villaqe. 
mile 
Trappinq near 
compact, 
built-up portion of city or 
A person may not trap outside that person's land within 
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-~~~-vie±ates-~~~~~~-eemmits-~~~~~-vie±atieB 
~e~-w£~€£-~-~~~~&~r&-e~-£~~-~~-&~&-$*gg-£~-~~-&&~&-$9gg 
may-ae-aaj~a~eaT 
3-A. Penalties. 
The following penalties apply to violations 
of subsection 3. 
A. 
A person who violates subsection 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 3 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
4. 
Proof of ownership of land. 
Before any prosecution is 
made under subsection 1 or 2, 
the landowner or occupant shall 
p~eve provide proof to 
the 
commissioner of that landowner's 
ownership or that occupant's occupancy of the land in question. 
5. 
Permission to trap on land of another. 
This section may 
~ 
not ae-eeast~~ea-te give license or permission to set, place 
or tend traps on property that is owned by another person. 
Sec. 221. 12 MRSA §12254, as enacted by PL 2003, c. 414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§12254. 
Labeling traps 
1. Prohibition. 
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. 
2. Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 222. 12 MRSA §12255, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§12255. 
Tending traps 
1. 
Failure to visit traps. 
A person may-Be~ shall: 
A. 
While trapping in an organized or incorporated place 
Eail-t:e: 
(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 Eail-t:e: 
(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. 
A person who violates this subsection commits a Class E crime. 
.. 
• 
.. 
• 
2. 
Failure to remove animal from trap. 
A person maY-Ret; 
Eai.l--t;e shall remove or cause to be removed from that person's 
trap an animal found caught in that trap. 
A person who violates this subsection commits a Class E crime. 
3. 
Carrying 
a 
firearm while 
trapping. 
Notwithstanding 
section 
11205, 
subsection 
1, 
paragraph 
A 
and 
section 
116GB 
11206-A, subsection 1, paFa~FapRs paragraph A aaa-g, 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. 
Sec. 223. 12 MRSA §12257, as enacted by PL 2003, c. 414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§12257. 
Trapping by certain department employees 
1. Prohibition. 
A department biologist or warden may not 
trap wild animals for profit while on duty within the district to 
which that person is assigned. 
. 
Penal ties. 
The following penalties apply to violations 
of this section. 
A. 
A person who 
violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 224. 12 MRSA §12258, sub-§2. as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Restrictions. 
A licensed trapper w,i,Ul--aa who holds a 
valid eel permit may for purposes of baiting traps take eels by 
eel pots or hook and line. 
A person harvesting eels under this 
subsection may not use any means other than eel pots or hook and 
line to take eels and may not take more than 20 pounds of eels 
annuallYT-hy-~~-~~&-eF-£eek-~-.l-ia&-ea±YT-~~-~-i&-Ba,i,t;,i,a~ 
tFaps. 
Sec. 225. 12 MRSA §12258. sub-§3, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
3. 
Penalties. 
The following penalties apply to violations 
of 
a restriction of 
a 
permit issued in accordance with this 
section. 
A. 
A person who violates a restriction of a permit issued 
in accordance with this section commits a civil violation 
for which a fine of not less than $100 nor more than $500 
may be adjudged. 
B. 
A person who violates a restriction of a permit issued 
in 
accordance 
with 
this 
section 
after 
having 
been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime ._ 
Each day a person violates a restriction of a permit issued in 
accordance with this section is a separate offense. 
Sec. 226. 12 MRS A §12259, sub-§3. as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
3. 
Nonresident trapping beaver. A nonresident may not trap 
beaver in this State. 
A person who violates this subsection commits a Class E crime. 
Sec. 227. 12 MRS A §12260. sub-§§2, 3 and 5, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to 
read: 
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. 
~A~~p~e~r~s~o~n~~w~h~o __ ~v~i~o~l~a~t~e~s~~t~h~i~s~_s~u~b~s~e~c~t~i~o~n 
commits a Class E crime. 
3. 
Setting bear traps. 
by this subsection. 
Setting traps for bear is governed 
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. 
A person who violates this subsection commits a Class E crime . 
5. 
Exceeding bag limit on bears. 
-A-
Except as otherwise 
provided in this Part, 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 
~ee 
to exceed 180 days and a fine of not less than $1,000, none of 
which may be suspended. 
Sec. 228. 12 MRSA §12260. sub-§6, 1fA, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
A. 
The 
commissioner, 
or the commissioner's agent, 
shall 
establish a line of demarcation at least 699 500 yards from 
sites permitted or licensed for the disposal of solid waste. 
Sec. 229. 12 MRSA §12260, sub-§6, 1fB, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
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. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates subparagraph 1 after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5 year 
period commits a Class E crime. 
Sec. 230. 12 MRSA §12301, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 231. 12 MRS A §12301-A is enacted to read: 
§12301-A. 
Registration of harvested animals 
1. 
Registration stations established. 
The 
commissioner 
shall adopt rules governing the establishment and closure of 
bear, deer, moose and wild turkey registration stations for the 
purpose of registering harvested bear, 
deer, 
moose 
and wild 
turkey and to allow for the collection of biological and hunti~ 
data. 
Rules 
adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
2. 
Agents 
designated. 
An 
agent 
designated 
by 
the 
commissioner must be in charge of each bear, deer, moose or wild 
turkey 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, moose or wild turkey. 
Sec. 232. 12 MRSA §12302, 
as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 233. 12 MRSA §12302-A is enacted to read: 
§12302-A. 
Timely registration of bear, deer, moose or wild turkey 
1. 
Requirement. A person who kills a bear, deer, moose or 
wild turkey shall: 
A. 
Remain with that animal until it is registered, except 
as provided in section l2303-A; 
B. 
Present that animal for registration in that person's 
name at the first open registration station for 
tha~ animal 
on the route taken by that person; and 
.. 
• 
• 
• 
C. 
Leave the registration seal attached to the animal in 
accordance 
with 
section 
l230l-A 
until 
that 
animal 
is 
processed and packaged for consumption. 
2. Penalty. 
A person who violates this section commits a 
Class E crime. 
Sec. 234. 12 MRSA §12303, as enacted by PL 2003, c. 414, Pte 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 235. 12 MRS A §12303-A is enacted to read: 
§12303-A. 
Time limits for registering bear. deer, moose or 
wild turkey 
1. 
Time limits. 
A person may not keep any of the following 
unregistered wild animals at home or any place of storage for 
more than 18 hours: 
A. 
Bear; 
B. 
Deer; 
C. 
Moose; or 
D. 
Wild turkey. 
This subsection does not apply to an animal that is kept in an 
official registration station for that animal or at the office of 
a game warden. 
A person may leave in the woods an unregistered 
harvested animal if that person notifies a game warden within 18 
hours as to the location of that animal and the circumstances 
necessitating leaving that animal in the woods. 
2. Penalty. 
A person who violates this section commits a 
Class E crime. 
Sec. 236. 12 MRSA §12304, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec.237. 12 MRSA §12304-A is enacted to read: 
§12304-A. 
Condition of animal presented for registration 
1. 
Prohibition. 
Except 
as 
provided in subsection 
2, 
a 
person must present the following wild animals for registration 
in their entirety: 
A. 
Bear; 
B. 
Deer; 
C. 
Moose; or 
D. 
Wild turkey. 
2. Exceptions. 
A person may present a bear, deer, moose or 
wild turkey for registration as follows: 
A. The viscera and rib cage of the animal may be removed in 
a 
manner 
that permits 
determination of 
the 
sex 
of 
the 
animal; and 
B. 
A moose may be dismembered for ease of transportation, 
and the lower legs, head and hide of a moose may be removed. 
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. 
3. Disposal of moose parts not presented for registration. 
A person may not place the parts of a moose not presented for 
registration where they are visible to a person traveling on a 
public or private way. 
4. Penalty. 
A person who violates this section commits a 
Class E crime. 
Sec. 238. 12 MRSA §12305. sub-§2 is enacted to read: 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
Sec. 239. 12 MRSA §12306. sub-§1. as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Prohibition. 
A person 
may 
not possess 
any of 
the 
following animals if that animal has not been legally registered 
as provided in 6ee~ieBs-±~~g±-aBa-±~J94 this chapter, unless that 
animal is possessed in accordance with chapter 921: 
A. 
Bear; 
• 
J 
B. 
Deer; 
C. 
Moose; or 
D. 
Wild turkey. 
Sec. 240. 12 MRS A §12306, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 241. 12 MRSA §12306, sub-§3 is enacted to read: 
3. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
Sec. 242. 12 MRSA §12351, as enacted by PL 2003, c. 414, Pt. 
'A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
S123S1. Transportation 
1. Prohibition. 
A person may not transport a harvested wild 
animal or wild bird unless that animal is lawfully possessed by 
that person. 
2. Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates subsection 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 243. 12 MRSA §§12352 to 12356, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, are repealed. 
Sec. 244. 12 MRSA §12402. sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
5. 
Failure 
to 
report 
wounding, 
taking 
or 
killing of 
nuisance wild animal or to properly 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. 
A person who violates this subsection commits a Class E crime. 
Sec. 245. 12 MRSA §12403, sub-§§1 and 3, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
1. 
Claims. The State FRay--no-t.--,Elay is not liable for any 
claims for damages to a motor vehicle by a wild animal or wild 
bird. 
3. 
Penalties. 
The 
following 
penalties 
apply 
HBae~ to 
violations of 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 
Ee~Eei~H~e fine of not less than 
$100 nor more than $500 may be adjudged. 
A 1. 
A person who fails to report an accident in accordance 
wi th subsection 2, paragraph A or removes a portion of a 
carcass in violation of subsection 2, 
paragraph C after 
having been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year period 
commits a Class E crime. 
B. 
A person who possesses a moose 
iB~H~ea involved 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. 
Sec. 246. 12 MRSA §12404, sub-§§2, 3, 5 and 6, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to 
read: 
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. 
A person who violates this subsection commits a Class E crime. 
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. 
A person who violates this subsection commits a Class E crime. 
.. 
• 
5. 
Deer. 
This subsection applies to the 
~a*ia~-e~-ki~~iB~ 
eE control of nuisance deer 
EeI:l.Ba--do-i-nq--eaRla~e in orchards and 
crops. 
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 owner of a 
young orchard in which the department assumes 1/2 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 
mooseT 
ea~iBel:l.T or deer e~-e±k 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 
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 mooseT-€a~iaeI:l.T or deer eF-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 
in writing to the owner or keeper of the dog, 
the acts committed by the dog. 
notice 
stating 
(2) 
After the 
written notice 
prohibi ted by 
owner or keeper of the dog has 
that 
the 
dog 
has 
committed 
paragraphs E--aae E-1, 
E-2, 
F 
received 
any act 
and 
G, 
anyone may kill the dog when it is found committing any 
of those prohibited acts. 
D. 
A person having evidence of 
a 
dog chasing, 
killing, 
wounding or pursuing a mooseT-eaE~BeYT or deer eF-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 
captivity, 
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 having jurisdiction. 
(1) 
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 evidence 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. 
ET--EK~~-~-~Fe~iaea-iR-~~~-~r-~Re-~-~r-kee~eF 
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f l}- - - !!'h_a~- -owruH:"-'-&- _G_F_ - kee~e F.!.. S - £ri-FB.- -dog-,- -F-et,.F_~ ... i-ag- -ee~ 
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meR~ieRee--~H--~h€--~~~~-~~--~--t,.ae--eWReF~&--eF 
kee~eF.!..s-immeeia~e-eeH~FelT 
E-1. 
Except as provided in paragraphs F and G, the owner or 
keeper of a dog is in violation of this paragraph if that 
owner's or keeper's bird dog, retrieving dog or hound dog is 
found killing or wounding 
a 
moose, 
deer or wild turkey 
during a period in which it is lawful to train dogs, 
as 
provided for in section 12051, subsection 1, while the dQg 
is at a licensed dog training area or at a licensed trial 
for retrieving dogs. 
'. 
• 
" 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
E-2. Except as provided in paragraphs F and G, the owner or 
keeper of a dog is in violation of this paragraph if 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. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
F. 
The owner or keeper of a dog eemmit,s--a--c-i¥-i-l--.... ielat,ieR 
fe~-w£J~£-~-~~F~&i~~F&-ef-~--~-t,BaR-$~~~-~-~~-t,RaR 
$lT999T-~~~-wRieR-~-~-6H6FeReeeT-~-~-aejHe~ee i~ 
in violation of this paragraph if that owner's or keeper's 
dog is found .. chasing or pursuing a moose, 
deer or wild 
turkey at any time or any other wild animal in closed season. 
(1) 
GRasiR~-~-~~i~~-meeseT-€~~J~~-~-~F-el* 
at,-~~y-~~~~--~&y-et,Re~-wJJe-~~-~-&~&&G-6ea6eRt 
e~ A person who violates this paragraph commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
(2) 
Ki±±iR~-B~-~i~-a-mee6eT-€~~~~~-~-~F-e±* 
at,-aBy-~Jme-~-~-~~-~i-l~~bm&l--i&-el~&&e-seaseR A 
person who violates this paragraph after having been 
adjudicated 
as 
having 
committed 
or 
more 
civil 
violations under this Part within the previous 5 year 
period commits a Class E crime. 
G. 
The owner or keeper of a dog is in violation of this 
paragraph if that owner's or keeper's dog is found killing 
or wounding a moose, deer or wild turkey at any time or any 
other wild animal in closed season. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 247. 12 MRSA §12456, sub-§3 is enacted to read: 
3. 
Rules. 
Rules 
adopted pursuant to this section are 
routine technical rules as defined in Title 5, 
chapter 375, 
subchapter 2-A. 
Sec. 248. 12 MRS A §12457, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§12457. Restricted areas 
1. 
Closed waters. 
Except as the commissioner may by rule 
provide and as provided in subsection 2, the following waters are 
closed to fishing: 
A. 
The 
area within 
feet 
of 
any 
eaffi--ia--wsies--a 
operational fishway is-±eea~ee, 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 
River 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 dam must be closed to fishing at 
all times; 
.. 
• 
(4) 
At East Outlet Dam in Sapling Township, T1R7, 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. 
2. 
Prohibition. 
A person may not fish in inland waters 
closed to fishing as described in this section except that a 
person may fish for alewives and smelts in the manner provided 
under the laws regulating marine resources. 
3. 
Penalty. 
A person who violates this section commits a 
Class E crime. 
The court shall also impose a fine of $20, none 
of which may be suspended, for each fish unlawfully possessed. 
Sec. 249. 12 MRSA §12460 is enacted to read: 
§l2460. 
Smelt fishing in Long Lake 
Notwithstanding section 12456, a person may fish for smelt 
by use of a dip net in the parts of Long Lake and its tributaries 
that are within Township 17, Range 3, Aroostook County. 
A person 
may not: 
1. 
Exceed daily bag limit. 
Exceed the daily bag limit of 2 
guarts per person. 
A person who violates this subsection commits 
a Class E crime; or 
2. 
Harvest for 
commercial purposes. 
Harvest 
smelt 
for 
commercial 
purposes. 
A person 
who 
violates 
this 
subsection 
commits a Class D crime for which a fine of not less than $1,000 
may be adjudged. 
3. 
Repeal. 
This section is repealed December 31, 2005. 
Sec. 250. 12 MRSA §12501. sub-§7, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
7. 
Reciprocity with New Hampshire. 
WheB-similaF-~e~is~a~ieB 
is--ena<J-t-ed--ey As long as the State of New Hampshire has similar 
laws, 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. 
Sec. 251. 12 MRSA §12502, sub-§2, as enacted by PL 2003, c. 
414, Pte A, 
§2 and affected by Pte D, §7, is repealed and the 
following enacted in its place: 
2. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who violates the terms of a special privilege 
under this section commits a civil violation for which a 
fine of not less than $100 
nor more 
than $500 
may 
be 
adjudged. 
B. 
A person who violates the terms of a special privilege 
under this section after having been adjudicated as having 
committed 3 or more civil violations under this Part within 
the previous 5-year period commits a Class E crime. 
Each day a person violates the terms of a special privilege under 
this section is a separate offense. 
Sec. 252. 12 MRSA §12503, sub-§§2, 3, 4, 5 and 6, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to 
read: 
2. 
Land 
used 
for 
agricultural 
purposes; 
domicile. 
Ne~wi~hstanain~-~~~~-~~~-a6-~~--applie&-~~~~~-6HeeRap~eFT 
aBY 
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 6ee~ieB6 
lQ&Q&-aBa section 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 
revocation. 
All 
other 
provisions 
of this 
Part 
fishing apply during a free fishing day. 
suspension or 
relating to 
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. 
AT--~-eay--a-~~-vie*a~e6-~~-~e~m£--&~-~~-6peeia* 
p~ivi*e~e-~~~~~--~a~&-6QB6ee~iea-~~-~~-eeffiffiiE6 
a-~~~--¥~~a~~&-~e~-~~-a-~~~~~~~-&~-£e~--~-~Baa 
$lgg-aaa-ae~-ffie~e-~Baa-$9gg-ffiaY-Be-aa~Qa~eaT 
B. 
A permit holder: 
(1) 
May not allow fishing to go on for more than 3 
~ 
(2) 
May not allow any fishing activity that is not 
conducted as part of an educational program; and 
(3) 
Shall provide direct supervision. 
C. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A permit holder who violates paragraph B commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
( 2) 
A person who violates paragraph B after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
Each day a person violates paragraph B is a separate offense. 
5. 
Patients 
at 
Veterans 
Administration 
Hospital. 
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 supervisors shall have 
in their possession while fishing a valid pass issued by the 
Veterans Administration Hospital. 
AT--~-Qay--a-~~-vie±aEes-~~-~e~m£-~~-~~-speeia± 
p~ivi±e~e-~~~~--Eai&-£~B£e€~JeR-~~-~~~&-eemmiES 
a-~~~--~~~aE~&-~e~-~~-a-~~~~~~~~~-Re~--~-EaaB 
$lQQ-aBa-BeE-me~e-EhaB-$§QQ-may-be-aa~Qa~eaT 
B. An inpatient at the Veterans Administration Hospital at 
Togus permitted under this subsection: 
(1) 
May not fish beyond a 25-mile radius of Togus: and 
(2) 
Shall have supervision while fishing or have in 
that inpatient's possession a valid pass issued by the 
hospital. 
C. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates paragraph B commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
(2) 
A person who 
violates~agraph B after 
been adjudicated as having committed 3 or more 
violations under this Part within the previous 
period commits a Class E crime. 
having 
civil 
5-year 
Each day a person violates paragraph B is a separate offense. 
6. 
Fishing 
during 
event 
sanctioned 
by 
department. 
NeEwiEhsEaBaiB~-6e€~JeR-~~~~~-~-~~-~~~~~-~~~&-&abeaapEeFr-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. 
Sec. 253. 12 MRSA §12504, sub-§3-A is enacted to read: 
3-A. Violation of rules: penalty. 
Except as provided in 
section 12602, the following penalties apply to violations of 
rules adopted under this section. 
A. 
A person who violates a rule adopted under subsection 3 
commits a civil violation for which a fine of not less than 
$100 nor more than $500 may be adjudged. 
B. 
A person who violates a rule adopted under subsection 3 
after having been adjudicated as having committed 3 or more 
civil violations under this Part within the previou~ 5-year 
period commits a Class E crime. 
.. 
Sec. 254. 12 MRSA §12505, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
5. 
Rules. The commissioner shall adopt all rules necessary 
to carry out the purposes of this section, including, but not 
limited to: 
A. 
Requiring 
that 
precautions 
be 
taken 
so 
that, 
if 
possible, 
all 
fish 
caught 
may 
be 
retained 
alive 
and, 
following the close of the tournament, be released into the 
body from which they were taken; 
B. 
Fixing the maximum total value of prizes that may be 
awarded at each tournament; and 
C. 
Limi ting the length of 
a 
tournament to 
days. 
A 
tournament lasting more than one day must be a regional or 
multistate tournament sanctioned by the applicant bass club. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 255. 12 MRS A §12505, sub-§6 is enacted to read: 
6. 
Violation of rules; penalty. 
Except 
as 
provided in 
section 12602, 
the following penalties apply to violations of 
rules adopted under subsection 5. 
A. 
A person who violates a rule adopted under subsection 5 
commits a civil violation for which a fine of not less than 
$100 nor more than $500 may be adjudged. 
B. 
A person who violates a rule adopted under subsection 5 
after having been adjudicated as having committed 3 or more 
civil violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 256. 12 MRSA §12506, as enacted by PL 2003, c. 414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§12506. 
Alewife. eel. suc~er and yellow perch harvesting 
method permit; elver prohibition 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part and except as provided in subsections 5 and 
5-A, 
a person may not fish for or possess the following fish 
using the harvesting methods listed in subsection 2 without a 
valid permit issued under this section: 
A. Alewives; 
B. Eels; 
C. Suckers; 
D. Lampreys; or 
E. Yellow perch. 
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 adopt rules providing 
for the issuance of permits to fish for or possess the following 
fish using the following harvesting methods in the inland waters 
of the State, provided the permits do not interfere with any 
rights granted under section 6131: 
A. 
Eels using eel pots or weirs; 
B. 
Suckers and yellow perch using trap nets, dip nets or 
spears; 
C. 
Lampreys by hand or using hand-held dip nets; and 
D. 
Alewives using trap nets, dip nets, spears or fish ~um~s . 
The commissioner may place conditions on the use of gear allowed 
under this subsection and may prohibit or restrict the use of any 
gear 
used 
to 
concentrate 
species 
for 
harvest 
under 
this 
subsection. 
Each day a person violates a condition or restriction ~laced on 
the 
use 
of gear 
allowed 
under this subsection, 
that 
~erson 
commits a Class E crime. 
3. 
Fees: 
transfer of permit. 
The 
minimum 
fee 
for 
an 
individual permit for 
alewives, 
suckers, 
lam~reys and yellow 
~erch is $42. 
A crew permit may be sold for alewives, suckers, 
lam~reys and yellow ~erch for $100, authorizing up to 3 persons 
to engage in the permitted activity. 
The annual fee for an eel 
~ot or weir permit is $100. 
An eel pot or eel weir ~ermit is not 
transferable. 
4. 
Five-year 
limited entry; 
eel weirs. 
A 
person 
is 
ineligible to receive 
an eel weir permit unless that 
~erson 
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 can be no more than 
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; 
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-A without 
a 
permit under subsection 2. 
6. 
Eels 
and 
elvers 
prohibitions. 
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. 
A person who violates this subsection commits a Class E crime. 
7. Other harvesting methods for suckers. 
Notwithstanding 
subsection 1, 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, by bow and arrow or by snagging. 
A. 
A person may not use a bow and arrow to harvest suckers 
unless the arrow used has a barbed or pronged point and the 
arrow is attached to the bow with a line. 
B. The following penalties apply to violations of paragraph 
A---
(1) A person who violates paragraph A commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
(2) A person who violates paragraph A after having been 
adjudicated 
as 
having 
committed 
or 
more 
civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 257. 12 MRSA §12507, sub-§§5 and 6, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed and the 
following enacted in their place: 
5. 
Requirements. A licensee shall: 
A. 
Keep a license issued under subsection 2 constantly and 
publicly posted in the office or place of business of the 
licensee: 
B. 
Be licensed for each wholesale and retail outlet from 
which a person sells fish: 
C. 
Identify in a manner approved by the commissioner the 
name and address of the source of all fish offered for sale 
or sold under this section: and 
D. 
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. 
Penalties. 
The following penalties apply to violations 
of subsection 5. 
A. 
A person who violates subsection 
commits 
a civil 
violation for which a fine 
of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 5 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Each day a person violates subsection 5 is a separate violation. 
Sec. 258. 12 MRSA §12508, sub·§4, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
4. 
Requirements. Except as otherwise authorized under this 
Part, a person shall: 
A. 
Kill all fish taken from a private fee pond operated 
pursuant to this section prior to their transportation from 
the site: and 
B. 
Tag all fish transported from the site as provided by 
rules 
adopted 
by the 
commissioner. 
Rules 
providing for 
tagging 
adopted 
pursuant 
to 
this 
paragraph 
are 
routine 
technical 
rules 
as 
defined 
in 
Title 
5, 
chapter 
375, 
subchapter 2-A. 
Each day a person violates this subsection that person commits a 
Class E crime. 
Sec. 259. 12 MRSA §12509, sub·§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, 
a person may not introduce, 
import or 
transport any live fish or gametes into the State or receive or 
have in that person' s possession fish or gametes so introduced, 
imported or transported without a valid permit issued under this 
section. 
Eaea--day--a b. person who violates this subsectionr--t-ha-t--pe!'sea 
commits a Class E crime £9!'--whi-£-h--a--miaiRHim-...f-i-ne--GE---$-e.Q--and--aa 
am9HaE-e~Ha±-~e-~w~-£€--t~~1-i~~1~-~~-~~~&~-be-impeseaL 
except that. notwithstanding Title 17-A, section 1301, the fine 
may not be less than $1,000 nor more than $10,000. 
Sec. 260. 12 MRSA §§12511 and 12512, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed and the 
following enacted in their place: 
§12511. 
Permit to introduce fish or fish spawn into 
private pond 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part. a person may not introduce fish or fish 
spawn into a private pond 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 nor more than $10,000. 
2. 
Issuance. The commissioner may issue a written permit to 
introduce fish or fish spawn into a private pond. 
§l25l2. 
Permit to transport live fish for breeding 
and advertising 
1. 
Permit 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not take and transport within 
the limits of the State fish taken in the State for breeding or 
advertising purposes 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 nor more than $10,000. 
2. 
Issuance. 
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. 
Sec. 261. 12 MRSA §12551, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 262. 12 MRSA §12551-A is enacted to read: 
§l255l-A. Dealing in live smelts 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 or baitfish to anglers. 
2. 
License required. 
A person may not: 
A. Possess for resale, sell or offer to sell live smelts, 
Osmerus 
mordax, 
or live baitfish, 
as defined in section 
10001, 
subsgction 
6, 
without 
an 
appropriate 
and 
valid 
license i§!sued under subsection 3· , 
B. Engage in taking or assist in taking live baitfish for 
rgsale 
from 
inland 
waters 
without 
a 
valid 
baitfish 
wholesaler'S license; 
C. 
Engage in 
re§!ale 
from 
license; or 
taking 
inland 
or assist in taking live smelts for 
waters 
without 
a 
smelt wholesaler's 
Page lll-LR2679(1} 
... 
• 
D. Sell live smelts or baitfish from more than one facility 
without an appropriate and valid license for each facility. 
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. 
ISSuance; eligibility. 
The commissioner may issue to a 
resident or nonresident upon payment of the appropriate fee: 
A. 
A live bait retailer's license that permits a person to 
possess for resale, sell or offer to sell live smelts and 
baitfish; 
5. 
A baitfish wholesaler's license that permits a person to 
take and possess for resale, sell or offer to sell live 
baitfish; and 
C. 
A smelt wholesaler's license that permits a person to 
take and possess for resale, sell or offer to sell live 
smelts. 
4. 
Schedule of fees. 
The fees for licenses under this 
section are: 
A. 
For a live bait retailer's license, $14; 
5. 
For a baitfish wholesaler's license, $24; and 
C. 
For a smelt wholesaler'S license, $69. 
5. 
Live 
bait 
retailer's 
license 
authorizations 
and 
restrictions. 
The provisions of this subsection apply to the 
selling of live smelts and baitfish under a live bait retailer's 
license. 
A. 
The holder of a live bait retailer's license may: 
(1) 
Sell live baitfish or 
smelts 
acquired 
from 
a 
person licensed under this section to deal in live 
baitfish or smelts; 
(2) 
Designate others to assist in selling live smelts 
and baitfish at the license holder's business facility; 
(3) 
Transport live smelts and bai tfish or designate 
another to transport live smelts and baitfish on the 
license holder's behalf; and 
Page l12-LR2679(1) 
(4) 
Possess more than the daily bag limit of smelts, 
provided that the smelts were acguired from a person 
licensed under this section to deal in live smelts. 
B. 
The holder of alive bait retailer's license: 
(1) 
May not take or possess for the purposes of retail 
sale live baitfish or smelts from the inland waters of 
the State or private pondsj 
(2) 
Shall present a receipted invoice, bill of lading, 
bill of sale or other satisfactory evidence of the 
lawful possession of live baitfish or smelts for retail 
sale to any agent of the commissioner upon reguest; or 
(3) 
May not possess at that person's place of business 
any species of fish that may not legally be sold as 
bait. 
Each 
day 
a 
person violates 
this 
paragraph that person 
commits a class E crime. 
6. 
Baitfish 
wholesaler'S 
license 
authorizations 
and 
restrictions. 
The 
prov~s~ons of this subsection apply to the 
taking and selling of baitfish under the baitfish wholesaler's 
license. 
A. 
The holder of a baitfish wholesaler's license may: 
(1) 
Take for the purpose of sale live baitfish from 
the inland waters of the State or from private ponds; 
(2) 
Use particles of food for the purpose of luring 
baitfish to a baitfish trap, a dip net, a drop net, a 
lift net or a bag netj 
(3) 
Designate others to assist the holder in selling 
live baitfish at the holder's business facilitYj and 
(4) 
Transport live baitfish or designate another to 
transport live baitfish on the license holder's behalf. 
B. 
The holder of a baitfish wholesaler's license may not: 
(1) 
When engaged in taking, or assisting in taking, 
live baitfish for resale from inland waters, fail to 
exhibit a baitfish wholesaler's license to any agent of 
the commissioner upon reguestj 
• 
(2) 
Take baitfish other than by use of a seine as 
defined in section 10001, 
subsection 55; 
a baitfish 
trap as defined in section 1000L subsection 7; a dip 
net, a drop net, a lift net or a bag net; or by hook 
and line; 
(3) 
Attempt to take live bait for resale from the 
inland waters of the State by fishing through the ice 
using drop nets unless the holder marks all holes made 
in the ice by the holder 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; 
(4) 
Take eels; 
(5) 
Take or sell suckers, Genus Catostomus, greater 
than 
inches 
in 
length 
between 
April 
1st 
and 
September 30th of each year; or 
(6) 
Possess at that person's place of business any 
species of fish that may not legally be sold as bait. 
Each 
day 
a 
person violates 
this 
paragraph that person 
commits a class E crime. 
7. 
Smelt 
wholesaler' s 
license 
authorizations 
and 
restrictions. 
The provisions of this subsection apply to the 
taking and selling of live smelts under the smelt wholesaler's 
license. 
A. 
The holder of a smelt wholesale dealer's license may: 
(1) 
Take live smelts for resale from any inland water 
or private pond. 
The taking of live smelts from inland 
waters must be in accordance with general rules adopted 
by the commissioner in regard to the taking of smelts. 
Except as provided in paragraph B, 
the holder of a 
smel t wholesaler's license shall comply with the same 
daily bag limit and the same tackle restrictions that 
apply to all other anglers and is subject to the same 
penalties 
for 
violations 
of 
those 
limits 
and 
restrictions; 
(2) 
Use a baitfish trap, a dip net, a drop net, 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; 
(3) 
May 
use particles of 
food for 
the purpose of 
luring smelts to a baitfish trap, 
a dip net, 
a drop 
net, a lift net or a bag net: 
(4) 
Transport or possess at the holder's business 
facility 
more 
than 
the 
daily 
bag 
limit of 
smelts 
provided that the smelts were 
taken by the license 
holder in accordance with this section or acguired from 
a person licensed under this section to deal in live 
smelts: 
(5) 
Designate others to assist in selling live smelts 
at the holder's business facility; and 
(~ Transport or designate others to transport on the 
license holder's behalf live smelts in accordance with 
this subsection. 
B. 
The holder of a smelt wholesale dealer's license may not: 
(1) 
When engaged in taking, or assisting in taking, 
live smelts for resale 
f.rom 
inland waters, 
fail 
to 
exhibi t 
the license to any agent of the commissioner 
upon reguest; 
(2) 
Take multiple bag limits from waters governed by 
general rules regulating the taking of smelts in order 
to attain the 
guart limit of smelts described in 
paragraph A, subparagraph 2; 
(3) 
Use a seine to take smelts; 
(4) 
Transport or possess at the holder's business 
facility more than the daily bag limit of smelts at any 
time unless the smelts were acguired in accordance with 
paragraph 
A, 
subparagraph 
4. 
If 
the 
smelts 
were 
purchased from another person, the license holder must 
present a receipted invoice, bill of lading or bill of 
sale to any agent of the commissioner upon reguest; 
(5) 
Transport 
from 
an 
inland water 
source 
to 
the 
licensee's place of business more than 8 guarts of live 
smelts; 
(6) 
Permit any person to transport live smelts on the 
license holder's behalf directly from an inland water 
source: 
Page l15-LR2679(1) 
(7) 
Attempt to take from the inland waters of the 
State live smelts for resale using drop nets through 
the ice unless the license holder marks all holes made 
in the ice by that license holder 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; 
(8) 
Take smelts during the winter months, except by 
hook and line, unless the holder has a number 14 fish 
grader in operable condition in that holder's immediate 
proximity during the taking of smelts and uses that 
grader 
during 
the 
smelt 
harvesting 
activity. 
The 
holder shall liberate immediately all undersized smelts 
alive into the waters from which they were taken. 
For 
the purpose of this subparagraph, a number 14 grader is 
a grader having a minimum grate size of 14/64 inches. 
This subparagraph does not apply to a license holder 
who fishes with a hook and line only; or 
(9) 
Possess at that person's place of business any 
species of fish that may not legally be sold as bait. 
Each 
day 
a 
person violates 
this 
paragraph 
that 
person 
commits a class E crime. 
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. 
8. 
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. 
A person who violates this subsection commits a class E crime. 
9. 
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 bai tfish 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. 
Sec. 263. 12 MRSA §12552, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Prohibition. 
A person licensed to deal in live baitfish 
pursuant to section 16991 1255l-A may not purchase live smelts 
from a person who does not hold a current license to sell live 
smel ts issued pursuant to section 16991 12551-A, subsection - 4-
2, paragraph A or C. 
Sec. 264. 12 MRSA §12552, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Pena1ty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates subsection 1 
commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
The commissioner, subject to the hearing provisions of section 
10902, shall revoke for a period of at least one year from the 
date of adjudication any licenses issued under section 12551-A to 
a person adjudicated of a violation of subsection 1. 
Sec. 265. 12 MRSA §12553, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§12553. Se11ing, using or possessing baitfish 
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maY-~-r-€~€€P~--~&-~~~-iR-~~~-£€€~±€R7--&e~~r-~~~--feF 
saleT-~£€-~--~&&e&&-fe~-~£€-~-Ga~&-fe~-~±££±R~-~-&~~&-ef 
fisR-€~£€~-~~~~~~-a&-ee£iRee-~~~-~-~~~~r-s~Bsee~ieR 
aT 
AT--N€~£±R~-~~~~b&-~i~le-F~eRiBi~s-~~~~~-eemme~eially 
p~epa~ee-~-~FGffi-~F€£~~--&~~&-e€-~-Ra~~~a±±y-~--iR 
ERe-SEa~e-€e~-BaiET 
~T--A-E'€H;€R-ffiay-~-ak€--ba±~~~-bh--t-r-om--a-1-1--~a-1-aOO--w~,*F-&-ef.-ERe 
S~aEe-e~~iR~-~h€-~±~~~-~~~~~-a-F-&~p&a--&G-f.i&F.iR~-aRe 
ERe-~~~~-may-~~aB&-~~~~-iR-~F-Gaa-e&-~~~-seeEieR 
1691~-Ee-~a*e-BaiEfisR-f~em-ee~~aiR-wa~e~s-a~-aRY-EimeT 
• 
• 
A-~~-w~-¥~e±a~e£-~~~-SQaseetiea-~~~-a-~±a££-~-e~imeT 
~ae-eeQEt.-£fia±±7-4.£--a-ddi~-i-&.n-,--i~-a--~1ne---G-~--$-~r-ae-ae--ef-waiea 
may-ae-sQspeaaeaT-Ee~-eaea-Eisa-i±±e~a±±y-pessesseaT 
A. 
Un1awfully selling, 
using or 
possessing baitfish. 
Except as provided in this subsection and for baitfish as defined 
in section 10001, subsection 6, a person may not: 
A. Sell or offer for sale fish as bait for the purpose of 
fishing; or 
B. Use or possess fish as bait for the purpose of fiShing. 
Nothing in this Title prohibits the use of commercially prepared 
eggs from species that do not naturally occur in the State for 
bait. 
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 $20, none of which 
may be suspended, for each fish illegally possessed. 
2. 
Sa1e of bait or baitfish in containers. 
A person who 
sells bait or baitfish may not provide or sell the bait or 
baitfish in containers taat-a~€-~-~a-wae±e-~--i~-~r~-eE 
pe±ysty~eae-..f~-p±astie unless the containers are composed of 
biodegradable paper or cardboard. 
A-~~~~-yie±ates-~~~-~~-eemmits-a-~~~~-yie±atiea 
Ee~-w~~£~-~-B&r~~~~r&-eE-~e~-~~-~&a-$±gg-~e~-~~-~&&a-$§gg 
may-ae-aa~Qa~eaT 
A. 
A person who violates this Subsection commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
3. 
Fai1ure to 1abe1 baitfish traps, drop nets or baitfish 
ho1ding boxes. A person may not set or place within the inland 
waters of the State any baitfish trap, 
drop net or baitfish 
holding 
box 
without 
having 
the 
baitfish trap, 
drop 
net 
or 
baitfish holding box plainly labeled with that person's full name 
and address. 
A-~~~~-vi9±a~es-~£~~-~~~-e9ffiffii~s-~-~~~~-vie±a~ieB 
~9~-W£~€£-~-~~~~~~~-e~-£~~-~~-~~&a-$±gg-£~~-~~-~aaa-$ag9 
ffiay-Be-aa~1:la~ea ... 
A. 
A person who violates this subsection commits a civil 
violation for which a 
fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 266. 12 MRSA §12555, 
A, §2 and affected by Pt. D, 
enacted in its place: 
as enacted by PL 2003, c. 414, .Pt. 
§7, is repealed and the following 
§12555. Checking baitfish traps 
1. Prohibition. 
While trapping for bai tf ish in the inland 
waters with the use of a baitfish trap as defined in section 
10001, subsection 7, 
a person shall check the baitfish trap or 
cause the baitfish trap to be checked at least once in every 7 
calendar days. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 267. 12 MRSA §12601, 
A, §2 and affected by Pt. D, 
enacted in its place: 
as enacted by PL 2003, c. 414, Pt. 
§7, is repealed and the following 
§12601. 
Rule violations; open-water fishing or ice fishing 
1. 
Civil violations. 
Notwithstanding 
section 
10650, 
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 
fine of not less than $100 nor more than $500 may be adjudged. 
• 
• 
2. 
Crime. 
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, after having 
been adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a Class 
E crime. 
Sec. 268. 12 MRSA §12603, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who 
violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 269. 12 MRSA §12605, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 270. 12 MRSA §12608, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§12608. 
Failure to label fish 
1. 
Prohibition. 
A 
person 
may 
not 
keep 
the 
following 
species of fish 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: 
A • 
Black bass; 
B. 
Salmon; 
C. 
Togue; or 
D. 
Trout. 
2. 
Penalty. 
The fQllQwing pena1tie§ apply to violations of 
thi§ §eQtiQn. 
Page l20-LR2679(1) 
A. 
A person who violates this section commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 271. 12 MRSA §12609, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec.272. 12 MRSA §12609-A is enacted to read: 
§12609-A. 
Purchase or sale of certain fish 
1. 
Prohibition. 
Except 
as 
otherwise 
provided 
in 
this 
section, a person may not directly or indirectly purchase or sell 
the following species of fish: 
A. 
Black bass; 
B. 
Landlocked salmon; 
C. 
Pickerel; 
D. 
Togue; 
E. 
Trout; or 
F. 
White perch. 
2. Fish produced by commercial producers or imported. 
A 
person may purchase or sell fish that have been lawfully produced 
by 
commercial 
producers within the State or that have 
been 
lawfully imported from without the State. 
3. 
Skins of fish preserved through taxidermr. 
A person may 
purchase or sell the skins of fish that have been preserved for 
display through the art of taxidermy. 
4. 
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. 
Sec. 273. 12 MRS A §12610. as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the fQllowing 
enacted in its place: 
§12610. 
Unlawful importation or sale of certain fresh or 
• 
• 
frozen fish 
1. 
Prohibition. 
A person may not import or offer for sale 
fresh or frozen any of the following fish: 
A. 
Salmon; 
B. 
Brook trout; 
C. 
Brown trout; 
D. 
Rainbow trout; 
E. 
Lake trout; or 
F. 
Any member of the family salmonidae whose source is 
outside of the continental United States, Canada or Alaska 
or their adjacent waters. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who 
violates this section commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 274. 12 MRS A §12611 is enacted to read: 
§12611. 
Illegal possession of live fish 
Except as otherwise provided in this Part, 
a 
person who 
legally takes a fish, other than baitfish or smelt, from inland 
waters pursuant to this Part spall immediately release that fish 
alive into the waters from which it was taken or immediately kill 
that fish. Any fish killed pursuant to this section becomes part 
of the daily bag limit. 
A person who possess a fish in violation 
of this section commits a Class E crime. 
Sec. 275. 12 MRSA §12651, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Prohibition. 
Except 
as 
provided 
in section 
12506, 
subsection §T-Fa~a~~aFR-8 1, a person may not fish by snagging as 
defined by section 10001, subsection 58. 
Page l22-LR2679(l) 
Sec. 276. 12 MRSA §12652. sub-§I. as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
12659-A, 
Prohibition. 
Except in accordance with section 169§9 
sY9seetieBs subsection 1 aBG-6, 
a person may not fish 
with more than 2 lines at anyone time. 
Sec. 277. 12 MRSA §12652. sub-§2, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who 
violates this section commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
Sec. 278. 12 MRSA §12654-A is enacted to read: 
§l2654-A. 
Limit on artificial flies 
1. Prohibition. 
A person may not fish with more than 3 
unbaited artificial flies individually attached to a line. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 279. 12 MRSA §12655. as enacted by PL 2003, c. 414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§12655. 
Unlawful use of bait 
1. Prohibition. 
During times when fishing is limited by 
rule to the use of artificial lures only, a person may not use: 
.. 
• 
• 
A. Live bait; 
B. Dead bait; or 
C. Chemically preserved natural or organic bait. 
2. Penalty. 
A person who violates this section commits a 
Class E crime. 
Sec. 280. 12 MRSA §12657, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
3. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 281. 12 MRSA §12658, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who 
violates this section commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
Sec. 282. 12 MRSA §12659, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 283. 12 MRS A §12659-A is enacted to read: 
§12659-A. 
Ice fishing regulations 
Page l24-LR2679(1) 
1. 
Five-line limit. 
Unless otherwise provided by rule, a 
person licensed to fish may not fish through the ice with more 
than 5 lines set or otherwise. 
A. 
Except as provided in paragraph B, the licensee shall 
have all lines under that person's immediate supervision. 
B. 
In waters that have been opened under section 1245.L. 
subsection 1, paragraph B, a person fishing for cusk in the 
nighttime shall visit at least once every hour all lines set 
by that person for cusk. 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 284. 12 MRSA §12661, sub-§l, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Prohibitions and requirements. 
A person who owns any 
shack or temporary structure used for ice fishing ffiay-a9t: 
A. 
beave May not leave or allow the shack or structure to 
remain on the ice of any inland waters more than 
days 
after the waters on which the shack or structure is located 
are closed to ice fishing; 
B. 
Plaee May not 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. 
~ai,l---E9 Shall 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. 
Sec. 285. 12 MRSA §12661, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed imd the 
following enacted in its place: 
Page l25-LR2679(1) 
• 
... 
• 
2. 
Penalty. 
The following penalties apply to violations of 
subsection 1. 
A. 
A person who violates subsection 1 
commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 286. 12 MRS A §12662, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Prohibition. 
Except 
as 
provided 
in 
section 
±6~§9 
12659-A, subsection 6 1, a person may not ice fish from 1/2 hour 
after sunset to 1/2 hour before sunrise of the following morning. 
Sec. 287. 12 MRSA §12662, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Penalty. 
The following penalties apply to violations of 
subsection 1. 
A. 
A person who violates subsection 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 288. 12 MRSA §12663, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 289. 12 MRSA §12663.A is enacted to read: 
§12663-A. Unlawful sale of lead sinkers 
1. 
Sale of lead sinker. 
A person may not sell a 
lead 
sinker for fishing that contains any lead and weighs 1/2 ounce or 
~ 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
2. 
Offer lead sinker for sale. 
A person may not offer for 
sale a lead sinker for fishing that contains any lead and weighs 
1/2 ounce or less. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
3. Definition; sinker. 
For the purposes of this section, 
"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. 
Sec. 290. 12 MRSA §12701, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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. 
Rules adopted pursuant 
to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 291. 12 MRSA §12701, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
-
• 
.. 
Sec. 292. 12 MRSA §§12702 and 12703, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed and the 
following enacted in their place: 
§12702. 
Rule violations; state-owned wildlife management areas 
The 
following 
penalties 
apply 
to 
violations 
of 
rules 
regulating state-owned wildlife management areas. 
1. 
Civil 
violation. 
Notwithstanding 
section 
10650, 
a 
person 
who 
violates 
a 
rule 
regulating 
state-owned 
wildlife 
management areas commits a civil violation for which a fine of 
not less than $100 nor more than $500 may be adjudged. 
2. 
Criminal violation. 
A person 
who 
violates 
a 
rule 
regulating state-owned wildlife management 
areas after having 
been adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a Class 
E crime. 
§12703. Rule violations; state game farms 
The 
following 
penalties 
apply 
to 
violations 
of 
rules 
regulating state game farms. 
1. 
Civil violation. 
Notwithstanding 
section 
10650, 
a 
person who violates a rule regulating state game farms commits a 
civil violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
2. 
Criminal violation. 
A person 
who 
violates 
a 
rule 
regulating state game 
farms after having been adjudicated as 
having committed 
or more civil violations under this Part 
within the previous 5-year period commits a Class E crime. 
Sec. 293. 12 MRSA §12705. as enacted by PL 2003, c. 414, Pte 
A, §2 and affected by Pte D, §7, is repealed and the following 
enacted in its place: 
§12705. 
Rule violations; scientific collection permits 
The 
following 
penalties 
apply 
to 
violations 
of 
rules 
regulating scientific collection permits. 
1. 
Civil violation. 
Notwithstanding 
section 
10650, 
a 
person 
who 
violates 
a 
rule 
regulating scientific collection 
permits commits a civil violation for which a fine of not less 
than $100 nor more than $500 may be adjudged. 
2. 
Criminal 
violation. 
A person 
who 
violates 
a 
rule 
regulating 
scientific 
collection 
permits 
after 
having 
been 
adjudicated as having committed 3 or more civil violations under 
this Part within the previous 5-year period commits a Class E 
crime. 
Sec. 294. 12 MRSA §12706, sub-§I, llAA, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 ffiay 
se-BeFea~~eF are 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; 
Sec. 295. 12 MRSA §12707, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§12707. 
Unlawful activity in wildlife sanctuary; 
general prohibitions and exceptions 
Except to the extent permitted by the commissioner under 
section 12701, activities listed in this section are prohibited 
in a wildlife sanctuary. 
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9~-FaFa~FaFR-AT 
1-A. 
Unlawful activity in wildlife sanctuary. 
Except as 
provided in subsection 2, the following activities are prohibited. 
A. 
A person may not trap or hunt any wild animal or wild 
bird at any time within a wildlife sanctuary as designated 
in section 12706. 
(1) 
A person who violates this paragraph commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
--
• 
• 
• 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
B. 
A person may not possess any wild animal or wild bird 
taken in violation of paragraph A. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
2. 
Exceptions. 
The 
~F9aiei~i9R6--~~-~-~--~--aFe 
s~ejee~-~~-tae following exceptions 
aRQ--~~~~~~-~~~~~-iR 
tais apply to the prohibitions in subsection I-A. 
A. 
Subsection -1- I-A does not apply to crows and skunks in 
the Willow Water Game Sanctuary. 
B. 
A person residing wi thin 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 wi thin the limits of Prout's Neck, 
Richmond's Island and Cape 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 mooSeT-€aFia9~T 
and deer 
aB6.--€'1-lf 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 
1-
I-A applies only to 
Re~ea€~e~-€eBeea. 
and Winthrop Sanctuary, subsection 
fenced lands 
~Ra~--a-Fe---Q-i:--may--ae 
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 Merrymeeting Bay Game Sanctuary. 
A person may not use a motorboat wi thin 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. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
4. 
Carrying loaded firearm on bounds of Limington. Hollis 
and Waterboro Sanctuary. 
A person may not carry a loaded firearm 
on any of the roads bounding the Limington, Hollis and Waterboro 
Sanctuary. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
5. 
Carrying 
loaded 
firearm 
on 
bounds 
of 
Standish 
Sanctuary. 
A person may not carry a loaded firearm on any road 
or on the Maine Central Railroad right-of-way that bounds the 
Standish Game Sanctuary. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
-
• 
.. 
.. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
6. 
Fishing in Carleton Pond. 
A person may not fish in 
Carleton Pond in the Readfield and Winthrop Sanctuary. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
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~eF-w£J££-~-~~B&~&~~-e~-£~~-~~-&ha&-$*gg-£~-~~-&ha&-$§gg 
may-be-aa~Qa~eaT 
Sec. 296. 12 MRSA §12708, sub-§I, ~B, 
c. 414, Pt. 
A, 
§2 and affected by Pt. 
enacting subparagraph (20-A) to read: 
as enacted by PL 2003, 
D, 
§7, is amended by 
(20 A) 
Maine Youth Conservation WMA 
T32MD 
Hancock 
County; 
Sec. 297. 12 MRSA §12751, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§I275I. 
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 
~l:le use eE Qy the 
State in 
t:ae--p-~~--&f--~ae conducting work 
e~ on 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. 
~y---~~~-~--€e£~ui~-fishT-~~~--~--aeaFi~-~~--~e 
6ee~~ea--~~r-~~~-~7--~Re-~i&&~~F-~-~~~--~Re 
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appea~6-~~--&ae&e-~~~-&eF~~&~y-4£j~~e-~~-~~e~a~a£4eR-~-e~ 
~Re-E~6R~a~-Ee~-aay-~ame-E~6RT 
Sec. 298. 12 MRSA §12753, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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-~~~~-¥~ela~e6-~£4~-~~-eemm~~6-~~~~~-y~ela~~ea 
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Sec. 299. 12 MRS A §12753, sub-§3 is enacted to read: 
3. 
Penalty. 
The following penalties apply to violations of 
subsection 2. 
A. 
A person who 
violates subsection 2 
commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 2 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 300. 12 MRSA §12755, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pte D, §7, is repealed and the 
following enacted in its place: 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who 
violates this section commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Page l33-LR2679(1) 
... 
.. 
Sec. 301. 12 MRSA §12756, sub-§I, ,D, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
D. 
~ama~e Otherwise damage or destroy a fishway. 
Sec. 302. 12 MRSA §12756, sub-§2, as enacted by PL 2003, c. 
414, Pte A, 
§2 and affected by Pt. D, 
§7, is repealed and the 
following enacted in its place: 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 303. 12 MRSA §12758, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 304. 12 MRSA §12759. sub-§2, as enacted by PL 2003, c. 
414, Pte A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who 
violates this section commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 305. 12 MRSA §12760, sub-§6, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 
condi tions of the use of the fishway and the time and manner 
required for fishway operation. 
The 
commissioner may 
issue 
a 
decision 
requiring 
the 
owners, 
lessees 
or 
other 
persons 
in 
control of the dam or obstruction to construct, repair, alter or 
maintain a 
fishway. 
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 
B. 
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 not to exceed 5 years subsequent to that decision during 
which no fishway may be required to be constructed. 
~Ra1=-~ei?iea 
maY-Bet-eHeeea-s-yeatST 
Sec. 306. 12 MRSA §12761, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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---p&~-wh&--vie±ates 
tRis-£~~e€~~e£-~~~~-e1v1±-vie±a~ieB-~~-~~-a-~et~eit~te 
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A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 307. 12 MRSA §12762, as enacted by PL 2003, c. 414, Pte 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§12762. Fish kills; violations; fines; rules; definition 
.. 
.. 
• 
• 
1. 
Prohibition. 
A person 
may 
not 
improperly operate 
a 
fishway required under this subchapter in a manner that results 
in a fish kill. 
2. Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits 
a 
civil 
violation for which a fine equivalent to the value of the 
fish killed but not more than $10,000 for each day of that 
violation may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
3. Rules; definition. 
The department and the Department of 
Marine Resources shall jointly make rules defining "fish kill." 
Sec. 308. 12 MRSA §12763, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§12763. 
Use or possession of gill net; Penobscot 
Nation research; department personnel 
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2. Penobscot Nation 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 30, section 6205, subsection 2. 
A. 
The authority granted under this subsection is subject 
to the following constraints . 
(1) 
Both 
buoys that 
feet 
and 
Resources 
net. 
ends of the gill net must be marked with 
are clearly visible from a distance of 300 
that 
identify 
the 
Department 
of 
Natural 
of the Penobscot Nation as the owner of the 
(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-pe~£~£-~-~~-fai~-~~~~-wi~a-any-~~~~~~-~Ris 
paf'a~f'apRT 
B. 
The following penalties apply to violations of paragraph 
lh 
(1) 
A person who violates paragraph A commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
(2) 
A person who violates paragraph A after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
3. 
Use of gill nets by department personnel. 
Department 
personnel may use gill nets pursuant to this subsection. 
When 
reguested by another agency to undertake a gill netting project. 
the department must be reimbursed by that agency for all costs 
relating to the gill netting project. 
A. 
The 
department 
may 
use gill nets 
in inland waters 
provided that: 
flt--~-f'e~HeS~ee-~-aRe~Ref'-~-~e-~~~~-a 
~i±±-~~~~-pFetee~r-~£€-~~~~~-46-~~~~-BY 
~ha~-a~en€y-~~-~~~-ee&~&-£e~a~iB~-~~~~~i~~-Re~~iR~ 
pf'e:jee~f 
(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. 
A-I. 
The 
following 
penalties 
apply 
to 
violations 
of 
paragraph A. 
(1) 
A person who violates paragraph A commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
• 
.. 
• 
.. 
• 
(2) 
A person who violates paragraph A after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
8T--~-~F~&-maY-~-Eai±-~~-eGffi~~Y-W~~B-~~-FeSEFieEieBS 
eSEaB±isaea-HBaeF-tais-sHBseetieBT 
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 
used; 
(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 by 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. 
Any authorization by the department for 
another state agency to utilize gill nets must be given through 
written permit. 
A. 
The 
authority granted to 
the 
department 
under 
this 
subsection is subject to the following constraints. 
{l}--~-aY~Be~~~a~~eR-~y-~~-eepaF~ffieB~-~~--aBeEaeF 
6EaEe-a~eBey-~e-~~~~~~€-~~~-~~~-~-~i~eB-EaFeH~a 
wFiEEeB-peFHliET 
(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. 
B. The following penalties apply to violations of paragraph 
h 
(1) 
A person who violates paragraph A commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
( 2) 
A person who violates paragraph A after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 309. 12 MRSA §12802, sub-§1, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 
~e6iaeR~ species of fish or 
wildlife occurring in the State, whether endangered or not. 
Sec. 310. 12 MRSA §12804, sub-§§2 and 3, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
2. 
Habitat. 
For 
species 
designated 
as 
endangered 
or 
threatened under this subchapter the commissioner maYT by ruleT 
pa~6aaR~---t-o--!f-i-t-l€--§.r--£-hapt.-e-r--;n9T identify areas currently or 
historically providing physical or biological features essential 
to the conservation of the species and that may require special 
management 
considerations. 
Rules 
adopted 
pursuant 
to 
this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
3. 
Protection guidelines. 
The commissioner maYT by ruleT 
pa~6aaR~---t-o--!fi-t-le--§.r-~-e-r--3+9T develop guidelines for the 
protection of 
species designated as 
endangered or 
threatened 
under this subchapter. 
Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 311. 12 MRSA §12808, first 1[, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
For the purposes of this section, 
"to take," "take" 
"taking" mean the 
iRt;eJl.t-ieJl.a-l--o-r--aEH~]"i~eJl.t; act or omission 
results in the death of any endangered or threatened species. 
and 
that 
.. 
.. 
• 
• 
Sec. 312. 12 MRSA §12808. sub-§I. as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
1. 
Prohibited 
acts 
regarding 
endangered 
or 
threatened 
species; negligence. 
Except as provided in subsections 2 and 3, 
a person may not negligently: 
A. 
Import into the State or export out of the State any 
endangered or threatened species. 
A person who violates 
this paragraph commits a Class E crime; 
B. 
Hunt, take, trap or possess any endangered or threatened 
species 
within 
the 
State. 
A person 
who 
violates 
this 
paragraph commits a Class E crime; 
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. 
A person who violates this paragraph 
commits a Class E crime; or 
D. 
Feed, 
set 
bait 
for 
or 
harass 
any 
endangered 
or 
threatened species. A law enforcement officer, as defined in 
Title 25, section 280l-A, subsection 5, must issue a warning 
to a person who violates this paragraph for the first time. 
A person who violates this paragraph after having previously 
been given a warning under this paragraph commits a Class E 
crime. 
Sec.313. 12 MRSA §12808. sub-§I-A is enacted to read: 
I-A. 
Prohibited acts regarding endangered or threatened 
species; intentional. 
Except as provided in subsections 2 and 3, 
a person may not intentionally: 
A. 
Import into the State or export out of the State any 
endangered or threatened species. 
A person who violates 
this paragraph commits a Class D crime; 
B. 
Hunt, take, trap or possess any endangered or threatened 
species 
within 
the 
State. 
A person 
who 
violates 
this 
paragraph commits a Class D crime; 
C. 
Possess, process, sell, offer for sale, deliver, carry, 
transport or ship, by any means whatsoever, any endangered 
or threatened species. 
A person who violates this paragraph 
commits a Class D crime; or 
Page l40-LR2679(1) 
D. 
Feed, 
set 
bait 
for 
or 
harass 
any 
endangered 
or 
threatened species. 
A law enforcement officer, as defined 
in Title 25, 
section 2801-A, 
subsection 5, 
must issue a 
warning to a person who violates this paragraph for the 
first time. 
A person who violates this paragraph after 
having previously been given a warning under this paragraph 
commits a Class D crime. 
Sec. 314. 12 MRSA §12808, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Exceptions 
for 
certain 
purposes. 
Notwithstanding 
sYBseet;ieB subsections 1 and I-A or section ;l,g9g6 10650 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. 
Sec. 315. 12 MRSA §12851, first~, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
The commissioner shall, 
FYFSyaBt;--t-G--~.,i-t..,l€--~r--€-bap-t-€-i:--~1§T 
with the 
advice 
and 
consent of 
the 
Advisory 
Board 
for 
the 
Licensing of Guides, 
adopt rules necessary to administer this 
chapter. 
Rules 
adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
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. 
Sec. 316. 12 MRSA §12852, 
A, 
§2 and affected by Pt. D, 
enacted in its place: 
as enacted by PL 2003, c. 414, Pt. 
§7, is repealed and the following 
§12852. 
Rule violations: licensed guides and trip leaders 
The 
following 
penalties 
apply 
to 
violations 
of 
rules 
regulating licensed guides or camp leaders and course instructor 
certificates. 
• 
.. 
., 
... 
• 
1. 
Civil. 
Notwithstanding section 10650, 
a 
person who 
violates a rule regulating licensed guides or camp trip leaders 
and course instructor certificates commits a civil violation for 
which a fine of not less than $100 nor more than $500 may be 
adjudged. 
2. 
Criminal. 
A person 
who 
violates 
a 
rule 
regulating 
licensed guides 
or 
camp 
trip leaders 
and 
course 
instructor 
certificates after having been adjudicated as having committed 3 
or more civil violations under this Part within the previous 
5-year period commits a Class E crime. 
Sec. 317. 12 MRSA §12853. sub-§§1 and 2. as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
1. 
Prohibition. 
Except as provided in subsection 7, 
a 
person may not act as a guide without a valid license issued 
under this chapter. 
A-~~~~~~~-~ais-~~~~~~~~-aay 
~ae-~~~~~-a&-a-~~~~~-a-¥a~~Q-~~~-~&&~-~aaeF 
~Ris-eaap~eFT 
2. 
Penalty. 
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. 
A person violates 
subsection 1 each day that person acts as a guide without a valid 
license issued under this chapter. 
Sec. 318. 12 MRSA §12857, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Penalty. 
The following penalties apply to violations of 
this section. 
A . 
A pe r son who 
vi 0 1 a""t,."e'-"s"---'s"--u""b"'-"'s-"'ec.>c'-'t=i...,o""n""----""I_-"c'-"o"'m"'m!.Cl"'-' -"'t-"'-s_-"a'------"c'-"i"-'V"-'l"'-±' 1 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 319. 12 MRSA §12858, as enacted by PL 2003, c. 414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§12858. 
Guide license violations 
1. 
Guide license violations. 
A person licensed as a guide 
may not violate the following provisions. 
A. 
A person licensed as a guide may not knowingly assist a 
client in violating any of the provisions of this Part. 
(1) 
If the violation committed by the client is a 
civil violation, 
a 
person licensed as 
a 
guide who 
violates this paragraph commits a civil violation for 
which a fine of not less than $100 nor more than $500 
may be adjudged. 
(2) 
If the violation committed by the client is a 
civil violation, 
a 
person licensed as 
a 
guide who 
violates this paragraph after having been adj udicated 
as having committed 3 or more civil violations under 
this Part within the previous 5-year period commits a 
Class E crime. 
(3) 
If the violation commi tted by the client is a 
criminal violation, a 
person licensed as a guide who 
violates this paragraph commits a Class E crime. 
B. 
A person licensed as a guide who has knowledge that a 
client has 
violated the 
provisions 
of this Part shall, 
within 24 hours, inform a person authorized to enforce this 
Part. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
C. 
A person licensed as a guide may not take a party of 
more than 12 people out on any lake, stream or waterway in 
the State at any time. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
Page l43-LR2679(1) 
• 
" 
• 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec.320. 12 MRSA §12860, sub-§I-A is enacted to read: 
A. 
Prohibition. 
A person may not conduct trip camping 
under subsection 1 without a trip leader 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. 
Sec. 321. 12 MRSA §12901, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
2. 
Affiliated outfitter. 
"Affiliated outfitter" means: 
A. 
An outfitter who owns directly, indirectly or through a 
chain of successive ownership 10°-0 or more of the financial 
interest in any other outfitter; 
B. 
An outfitter, 10°-0 or more of whose financial 
are 
owned directly or indirectly or 
through 
a 
successive ownership by any other outfitter; 
interests 
chain of 
C. 
An outfitter, 100,.0 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, 
otherwise 
obtains 
on 
a 
nonarms-Iength 
another 
whitewater 
outfitter, 
either 
indirectly, 
more 
than 
1/2 
of its real 
property; or 
receives or 
basis 
from 
directly 
or 
or personal 
(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--IH>-t--&e-.ftH:lil..e.--t-o--be is not 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. 
Sec. 322. 12 MRSA §12901, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. 0, §7, is amended to read: 
5. 
Conanercial whitewater outfitter; outfitter. 
"Commercial 
whitewater outfitter" or "outfitter" means a person wae-€e:aaaet;s 
eemme~eial-~it~~--~~~~--e~ who 
collects dues or fees or 
receives any 
form of compensation for arranging or providing 
whitewater rafting 
se~viees trips or for operating a whitewater 
rafting organization. 
A commercial whitewater outfitter license 
does not authorize the holder to guide whitewater rafting trips 
unless that person also holds a valid whitewater guide's license. 
Sec. 323. 12 MRSA §12901, sub-§l1, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. 0, §7, is amended to read: 
11. 
Whitewater guide. 
"Whitewater guide" means a person 
who 
receives 
any 
remuneration 
from 
a 
commercial 
whitewater 
outfitter for accompanying, assisting or instructing 
paSSell.~eFS 
clients of that commercial whitewater outfitter on the river on 
whitewater trips 
and 
who 
holds 
a 
current whitewater guide's 
license. 
Sec. 324. 12 MRSA §12905, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. 0, §7, is repealed. 
Sec. 325. 12 MRSA §12906, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. 0, §7, is repealed and the following 
enacted in its place: 
§12906. 
Rule violations; whitewater rafting 
The 
following 
penalties 
apply 
to 
violations 
of 
rules 
regulating commercial whitewater rafting. 
1. 
Civil. 
Notwithstanding section 10650, 
a 
person who 
violates a rule regulating commercial whitewater rafting commits 
a civil violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
2. 
Criminal. 
A person who 
violates 
a 
rule regulating 
commercial whitewater rafting after having been adjudicated as 
having committed 
or more civil violations under this Part 
within the previous 5-year period commits a Class E crime. 
Sec. 326. 12 MRSA § 12907, sub-§3, as enac ted by PL 2003, c . 
414, Pt. A, §2 and affected by Pt. 0, §7, is amended to read: 
.. 
3. 
Insurance 
requirements. 
An 
outfitter 
shall 
carry 
liability insurance, in the minimum amounts established by the 
department by rule, covering the operation of whitewater trips 
and motor vehicles carrying passengers. 
';I;R.e---depat"~-ment---6R.a±± 
esEae±isR.T-~-F~±eT-~~-ffiiaiffi~ffi--~~it~-e~--~~~~~1r-ias~FaaeeT 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 327. 12 MRS A §12907, sub-§§6 and 7, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed and the 
following enacted in their place: 
6. 
Sale of business; license. 
The 
following provisions 
govern the sale of an outfitter's business and treatment of the 
outfitter's license. 
A. 
When 
a 
licensed outfitter's business 
is 
sold, 
the 
outfitter shall return the outfitter's commercial whitewater 
outfitter's license to the department. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
B. 
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. 
C. 
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. 
11) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
Page l46-LR2679(1) 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
D. 
The license is not an asset and is not transferable as 
part of a sale or transaction. 
E. 
The 
department 
may 
require 
an 
affidavit 
from 
the 
purchaser to aid in enforcement of this subsection. 
7. 
Sale of business; allocations. 
The following provisions 
govern the sale of an outfitter's business and the treatment of 
allocations. 
A. 
When 
a 
licensed outfitter's business 
is 
sold, 
the 
selling outfitter shall return to the department the selling 
outfitter's 
allocations 
or 
portions 
of 
the 
allocations 
subject to the sale. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
B. 
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 Quality 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 
requirements of the department and pays the license and 
allocation fees. 
C. 
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. 
Page l47-LR2679(1) 
• 
D. 
An outfitter 
ma~ not receive more 
than the maximum 
allocations allowed under section 12913, subsection 3. 
E. 
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 
qualified 
recipients. 
Net proceeds from the sale of allocations must 
be paid to the Whitewater Rafting Fund established under 
section 10259. 
Sec. 328. 12 MRSA §12907, sub-§9, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
9. 
Limitation. 
This chapter FRay does not Be-~-{"-ued--as 
!:'ev9li3:REJ 
revoke 
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. 
Sec. 329. 12 MRSA §12908, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§12908. 
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 
rivers 
without 
obtaining 
a 
commercial 
whitewater 
outfitter's license if the commissioner determines under this 
section that the organization is a 
noncommercial organization. 
AR--~~-&a-t.-i~--i,.&---&---'.!..aG-~I'-G-:i-a-1---~H"EJa~.,i.ga~.,ie~.!..'---.i-f---t;He 
eeFRFR3:SSieRe!:'-aet;e!:'FRiRes-t;Ha~-~He-e!:'EJaRisa~ieR-is~ 
1. 
Tax-exempt nonprofit corporation formed before March 1, 
1996. 
-A-
An organization is a "noncommercial organization" if 
the commissioner determines that the organization is 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 river without a 
commercial 
whitewater outfitter's license under this subsection shall file a 
written request 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. 
NeEwiEBsEaBeiB~--~--G~Ae~--~~~~~~-~~--~hi6--~~r--EBe 
eemmissieBe~-may-~-~~~-aBy-eeYBei17-~~~~--G~Ae~-e~~aBi~ee 
±eea±-~~eY¥-~~~~~~~~it~-~ae-ee£~e£a~ieB-~~~-~F&-EBaB 
6--wai&ewa&e~-~~~~-~~~~-4B--aBy-~-~~--y€~~--wiEBe~t 
eSEaiBiB~-a-eemme~eia±-wBiEewaEe~-eYE~iEEe~~s-±ieeBse~-e~ 
A. 
Notwithstanding any other provision of this section, a 
council, 
troop or other organized local group affiliated 
with the corporation may not conduct more than 2 whitewater 
rafting trips in anyone calendar year without obtaining a 
commercial whitewater outfitter's license. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
2. 
Noncommercial 
whitewater 
rafting 
club. 
---A-
An 
organization 
is 
a 
"noncommercial 
organization" 
if 
the 
commissioner determines that the organization is 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 
provide 
noncommercial 
whitewater 
rafting 
opportunities 
to 
its 
members. 
To 
be 
considered under this subsection, 
a 
club must provide 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 
cl ub and must identify any other officers or board members 
of the club. 
AB 
A commercial whitewater outfitter or a 
licensed whitewater guide is ineligible to be an officer or 
a 
board 
member 
of 
the 
club 
maY--BeE--se--a--eemmeFeia± 
wBiEewaEe~-~~~~~~--eF-~-±ieeBsee-~it~~--~Yiee. 
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 
noncommercial whitewater 
members; 
of 
the 
rafting 
club 
is 
to 
opportunities 
provide 
to its 
(2) 
No 
member 
board members, 
the club at any 
or afterwards; 
of the club, 
including officers 
receives any form of compensation 
time, either while a member of the 
and 
from 
club 
(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 or 
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, 
nonprofit corporation as a noncommercial whitewater rafting 
club. 
WReH--a~~a~F1~1~-~-~~i~~-~~~~~-~Ree~--~Ris 
see~ieH-t~-~--wa18&wa8&F-~a~~iH~-t~~p£-~~~--a-eeffiffie~eia± 
±ieeHseT-~Re-~~~~~~~-~~,-~-~~-e~ffiffii&&i~HeF-ee~e~ffiiHes 
Heeessa~YT-~la€e-~~~t~-~~~~~1~&~~-wai~wa~eF-~a~~iH~ 
ae~ivi~iesT-~£~~~B~£~-~~~~~~-~ae-~4ffie-~-looat-~~~-ra~~iH~ 
aetivi~iesT-t~~~-e~-~~~~-~~-ffiay-pa~t~~~pat€--1&-tRese 
ra~tiH~-~~t~¥~t~e~-~-~~-sa~ety-e~~~pme£t-~~~~-~F-~a~~iH~ 
~~i~sT--~he-~~~-~-Fejee~-a-~~t-~--~a1&-seetieH 
i~-~~-eeffiffiissieHe~-~~~i~-tRat-~~~~-~Re-~~--we~±a 
eeH~±iet--witR--~Re--river--ffiaHa~effieRE--ea~eetives--seE--~erER--iR 
seetieH-l;S9G6T 
3. 
Limits 
placed 
by 
commissioner. 
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 rafti~ 
acti vi ties, the number of persons that may participate in those 
rafting activities and the safety equipment required for rafting 
trips. 
Page l50-LR2679(1) 
A. 
A 
person 
who 
violates 
limits 
imposed 
under 
this 
subsection commits a civil violation for which a fine of not 
less than $100 nor more than $500 may be adjudged. 
B. 
A 
person 
who 
violates 
limits 
imposed 
under 
this 
subsection after having been adjudicated as having committed 
or 
more civil violations 
under this Part within the 
previous 5-year period commits a Class E crime. 
4. Rejection of request. 
The commissioner may reject a 
request under this section if the commissioner determines that 
granting the request would conflict with the river management 
objectives set forth in section 12903. 
Sec. 330. 12 MRSA §12909. sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
E1igibi1ity. 
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. 
A. 
A person who violates this subsection 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. 
Sec. 331.12 MRSA §12909, sub-§6 is enacted to read: 
6. 
Nonrenewal. 
suspension or 
revocation. 
A whitewater 
guide's 
license 
is 
subject 
to 
non renewal , 
suspension 
or 
revocation for good cause shown, including, but not limited to, 
unsafe 
practices, 
falsification 
of 
reports 
or 
serious 
or 
continued violation of this chapter, subject to Title 5, chapter 
375. 
Sec. 332. 12 MRSA §12910, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Whitewater trip safety restrictions. 
The commissioner 
shall 
by 
rule 
establish 
safety 
restrictions 
for 
whitewater 
trips. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
A person 
who 
violates 
safety restrictions 
established 
pursuant to this subsection commits a Class E crime. 
Sec. 333. 12 MRSA §12910, sub-§2, "A and B are enacted to 
read: 
A. 
A commercial whitewater outfitter shall comply with a:Qy 
order of launch established by the department under this 
subsection. 
B. 
The 
following penalties apply to violations of tnis 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 334. 12 MRSA §12910, sub-§4, ~A. as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 
professional 
medical 
treatment, 
a 
person's 
becoming 
disabled 
for 
more 
than 
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 $±GG $1,000; and 
Sec.335. 12 MRSA §12910, sub-§5 is enacted to read: 
5. Penal ties. 
The following penal ties apply to violations 
of subsection 4. 
A. 
A person who violates subsection 4 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 4 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 336. 12 MRSA §12911, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
3. 
West Branch Penobscot River. The recreational use limit 
of the West Branch Penobscot River between McKay Station and 
Pockwockamus 
Falls 
is 
commercial 
passengers 
per 
day. 
Noncommercial recreational use is not limited. 
A. In order to allow free time for other uses, a person may 
not conduct a whitewater trip on the West Branch Penobscot 
River between McKay Station and Pockwockamus Falls between 
5:00 p.m. and 8:30 a.m. 
B. The following penalties apply to violations of paragraph 
A..... 
(1) 
A person who violates paragraph A commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
(2) 
A person who violates paragraph A after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 337. 12 MRSA §12912, as enacted by PL 2003, c. 414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§12912. 
Rapid1y f10wing rivers 
1. 
User fee. This subsection applies to the payment of user 
fees by outfitters carrying passengers on rapidly flowing rivers. 
A. 
Each outfitter shall: 
(1) 
Pay a 
user fee of $1 per passenger , 
excluding 
guides, 
carried by 
the outfitter on 
any whitewater 
trip; and 
( 2 ) 
Pay 
this 
fee 
by 
the 
30th 
day 
of 
the 
month 
following 
the 
month 
in 
which 
the 
passengers 
were 
carried. 
B. 
The following penalties apply to violations of paragraph 
A..... 
(1) 
A person who violates paragraph A commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
(2) 
A person who violates paragraph 
A after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
,. 
• 
2. 
Reporting. 
This subsection applies to the submission of 
monthly 
reports 
by outfitters carrying passengers 
on 
rapidly 
flowing rivers. 
A. Each outfitter shall: 
(1) 
Report monthly to the department the number of 
passengers carried each day on each rapidly flowing 
river; 
(2) 
Ensure this report is accurate; and 
( 3 ) 
Submi t 
the report by the 30th day of the month 
following 
the 
month 
in 
which 
the 
passengers 
were 
carried. 
B. The following penalties apply to violations of paragraph 
~ 
(1) 
A person who violates paragraph A commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
( 2 ) 
A person who violates paragraph A after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
3. 
Passenger limitation. 
This subsection applies to the 
carrying of passengers under this section. 
A. Except as provided in this subsection, an outfitter may 
not carry: 
(1) 
On any unallocated rapidly flowing river more than 
passengers per day; or 
(2) On any allocated rapidly flowing river more than 92 
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 2, paragraph A, 
subparagraph 4. 
On 
unallocated days, an outfitter may occasionally carry 
up to 4 additional passengers to accommodate problems 
in 
booking. 
Abuse 
of 
the 
privilege 
to 
carry 
additional passengers results in its loss for a period 
to be determined by the commissioner. 
B. The following penalties apply to violations of paragraph 
& 
(1) 
A person who violates paragraph A commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
( 2) 
A person who violates paragraph A after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
Sec. 338. 12 MRSA §12913, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Allocation required; affiliated outfitters restricted. 
This subsection governs commercial whitewater trips on rivers 
subject to allocation reguirements. 
A. 
Except as provided in this paragraph, 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 McKay Station and Pockwockamus Falls 
without an allocation or in excess of an allocation on any 
day 
for 
which 
allocations 
are 
established 
under 
this 
subsection or by the department by rule. 
(1) 
Allocations 
are 
not 
established 
and 
are 
not 
reguired for other rivers or for other stretches of the 
Kennebec River or the West Branch Penobscot River. 
(2) 
Allocations 
are 
reguired for 
Saturdays 
on 
the 
Kennebec River between Harris Station and West Forks 
for the period of July 1st to August 31st. Allocations 
are reguired for Saturdays on the West Branch Penobscot 
River between McKay Station and Pockwockamus Falls 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 on other days, 
the department shall 
provide by rule for allocations. 
Rules adopted under 
this 
subparagraph 
are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A. 
(3) 
Under high-water or low-water conditions on the 
West Branch Penobscot River, an emergency swap of all 
allocation may be made to the Kennebec River, as long 
as 
sufficient 
water 
is 
available 
there. 
Under 
no 
• 
• 
c 
circumstances is a transfer of an allocation allowed 
from the Kennebec River to the West Branch Penobscot 
River. 
(4) 
An 
outfitter 
may 
occasionally 
exceed 
the 
allocation by 
passengers 
on 
a trip of 
up to 
passengers, or 4 passengers on a trip of more than 40 
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 
by 
an 
outfitter 
of 
the 
privilege 
to 
carry 
additional 
passengers 
results 
in 
the 
loss 
of 
the 
privilege 
for 
a 
period 
to 
be 
determined 
by 
the 
commissioner. 
(5) 
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. 
(6) 
The following penalties apply to violations of 
this paragraph. 
(a) 
A person who violates this paragraph commits 
a civil violation for which a fine of not less 
than $100 nor more than $500 may be adjudged. 
(b) 
A person who violates this paragraph after 
having been adjudicated as having committed 3 or 
more civil violations under this Part within the 
previous 5-year period commits a Class E crime. 
B. 
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. 
The following 
penalties apply to violations of this paragraph. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
Page l56-LR2679(1) 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
C. 
Three or more years after the period of affiliation, the 
department may, in its discretion, consider reguests 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 by considering the former 
member's reguest to run passengers on an allocated river. 
Sec. 339. 12 MRSA §12913, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
3. 
Allocations, 
maximum, 
minimum. 
The 
department 
may 
allocate the privilege to conduct whitewater trips to licensed 
outfitters. 
The 
maximum 
allocation for 
an outfitter is 
passengers per river 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 
department 
is 
not 
authorized 
to 
issue 
a 
total 
number 
of 
allocations i66yea for 
an allocated day 
ffiay--a9~-~~eeea that 
exceeds 
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. 
Sec. 340. 12 MRSA §12913, sub-§§5 and 6, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
5. 
Allocation criteria; reports. 
The department may adopt 
rules specifying a 
schedule for reviewing outfitters who hold 
allocations 
and 
setting 
forth 
the 
criteria 
for 
awarding 
allocations. 
AB-~~~~~~--6Ha±±-~~--~eFi9aie-~1~~-Fe~9F~6 
~9-~~-ae~aF~mea~-~~~~-Fi~F-~£€--~F-~e~h-~~~~-aBa 
yaal1gea~-aay6... 
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. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
A. 
An outfitter shall submit on a schedule determined by 
the department periodic public reports to the department 
Page l57-LR2679(1) 
» 
documenting river use for both allocated and unallocated 
days. 
The following penal ties apply to violations of this 
paragraph. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
6. 
Allocation fee. 
Aa When allocations are reguired, an 
outfitter shall pay the department an annual allocation feeT-feF 
e~~ReF-~4¥e~-~~~~~-a~-£e~~~FeaT of $250 per unit of 
passengers or less a±±eea~ea-~e~-~-~~1t~--~~~~-ia-e*eess 
e~-~~~~-~ai~-eR-~-&~ag~-F~veF. Additional passengers over 
each increment of 20 constitute a 
new unit. 
1'R~S The annual 
allocation fee may be paid in quarterly payments, beginning 30 
days after the allocation is awarded. The maximum allocation fee 
an outfitter may pay is $2,625 ~eF-~~e-~~~~~~--Ga~~yi~-±6G 
passea~eFs-peF-aay-ea-ae~R-F~veFs annually. 
Sec. 341. 12 MRSA §12913, sub-§§7 and 8, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed. 
Sec.342. 12 MRSA §12913, sub-§9 is enacted to read: 
9. 
Noncommercial 
whitewater 
rafting 
trips; 
prior 
~istration required. 
A person without a commercial whitewater 
outfitter's license using a whitewater craft on any stretch of 
river for which a specific allocation is reguired, including days 
for which an allocation is not reguired, 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 commercial whitewater outfitter may not use a whitewater craft 
on any stretch of river for which 
a 
specific allocation is 
reguired, including days for which an allocation is not reguired, 
to 
carry 
any 
person, 
other 
than 
a 
commercial 
passenger 
or 
commercial 
whitewater 
guide, 
unless 
the 
outfitter 
files 
a 
noncommercial passenger registration form with the department 
before launching the craft. 
The form must list the persons who 
are not commercial whitewater guides or commercial passengers, 
state that the persons listed are 
not 
commercial 
whitewater 
~uides or commercial passengers and be signed by each person 
listed. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 343. 12 MRSA §12951, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§1295l. 
Rule violations; taxidermy 
The 
following 
penalties 
apply 
to 
violations 
of 
rules 
regulating taxidermy. 
1. 
Civil. 
Notwithstanding section 10650, 
a 
person who 
violates a rule regulating taxidermy commits a civil violation 
for which a fine of not less than $100 nor more than $500 may be 
adjudged. 
2. 
Criminal. 
A person 
who 
violates 
a 
rule 
regulating 
taxidermy after having been adjudicated as having committed 3 or 
more civil violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec.344. 12 MRSA §12952, sub-§2-A is enacted to read: 
2-A. 
Record-keeping requirements. 
The following provisions 
apply to keeping and filing records. 
A. 
The holder of a taxidermist license shall: 
(1) 
Keep a true and complete record, in such form as 
required 
by 
the 
commissioner, 
of 
all 
activities 
conducted by virtue of the taxidermist license; and 
(2) 
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. 
B. 
The 
following penalties apply to violations of this 
subsection. 
Page l59-LR2679(1) 
• 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Each day a person violates this subsection is a separate 
offense • 
Sec. 345. 12 MRSA §12952, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
3. 
Records inspection. 
Records retained under subsection 
2-11. must be open for inspection by any agent of the commissioner 
during normal business hours. 
Sec. 346. 12 MRS A §12952, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
5. 
Rules. 
The 
commissioner may, 
pursuant to the Maine 
Administrative 
Procedure 
Act, 
adopt 
rules 
to 
implement 
the 
provisions of this section aRa-~~~~-~~~~r-±G~G~-~-169§~. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-11.. 
Sec. 347. 12 MRSA §12953, sub-§7, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
7. 
Annual 
renewal 
of 
license; 
fees. 
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 seeReF it is revoked sooner. 
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. 
Sec.348. 12 MRSA §12953, sub-§8 is enacted to read: 
8. Rules. 
The commissioner may adopt rules to implement the 
provisions of this section. 
Rules 
adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-11.. 
Sec.349. 12 MRSA §12954, sub-§4-A is enacted to read: 
4-A. 
Record-keeping requirements. 
The following provisions 
apply to the keeping and filing of records. 
A. 
A licensee shall: 
(1) 
Keep a true and complete record, in such form as 
is required by the commissioner, of all heads, hides 
and bear gall bladders purchased; and 
(2) 
File that record with the 
commissioner 
on or 
before June 30th of each year. 
B. 
The following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Each day a person violates this subsection is a separate 
offense. 
Sec. 350. 12 MRSA §12954, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
5. 
Record inspection. 
Records retained under subsection 
4-A must be 
open for 
inspection by the 
commissioner or the 
commissioner's agent. 
Sec. 351. 12 MRSA §12954, sub-§7, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec.352. 12 MRSA §12955, sub-§4-A is enacted to read: 
4-A. Record-keeping requirements. 
The following provisions 
apply to the keeping and filing of records. 
A. 
A licensee shall: 
( 1) 
Keep a true and complete record, in such form as 
is required by the commissioner, of all hides qartered 
or sold; and 
.. 
• 
... 
B. 
(2) 
Retain records reguired under this subsection for 
at least 3 years. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after havin~ 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Each day a person violates this subsection is a separate 
offense. 
Sec. 353. 12 MRSA §12955, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
5. 
Record inspection. 
Records retained under subsection 
A must be 
open for 
inspection by the 
commissioner or the 
commissioner's agent. 
Sec. 354. 12 MRSA §12955, sub-§6, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 355. 12 MRSA §13001, sub-§§19, 20 and 22, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to 
read: 
19. 
Operation. "OperationT" wReR-i~--r-€-f-e-r-5--t-o--wa-'&e-FGF-af-1;-ef 
aRY-~YFe-eF-ae6eF4F~ieRT means the act of operating as defined in 
subsection 18. 
20. 
Operator. "Operator" means the person who is in control 
or in charge of a watercraft, snowmobile or ATV while it is in 
use. 
22. 
Passenqer. 
"Passenger" 
iRe J:1:lae s ~ 
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 
exclusively for pleasure purposes who has 
any consideration, directly or indirectly, 
carriage. 
is being 
used 
not contr ibuted 
for that guest's 
Sec. 356. 12 MRS A §13003, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Registration of watercraft and ATV. 
An Except in the 
case 
of 
a 
renewal 
of 
registration 
by 
the 
same 
owner, 
an 
application for the registration may-Re~-~~~~-~-~&~e~-~e 
any of a watercraft or ATV wRese may not be granted when the sale 
or use of that watercraft or ATV may be subject to tax under 
Title 36, chapters 211 to 225, e*eept-~R-~~~~-~-~~wa~-ef 
~e~ist~atieR--&y-~~-£affi€--eWne~T unless 
aRe--aa~i* one of the 
following conditions has been satisfied: 
A. 
The applicant has submitted a dealer's 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 question 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 question is exempt from or otherwise not subject 
to tax under Title 36, chapters 211 to 225. 
Sec. 357. 12 MRSA §13004, as enacted by PL 2003, c. 414, Pte 
A, §2 and affected by Pt. D, §7, is amended to read: 
§13004. Collection by 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 
ne~-~-€eRst;F\iee--as--p~e€hleiR~ do not preclude 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. 
Sec. 358. 12 MRSA §13051, sub-§6, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 359. 12 MRSA §13051, last 1[, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
Rules adopted pursuant to this section must be written in a 
clear 
and easy-to-understand format 
for 
educational purposes. 
±aese-E~les A summary of rules adopted under subsections 3, 4, 5 
and 7 must be attaeaee--t-<l--aHe distributed with each watercraft 
registration 
form 
together with 
a--&affiffia~~-~---t~-~~~€£--aHe 
information on how to prevent water contamination and minimize 
wildlife disturbance. 
Sec. 360. 12 MRSA §13053, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 361. 12 MRSA §13054, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§13054. 
Rule violations: watercraft 
The 
following 
penalties 
apply 
to 
violations 
of 
rules 
regarding watercraft. 
1. 
Civil. 
Notwithstanding section 10650, 
a 
person 
who 
violates a rule regarding watercraft commits a civil violation 
for which a fine of not less than $100 nor more than $500 may be 
adjudged. 
2. 
Criminal. 
A person 
who 
violates 
a 
rule 
regarding 
watercraft after having been adjudicated as having committed 3 or 
more civil violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 362. 12 MRSA §13055, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 363. 12 MRSA §13056, as corrected by RR 2003, c. 1, §9, 
is amended to read: 
§13056. 
Certificate of number, identification numbers and 
validation stickers 
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I-A. 
Operating without certificate of number. 
Except as 
provided in paragraph At 
a 
person may 
not operate or give 
permission to operate a 
motorboat requiring 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. 
Page l65-LR2679(1) 
.. 
II 
A. 
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, as 
long as 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. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
B. Qperating without identification number and validation 
stickers. 
A person may not 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. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
2. 
Motorboats 
requiring. 
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. 
are exempt from this subsection: 
The following motorboats 
Page l66-LR2679(1) 
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 
displays on its 
number issued by 
used exclusively for racing purposes 
hull in a prominent manner 
a valid 
a recognized racing association. 
that 
boat 
3. 
Other watercraft may be numbered. 
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. 
Application. 
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 
the proper fee, the commissioner 
the 
office 
records 
and 
issue 
certificate of number stating: 
of the approved 
shall enter the 
the 
applicant 
A. 
The number assigned to the motorboat; 
B. 
Its description; 
application with 
application upon 
a 
pocket-sized 
• 
• 
• 
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 equipped with a motor 
having 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 
requests 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 
$1. 
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 11, 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. 
Transfer of ownership. 
Whoever transfers ownership of 
a motorboat for which a certificate of number has already been 
issued under 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. 
New 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 
remainder of the calendar year plus one additional year. 
12. 
Requirements. 
The 
following 
provisions 
RHis-t.---be 
ebse~vea establish 
requirements 
for 
certificates 
of 
number, 
identification numbers and validation stickers. 
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. 
B. 
';i;ae 
A person may not operate or give permission to 
.",o ... p'-"e'-'r'-'a=t-"'-"<e_-"'a'---=m'-"o'--'t"-'o"'-r=-b""-"'o"'a"-'t"-----'u"'n"-"'l""e..,s,..,s'--the 
ide n t if i cat i on n umbe rand 
• 
• 
validation 
stickers 
assigned 
by 
the 
commissioner 
and 
authorized by this chapter 1ft1::l640--:&e are 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 equal 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 viz.: 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 
certificate of 
number 
shall 
notify 
writing within 10 days of: 
has 
the 
been 
issued 
commissioner 
a 
in 
(1) 
The 
interest, 
interest, 
transfer of all or any part of the owner's 
other 
than 
the 
creation 
of 
a 
security 
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; 
or 
(4 ) 
The fees for issuance of a certificate of number 
are not paid. 
l2-A. 
Violation of requirements; penalty. 
The following 
penalties apply to violations of subsection 12. 
A. 
A person who violates subsection 12 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 12 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
13. 
Termination of certificate of number. 
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; 
Page l71-LR2679(1) 
.. 
• 
• 
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. 
Sec. 364. 12 MRSA §13058, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Prohibition. 
A person may 
not place or 
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. 
Sec. 365. 12 MRSA §13058. sub-§2. as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Violation. 
A citation for a violation of subsection 1 
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. 
A person who violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 and not 
more 
than 
$250 
per violation 
may 
be 
adjudged. 
A 
fine 
imposed under this subsection may not be suspended by the 
court. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
Sec. 366. 12 MRS A §13058. sub-§3, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
3. 
Lake and river protection sticker; fee. 
By No later 
than 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 required. 
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. 
Sec. 367. 12 MRSA §13059, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 aRa. The dealer or manufacturer may transfer t::aat:: the 
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 paiRt::ea--&£--a-1;-t;..aGhe4-t::e displayed 
on the bow of any boat covered by the dealer's certificate of 
number. 
Sec.368. 12 MRSA §13059, sub-§5 is enacted to read: 
5. Penalty. 
The following penalties apply to violations of 
subsection 4. 
A. 
A person who violates subsection 4 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 4 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 369. 12 MRSA §13060, sub-§§3 and 4, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
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 days 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. 
The temporary 20-day boat number is nontransferable. 
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 aeat-ll.limaeF 
plate 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. 
Requirements. 
The following FestFietieRs reguirements 
govern the use of 20-day plates. 
A. 
~Re Notwithstanding 
any 
other 
reguirements 
for 
the 
display of a boat number, the new owner shall conspicuously 
display the temporary 20-day aeat-~--~-ReRtFaRsEeFaa±e 
aRe-~~~-~~~~&~y-eis~±ayee plate on the bow of the 
motorboatT-ll.e~wi~b£~all.eiR~-~£y-~~-~~~r~~-&~-eis~±ay 
eE-aeat-RlimaeF when the motorboat is operated. 
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 
remove 
and discard the temporary 
display the permanent boat number 
assigned by 
the commissioner 
in 
13056, subsection 12, paragraph B. 
period, the owner shall 
20-day boat number 
and 
and validation stickers 
accordance with section 
Sec.370. 12 MRSA §13060, sub-§5 is enacted to read: 
5. Penalty. 
The following penalties apply to violations of 
subsection 4. 
A. 
A person who violates sUbsection 4 
commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 4 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 371. 12 MRS A §13061, sub-§§1 and 4, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
1. 
Permit required. 
A person may not hold a regatta, race, 
boat exhibition or water-ski exhibition without a permit from the 
commissioner issued under subsection 2. 
A-~--5<Hi--W:aB--""i-9±at,e6 
t,Ri6-~~b£€£~~~£-~~~~-ei-""i-±-viela~ieR-~~-~~-a-~er~eit,~re 
e€-Ret,-±e66-t,RaB-$lgg-Ber-mere-~RaB-$9gg-maY-Be-aa~~a~eaT 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
4. 
Requirements. 
The following 
res~rie~ieBs requirements 
apply to permits issued under this section. 
A. 
The person obtaining the permit under subsection 2 is 
resFeBsiB±e---~er---F£eviaiB~ 
shall 
provide 
reasonable 
protection..L as prescribed by the commissioner..L from water 
traffic interference and hazards and shall take reasonable 
precautions to safeguard persons and property. 
B. 
During any event authorized pursuant to subsection l, 
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. 
Sec.372. 12 MRS A §13061, sub-§4-A is enacted to read: 
4-A. Penalty. 
The following penal ties apply to violations 
of subsection 4. 
A. 
A person who violates subsection 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 4 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Page l75-LR2679(1) 
• 
.. 
• 
• 
... 
.. 
Sec. 373. 12 MRSA §13061, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 required under subsection 4, 
~aragraph B is displayed. 
A-~e~£e~-~~~~~-~H~&-SHBSee~ieH 
eemffii~s-a-€4¥4~-¥4~~4~-~~-~~~-~~~~~~~~-R&~-less-~saH 
$lQQ-HeF-ffieFe-~saH-$§QQ-ffiaY-Be-aa~Ha~eaT 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 374. 12 MRSA §13062, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
1. 
Certificate required. 
A person 
may 
not 
operate 
a 
motorboat carrying passengers for hire without a certificate of 
number as reguired under this section. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 375. 12 MRSA §13063, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Plo 
D, §7, is repealed and the 
following enacted in its place: 
1. 
Prohibition. 
A person 
may 
not operate 
a 
motorboat 
carrying passengers for hire without an operator's license to 
carry passengers for hire as reguired in this section. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 376. 12 MRS A §13064, 
A, §2 and affected by Pt. D, 
enacted in its place: 
as enacted by PL 2003, c. 414, Pt. 
§7, is repealed and the following 
§13064. 
Certificate of number for motorboats rented or leased 
1. 
Certificate of number required. 
Before any motorboat is 
rented or leased, 
the owner of the motorboat shall obtain a 
certificate of number from the commissioner under section 13056. 
2. Penalty. 
The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 377. 12 MRSA §13065, sub-§l, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 
campground 
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-~~~-via±a~es-~£~~-~~-eaffiffii~s-~~~~~-via±a~iaa 
Ea~-w£~££-~-~~~~&~B&-aE-£~~-~~-&a~&-$199-£~-~~-&aa&-$§gg 
ffiay-ae-aa~l:i.aEJeaT 
Sec.378. 12 MRS A §13065, sub·§I.A is enacted to read: 
I-A. Penalty. 
The following penal ties apply to violations 
of subsection 1. 
A. 
A person who 
violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 379. 12 MRSA §13066, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§I3066. 
Displaying excise tax decal and maintaining list 
1. 
Failure to display 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 
Ea~Eail;l:i.~e fine 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. 
B. 
A person who fails to display an excise tax decal in 
accordance 
with 
this 
subsection 
after 
having 
been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Any fine imposed as part of the sentencing 
Page l78-LR2679(1) 
alternative 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 
gea~--yara boatyard 
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 
€ai±s--t-&--ffiai-B-t,.ai-B--a--1-i-&t--er-ffia·ke--a--±is~ 
ayai±a9±e---i-n--~r-da-n-G€---wi~R violates 
this 
subsection 
commits a civil violation for which a €er€eitare fine of not 
less than $25 nor more than $250 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 380. 12 MRSA §13067, sub-§2, as enacted by PL 2003, c. 
414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. Penalty. The following penalties apply to violations of 
this section. 
A. 
A person who 
violates subsection 1 
commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates subsection 1 after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 381. 12MRSA§13068, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec.382. 12 MRSA §13068-A is enacted to read: 
§13068-A. 
Qperating watercraft; prohibitions 
1. 
Launching contaminated watercraft. 
A person may not 
place a watercraft that is contaminated with an invasive aquatic 
plant upon the inland waters of the State. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $500 and not 
more than $5,000 per violation may be adjudged. 
A fine 
imposed under this subsection may not be suspended by the 
court. 
.. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
2. 
Unlawfully permitting operation by another. 
A person 
inay not pe,rmit operation of a watercraft in violation of this 
subsection. 
A. 
A person violates this subsection if that person owns a 
watercraft and negligently permits another person to operate 
that watercraft in violation of this chapter. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
B. 
A person violates this subsection if that person is the 
parent or guardian responsible for the care of a minor undex 
years of age and the minor operates a personal watercraft 
in violation of this chapter. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
3. 
Operating motorboat other than personal watercraft while 
underage. 
A person under 12 years of age may not operate a 
motorboat propelled by machinery of more 
than 
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. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
4. 
Operating watercraft without proper safety equipment. 
Except as provided in paragraph B, 
a person may not operate a 
watercraft 
without 
proper 
safety 
eguipment 
as 
described 
in 
paragraph A. 
A. 
A person operates a watercraft without proper safety 
eguipment if the person operates a watercraft and: 
(1) 
Fails 
to 
comply 
with 
the 
same 
reguirements 
pertaining 
to 
lights, 
life-saving 
devices, 
fire 
extinguishers and other safety eguipment as reguired 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 reguirements pertaining to 
additional 
eguipment 
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, Type 
II or Type III personal flotation device while canoeing 
or kayaking on the Saco River between Hiram Dam 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 Type 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 Ri ver , 
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 sup~rvision 
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. 
C. 
The 
following penalties apply to violations of this 
subsection. 
(I) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
{2} 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
5. 
Operating watercraft to endanger. 
A person may not 
operate any of the following so as to endanger any person or 
property: 
A. Watercraft; 
B. Water ski; or 
C. Surfboard or similar device. 
A person who violates this subsection commits a Class E crime. 
6. 
Reckless operation of watercraft. 
A person may not 
operate any of the following in such a 
way as to recklessly 
create a substantial risk of serious bodily injury to another 
person: 
A. Watercraft; 
B. Water ski; or 
C. Surfboard or similar device. 
A person who violates this subsection commits a Class D crime. 
7. 
Operating watercraft at greater than reasonable and 
prudent speed. 
A person: 
A. 
May not operate a watercraft except at a reasonable and 
prudent speed for existing conditions; and 
Page l82-LR2679(1} 
B. 
Shall regulate the speed of a watercraft so as to avoid 
danger, injury 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, 
or 
otherwise. 
A person who violates this subsection commits a Class E crime. 
8. 
Imprudent 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 pursuan~ to Title 17, section 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
9. 
Operating 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. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
10. 
Operating motorboat that exceeds noise limits. 
The 
following provisions govern noise limits. 
Page l83-LR2679(1) 
• 
• 
• 
• 
A. 
A person may not operate a motorboat in such a manner as 
to exceed: 
(1) 
A noise level of 90 decibels when subjected to 
Q, 
stationary sound level test with and without cutouts 
engaged and as prescribed by the commissioner; or 
(2) 
A noise level of 75 decibels when subjected to an 
operational test measured 
with 
and 
without 
cutouts 
engaged and as prescribed by the commissioner. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsectior:. commits a 
civil violation for which a fine of not less than $300 
nor more than $500 may be cujudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
C. 
This subsection does not apply to motorboats that are 
operating in a regatta or race approved by the commissioner 
under section 13061. 
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 motorboats that are operating in a regatta or race approved 
by the commissioner under section 13061 may use cutouts for these 
motorboats while on trial runs or competing in speed events, for 
a 
period 
not 
to 
exceed 
hours 
immediately 
preceding 
or 
following such an authorized event. 
A. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5 year 
period commits a Class E crime. 
12. 
Tampering with 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. 
A person who violates this subsection commits a civil 
violation for 
which 
a 
fine 
not 
to 
exceed 
$100 
may 
be 
adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
13. 
Headway speed only. 
The following provisions govern 
speeds in certain zones. 
A. 
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: 
(1) 
While actively fishing; or 
( 2) 
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. 
B. 
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. 
C. 
The 
following penalties 
apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
14. 
Operating motorboat in bathing areas. 
The following 
provisions apply to operating a motorboat in a bathing area. 
A. 
A person may not: 
• 
(1) 
Operate a motorboat wi thin a bathing area marked 
or buoyed for bathing; or 
(2) 
Operate an airmobile on a 
beach adjacent to a 
bathing area marked or buoyed for bathing. 
B. 
The 
following penalties apply to violations of 
this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
15. 
Operating watercraft in quarantined area. 
A person may 
not operate a watercraft in violation of an order issued under 
Title 38, section 1864. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $500 and not 
more 
than $5,000 per violation may be 
adjudged. 
A fine 
imposed under this subsection may not be suspended by the 
court. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
16. 
Operating motorboat in prohibited or restricted area. 
The 
following 
provisions 
apply 
to 
operating 
a 
motorboat 
~n 
prohibited or restricted areas. 
A. 
A person may not: 
(1) 
Operate a motorboat on that portion of Portage 
Lake 
in Township 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; 
(2) 
Operate a motorboat on Quimby Pond in the Town of 
Rangeley, Franklin County; 
(3) 
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.l, 
R. 7 and T.A., R. 7, all in Penobscot County; 
(4) 
Operate a motorboat on Upper and Lower Ox Brook 
Lakes in the Towns of T. 6 ND, T. 6 RI and Talmadge in 
Washington County; 
(5) 
Operate 
a 
motorboat 
on 
Little 
Nesowadnehunk 
(Sournahunk) Lake, in T. 5, R. 11, Piscataquis County; 
(6) 
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; 
(7) 
Operate a motorboat on a body of water commonly 
known as and referred to in the Dunham-Davee Work Plan 
as Snow's Pond, situated west of Route 7 in the Town of 
Dover-Foxcroft, Piscataquis County; 
(8) 
Operate a motorboat having more than 6 horsepower 
on Long Pond, Town of Denmark, Oxford County; 
(9) 
Operate 
a 
motorboat 
on 
Lily 
Pond, 
Edgecomb, 
Lincoln County; 
(10) 
Operate 
a 
motorboat 
powered 
by 
an 
internal 
combustion engine 
on 
Nokomis 
Pond, 
situated 
~n the 
Towns of Newport and Palmyra, Penobscot County; 
(11) 
Operate 
a 
motorboat in Merrymeeting Bay at a 
speed in excess of 10 miles per hour, except within the 
confines of the buoyed channels; 
(12) 
Operate 
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; 
(13) 
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; 
(14) 
Operate a 
personal watercraft in violation of 
section 685-C, subsection 10 or any rule adopted by the 
Page l87-LR2679(1) 
• 
Maine Land Use Regulation Commission to implement that 
subsection; 
(15) 
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; 
(16) 
Operate 
a 
watercraft at greater than 
headway 
speed on any area of Torsey Lake within 112 mile from 
the boat launch on Old Kents Hill Road in the Town of 
Readfield; 
(17) 
Operate 
a 
watercraft 
equipped 
with 
a 
motor 
greater than 10 horsepower on Cold Rain Pond in the 
Town of Naples or on Holt Pond in the Town of Naples 
and the Town of Bridgton; 
(18) 
Operate 
a 
watercraft 
equipped 
with 
a 
motor 
greater than 5 horsepower on Moose Pond in the Town of 
Otisfield; 
(19) 
Operate 
a 
watercraft at greater than 
headway 
speed on any area of Pickerel Pond in the Town of Wayne; 
( 20) 
Operate 
a 
motorboat 
having 
more 
than 
horsepower 
on 
Middle 
Branch 
Pond 
in 
the 
Town 
of 
Waterboro in York County; 
(21) 
Operate 
a 
motorboat 
having 
more 
than 
horsepower on Adams Pond, Foster Pond or Otter Pond in 
the Town of Bridgton in Cumberland County; or 
(22) 
Operate 
a 
motorboat 
having 
more 
than 
horsepower on Pickerel Pond in the territory of T.32 MD 
in Hancock County. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5 year 
period commits a Class E crime. 
Page l88-LR2679(1) 
Sec. 383. 12MRSA §13069, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§13069. Watercraft accident; requirements 
1. 
Failure to render aid or provide personal identification 
after watercraft accident. 
The operator of a watercraft that is 
involved in a collision, accident or other casualty may-Ba~ shall: 
A. 
~ai±--t-o--reBael' 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; ali' and 
B. 
~ai*--t~-~ive 
identification of 
injured and to the 
Give the person's name and address and 
the person's watercraft to 
any person 
owner of any property damaged. 
A person who violates this subsection commits a Class E crime. 
2. 
Failure 
fail to report 
subsection. 
to report watercraft accident. 
A person may not 
a watercraft accident in accordance with this 
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 
receiving 
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 J1lust be 
reported within 72 hours on forms provided by the department. 
• 
... 
.. 
C. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year. 
period commits a Class E crime. 
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FRay-ee-aa~1:ia~eaT 
Sec. 384. 12 MRSA §13070, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§13070. Operating airmobile 
1. 
No 
permission 
eeHS~F1:iea-as-~iyiH~ give 
the property of another. 
given. 
This 
chapter 
FRay 
does 
not 
Be 
license or permission to cross or go on 
2. 
Stop and 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. 
AHy h person iH-vislatieH-sE who 
violates this subsection 
is-~-alH.e---t;G--~£€--l-andowne-r--1:iHaet 
applieaB±e-law commits a Class E crime. 
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 upon 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, 
incl uding 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 
conditions: 
crossings 
are 
subject 
to 
the 
following 
(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. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
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ffiay-ae-aa~~a~eaT 
5. 
Failing to stop airmobile before entering public way. 
A 
person 
ffiay--n&t.--E-a-~~-te shall bring an airmobile to a complete 
stop before entering a public way. 
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A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
6. 
Failing 
to 
yield 
right-of-way 
while 
operating 
airmobile. 
A person ffiaY-Be~-Ea~l-~e shall yield the right-of-way 
.. 
to all vehicular traffic while operating an airmobile on a public 
way. 
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A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
7. 
Operating 
airmobile 
that 
exceeds 
noise 
limit. 
Airmobiles 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: 
C. 
(1) 
A noise level of 90 decibels when subjected to a 
stationary sound level test with and without cutouts 
engaged and as prescribed by the commissioner; or 
(2) 
A noise level of 75 decibels when subjected to an 
operational 
test measured 
with 
and 
without 
cutouts 
engaged and as prescribed by the commissioner. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $300 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
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maY-Be-aQ~QQ~eQT 
8. 
Operating 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. 
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A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
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~e~-w£J££-~-~~~~&~~-e~-~~~-~~-&~&-$lQQ-~~~-~~-&aa&-$9QQ 
maY-Be-aQ~QQ~eeT 
10. 
Operating airmobile too close to certain buildings. 
Except as provided in this subsection, a person may not operate 
an airmobile wi thin 200 feet of a dwelling, hospital, nursing 
home, convalescent home or church. 
A. 
This subsection does not apply to a person operating an 
airmobile: 
(1) 
On public ways in accordance with subsections 4, 
5, 6 and 7; 
... 
(2) 
On the frozen surface of any body of water; and 
(3) 
On land that the operator owns or is permitted to 
~ 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
be adjudicated as having committed 
or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
Sec. 385. 12 MRSA §13071. as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec.386. 12 MRSA §13071-A is enacted to read: 
§13011-A. Operating personal watercraft 
1. 
Operating personal watercraft while underage. 
A person 
under 16 years of age may not operate a personal watercraft. 
A. 
A person who violates this SUbsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
2. 
Additional safety re,!-uirements while operating personal 
watercraft. 
The following provisions apply to operating or being 
a passenger on a personal watercraft. 
A. 
A person may not: 
(1) 
Operate or be a passenger on a personal watercraft 
unless the person is wearing Coast Guard approved Type 
It Type II or Type III personal flotation devices; or 
(2) 
Operate a personal watercraft during the hours 
between sunset and sunrise. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $SOO may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous S-year 
period commits a Class E crime. 
3. 
Operating 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. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $SOO may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous S-year period commits a 
Class E crime. 
4. 
Operating personal watercraft in prohibited area. 
The 
following 
provisions 
apply 
to 
operating 
a 
watercraft 
in 
prohibited areas. 
so 
A. 
A person may not operate a personal watercraft on: 
(1) 
Mud Pond, Oversett Pond, South Pond, Round Pond, 
Twitchell Pond, Hicks Pond, Indian Pond or Furlong Pond 
in the Town of Greenwood in Oxford County; 
(2) 
North 
Pond 
or 
Bryant 
Pond, 
also 
known 
as 
Christopher Lake, in the Town of Greenwood and the Town 
of Woodstock in Oxford County; 
(3) 
Concord Pond, Little Concord Pond or Shagg Pond in 
the Town of Woodstock in Oxford County; 
(4) 
Hamilton Pond in Bar Harbor in Hancock County; 
(S) 
Bog 
Lake 
or 
Horseshoe 
Lake 
in 
the 
Town 
of 
Northfield in Washington County; 
.. 
iii 
.. 
( 6) 
Megunticook Lake in the Town of Camden and the 
Town 
of 
Hope 
in 
Knox 
County 
and 
the 
Town 
of 
Lincolnville in Waldo County; 
(7) 
Hobbs Pond, Fish Pond or Alford Lake in the Town 
of Hope in Knox County; 
(8) 
Norton 
Pond 
or 
Coleman 
Pond 
in 
the 
Town 
of 
Lincolnville in Waldo County; 
(9) 
Pitcher Pond in the Town of Lincolnville and the 
Town of Northport in Waldo County; 
(10) Torsey Lake in the Town of Mount Vernon and the 
Town of Readfield in Kennebec County; 
(11) 
Trickey Pond in the Town of Naples in Cumberland 
County; 
(12) 
Brandy Pond in the Town of Naples in Cumberland 
County between sunset and 9:00 a.m.; 
(13) 
Fulton 
Lake 
in 
the 
Town 
of 
Northfield 
in 
Washington County; 
(14) 
Knight Pond in the Town of Northport in Waldo 
County; 
(15) 
Moose 
Pond or 
Saturday Pond 
in the 
Town 
of 
Otisfield in Oxford County; 
(16) 
Tripp Pond, Upper Range Pond or Middle Range Pond 
in the Town of Poland in Androscoggin County; 
(17) 
Keewaydin 
Lake, 
Virginia 
Lake, 
Trout 
Pond, 
Weymouth Pond or Whitney Pond in the Town of Stoneham 
in Oxford County; 
(18) 
Lermond Pond in the Town of Union and the Town of 
Hope in Knox County; 
(19) 
Pocasset Lake or Pickerel Pond in the Town of 
Wayne in Kennebec County; 
(20) 
Androscoggin 
Lake 
in 
the 
Town 
of 
Wayne 
in 
Kennebec County and the Town of Leeds in Androscoggin 
County; 
(21) 
Little 
Cobbosseecontee 
Lake 
in 
the 
Town 
of 
Winthrop in Kennebec County; 
(22) 
Somes Pond in the Town of Mount Desert; 
(23) 
Long Pond in the Town of Mount Desert and the 
Town of Southwest Harbor; 
(24) 
Little Long Pond in the Town of Mount Desert; 
(25) 
Meetinghouse Pond, Big Pond, Wat Tuh Lake, Center 
Pond and Silver Lake, also known as Silver Pond, in the 
Town of Phippsburg in Sagadahoc County: 
(26) 
South Branch Lake in the Plantation of Seboeis 
and the Township of T2 R8 NWP in Penobscot County; 
(27) 
Spring Lake in Spring Lake Township in Somerset 
County; 
(28) 
Kennebago 
Lake 
and 
Kennebago 
River 
in Davis 
Township and Stetsontown Township in Franklin County; 
(29) 
Nicatous Lake in the Townships of T40 MD, T4l MD 
and T3 ND in Hancock County; 
(30) 
Crystal Lake in the Town of Washington in Knox 
County: 
Middle Branch Pond in the Town of Waterboro in 
York County; 
(32 ) 
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; or 
(33) 
Lake St. George in the Town of Liberty. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
.. 
• 
• 
.. 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 387. 12 MRSA §13103, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
§13l03. 
Rule violations; snowmobiles and snowmobile races 
The 
following 
penalties 
apply 
to 
violations 
of 
rules 
regulating snowmobiles or the protection and safety of spectators 
at snowmobile races. 
1. 
Civil. 
Notwithstanding 
section 
10650, 
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 fine of not less than $100 nor more than 
$500 may be adjudged. 
2. 
Criminal. 
A person 
who 
violates 
a 
rule 
regulating 
snowmobiles 
or 
the 
protection 
and 
safety 
of 
spectators 
at 
snowmobile 
races 
after 
having 
been 
adjudicated 
as 
having 
committed 3 or more civil violations under this Part within the 
previous 5-year period commits a Class E crime. 
Sec. 388. 12 MRS A §13104, sub-§l, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Operating 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. 
We A registration is not 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. 
We A registration is not 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 way 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. 
F. 
The following· penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
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~e~-w£~££-~-~~~~~~~-e~-£B~-~~-~a~~-$±GG-£B~-~~-&G~~-$§GG 
may-ae-ae~~e~eeT 
Sec. 389. 12 MRSA §13104. sub-§7. as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
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 
snewmeai±e--ewnea--ay--a nonresident 
may--ne~--ae--iss~ea is 
ineligible to obtain a 
resident registration for a 
snowmobile 
owned by that nonresident. 
Nothing in this subsection authorizes 
the operation of any 
.Q snowmobile in any 
.Q manner contrary to 
this chapter. 
±ais-~-~-~--ne~-~~~-~~-6Hewmeai±es 
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 may 
be 
operated without 
being 
registered 
under 
this 
subsection. 
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. 
• 
• 
.. 
Sec. 390. 12 MRS A §13104, sub-§12, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec.391. 12 MRSA §13104, sub-§12-A is enacted to read: 
A. 
Registration certificate; 
inspection 
and 
display. 
The following provisions apply to registration certificates and 
·numbers. 
A. 
A person shall: 
(1) 
Provide a registration certificate for inspection 
by any law enforcement officer on demand; and 
(2) 
Display 
a 
registration 
number 
assigned 
to 
g 
snowmobile in such form and manner as the commissioner 
may determine, except that an antique snowmobile is not 
required to display registration numbers. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this SUbsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
Sec. 392. 12 MRSA §13104, sub-§13, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
13. 
Fraudulent acquisition of 
person may not obtain a snowmobile 
misstatement or misrepresentation. 
subsection commits a Class E crime. 
snowmobile registration. 
A 
registration through fraud, 
A person who violates this 
Sec.393. 12 MRSA §13104, sub-§14 is enacted to read: 
14. Report of destroyed, 
abandoned or permanently removed 
snowmobile. 
A registrant shall notify the commissioner if a 
snowmobile is destroyed, 
abandoned or permanently removed from 
the State. 
Sec. 394. 12 MRS A §13105, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§13l05. Snowmobile registration agents 
1. 
Appointment of snowmobile 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 by rule the 
period when ~Re agents shall act. 
B. 
Agents may charge a service fee of not more than $1 for 
each snowmobile renewal registration issued and $2 for each 
registration covered 
by 
sections 
13002 
to 
13005. 
This 
service fee is retained by the agent. 
c. 
An agent is delinquent if that agent fails to forward to 
the commissioner funds collected by that agent by the date 
established in rules adopted under this subsection. 
Failure 
to remit the funds as provided in this subsection results in 
the following sanctions, in addition to any other provided 
by law. 
(1) 
The 
commissioner shall charge interest on 
the 
amount owed at the rate of 
18~ a year for each day the 
agent is delinquent. 
(2) 
If the agent has not paid the amount owed by the 
60th 
day 
after 
the 
agent 
becomes 
delinquent, 
the 
commissioner shall assess 
a 
surcharge of 
5~ of the 
principal amount owed. 
(3) 
If an agent is delinquent for more than 150 days 
or is delinquent 3 or more times in one year, 
the 
commissioner shall: 
( a) 
Terminate the agency for the balance of the 
year; and 
(b) 
Order that the agency not be renewed for the 
next year. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
2. 
Unlawful issuance of snowmobile registration. 
A~ agent 
may not issue a resident snowmobile registration to a nonresident 
or a nonresident snowmobile registration to a resident. 
• 
• 
.. 
.. 
A-~~~~-¥ie±a~es-~£~~-~~-eeffiffii~s-~-~-~~~-¥ie±a~ieH 
EeF-W£~€£-~-~~~~&~F&-eE-£B~-~~-&~a&-$±GG-£B~-~~-&~a&-$§GG 
ffiay-ae-aa~~a~eaT 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations· 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 395. 12 MRSA §13106, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec.396. 12 MRSA §13106-A is enacted to read: 
§13l06-A. Operation of snowmobile 
1. 
No permission given. This chapter does not 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 request of the landowner or the landowner's 
duly authorized representative. 
A person who violates this subsection commits a Class E crime. 
3. 
Operating snowmobile 
upon controlled access highway. 
Except as provided in paragraph A, 
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 may operate a 
snowmobile upon 
a 
controlled 
access 
highway 
or 
within 
the 
right-of-way 
limits 
of 
a 
controlled access highway in accordance with this paragraph. 
(1) 
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 . 
(2) 
The 
Commissioner 
of 
Transportation 
may 
issue 
special permits for designated crossings of controlled 
access highways. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
4. 
Unlawfully operating 
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 by the owner thereof, the 
owner 0 s agent or a municipal official, either personally or by 
appropriate notices posted conspicuously on that road. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
5. 
Qperating snowmobile on public way. 
Except as provided 
in subsection 4 and this SUbsection, a person may not operate a 
snowmobile upon 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 vehicles, 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. 
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 
or 
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. 
H. 
The following penalties apply to violations of this 
subsection. 
(l) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
6. 
Failing to stop snowmobile before entering public way. 
A person shall 
bring a 
snowmobile to a 
complete stop before 
entering a public way or a private way maintained for travel. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
7. 
Failing 
to 
yield 
right-of-way 
while 
operating 
snowmobile. 
A 
person 
shall 
yield 
the 
right-of-way 
to 
all 
vehicular traffic while operating a snowmobile on a public way or 
a private way maintained for travel. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
8. 
Crossing closed bridge. culvert, overpass or undexpass 
with snowmobile. 
This subsection applies to the crossing with a 
snowmobile of a bridge, culvert, overpass or underpass clvsed to 
snowmobiles by the Commissioner of Transportation. 
• 
.. 
.. 
A. 
A person may not cross with a 
snowmobile 
a 
bridge, 
culvert, overpass or underpass closed to snowmobiles by the 
Commissioner of Transportation. 
(1) 
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. 
(2) 
Any bridge, culvert, overpass or underpass closed 
by the Commissioner of Transportation must be posted by 
appropriate notices. 
B. 
The 
following penalties apply to violations of this 
subsection. 
9. 
operate a 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
Reckless 
o~eration of snowmobile. 
A person may not 
snowmobile in such a way as to recklessly create a 
substantial risk Qf 
serious bodily injury to another person. 
ViQlation of this subsection is a Class D crime. 
10. 
Operating snowmobile to endanger. 
A person may not 
operate a snowmobile so as to endanger any person or property by: 
A. 
Operating the 
snowmobile 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 
thSl,t 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 snowmobile 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. 
Operating snQ~bil~w4jle underage. 
A person under 14 
years of age may not operate a snowmobile across any public way 
maintained for travel. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
13. 
Permitting unaccompanied child to operate 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. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
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 paragraph Bi or 
(2) 
Modify a snowmobile in a manner that amplifies or 
otherwise increases total noise emission above that of 
the snowmobile as originally constructed, regardless of 
the date of manufacture. 
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 on 
the "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. 
C. 
The following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
15. 
Snowmobile 
headlight 
and 
taillight 
equipment 
requirements. 
Except as provided in section 13112, a person may 
not operate a snowmobile that is not equipped as provided in this 
subsection. 
A. 
A person 
may 
not 
operate 
a 
snowmobile 
unless 
the 
snowmobile has mounted: 
(1) 
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 
(2) 
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. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
16. 
Required use of snowmobi1e 1ights. 
Except as provided 
in section 13112, a person shall use lights as specified in this 
subsection. 
A. 
A person shall use snowmobile lights: 
(1) 
During the period from 1/2 hour after sunset to 
1/2 hour before sunrise: and 
(2) 
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. 
B. 
The 
following penalties apply to violations of this 
SUbsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
17. 
Un~~~fu1~9~_~ating snowmobi1e on rai1road tracks. 
The following provisions govern the operation of a snowmobile on 
railroad tracks or railroad rights-of-way. 
A. 
A person may not 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. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less thpn $100 
nor more than $500 may be adjudged. 
.. 
• 
• 
.. 
/I 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
B. 
A person may not operate a snowmobile 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. 
(1) 
A person who violates this paragraph commits 
a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
C. 
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. 
18. 
Operating snowmobile in cemetery. 
A person may not 
operate a 
snowmobile in any cemetery, burial place or burying 
ground. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
19. 
Qperating too close to certain buildings. 
A person may 
not operate a snowmobile within 200 feet of a dwelling, hospital, 
nursing home, convalescent home or church. 
A. 
This 
subsection 
does 
not 
apply 
when 
a 
person 
is 
operating a snowmobile: 
(l) 
On public ways in accordance with subsections 5, 
6, 
and 
or 
on 
controlled 
access 
highways 
in 
accordance with subsection 3, paragraph A; 
(2) 
On the frozen surface of any body of water; and 
(3) 
On land the operator owns or is permitted to use. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
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 
land; 
B. 
Leave open a gate or bar 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. 
21. 
Snowmobile owner; operation by another. 
A person is in 
violation of this subsection if that person is the owner of a 
snowmobile that is operated in violation of this chapter. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
22. 
Parent or guardian; operation by minor. 
A person is in 
violation of this subsection if that person is the parent or 
guardian responsible for the care of a minor under 18 years of 
age who is operating a snowmobile in violation of this chapter. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
• 
• 
of 
• 
• 
• 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
23. 
Failure to report accident. 
A person shall give notice 
a snowmobile accident in accordance with this subsection. 
A. 
A person shall give notice by the guickest means of 
communication to a law enforcement officer available nearest 
to the place where the accident occurred if that person is: 
(1) 
The 
operator 
of 
a 
snowmobile 
involved 
in 
an 
accident resulting in injuries reguiring the services 
of a physician or in the death of a person; 
(2) 
A person acting for the operator of a snowmobile 
described in subparagraph (1); 
or 
(3) 
The 
owner 
of 
a 
snowmobile 
described 
in 
subparagraph (1) having knowledge of the accident if 
the operator of the snowmobile is unknown. 
B. 
A person shall give notice within 
hours 
to the 
department on forms provided by the department if the person 
is: 
(1) 
The 
operator 
of 
a 
snowmobile 
involved 
in 
an 
accident that does not result in injuries reguiring the 
services of a physician or in the death of a person but 
that does involve property damage estimated to cost 
$1,000 or more; 
(2) 
A person acting for the operator of a snowmobile 
described in subparagraph (1); or 
(3) 
The 
owner 
of 
a 
snowmobile 
described 
in 
subparagraph (1) having knowledge of the accident if 
the operator of the snowmobile is unknown. 
C. 
The following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
24. 
Qperating snowmobile on open water. 
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 wi thin 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 from the submersion or removal. 
If the 
owner 
or 
operator 
of 
a 
snowmobile 
submerged 
or 
partially 
submerged as the result of a violation of this subsection fails 
to remove the snowmobile wi thin 24 hours of its 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. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
25. 
Headgear 
required. 
This 
subsection 
applies 
to 
snowmobile trails funded by the Snowmobile Trail Fund of the 
Department of Conservation, Bureau of Public Lands. 
A. 
A person operating a snowmobile on a snowmobile trail 
identified by the Department of Conservation, 
Bureau of 
Parks and Lands as having been funded by the Snowmobile 
Trail Fund pursuant to section 1893, subsection 3: 
(1) 
If the person is under 18 years of age, shall wear 
protective 
headgear 
that 
conforms 
to 
the 
standards 
established under Title 29-A, section 2083, subsection 
3; and 
(2) 
May not carry a passenger under 18 years of. age on 
the 
snowmobile 
unless 
the 
passenger 
is 
wearing 
protective 
headgear 
that 
conforms 
to 
the 
standards 
• 
• 
• 
• 
established under Title 29 A, section 2083, subsection 
h 
B. 
The Department of Conservation, 
Bureau of Parks 
and 
Lands 
shall develop 
an administratively simple 
means 
of 
identifying trails that have been funded by the Snowmobile 
Trail Fund so that snowmobile riders can readily determine 
to which trails this subsection applies. 
C. 
The 
following penalties apply to violations of this. 
.subsection. 
(1) 
A person who violates paragraph A commits a civil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
(2) 
A person who violates paragraph A after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 397. 12 MRSA §13107, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§13107. 
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, 
the use is necessitated by an emergency involving 
persons or property. 
or unless 
safety of 
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1. 
Violation. 
A person who violates this section commits a 
civil violation for which a fine of not less than $100 nor more 
than $500 may be adjudged . 
2. 
Repeat violations. 
A person who violates this section 
after having been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 
year period 
commits a Class E crime. 
Sec. 398. 12 MRSA §13109, sub-§S, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
5. 
Display of dealer's number. 
gealeFs A dealer shall 
display ~aeiF that 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. 
A. 
A dealer who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A dealer who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
C. 
Each day a dealer violates this subsection is a separate 
offense. 
Sec. 399. 12 MRSA §13109, sub-§6, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 400. 12 MRSA §13111. sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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 
agent and is issued a 
from the commissioner; 
department 
snowmobile 
as 
a 
rental 
snowmobile rental 
agent certificate 
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. 
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Sec. 401. 12 MRSA §13111, sub-§4 is enacted to read: 
4. 
Prohibition; penalty. 
A person may not rent or lease a 
snowmobile in violation of this section. 
• 
• 
• 
A. 
A person who 
violates this section commits 
a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 402. 12 MRSA §13112, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§13112. Racing meets 
Notwithstanding 
section 
±Q~Q6 
10650 
and 
section 
±~±Q~ 
13106-A, subsections 14, 
and 16, 
snowmobiles operated at a 
prearranged racing meet whose sponsor has obtained a permi t 
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 practices at the location of the meet. 
Sec. 403. 12 MRSA §13152, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
2. 
Training. 
A person over 9 years of age and under 16 
years 
of 
age 
must 
successfully 
complete 
a 
training 
program 
approved by the department prior to operating an ATV except on: 
A. 
Land on which that person is domiciledi 
B. 
Land 
owned 
or 
leased 
by 
that 
person's 
parent 
or 
guardian; or 
C. Land where permission for the use has been granted to the 
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. 
Sec. 404. 12 MRSA §13153, as enacted by PL 2003, c. 414, Pt. 
A, 
§2 and affected by Pt. D, §7, is repealed and the following 
enacted in its place: 
S13153. 
Rule violations; ATVs 
The 
following 
penalties 
apply 
to 
violations 
of 
rules 
regulating ATVs. 
1. 
Civil. 
Notwithstanding section 10650, 
a 
person 
who 
violates a rule regulating ATVs 
commits a civil violation for 
which a fine of not less than $100 nor more than $500 may be 
adjudged. 
2. Criminal. 
A person who violates a rule regulating ATVs 
after having been adjudicated as haying committed 3 or more civil 
violations under this Part within the previous 5-year period 
commits a Class E crime. 
Sec. 405. 12 MRSA §13154, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 406. 12 MRSA §13154.A is enacted to read: 
§13154-A. 
Age restrictions 
1. 
Minimum age. 
Except as proyided in subsection 5, 
a 
person under 10 years of age may not operate an ATV. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
2. 
Penni tting child under 10 years to operate ATV. 
Except 
as provided in subsection 6, 
a person may not permit a child 
under 10 years of age to operate an ATV. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
3. 
Unlawfully operating ATV by person 10 to under 16 years 
of age. 
Except as provided in subsection 6, a person 10 years of 
age or older but under 16 years of age 
may not operate an ATV 
unless that person has successfully completed a training course 
, 
• 
, 
• 
, 
approved by the department pursuant to section 13152 
and is 
accompanied by an adult. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a-
Class E crime. 
4. 
Person under 16 years of age crossing public way. 
A 
person 
under 
years 
of 
age 
may 
not 
cross 
a 
public 
way 
maintained for travel unless the crossing is 
in accordance with 
section 
13157 A, 
subsection 
6, 
paragraph 
A 
and 
the 
person 
satisfies the requirements of subsection 3. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
5. 
Permitting an unaccompanied person under 16 years of age 
to operate an ATV. 
Except as provided in subsection 6, a person 
may not permit an unaccompanied person 10 years of age or older 
but under 16 years of age to operate an ATV. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
6. 
Exceptions for certain property. 
This section does not 
apply to the operation of an ATV on: 
A. The land on which the operator is domiciled; or 
B. 
Land 
owned 
or 
leased 
by 
the 
operator's 
parent 
or 
guardian; or 
C. 
Land where permission for use has been granted to the 
operator's parent or guardian. 
Sec. 407. 12 MRSA §13155, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec.408. 12 MRSA §13155, sub-§I-A is enacted to read: 
I-A. 
Qperating unregistered ATV. 
Except as provided in 
paragraph 
A, 
a 
person 
may 
not operate 
an 
ATV 
that is 
not 
registered in accordance with subsection 3. 
A. 
The following exceptions apply. 
(1) 
Registration is not required 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. 
(2) 
Registration is not required for an ATV operated 
by a 
commercial ski area for the purpose of packing 
snow or for rescue operations on the commercial ski 
area, unless the ATV is required to cross a public way 
during that operation. 
(3) 
An 
ATV 
owned and operated in the State by the 
Federal 
Government, 
the 
State 
or 
a 
political 
subdivision of the State is exempt from registration 
fees but must be registered and is required to display 
registration numbers. 
(4) 
An ATV registration for the farm use specified in 
Title 29-A, section SOL subsection 8, paragraph E is 
not 
required 
for 
a 
vehicle 
registered 
with 
the 
Secretary of 
State 
under 
Title 
29-A, 
section 
501, 
subsection 8. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part wi thin the previous 5-year 
period commits a Class E crime. 
• 
• 
Sec. 409. 12 MRSA §13155, sub-§2, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 410. 12 MRSA §13155, sub-§5-A is enacted to read: 
5-A. 
Temporary fee. 
Notwithstanding any other provision of 
this section, and in addition to any other special assessments 
that may be imposed, an additional, temporary $3 fee is imposed 
on all ATV registrations for the registration periods beginning 
July 
L 
2003 
and July 
L 
2004. 
The 
temporary fee must 
be 
collected at the time a registration is issued and credited in 
full to the ATV Recreational Management Fund of the Department of 
Conservation, established under section 7854, subsection 4. 
This subsection is repealed June 30, 2005. 
Sec. 411. 12 MRSA §13155, sub-§8, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 412. 12 MRSA §13155, sub-§§8-A and 8-B are enacted to 
read: 
8-A. 
Registration inspection. 
An owner or operator of an 
ATV shall present a registration certificate for inspection by 
any law enforcement officer on demand. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
8-B. 
Rotification 
of 
destroyed, 
abandoned, 
stolen 
or 
permanently 
removed 
ATV. 
The 
registrant 
shall 
notify 
the 
commissioner 
if 
an 
ATV 
is 
destroyed, 
abandoned, 
stolen 
or 
permanently removed from the State. 
Sec. 413. 12 MRSA §13155, sub-§9, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
9. 
Display of registration numbers. 
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. 
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A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 414. 12 MRSA §13156. as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§13156. ATV registration agents 
1. 
Appointment 
of 
ATV 
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 by rule the period when the agents must act. 
Rules 
adopted pursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
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 
~Ri6 
6ee~ieB subsection 1. 
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 
owed at the rate of 18°" a 
delinquent. 
charge interest on the amount 
year for each day the agent is 
B. 
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. 
C. 
If an agent is delinquent for more than 150 days or is 
delinquent 3 or more times in one year, the commissioner 
shall: 
(1 ) 
and 
Terminate the agency for the balance of the year; 
• 
• 
(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 13002 to 13005. 
This service 
fee is retained by the agent. 
Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 415. 12 MRSA §13157, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec.416. 12 MRSA §13157·A is enacted to read: 
§13157-A. 
Operation of ATVs 
1. 
No permission given. This chapter does not give license 
or permission to cross or go on the property of another. 
2. 
Stop and identify requirement. 
Persons operating ATVs 
upon the land of another shall stop and identify themselves upon 
the request of the landowner or the landowner 0 s duly authorized 
representative. 
A person who violates this subsection commits a 
Class E crime. 
3. 
Operating 
ATV 
upon controlled access 
highway. 
The 
following provisions govern the operation of ATVs on controlled 
access highways. 
A. 
A person may not operate an ATV upon a controlled access 
highway or within the right-of-way limits of a controlled 
access highway, except that: 
(1) 
A 
p~erly 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 
(2) 
The 
Commissioner 
of 
Transportation 
may 
issue 
special permits for designated crossings of controlled 
access highways. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
4. 
Unlawfully operating ATV on snowmobile trail. 
Operating 
an ATV on a snowmobile trail financed in whole or in part with 
funds from the Snowmobile Trail Fund is governed by section 13107. 
5. 
Unlawfully operating 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. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
6. 
Qperating ATV on public way. 
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 traveled 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 any 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 having jurisdiction and when 
travel by conventional motor vehicles is not practicable. 
F. 
An ATV may be operated on streets and public ways ln 
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 appropriate governmental 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 
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. 
I. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
7. 
Failing to stop ATV 
before entering public way. 
A 
person shall bring an ATV to a complete stop before entering a 
public way. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
8. 
Failing to yield right-of-way while operating ATV. 
A 
person 
shall yield 
the 
right-of-way 
to all other 
types 
of 
vehicular traffic while operating an ATV on a public way. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
9. 
Crossing closed bridge, culvert, overpass or underpass 
with ATV. 
A person may not cross with an ATV a bridge, culvert, 
overpass or underpass 
closed to 
ATVs 
by the Commissioner of 
Transportation pursuant to this subsection. 
The Commissioner of 
Transportation may, 
following 
a 
public hearing, 
prohibit the 
crossing by an ATV of an individual bridge, culvert, overpass or 
underpass if the commissioner determines that that crossing or 
use of a public way is hazardous. 
Any bridge, culvert, overpass 
or 
underpass 
closed 
by 
the 
commissioner 
must 
be 
posted 
by 
appropriate notices. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
-
• 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
10. 
Reckless operating 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. 
Operating ATV to endanger. 
A person may not operate an 
ATV so as to endanger any person or property. 
A person who violates this subsection commits a Class E crime. 
12. 
Operating ATV at greater than reasonable and prudent 
speed. 
A person may not operate an ATV except at a reasonable 
and prudent speed for the existing conditions. 
A person who violates this subsection commits a Class E crime. 
13. 
Operating 
ATV 
without 
protective 
headgear. 
Notwithstanding Title 29-A, section 2083, a person under 18 years 
of age may not operate an ATV without protective headgear. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
14. 
Carrying 
passenger 
on 
ATV 
without 
headgear. 
Notwithstanding Title 29-A, section 2083, a person may not carry 
a passenger under 18 years of age on an ATV unless the passenger 
is wearing protective headgear. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
15. 
ATV noise and fire contro1 devices. 
The 
following 
provisions pertain to ATV muffling and fire control devices and 
noise level limits. 
A. Except as provided in section 13159, a person may not: 
(1) 
Operate an ATV that is not equipped at all 
time~ 
with an effective and suitable muffling device on its 
engine to effectively deaden or muffle the noise of the 
exhaust; 
(2) 
Modify the exhaust system of an ATV in any manner 
that 
will 
increase 
the 
noise 
emitted 
above 
the 
following emission standard: 
(a) 
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-192j or 
(3) Operate an ATV without a working spark arrester. 
B. 
The following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
(3) 
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. 
ATV 
headHght 
and 
taillight 
requirements. 
This 
subsection 
establishes 
light 
equipment 
requirements 
for 
the 
operation of an ATV. 
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 with front and rear lights 
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 ATV. 
(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 
L 
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. 
C. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
17. 
Required use of ATV lights. 
Except as provided in 
section 13159. the following provisions govern the use of ATV 
lights. 
A. 
A person shall use the lights required under subsection 
as follows: 
(1) 
During the period from 112 hour after sunset to 
1/2 hour before sunrise; and 
(2) 
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. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(I) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
18. 
Unlawfully operating ATV 
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 At 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. 
C. 
The 
following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
". 
19. 
OJ?erating 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. 
A. 
This 
subsection 
does 
not 
apply 
when 
a 
person 
is 
operating an ATV on: 
(1) 
Public ways in accordance with subsections 3, 6, 
7, 8 and 9; 
(2) 
The frozen surface of any body of water; or 
(3) 
Land that the operator owns or is permitted to use. 
B. 
The 
following penalties apply to violations of this 
subsection. 
(I) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $lQO 
nor more than $500 may be adjudged. 
(2) A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
20. 
Failure to report accident. 
A person shall give notice 
of an ATV accident in accordance with this subsection. 
A. 
A person shall give notice by the quickest means of 
communication to a law enforcement officer available nearest 
to the place where the accident occurred if that person is: 
(1) 
The operator of an ATV involved in an accident 
resulting 
in injuries 
requiring 
the 
services 
of 
a 
physician or in the death of a person; 
(2) 
A person acting for such an operator; or 
(3) 
The owner of the involved ATV having knowledge of 
the accident if the operator of the ATV is unknown. 
B. 
A person shall give notice within 
hours 
to the 
department on forms provided by the department if the person 
is: 
(1) 
The operator of an ATV involved in an accident 
that does not result in injuries requiring the services 
of a physician or in the death of a person but that 
does involve property damage estimated to cost $1,000 
or more: 
(2) 
A person acting for such an operator; or 
(3) 
The owner of the involved ATV having knowledge of 
the accident if the operator of the ATV is unknown. 
C. 
The 
following penalties apply to violations of this 
subsection. 
21. 
provisions 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
Qperating 
ATV 
in 
prohibited 
area. 
The 
following 
establish areas where the operation of 
an 
ATV 
is 
prohibited. 
A. 
A person may not operate an ATV: 
(1) 
On 
a salt marsh, 
intertidal zone, 
marine sand 
beach, 
sand 
dune 
or 
any 
cemetery, 
burial place or 
burying ground; or 
(2) 
On alpine tundra or on a freshwater marsh or bog, 
other than on a trail designated for ATV use by the 
Department of Conservation, 
when the ground is not 
frozen and sufficiently covered with snow to prevent 
direct damage to the vegetation. 
B. 
The following penalties apply to violations of this 
subsection. 
(1) 
A person who violates this subsection commits a 
civil violation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) 
A person who violates this subsection after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
22. 
Abuse of another person's prQperty. 
A person may not 
while operating an ATV: 
" 
A. 
Tear down or destroy a fence or wall on another person'~ 
.l.grull 
B. 
Leave 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. 
Operating ATV on crop1and or pasture1and. 
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. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 417. 12 MRSA §13158, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 418. 12 MRSA §13158.A is enacted to read: 
§13158-A. 
Un1awfu11y permitting operation: 1iability 
for damage by other persons 
1. 
ATV 
owner: 
operation by 
another. 
A person is 
~n 
violation of this subsection if that person is the owner of an 
ATV that is operated in violation of this chapter. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
2. 
Parent or guardian~ operation by minor. 
violation of this subsection if that person 
A person is in 
is 
a 
parent or 
guardian responsible for the care of a minor under 18 years of 
age who is operating an ATV in violation of this chapter. 
A. 
A person who violates this subsection commits a civil 
violation for which. a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
3. 
Furnishing ATV. 
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. 
Sec. 419. 12 MRSA §13159, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§13159. Racing meets 
Notwithstanding section 13155 
and section ±6±s9 
13157-A, 
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. 
Sec. 420. 12 MRSA §13160, sub-§5, as enacted by PL 2003, c. 
414, Pt. A, 
§2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
5. 
Display of dealer's 
number 
plate. 
A dealer 
shall 
display the dealer's number on each ATV being used until the sale 
of the ATV, 
whereupon it becomes the owner's responsibility to 
register the ATV. 
A. 
A person who violates this sUbsection commits a civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
• 
" 
C. 
Each day a person violates this subsection is a separate 
offense. 
Sec. 421. 12 MRSA §13160, sub-§7, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec. 422. 12 MRSA §13161, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is amended to read: 
§13l6l. Sale of ATV; light equipment 
1. 
Headlight and taillight required. 
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. 
Penalty. 
A-~~~~-~~91a~es The following penalties 
apply to violations of this section e9mm~~s-a-eiYil-yiela~ieH-Ee~ 
wRieR-~-~~~~~~~-&~-He~-~€~£-~~~~-He~-~€-~~~~-may 
ae-aajHa~ea. 
A. 
A person who 
violates this section commits 
a 
civil 
violation for which a fine of not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after having been 
adjudicated as having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 423. 12 MRSA §13201, first~, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
A municipality or political subdivision of the State may not 
enact any ordinance, law or rule regulating the hunting, trapping 
or fishing for any species of fish or wildlife; the operation, 
registration or numbering of all-terrain vehicles, watercraft or 
snowmobiles or any other subject matter relating to all-terrain 
vehicles, watercraft or snowmobiles regulated under chapter 935 
or 937 or under any other provisions of this Part, except that a 
municipality may regulate the operation of all terrain vehicles 
on municipal property and on rights-of-way and easements held by 
that municipality. 
For 
provided in subsection 3, 
regulation of ice fishing 
eeBs~~aea-~e prohibit: 
purposes 
of 
this section, 
except as 
the regulation of fishing includes the 
shacks. 
This section ffiay does not Be 
• 
Summary for L.D. 1920 
March 10, 2004 
12lst MAINE LEGISLATURE 
Legislative Document 
No. 1920 
H.P.1421 
House of Representatives, March 9, 2004 
An Act To Revise the Fish and Wildlife Laws To Complement the 
Recodification of Those Laws 
Reported by Representative DUNLAP of Old Town for the Joint Standing Committee of 
Inland Fisheries and Wildlife pursuant to Public Law 2003, chapter 414, Part D, section 5 and 
Resolve 2003, chapter 101, section 3. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered printed 
under Joint Rule 218. 
SUMMARY 
77/~ 
frl.1l/d£~ 
MILLICENT M. MacFARLAND 
Clerk 
This bill complements the Recodification of the laws relating to fisheries and wildlife 
accomplished in the First Regular Session of the 121st Legislature. The bill makes various 
changes to ensure consistency in those laws, removes substantive ambiguities, brings penalty 
provisions into compliance with current drafting standards and otherwise increases the clarity 
of those laws. 
Please file this sheet in place of the full 236-page bill. If you have the complete text, please 
file this sheet as the last page. 
Because of the size and the expense of printing this bill, only a limited number of copies 
have been printed. There are a few copies available in the Document Room, First Floor, State 
House, Augusta, Maine 04333-0002 - Ph: 207-287-1408, and the text of the bill is available on the 
Legislature's web site http://www.mainelegislature.org/legis/bills. 
Printed on recycled paper