An Act To Revise the Fish and Wildlife Laws To Complement the Recodification of Those Laws Amend the amendment by striking out the first paragraph after the title (page 1, line 23 in amendment) and inserting in its place the following: • Amend the bill by striking out the enacting clause and inserting in its place the following: · Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and Whereas, certain prov~s~ons of this Act need to take effect prior to 90 days after adjournment to further protect Maine' s inland waters from invasive species; and Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Maine Legislature, Session 121, LD 1920
Committee Amendment CA_A-HA_A_H915 (House)
Amends: 12 MRSA §7794-C, 12 MRSA §10502, 12 MRSA §10902, 12 MRSA §11109, 12 MRSA §11208, 12 MRSA §11209, 12 MRSA §11351, 12 MRSA §11751, 12 MRSA §11801, 12 MRSA §12303-A, 12 MRSA §12403, 12 MRSA §12404, 12 MRSA §12503, 12 MRSA §12553, 12 MRSA §13058

HOUSE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1421, L.D. 1920, Bill, "An Act To Revise the Fish and Wildlife 
Laws To Complement the Recodification of Those Laws" 
Amend 
the amendment by striking out the first paragraph 
after the title (page 1, line 23 in amendment) and inserting in 
its place the following: 
• Amend the bill by striking out the enacting clause and 
inserting in its place the following: 
· Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, certain prov~s~ons of this Act need to take effect 
prior to 90 days after adjournment to further protect Maine' s 
inland waters from invasive species; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 12 MRSA §7794-C, as enacted by PL 2001, c. 434, 
Pt. A, §3, is amended to read: 
Page l-LR2679(5) 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT "A'" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
L.D. 1920 
§7794-C. Lake and river protection sticker required 
1421, 
Beginning January 1, 2002, a person may not operate or place 
a motorboat or personal watercraft on the inland waters of the 
State unless a valid lake and river protection sticker issued 
annually under section 7794-B is affixed to both sides of the bow 
above 
the water line and approximately 
inches behind the 
validation sticker required under section 7794. 
Sec. A·2. Effective date. 
This Part takes effect when approved. 
PARTB' 
Further amend the bill by striking out all of section 58 and 
inserting in its place the following: 
'Sec. 58. 12 MRSA §10502, sub-§2, as amended by PL 2003, c. 
592, §1, is further amended to read: 
2. 
Exemption 
from 
libel 
proceedinqs. 
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. 
A firearm seized in connection with a violation of: 
(1) 
Section 11206; 
(2) 
Section 10902, subsection 6; or 
(3) 
Section 
10752, 
subsection 
6, 
paragraph Band 
section 10902, subsection 4, paragraphs A and B; 
C. 
Fishing equipment that is seized in connection with a 
violation of section 10902, subsection 8 except for motor 
boats or motor vehicles; 
D. 
Fish or wildlife that is seized in connection with a 
violation of this Part; and 
E. 
Night 
V1S1on 
equipment seized in connection with 
a 
violation of section 11206. 
Property seized by the 
under 
this 
subsection 
HOUSE 
commissioner that 
must 
be 
retained 
is exempt from libel 
by 
the 
commissioner 
AMENDMENT 
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HOUSE AMENDMENT ,A" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
L.D. 1920 
1421, 
pending disposition of proceedings and is forfeited to the State 
upon conviction or adjudication that the person committed {she 
.Q 
violation under this subsection.' 
Further amend the bill by striking out all of sections 59 
and 69. 
Further amend the bill by striking out all of section 101 
and inserting in its place the following: 
'Sec. 101. 12 MRSA §10902, sub-§6, 1J1JC, G and H, 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 se.ction 1;1,699 11206-A; 
G. 
Buying or selling moose, 
unlawfully hunting moose or 
unlawfully possessing moose, in violation of section 11154, 
11217, 11601, 11652, *6696 1,302-A, *6694 1,304-A, 12305 or 
12403; or 
H. 
Buying or selling wild turkeys, unlawfully hunting wild 
turkeys, 
unlawfully 
possessing 
wild 
turkeys 
or 
using 
unlawful methods 
to hunt wild turkeys, 
in violation of 
section 11217, subsection 1; section 1175* 11751-A; section 
11801; or section 12306, subsection I.' 
Further amend the bill by inserting after section 116 the 
following: 
'Sec. 117. 12 MRSA §11109, sub-§3, 1JD, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
D. 
A resident combination hunting and fishing license is 
$69 li.Q..' 
Further amend the bill by striking out all of sections 131, 
138, 141 and 142. 
Further amend the bill by striking out all of section 144 
and inserting in its place the following: 
'Sec. 144. 12 MRSA §11208, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is 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: 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT ,A" to COMMITTEE 
AMENDMENT 
"A" to H. P . 
L.D. 1920 
1421, 
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--p&~~-~-¥ieJa~es--~his-~~-~~~s--a 
Glass-i:-el'ifRe ... 
2. 
Penalty. 
A person who violates subsection 1 commits a 
Class E crime. 
Sec. 145. 12 MRSA §11209, as amended by PL 2003, c. 527, §l, 
is further amended to read: 
§11209. 
Discharge of fireanm 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 or a farm building used for sheltering livestock, 
machines or harvested crops 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-pel'seR-whe-vielates-this-s~BseetieR-eefRfRits-a-Glass-E-el'ifRe ... 
2. 
Penalty. 
A person who violates subsection 1 commits a 
Class E crime.' 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT ";t,, to COMMITTEE 
AMENDMENT "A" to H.P. 
L.D. 1920 
1421, 
Further amend the bill by striking out all of section 166 
and inserting in its place the following: 
'Sec. 166. 12 MRSA §11351, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
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-~-whe--vi-elat;es 
t;h~s-s~Bsee~4e~-€emm4~s-~~~~~-~~~~~~-~~-&h&-eeQFt;-shall 
4m~ese-~-~~~~&&FBa&~V&-4Rvelv4R~-~-~~~~~-4m~~4seRmeRt; 
Re~-~e-eH€eea-~~~~~~-~~~~~~~~~-~~-fi-B&-ef-Ret; 
less-t;haR-$lT99gT-ReRe-ef-wh4eh-maY-Be-s~s~eRaeaT 
Sec. 167. 12 MRSA §11351, sub-§2, as amended by PL 2003, c. 
552, §4, is further amended to read: 
2. 
Exceeding bag limit on bears. 
A person may not possess 
more than one bear in any calendar year, except a person may keep 
more than one legally obtained bear in that person's home or as 
otherwise provided in law. 
A-pe~se~-~~~lat~-~~&-&QBSeet;4eR 
eemm4t;s-~-~~-P--eF4me--~~-~~~-~he--e&QF&-~~~-4~~-a 
seRt;eRe4R~-~~~~~~-4Rvelv4R~-~-t;eFm-~--4m~F4seRmeRt;-~--t;e 
eHeeea-~~~-~r-&G&-ee~Ft;-~~~~~~~-~~-a-~4~~~-~&-less 
t;haR-$lT99gT-ReRe-ef-wh4eh-may-ge-s~s~eRaeaT 
Sec. 168. 12 MRSA §11351, sub-§3 is enacted to read: 
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.' 
Further amend the bill by striking out all of sections 175 
and 181. 
Further amend the bill by striking out all of section 183 
and inserting in its place the following: 
'Sec. 183. 12 MRS A §11701, as amended by PL 2003, c. 552, §9, 
is further amended by inserting at the end a new paragraph to 
read: 
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.' 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "1\,, to COMMITTEE 
AMENDMENT "A" to H. P. 
L.D. 1920 
1421, 
Further amend the bill by striking out all of sections 184 
and 185 and inserting in their place the following: 
'Sec. 184. 12 MRSA §11751, as enacted by PL 2003, c. 414, Pt. 
A, §2 and affected by Pt. D, §7, is repealed.' 
Further amend the bill by striking out all of section 188 
and inserting in its place the following: 
'Sec. 188. 12 MRSA §11801, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Unlawful hunting of wild turkey. 
A person may not hunt 
wild 
turkeysT--~--4~--aee9~QaRe9--~~~--~4~--11199T 
s~9seeti9R6-~-~~r-see~i9Rs in violation of rules adopted under 
section 11701T-~~~~-~-~b~~r-see~i9R-~~~~47-~-~-~r-aRQ 
see~i9R-16~99. ' 
Further amend the bill by striking out all of section 235 
and inserting in its place the following: 
'Sec. 235. 12 MRSA §12303-A is enacted to read: 
§123Q3-A. 
Time limits for registering bear. deer. moose or wild 
turkey 
1. 
Time limits. 
Except as provided in subsection I-A, 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. 
A. 
Exceptions. 
The following are exceptions to the time 
limitation for registering harvested wild animals established in 
subsection 1: 
A. 
A person may keep a harvested animal in an official 
registration station for that animal or at the office of a 
game warden for more than 18 hours: 
B. 
A person may leave an unregistered animal harvested by 
that person in the woods 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; and 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
L.D. 1920 
1421, 
C. 
A person on a hunting trip in an unorganized township 
and staying at a t.emporary place of lodging may keep an 
unregistered harvested animal at the temporary place of 
lodging for no more than 7 days or until that person leaves 
the woods, whichever comes first. 
2. 
Penalty. 
A person who violates this section commits a 
Class E crime.' 
Further 
amend 
designated 
"SI23S1." 
following: 
the 
bill 
in 
section 
by 
inserting 
after 
in 
that 
subsection 
part 
the 
'I A. 
Transportation prior 
to 
registration. 
Prior 
to 
registration, a person may not transport a harvested bear, deer, 
moose or wild turkey unless that animal is open to view. 
For 
purposes of this section, "open to view" means the animal is not 
concealed and can bg rgadily obserygd in wholg or in part from 
outside of the vghiclg or trailgr being used to transport the 
animal. ' 
Further 
amend 
the 
bill 
in 
section 
in 
that 
part 
designated "SI23S1." in subsection 2 in paragraph A in the first 
line 
(page 
96, 
line 
in 
L.D.) 
by 
inserting after 
the 
following: 
"subsection 1" the following: 
'or I-A' 
Further 
amend 
the 
bill 
in 
section 
in 
that 
part 
designated "S1,2351." in subsection 2 in paragraph B in the first 
line 
(page 
96, 
line 
in 
L.n.) 
by 
inserting after 
the 
following: 
"subsection 1" the following: 
'or I-A' 
Further amend the bill by striking out all of sections 245 
and 246 and inserting in their place the following: 
'Sec. 245. 12 MRSA §12403, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
1. 
Claims. The State may--not--pay is not liable for any 
claims for damages to a motor vehicle by a wild animal or wild 
bird. 
Sec. 246. 12 MRSA §12403, sub-§3, as amended by PL 2003, c. 
552, §13, is further amended to read: 
3. 
Penalties. 
The 
following penalties 
apply 
aBae~ tQ 
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 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT .A'" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
L.D. 1920 
1421, 
carcass in violation of subsection 2, paragraph C commits a 
civil violation for which a 
~9F~ei~QFe fine of not less than 
$100 nor more than $500 may be adjudged. 
A-I. 
A person who fails to report an accident in accordance 
with 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. 
Sec. 247. 12 MRSA §12404, 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. 
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*iB~-9F-k411iR~ 
9~ control of nuisance deer 
~9QREl--do-i-nq--ElaFIIa~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 repel1ants 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. 
Sec. 248. 12 MRSA §12404, sub-§6, as amended by PL 2003, c. 
552, §14, is further amended to read: 
6. 
Dogs. This subse~tion applies to nuisance dogs. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT 
L.D. 1920 
to COMMITTEE 
AMENDMENT 
"A" to H.P. 1421, 
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~ibeQT 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~4eeQT ~ deer 
eF-e~k or any 
other wild animal in closed season may present that evidence 
to the commissioner or any game warden. 
(1) 
The commissioner or game warden shall give notice 
in writing to the owner or keeper of the dog, stating 
the acts committed by the dog. 
(2) 
After the owner or keeper of the dog has received 
written notice that the dog has 
committed 
any act 
prohibited by paragraphs E--aBQ E-l, 
E-2, 
F and G, 
anyone may kill the dog when it is found committing any 
of those prohibited acts. 
ET--~~~-~-pFeviaeQ-4n-~~~-~r-~Ae-~-~~-keepe~ 
e~-a-4e~-~~~~~~~~~~~~~-~~~iGh-a-~e~~eitQFe-e~ 
Bet-~ess-taaB-$lgg-Be~-me~e-~aaB-$iQQ-may-ge-aQ;QQ~eQ-i'. 
fl}--.!I'h-a-t-~-'-s-~~-1Eeepe~.!.s-hl~4-~--l'-&t-p.i-e-vj,.~-Qe~ 
e~-~-~-is--~-~~~~~~-eE-~~-~-meeseT 
ea~ibeQT-~--e~-~~-eQEiB~-~-peEiee-~-waieh-~--is 
~aw{Ql-£e--t~-a4n-~-~~~~-~~-ia-&eet-ieB-l~g91T 
sQbseetieB--lr-~j,.~-~~-~-~~--a-t--a--l4eeBsee--ee~ 
t-EaiBiB~~~r~-~--at--~-l4eeB6ee--t-p..i-al-~~--Eet~ieviB~ 
ee~sf-eF 
f6}---~hat--~aep.-~~-~--~-£e€£--Be£ifiee--QBeeF 
paFa~Faph-~--aBQ-~~-~WaeF-~--~~-~e~m4£6-~-ae~ 
meBtieBea--iB---th€--~~~-~~--~--t-&&--eWBeF~&--eF 
keepeF.!.s-immeaiate-eeBtFelT 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT "A-:, to COMMITTEE 
A.MENDMENT 
"A." to H. P. 
L.D. 1920 
1421, 
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 dog 
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 yiolation 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 haying committed 3 or more civil 
yiolations under this Part within the previous 5-year 
period commits a Class E crime. 
E-2. Except as proyided 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 permi ts any dog mentioned in the notice to 
leaye the owner's or keeper's immediate control. 
(1) 
A person who violates this paragraph commits a 
civil yiolation for which a fine of not less than $100 
nor more than $500 may be adjudged. 
(2) A person who violates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violations under this Part within the previous 5-year 
period commits a Class E crime. 
F. 
The owner or keeper of a dog e9Mffi~~S-~~~~~-v~9~a~~9n 
f9~-~~~~-~~~i~~~-9~-~-~-~Aan-$~QQ-~-~~-~Aan 
$~TQQQT-~~~-wA~eh-may-~-s~sp9naeaT-may-~-aat~a~ea ~ 
in yiolation 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) 
Ghasin~-~-~~~~-m99seT-ea~~~-~-~~-e~k 
a~-a~y-~~~--aay-9~he~-w4~a-~~--~-G~&&G-seas9nt 
9~ A person who violates this paragraph commits a ciyil 
violation for which a fine of not less than $100 nor 
more than $500 may be adjudged. 
(2) 
K~~~~n~-e£-~~-a-m99seT-e~~~,-~-~~-e~k 
a~-any-~ime-~-~-~~-~~~~~~-ia-e19&ea-Seas9n A 
person who violates this paragraph after having been 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT A" to COMMITTEE 
AMENDMENT 
"A" to H. P. 
L.D. 1920 
adjudicated 
as 
having 
committed 
or 
more 
violations under this Part within the previous 
period commits a Class E crime. 
1421, 
civil 
5-year 
G. 
The owner or keeper of a dog is in violation of this 
paragraph if that owner I s or keeper I s dog is found killing 
or wounding a moose, deer or wild turkey at any time or any 
gther wild animal in closed seasgn. 
(1) 
A persgn who viglates this paragraph commits a 
civil vio1atign for which a fine of not less than $100 
ngr mgre than $500 may be adjudged. 
(2) 
A person who viglates this paragraph after having 
been adjudicated as having committed 3 or more civil 
violatigns under this Part within the previgus 5-year 
p~rigd commits a Class E crime. I 
Further amend the bill in section 252 by striking out all of 
the amending clause (page 103, 
lines 28 
to 
in L.D.) 
and 
inserting in its place the following: 
'Sec. 252. 12 MRSA §12503, sub-§§2, 4, 5 and 6, as enacted by PL 
2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to 
read: I 
Further amend the bill in section 252 by striking out all of 
subsection 3 (page 103, lines 45 to 50 and page 104, lines 1 to 3 
in L.D.) 
Further amend the bill by striking out all of section 265 
and inserting in its place the following: 
'Sec. 265. 12 MRSA §12553, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed. 
Sec.266. 12 MRSA §12553, sub-§I-A is enacted to read: 
I-A. 
Unlawfully selling, 
using or possessing baitfish. 
Except as provided in this subsection and for baitfish as defined 
in sectign 10001, subsectign 6, a person may ngt: 
A. Sell or gffer for sale fish as bait fgr the purpgse of 
fiShing; gr 
B. Use gr possess fish as bait for the purpose of fishing. 
Ngthing 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 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ,It" to COMMITTEE 
AMENDMENT 
"A" to H. P . 
L.D. 1920 
1421, 
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. 
Sec. 267. 12 MRSA §12553, sub-§3, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: 
3. 
Failure to label baitfish traps, drop nets or baitfish 
holding boxes. A person may not set or place within the inland 
waters of the State any baitfish trap, drop net or baitfish 
holding 
box 
without having 
the baitfish trap, 
drop 
net 
or 
baitfish holding box plainly labeled with that person's full name 
and address. 
A-~~~-vi9±a~es-~£J~-~~-e9ffiffii~s-~~~~~-vi9±a~i9a 
f9~-w£J~h-~-~~~~~~~-9f-£~-~~-~&-$199-£~-~~-~ha&-$agg 
may-ge-aa}~a~ea~ 
A. 
A person who violates this subsection commits a civil 
viOlation fQr which a 
fine Qf nQt less than $100 nor mQre 
than $500 may be adjudged. 
B. A persQn who violates this subsectiQn after having been 
adjudicated as having cQmmitted 3 Qr more civil violations 
under this Part within the previQus 5-year period cQmmits a 
Class E crime.' 
Further amend the bill by striking out all of section 356. 
Further amend the bill by striking out all of section 364 
and inserting in its place the following: 
'Sec. 364. 12 MRSA §13058, sub-§I, as amended by PL 2003, c. 
614, §7, is further 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 valid lake and river protection sticker issued 
annually under subsection 3 is affixed to both sides of the bow 
above 
the water line and 
approximately 
inches behind the 
validation sticker required under section 13056.' , 
Further amend the amendment in section 424 in the first line 
(page 1, line 25 in amendment) by striking out the following: 
"Act" and inserting in its place the following: 
. Part' 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT "/f" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
1421, 
L.D. 1920 
Further amend the amendment by inserting after section 424 
the following: 
'PARTC 
Sec. C-I. PL 2003, c. 527, §2 is enacted to read: 
Sec. 2. Effective date. 
This Act takes effect AUgust 31, 2004. 
Sec. C-2. PL 2003, c. 552, §15 is enacted to read: 
Sec. IS. Effective date. 
This Act takes effect AUgUst 31, 2004. 
Sec. C-3. PL 2003, c. 573, §8 is amended to read: 
Sec. 8. Effective date. 
Those sections of this Act that amend 
the Maine Revised Statutes, Title 12, sections 12801 and 12803 
take effect 9Q-Qa~~-~~~--~-ae;eQ~BmeRt-~-~~~aG-Re~Q*a~ 
Sessi9R-9f-tae-lalst-be~is*atQ~e AUgust 31, 2004. 
Sec. C-4. PL 2003, c. 587, §2 is enacted to read: 
Sec. 2. Effective date. 
This Act takes effect August 31, 2004. 
Sec. C-5. PL 2003, c. 592, §5 is enacted to read: 
Sec. 5. Effective date. 
This Act takes effect AUgust 31, 2004. 
Sec. C-6. Effective date. 
This Part takes effect 90 days after 
adjournment 
of 
the 
Second 
Special 
Session 
of 
the 
121st 
Legislature. 
Emergency clause. 
In view of 
preamble, 
this 
Act 
takes 
effect 
otherwise indicated. 
the emergency cited in the 
when 
approved, 
except 
as 
Further amend the bill by relettering or renumbering any 
nonconsecutive 
Part 
letter 
or 
section 
number 
to 
read 
consecutively. ' 
SUMMARY 
This amendment makes the following changes. 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT "A''' to COMMITTEE 
AMENDMENT "A" to H.P. 1421, 
L.D. 1920 
1. 
It adds an emergency measure and makes clarifications 
enacted by Public Law 2003, chapter 614 regarding lake and river 
protection sticker requirements effective upon approval of this 
Act. 
2. 
It allows a person on a hunting trip in an unorganized 
township and staying at a temporary place of lodging to keep an 
unregistered bear, deer, moose or wild turkey at the temporary 
place of lodging for up to 7 days or until that person leaves the 
woods, whichever comes first. 
Additionally, it requires that an 
unregistered bear, deer, moose or wild turkey be transported in 
open view until the animal is registered. 
The amendment defines 
"open view" to mean that the animal can be readily observed in 
whole or in part from outside of the vehicle or trailer being 
used to transport the animal. 
3. 
It amends the Maine Revised Statutes, Title 12, section 
10502, 
subsection 2, 
dealing with property exempt 
from libel 
proceedings, to clarify that the exempt property is forfeited to 
the State upon conviction or adjudication of a violation under 
Title 12, section 10502, subsection 2. 
4. 
It strikes the changes that the bill makes to the Maine 
Revised Statutes, Title 12, 
section 10502, 
dealing with the 
seizure of fish, wildlife and equipment, to avoid a conflict with 
the changes that were enacted by Public Law 2003, chapter 592. 
5. 
It strikes the changes that the bill makes to Title 12, 
section 10651, subsection 1, dealing with the requirement that a 
person stop for a law enforcement officer, to avoid a conflict 
with the changes that L.D. 1912 makes to the subsection. 
6. 
It corrects a cross-reference. 
7. 
It 
corrects 
the 
standard 
fee 
for 
the 
resident 
combination hunting and fishing license to make it consistent 
with the current fee established under Title 12, section 7101. 
8. 
It strikes the changes that the bill made to Title 12, 
section 11155, subsection 1, dealing with wild turkey hunting 
permits, because the changes were already made by Public Law 
2003, chapter 552. 
9. 
It strikes the changes that the bill made to Title 12, 
section 11201, dealing with hunting during the closed season, to 
avoid a conflict with the changes that were enacted by Public Law 
2003, chapter 552. 
10. 
It strikes the sections that repeal Title 12, section 
11206 and enact a new Title 12, section 11206-A, dealing with 
HOUSE AMENDMENT 
-flt~' 
HOUSE AMENDMENT "It" to COMMITTEE 
AMENDMENT "A" to H.P. 
L.D. 1920 
1421, 
night hunting, because Public Law 2003, chapter 592 already made 
the changes. 
11. 
It incorporates the changes made by Public Law 2003, 
chapter 
to 
Title 
12, 
section 
11209, 
dealing 
with 
the 
dis,charge of a firearm near a dwelling. 
12. 
It 
amends 
Title 
12, 
section 
11351, 
dealing 
with 
exceeding the bag limit on bears, to avoid a conflict with the 
changes that were enacted by Public Law 2003, chapter 552. 
13. 
It strikes the changes that the bill makes to Title 12, 
section 11501, subsection 1, dealing with exceeding the bag limit 
on deer, because Public Law 2003, chapter 552 already made the 
changes. 
14. 
It strikes the section that repeals Title 12, section 
11651 because Public Law 2003, chapter 552 already repealed the 
section. 
15. 
It strikes the changes that the bill makes to Title 12, 
section 11701, the first paragraph, dealing with the authority of 
the commissioner to set legal hunting times to hunt wild turkey, 
to avoid a conflict with the changes that were enacted by Public 
Law 2003, chapter 552. 
16. 
It strikes the section that repeals Title 12, section 
11702 because Public Law 2003, chapter 552 already repealed the 
section. 
17. 
It repeals Title 12, section 11751 to avoid a conflict 
wi th the new Title 12, section 11751-A enacted by Public Law 
2003, chapter 552. 
18. 
It strikes the changes the bill makes to Title 12, 
section 11801, subsection 3 to avoid a conflict with the changes 
made by Public Law 2003, chapter 552. 
19. 
It strikes 
and 
replaces Title 
12, 
section 
12403, 
subsections 1 and 3 to incorporate the changes made by Public Law 
2003, chapter 552. 
20. 
It strikes Title 12, 
section 12404, 
subsection 6, 
paragraph D, dealing with dogs chasing a moose or deer, to avoid 
a conflict with the changes made by Public Law 2003, chapter 552. 
21. 
It strikes Title 12, 
section 12503, 
subsection 3, 
dealing with free fishing days, to avoid a conflict with the 
changes that L.D. 1932 makes to the subsection. 
HOUSE AMENDMENT 
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HOUSE 
AMENDMENT "A" to COMMITTEE 
AMENDMENT 
"A" to H.P. 
L.D. 1920 
1421, 
22. 
It strikes Title 12, 
section 12553, 
subsection 2, 
dealing with the sale of bait or baitfish in containers, to avoid 
a conflict with the changes made by Public Law 2003, chapter 614. 
23. 
It amends 
Title 
12, 
section 
13058, 
subsection 1, 
dealing with the prohibiting of operating a motorboat without 
having a lake and water protection sticker, to avoid a conflict 
with changes made by Public Law 2003, chapter 614. 
24. 
It strikes the changes the bill makes to Title 12, 
section 13003, subsection 1, dealing with the registration of a 
watercraft and ATV, 
to avoid a conflict with the changes that 
L.D. 1912 makes to the subsection. 
25. 
It adds an effective date to Public Law 2003, chapters 
527, 
552, 573, 
and 592 to have the changes made by these 
chaptered laws take effect on the same date as the bill. 
SPONSORED BY: 
~ ~ 
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(Representativ~ 
TOWN: 
Old Town 
HOUSE AMENDMENT