An Act To Amend Certain Fish and Wildlife Laws
Maine Legislature, Session 122, LD 1004
Committee: Inland Fisheries and Wildlife
Sponsors: BRYANT, WOODCOCK, CEBRA, LUNDEEN, MOODY, RICHARDSON, WHEELER
Amends: 12 MRSA §10308, 12 MRSA §10502, 12 MRSA §10853, 12 MRSA §10902, 12 MRSA §11106, 12 MRSA §11107, 12 MRSA §11109, 12 MRSA §12404, 12 MRSA §12654-A, 12 MRSA §12659-A, 12 MRSA §12763, 12 MRSA §12955, 12 MRSA §13058, 12 MRSA §13157, 12 MRSA §13157-A, 12 MRSA §13159

Legislative Document 
No. 1004 
S.P.344 
In Senate, February 24,2005 
An Act To Amend Certain Fish and Wildlife Laws 
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Senator BRYANT of Oxford. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: WOODCOCK of Franklin, Representatives: CEBRA of Naples, 
LUNDEEN of Mars Hill, MOODY of Manchester, RICHARDSON of Cannel, WHEELER of 
Kittery. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §10308, sub-§5, ,C, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by c. 614, §9, is amended to read: 
C. 
The board shall submit an annual report to the Governor 
and the joint standing committees of the Legislature having 
jurisdiction over 
eBeF~y-ma~~e~6T natural resources matters 
and inland fisheries and wildlife matters. 
In the annual 
report, the board shall detail expenditures made from the 
fund and the board's progress in implementing the strategic 
plan. 
Sec. 2. 12 MRSA §10502, sub-§2, ,B, as amended by PL 2003, c. 
592, §1 and affected by §5; c. 614, §9; and c. 655, Pt. C, §§5 
and 6, is further amended to read: 
B. 
A firearm, 
a 
bow 
and 
arrow, 
archery 
equipment 
and 
hunting equipment 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; 
Sec. 3. 12 MRSA §10853, sub-§4, as enacted by PL 2003, c. 414, 
Pt. A, §2 and affected by c. 614, §9, is amended to read: 
4. 
Resident disabled veteran. 
A resident disabled veteran 
may apply to the commissioner for one or more of the following 
complimentary permits and licenses: 
a 
license to hunt with a 
firearm, 
a license to trap, a license to fish, archery hunting 
licenses as provided in section 11109, subsection 7, a pheasant 
hunting permit as provided in section 11156 aBeL a muzzle-loading 
hunting li:eeBse permit as provided in section 11109, subsection 
4, a migratory waterfowl permit under section 11157 and a bear 
hunting permit under section 11151. 
The commissioner shall issue 
the permitT or permits or license or licenses requested under 
this subsection if the commissioner determines the applicant is a 
resident disabled veteran and is not otherwise ineligible to hold 
that permit or license. 
For the purposes of this subsection, 
"resident disabled veteran" means a person who: 
A. 
Is a resident as defined in section 10001, subsection 53; 
B. 
Is a veteran as defined in Title 37-B, 
section 505, 
subsection 2, paragraph A, subparagraph (3); and 
C. 
Has a service-connected disability evaluated at: 
(1) 
One hundred percent; or 
(2) 
Seventy percent or more as a result of honorable 
military service and who has served in a combat zone 
during any armed conflict in which participants were 
exposed to war risk hazards as defined in 42 United 
States Code, Section 1711 (b). 
Each application must be 
accompanied by satisfactory evidence 
that the applicant meets the requirements of this subsection. 
A 
permit or license issued under this subsection remains valid for 
the life of the permit or license holder, as long as the permit 
or license holder continues to satisfy the residency requirement 
in section 10001, subsection 53 and the permit or license is not 
revoked or suspended. 
Sec. 4. 12 MRSA §10902. sub-§9, V, as enacted by PL 2003, c. 
695, Pt. B, §8 and affected by Pt. C, §1, is amended to read: 
F. 
Operating 
an 
ATV 
on 
permission, 
as 
prohibited 
subsection I-A; or 
the 
land 
of 
another 
under 
section 
1~1§1 
without 
13157 A, 
Sec. 5. 12 MRSA §11106. sub-§l. ~A. as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by c. 614, §9, is amended to read: 
A. 
A resident or nonresident 16 years of age or older who 
has satisfied seeties-lllQ§ the reguirements of subsection 2 
may obtain an archery hunting license to hunt with bow and 
arrow from the commissioner or the commissioner's authorized 
agent. 
Sec. 6. 12 MRSA §11107. sub-§§1 and 2, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by c. 614, §9, are amended to read: 
1. 
Big game 1icense. 
A person 16 years of age or older at 
the beginning of the special season established under section 
11404, subsection 1 may obtain a muzzle-loading lieesse permit 
from the commissioner or the commissioner's authorized agent if 
the person possesses 
a 
valid license to hunt big game with 
firearms. 
2. 
Junior 1icense. 
A person 10 years of age or older and 
under 16 years of age may obtain a muzzle-loading lieesse permit 
from the commissioner or the commissioner's authorized agent if 
the person possesses a valid junior hunting license. 
Sec. 7. 12 MRSA §11109, sub-§§l, 4 and 5, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by c. 614, §9, are amended to read: 
1. 
License 
required. 
Except 
as 
otherwise 
authorized 
pursuant to this Part, a person may not engage in an activity for 
which a 
license may be issued under this section unless that 
person has a valid license issued under this section. 
Each day a 
person violates this subsection that person commits a Class E 
crime for which a minimum fine of 
$§9--and--aR---arAG-a-H-t;.-~--t:e 
1::wiee-1::Be-a~~lieaBle-lieease-~ee $100 must be imposed. 
4. 
Muzzle-loading permit; issuance and agent's fee. 
The 
commissioner, 
through 
the 
commissioner's 
agent, 
shall 
issue 
muzzle-loading lieeases permits to eligible persons. 
The issuing 
agent shall charge a fee of $1 for each lieease permit issued. 
5. 
Muzzle-loading permits and fees. 
Muzzle-loading hunting 
lieeases permits and fees are as follows: 
A. 
A resident muzzle-loading hunting lieease permit is $11; 
B. 
A nonresident muzzle-loading hunting lieease permit is 
$33; 
C. 
An alien muzzle-loading hunting lieease permit is $58. 
Sec. 8. 12 MRSA §12404. sub-§6, 1rG, as enacted by PL 2003, c. 
655, Pt. B, §243 and affected by §422, is amended to read: 
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 $199 
£2QQ nor more than $§9g $1,000 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. 9. 12 MRSA §12654-A, sub-§I, as enacted by PL 2003, c. 
655, Pt. B, §277 and affected by §422, is amended to read: 
1. Prohibition. 
A person may not fish with more than 3 
unbaited artificial flies individually attached t:e-a-liae. 
Sec. 10. 12 MRSA §12659-A, sub-§l, 1f1fA and B, as enacted by PL 
2003, c. 655, Pt. B, §282 and affected by §422, are repealed. 
Sec. 11. 12 MRSA §12659-A, sub-§2, 
as enacted by PL 2003, c. 
655, Pt. B, §282 and affected by §422, is repealed. 
Sec. 12. 12 MRSA §12659-A, sub-§§3, 4 and 5 are enacted to read: 
3. 
Unattended lines. 
Except as provided in subsection 4, a 
person licensed to fish shall haye all lines under that person's 
immediate supervision. 
4. 
Checking cusk lines. 
In waters that are opened under 
section 
12454, 
subsection 
1, 
paragraph 
B, 
a 
person 
fishing 
through the ice for cusk in the nighttime shall visit at least 
once every hour all lines set by that person for cusk. 
5. 
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 or not less than $100 nor more 
than $500 may be adjudged. 
B. 
A person who violates this section after haying 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. 13. 12 MRS A §12662. sub-§l, as affected by PL 2003, c. 
614, §9 and amended by 
c. 655, Pt. B, §285 and affected by §422, 
is further amended to read: 
1. 
Prohibition. 
Except 
as provided in section 16ge9-A 
12454, subsection 1, paragraph B, a person may not ice fish from 
1/2 hour after sunset to 1/2 hour before sunrise of the following 
morning. 
Sec. 14. 12 MRSA §12763. sub-§4, as affected by PL 2003, c. 
614, §9 and amended by c. 655, Pt. B, §307 and affected by §422, 
is further amended to read: 
4. 
Permits allowing use of gill nets by federal agencies or 
other state agencies. 
The department may authorize the use of 
gill nets 
by 
federal 
agencies 
or 
other 
state 
agencies 
for 
'16 
purposes of scientific research or public safety projects. 
Any 
authorization by the department for a federal agency or 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. 
(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 or federal 
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 
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. 15. 12 MRSA §12955. sub-§3. as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by c. 614, §9, is amended to read: 
3. 
Expiration. 
valid for a period 
December 31st of the 
All licenses issued under this section are 
commencing 
SeFtem~eF August 1st and ending 
year in which the license is issued. 
Sec. 16. 12 MRSA §13058. sub-§I. as affected by PL 2003, c. 
614, 
§9; 
amended by c. 
627, 
§1 and c. 
655, Pt. 
B, 
§362 and 
affected by §422, is repealed and the following enacted in its 
place: 
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 permanently affixed to each side 
of the bow above the water line and approximately 3 inches behind 
the 
validation 
sticker 
required 
under 
section 
13056. 
This 
sticker is nontransferable. 
Sec. 17. 12 MRSA §13157. as repealed by PL 2003, c. 655, Pt. 
B, §413 and affected by §422 and amended by c. 695, Pt. B, §§15 
to 23 and affected by Pt. C, §1, is repealed. 
Sec. 18. 12 MRSA §13157-A, sub-§I, as enacted by PL 2003, c. 
655, Pt. B, §414 and affected by §422, is repealed. 
Sec. 19. 12 MRSA §13157-A, sub-§l-A is enacted to read: 
I-A. 
Permission reqqired. 
A person may not operate an ATV 
on the land of another without the permission of the landowner or 
lessee. 
Permission 
is 
presumed 
on 
ATV 
trails 
that 
are 
conspicuously posted or in areas 
open to 
ATVs 
by 
landowner 
policy. 
Written 
permission 
of 
the 
landowner 
or 
lessee 
is 
required on cropland or pastureland or in an orchard. 
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 or more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated of having committed 3 or more civil violations 
under this Part within the previous 5 year period commits a 
Class E crime. 
Sec. 20. 12 MRSA §13157-A. sub-§22, 1[1[B and C. as enacted by PL 
2003, c. 655, Pt. B, §414 and affected by §422, are amended to 
read: 
B. 
Leave open a gate or bars on another person's land; SF 
C. 
Trample or destroy crops on another person's landTL-Q£ 
Sec. 21. 12 MRSA §13157-A, sub-§22, 1[D is enacted to read: 
D. 
Remove or destroy signs or posted notices. 
Sec. 22. 12 MRSA §13157-A, sub-§23, as enacted by PL 2003, c. 
655, Pt. B, §414 and affected by §422, is repealed. 
Sec. 23. 12 MRS A §13157-A, sub-§§24 to 27 are enacted to read: 
24. 
Operation of ATV on temporarily closed trail. 
A person 
may not operate an ATV on any section of a trail posted with a 
notice of temporary closure in accordance with this subsection. 
The notice must specify the section of trail that is closed and 
the period of the closure and must be conspicuously posted at 
each end of the closed section of the trail. 
A. 
A person who violates this subsection commits a civil 
violation for which a Une of not less than $100 or more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated of having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
25. 
ATV noise and fire control 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 times 
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'-'..)_-,E ach ATY mus t--"m"-,e"-,e,,-t,,,--,,n,,-,O,,-,~,,-,' s",-e",---,e"",-m,,,,~,,-' s",-=s.",i-=o...,n,--",s-"t""a",n""d""a=r,-=ds 
yo~f __ ~t~he 
United __ ~S~t~aut~e~sL-~E~n~v~i~r~o~nm~e~n~t~a~l~_P~ryo~t~e~c~t=~,,-,'o~n 
Agency and in no case exceed 96 decibels of sound 
pressure 
when 
measured 
from 
a 
distance 
of 
inches using test procedures established by the 
commissioner; 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 
or 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. 
26. 
Prohibited equipment. 
A person may not operate an ATV 
that is equipped with a snorkel kit or other equipment designed 
to allow the 
ATV 
to be 
used in deep water except with the 
permission of the owner of the land on which the ATV is operated 
or as provided in section 13159. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $100 or more 
than $500 may be adjudged. 
B. 
A person who violates this subsection after having been 
adjudicated of having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
27. 
Operation of ATV in prohibited area. 
The following 
provisions 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 or sand dune or any cemetery, burial place or 
burying ground; or 
( 2) 
When the ground is not frozen and sufficiently 
covered with 
snow to prevent direct 
damage 
to 
the 
vegetation: 
(a) 
On alpine tundra; 
(b) 
On a freshwater marsh or bog, river, brook, 
stream, great pond, nonforested wetland or vernal 
pool; or 
(c) 
In a source water protection area as def ined 
in Title 30-A, section 2001, subsection 20-A. 
The provisions of this subparagraph do not apply to a 
trail designated for 
ATV 
use 
by the Department of 
Conservation. 
The provisions of this subparagraph also 
do not apply to a person accessing land [or maintenance 
or inspection purposes with the landowner's permission 
or to local, state or federal government personnel in 
the performance of official duties, provided there is 
no significant ground disturbance or sedimentation of 
water bodies. 
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 
or 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. 24. 12 MRSA §13159, as amended by PL 2003, c. 655, Pt. 
B, §417 and affected by §422 and amended by c. 695, Pt. B, §24 
and affected by Pt. C, §1, is repealed and the following enacted 
in its place: 
§13159. Racing meets 
Notwithstanding 
section 
13155 
and 
section 
13157-A, 
subsection 15, 
subsection 16, 
paragraph A, 
subsection 17 
and 
subsection 25, 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, 
snorkel kits and lights during the time of operation at these 
meets and at all prerace practices at the location of the meets. 
SUMMARY 
This bill does the following. 
It 
adds 
bow 
and 
arrow, 
archery 
equipment 
and 
hunting 
equipment to the items subject to seizure but not subject to 
libel requirements under enforcement and court procedures. 
It adds 2 permits to the list of items available to resident 
disabled 
veterans, 
making 
it 
consistent 
with 
the 
over-70 
complimentary licenses and permits. 
It corrects the reference to the education program that is 
required for archery licenses. 
It 
changes 
the 
"muzzle-loading permit." 
a person must possess a 
permit. 
term 
"muzzle-loading 
license" 
to 
It is not considered a license because 
firearms license in order to obtain this 
It changes the penalty for 
$50 plus an amount equal to twice 
$100 
fine. 
The 
$100 
fine 
is 
hunting without a license from 
the applicable license fee to a 
consistent with other license 
violation penalties. 
It removes 
the restriction under fishing with artificial 
flies of attaching the flies to a line so that anglers would be 
allowed to attach dropper flies to the shank of the hook. 
It changes the beginning date that the special hide dealer's 
license is valid from September 1st to August 1st so that it 
falls within the time period that hunting seasons are open. 
It clarifies that lake and river protection stickers must be 
permanently affixed to watercraft and are not transferable. 
It corrects conflicts within the all-terrain vehicle laws. 
It changes 
language dealing with penalties to bring the 
inland fisheries and wildlife laws into conformity with MCJUSTIS. 
It corrects cross-references.