An Act To Amend Certain Fish and Wildlife Laws
Maine Legislature, Session 122, LD 1004
Committee Amendment CA_A_S317 (Senate)
Amends: 3 MRSA §959, 12 MRSA §10206, 12 MRSA §10902, 12 MRSA §11109, 12 MRSA §11152, 12 MRSA §12457, 12 MRSA §12506, 12 MRSA §12808, 12 MRSA §13058, 12 MRSA §13068, 12 MRSA §13068-A, 12 MRSA §13152, 12 MRSA §13154-A, 12 MRSA §13157-A

COMMITTEE AMENDMENT ,A to S.P. 344, L.D. 1004, Bill, "An 
Act To Amend Certain Fish and wildlife Laws" 
Amend the bill by inserting after the enacting clause and 
before section 1 the following: 
'Sec. 1. 3 MRSA §959, sub-§I, ,G, as amended by PL 2003, c. 
600, §1, is further amended to read: 
G. 
The joint standing committee of the Legislature having 
jurisdiction over 
inland fisheries 
and wildlife matters 
shall use the following list as a guideline for scheduling 
reviews: 
(1) 
Department of Inland Fisheries and Wildlife in 
aGG§ 2007; 
(2) 
Advisory Board for the Licensing of Taxidermists 
in 2007; and 
(3) 
Atlantic Salmon Commission in 2011. 
Sec. 2. 12 MRSA §10206, sub-§I,~, 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repealed by c. 695, Pt.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, §l, is 
repealed. ' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~, to S.P. 344, L.D. 1004 
Further amend the bill in section 3 in subsection 4 in the 
first paragraph in the 8th and 9th lines (page 1, lines 38 and 39 
in L.D.) 
by striking out the following: 
"and a bear hunting 
permit 
under 
section 11151" 
and inserting in its place 
the 
following: " 
a bear hunting permit under section 11151 and, upon 
meeting 
the gualifications 
as 
established in section 12853, 
subsection 4, a guide license' 
Further amend the bill by striking out all of section 4 and 
inserting in its place the following: 
'Sec. 4. 12 MRSA §10902, sub-§9, 1f1fA, B, D, E and F, as enacted 
by PL 2003, c. 695, Pt. 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 1~191 l3l57-A, subsection 9-A 24; 
B. 
Abuse of another person's property as prohibited under 
section 1~191 l3l57-A, subsection 22; 
D. Operating an ATV to endanger, as prohibited under section 
1~191 l3157-A, subsection 11; 
E. Reckless operation of an ATV, as prohibited under section 
1~191 13157-A, subsection 10; 
F. 
Operating 
an 
ATV 
on 
permission, 
as 
prohibited 
subsection l-A-
~; or' 
the 
land 
of 
another 
under 
section 
1~191 
without 
13157-A, 
Further amend the bill in section 7 by striking out all of 
the first 2 lines (page 3, lines I and 2 in L.D.) and inserting 
in their place the following: 
'Sec. 7. 12 MRSA §11109, sub-§§1 and 4, as enacted by PL 2003, 
c. 414, Pt. A, 
§2 and affected by c. 614, §9, are amended to 
read: ' 
Further amend the bill in section 7 by striking out all of 
subsection 5. 
Further amend the bill by inserting after section 7 the 
following: 
'Sec. 8. 12 MRSA §11109, sub-§5, as amended by PL 2005, c. 12, 
Pt. III, §5, is amended to read: 
5. 
Muzzle-loading permits and fees. 
Muzzle-loading hunting 
~ieeBses permits and fees are as follows: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .~. to S.P. 344, L.D. 1004 
A. 
A resident muzzle-loading hunting ~~eeRse permit is $13; 
B. 
A nonresident muzzle-loading hunting 
~~eeRse permit is 
$62; and 
C. 
An alien muzzle-loading hunting ~~eeRse permit is $72. 
Sec. 9. 12 MRSA §11152, sub-§I, as affected by PL 2003, c. 
619, §9 and amended by PL 2003, c. 655, Pt. B, §119 and affected 
by §422, is further 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. 
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A. 
Except as provided in paragraph B, each day a person 
violates this subsection that person commits a Class E crime 
for which a minimum fine of $50 and an amount egual to twice 
the applicable license fee must be imposed. 
B. 
A violation of this subsection in Washington County is a 
Class D crime for which a fine of $1,000 must be imposed and 
the court shall impose a sentencing alternative involving a 
term of imprisonment of at least 3 days, none of which may 
be suspended. 
Violation of this subsection is a strict liability crime as 
defined in Title 17-A, section 34, subsection 4-A .• 
Further amend the bill by inserting after section 8 the 
following: 
. Sec. 9. 12 MRSA §12457, sub-§I, 1JA, as affected by 
c. 
619, 
§9 and amended by PL 
2003, 
c. 
655, Pt. 
B, 
affected by §422, is further amended to read: 
PL 2003, 
§245 and 
A. 
The area within 150 feet of any operational fishway, 
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: 
COMM/rrEE AMENDMENT 
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COMMITTEE AMENDMENT .~. to S.P. 344, L.D. 1004 
(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 the 
fishway and 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; aBQ 
(2-A) 
At the following places, the area within 75 feet 
of the mouth of the fishway is closed to fishing at all 
times: 
(a) 
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, TIR7, 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; 
Sec. 10. 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A to S.P. 344, L.D. 1004 
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.' 
Further amend the bill in section 9 in subsection 1 in the 
2nd line (page 3, line 48 in L.D.) by striking out the following: 
"te-a--l4Re" and inserting in its place the following: 'to a line 
or hook' 
Further amend the bill by inserting after section 14 the 
fOllowing: 
'Sec. 15. 12 MRSA §12808, sub-§I-A, 1fC, as enacted by PL 2003, 
c. 655, Pt. B, §312 and affected by §422, is amended to read: 
C. 
Possess, process, sell, offer for sale, deliver, carry, 
transport or ship, by any means whatsoever, 
or 
threatened species or 
any part of an 
threatened species. 
A person who violates 
commits a Class D crime; or' 
any endangered 
endangered or 
this paragraph 
Further amend the bill by inserting after section 16 the 
following: 
'Sec. 17. 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. 
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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A .. to S.P. 344, L.D. 1004 
Sec. 18. 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. 19. 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. 20. 12 MRSA §13152, sub-§2, as affected by PL 2003, c. 
614, §9; repealed and replaced by PL 2003, c. 655, Pt. B, §40l 
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 
ways to minimize that effect, courtesy to landowners and other 
recreationists and landowners and other materials as determined 
by the department. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~, to S.P. 344, L.D. 1004 
Sec. 21. 12 MRSA §13154-A, sub-§6, 1fC, 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, §1, is repealed and the 
following enacted in its place: 
C. 
A safety training site approved by the department.' 
Further amend the bill by inserting after section 19 the 
following: 
'Sec. 20. 12 MRSA §13157-A, sub-§21, as enacted by PL 2003, c. 
655, Pt. B, §414 and affected by §422, is repealed.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
This amendment does the following: 
or renumbering any 
number 
to 
read 
1. It changes the State Government Evaluation Act review for 
the Department of Inland Fisheries and Wildlife from 2005 to 2007; 
2. It increases the penalty for taking an antlerless deer in 
Washington County without a permit from a Class E crime to a 
Class D crime with a mandatory minimum fine of $1,000 and at 
least 3 days in jail; 
3. It clarifies where a person can fish around fishways on 
East Grand Lake Dam and Spednic Lake Dam; 
4. 
It clarifies that the prohibition on possessing, selling 
or transporting an endangered or threatened species also applies 
to the parts of those species; 
5. 
It provides a resident disabled veteran a complimentary 
guide license if that veteran meets the qualifications for a 
guide license under the Maine Revised Statutes, Title 12; 
6. 
It clarifies that a person may not fish with more than 3 
unbaited artificial flies individually attached to a 
line or 
hook; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~, to S.P. 344, L.D. 1004 
7. 
It corrects 
technical conflicts 
and cross-reference 
errors created during the recodification and 
rev~s~on of the 
Maine Revised Statutes, Title 12. 
All corrections are technical 
and do not make substantive changes to the law. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/31105 ~ae 
LD 1004 
LR 0543(02) 
An Act To Amend Certain Fish and Wildlife Laws 
Fiscal Note for Bill as Amended by Committee Amendment "A 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements: 
Establishes a new Class D crime. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0543(2) - Fiscal Note - Page 1 of 1