Maine Legislature, Session 122, LD 1622
Committee Amendment CA_A-SA_A_S378 (Senate)
Amends: 12 MRSA §10308, 12 MRSA §10902, 12 MRSA §11106, 12 MRSA §11107, 12 MRSA §11109, 12 MRSA §12506, 12 MRSA §12659-A, 12 MRSA §12662, 12 MRSA §13058, 12 MRSA §13068, 12 MRSA §13068-A, 12 MRSA §13, 12 MRSA §13154-A, 12 MRSA §13157, 12 MRSA §13157-A

SENATE 
AMENDMENT ·A" to COMMITTEE 
AMENDMENT 
1145, 
L.D. 
1622, 
Bill, 
"An 
Act 
To 
Correct 
Inconsistencies in the Laws of Maine" 
"A" to H.P. 
Errors 
and 
Amend the amendment by inserting after Part D the following: 
'PARTE 
Sec. E-l. 12 MRS A §10206, sub-§I, 1[B, as affected by PL 2003, 
c. 614, §9; amended by c. 655, Pt. B, §47 and affected by §422; 
and repealed by c. 695, Pt. B, §3 and affected by Pt. c, §1, is 
repealed. 
Sec. E-2. 12 MRSA §10308, sub-§5, llC, 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 e~eF~-ma~~etST 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. E-3. 12 MRSA §10902, sub-§9, 1l1lA, B, D, E and F, as enacted 
by PL 2003, c. 695, Pte B, §8 and affected by Pt. C, §l, are 
amended to read: 
A. 
Operating 
an 
ATV 
on 
a 
temporarily 
closed trail as 
prohibited under section ±~±9+ l3l57-A, subsection e-A 24; 
Page l-LR0001(6) 
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L.D. 1622 
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B. 
Abuse of another person's property as prohibited under 
section 1619+ l3l57-A, subsection 22; 
D. Operating an ATV to endanger, as prohibited under section 
*6*9+ l3l57-A, subsection 11; 
E. Reckless operation of an ATV, as prohibited under section 
*619+ l3l57-A, subsection 10; 
F. 
Operating 
an 
ATV 
on 
permission, 
as 
prohibited 
subsection *-A-
~; or 
the 
land 
of 
another 
under 
section 
1~19+ 
without 
13157 -A, 
Sec. E-4. 12 MRSA §11106, sub-§I, 1[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 see~ieB-***Q9 the requirements 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. E-S. 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 license. 
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 1ieeBse 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 license. 
A person 10 years of age or older and 
under 16 years of age may obtain a muzzle-loading 1ieeBse permit 
from the commissioner or the commissioner's authorized agent if 
the person possesses a valid junior hunting license. 
Sec. E-6. 12 MRSA §11109, sub-§4, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by c. 614, §9, is amended to read: 
4. 
Muzzle-loading permit: issuance and agent's fee. 
The 
commissioner, 
through 
the 
commissioner's 
agent, 
shall 
issue 
muzzle-loading lieeBses permits to eligible persons. 
The issuing 
agent shall charge a fee of $1 for each lieeBse permit issued. 
Sec. E-7. 12 MRSA §11109, sub-§S, as amended by PL 2005, c. 
12, Pt. III, §5, is amended to read: 
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AMENDMENT ,A" to COMMITTEE AMENDMENT "A" to H.P. 
L.D. 1622 
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5. 
Muzzle-loading permits and fees. 
Muzzle-loading hunting 
±ieeBses permits and fees are as follows: 
A. 
A resident muzzle-loading hunting ±ieeBse permit is $13; 
B. 
A nonresident muzzle-loading hunting ±ieeBse permit is 
$62; and 
C. 
An alien muzzle-loading hunting ±ieeBse permit is $72. 
Sec. E-S. 12 MRSA §12506, sub-§5, as affected by PL 2003, c. 
614, 
§9 and repealed and replaced by c. 655, Pt. 
B, 
§253 and 
affected by §422, is repealed and the following enacted in its 
place: 
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 
g£anted 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 l255l-A without 
a 
permit under subsection 2. 
Sec. E-9. 12 MRSA §12659-A, sub-§l, "A and B, as enacted by PL 
2003, c. 655, Pt. B, §282 and affected by §422, are repealed. 
Sec. E-I0. 12 MRSA §12659-A, sub-§2, as enacted by PL 2003, c. 
655, Pt. B, §282 and affected by §422, is repealed. 
Sec. E-ll. 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 have 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 
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L.D. 1622 
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 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. E-12. 12 MRSA §12662, sub-§I, 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 
~6e§9-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. E-13. 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 affixed to each side of the bow 
above 
the water line and approximately 
inches 
behind the 
validation sticker reguired under section 13056. 
Sec. E-14. 12 MRSA §13058, sub-§2, as affected by PL 2003, c. 
614, §9: amended by c. 627, §1: and repealed and replaced by c. 
655, 
Pt. 
B, 
§363 
and affected by §422, is repealed and the 
following enacted in its place: 
2. 
Violation. 
A person 
who 
violates 
subsection 
is 
subject to the provisions of this subsection. 
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. 
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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. E-15. 12 MRSA §13068, sub-§15, as affected by PL 2003, c. 
614, §9 and repealed and replaced by c. 627, §3 and repealed by 
c. 655, Pt. B, §379 and affected by Pt. B, §422, is repealed. 
Sec. E-16. 12 MRSA §13068-A, sub-§15, as enacted by PL 2003, 
c. 655, Pt. B, §380 and affected by §422, is amended to read: 
15. 
Violation of surface use restriction order. 
A person 
may 
not 
operate, 
launch 
or 
remove 
a 
watercraft 
at 
a 
restricted-access site or refuse inspection of 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. 
Sec. E-17. 12 MRSA §13l52, sub-§2, as affected by PL 2003, c. 
614, §9; repealed and replaced by PL 2003, c. 655, Pt. B, §401 
and affected by §422; and repealed and replaced by PL 2003, c. 
695, Pt. B, §10 and affected by Pt. C, §l, 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 domiciled; 
B. 
Land 
owned 
or 
leased 
by 
that 
person's 
parent 
or 
guardian; or 
C. 
A safety training site approved by the department. 
A person under 16 years of age must attend the training program 
with that 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 
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L.D. 1622 
ways to minimize that effect. courtesy to landowners and other 
recreationists and landowners and other materials as determined 
by the department. 
Sec. E-18. 12 MRSA §13154-A, sub-§6, ~C, as enacted by PL 
2003, c. 655, Pt. B, §404 and affected by §422 and enacted by PL 
2003, c. 695, Pt. B, §12 and affected by Pt. c, §l, is repealed 
and the following enacted in its place: 
C. 
A safety training site approved by the department. 
Sec. E-19. 12 MRSA §13157, as repealed by PL 2003, c. 655, 
Pt. B, §4l3 and affected by §422 and amended by c. 695, Pt. B, 
§§15 to 23 and affected by Pt. C, §l, is repealed. 
Sec. E-20. 12 MRSA §13157-A, sub-§I, as enacted by PL 2003, c. 
655, Pt. B, §4l4 and affected by §422, is repealed. 
Sec. E-21. 12 MRSA §13157-A, sub-§I-A is enacted to read: 
I-A. 
Permission required. 
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. E-22. 12 MRSA §13157-A, sub-§21, as enacted by PL 2003, 
c. 655, Pt. B, §4l4 and affected by §422, is repealed. 
Sec. E-23. 12 MRSA §13157-A, sub-§22, ~~B and C, as enacted by 
PL 2003, c. 655, Pt. B, §4l4 and affected by §422, are amended to 
read: 
B. 
Leave open a gate or bars on another person's land; a~ 
C. 
Trample or destroy crops on another person's landTL-QI 
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Sec. E-24. 12 MRSA §13157-A, sub-§22, 1fD is enacted to read: 
D. 
Remove or destroy signs or posted notices. 
Sec. E-25. 12 MRSA §13157-A, sub-§23, as enacted by PL 2003, 
c. 655, Pt. B, §414 and affected by §422, is repealed. 
Sec. E-26. 12 MRSA §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 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. 
25. 
ATV noise and fire control devices. 
The following 
prov~s~ons 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) 
Each ATV must meet noise emission standards 
of 
the 
United 
States 
Enyironmental 
Protection 
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. 
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L.D. 1622 
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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 egyipment. 
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. 
Qperation 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: 
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(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 defined 
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 for 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. E-27. 12 MRS A §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. ' 
Further amend the amendment 
any 
nonconsecutive 
Part 
letter 
consecutively. 
by relettering or renumbering 
or 
section 
number 
to 
read 
SENATE AMENDMENT 
SENATE AMENDMENT 
.. A.. to COMMITTEE AMENDMENT "A" to H. P. 
L.D. 1622 
SUMMARY 
1145, 
This amendment corrects conflicts and cross-references in 
the Maine Revised Statutes, Title 12, Part 13 that were created 
as a result of the recodification process. 
SPONSORED BY: ~q~ 
(Senator HOBBINS) 
COUNTY: 
York 
SENATE AMENDMENT 
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