An Act To Protect Owners of Private Property against Trespass
Maine Legislature, Session 125, LD 0559
Committee Amendment CA_A_H312 (House)
Amends: 12 MRSA §11227, 12 MRSA §11228, 12 MRSA §11301, 17-A MRSA §402

COMMITTEE AMENDMENT ·A" to H.P. 442, L.D. 559, Bill, "An Act To 
Protect Owners of Private Property against Trespass" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, approximately 90% of the land used by the public for outdoor recreational 
activities is privately owned; and 
Whereas, this legislation needs to take effect prior to the next hunting season to 
enhance landowner relations; 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, ' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §11227, sub-§2, as enacted by PL 2009, c. 70, §1, is amended 
to read: 
2. Placement of bait. A person may not place or hunt over bait unless the without 
the oral or written permission of the landowner or the landowner's agent. The bait site is 
must be plainly labeled with a 2-inch-by-4-inch tag identifying the name and address of 
the person establishing the bait site. This subsection does not apply to bear baiting, which 
is governed by section 11301. 
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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~,, to H.P. 442, L.D. 559 
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. 2. 12 MRSA §11228 is enacted to read: 
§11228. Hunting with dogs 
1. Collar required. A person may not hunt with a dog in pursuit of bear, coyote or 
bobcat unless the dog has a collar that legibly provides the name, telephone number and 
address of the owner of that dog. 
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 as having 
committed 3 or more civil violations under this Part within the previous 5-year period 
commits a Class E crime. 
2. Limit on number of dogs. A person or persons may not use more than 6 dogs at 
anyone time to hunt coyotes or bobcats. A person who violates this subsection commits 
a Class E crime. 
3. Night hunting with dogs. A person may not use a dog to hunt coyotes during the 
period from 30 minutes after sunset to 30 minutes before sunrise. A person who violates 
this subsection commits a Class E crime. 
Sec. 3. 
MRSA §11301, sub-§1, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §156 and affected by §422, is further amended to read: 
1. Bear baiting. A person may not use bait to hunt or trap black bear, unless: 
A. The bait is placed at least 50 yards from a travel way that is accessible by a 
conventionaI2-wheel-drive or 4-wheel-drive vehicle; 
B. The stand, blind or bait area is plainly labeled with a 2-inch-by-4-inch tag with 
the name and address of the baiter; 
C. The bait is placed more than 500 yards from a site permitted or licensed for the 
disposal of solid waste or a campground; 
D. The bait is placed more than 500 yards from an occupied dwelling, unless written 
permission is granted by the owner or lessee; 
E. The bait is placed not more than 30 days before the opening day of.the season and 
not after October 31st; 
F. The bait areas will be cleaned up by November 10th, as defined by the state litter 
laws; and 
G. The person hunting from a stand or blind of another person has permission of the 
owner of that stand or blind. 
A person may not use bait to hunt or trap black bear without the oral or written 
permission of the landowner. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 442, L.D. 559 
Sec. 4. 17-A MRSA §402, sUb-§4, ~B, as enacted by PL 1995, c. 529, §2, is 
amended to read: 
B. 
Paint markings mean that access is prohibited without permission of the 
landowner or the landowner's agent. 
Paint markings must consist of 2 painted 
horizontal lines per tree, post or other object. 
(1) Each line must be a minimum of 2 inches high and at least as long as the 
width of the object, but need not be more than 8 inches long. 
(2) Lines must be painted on the side of the tree, post or other object that is 
visible to a person approaching the restricted property and must be painted within 
an area 3 feet to 6 feet above ground level. 
(3) The paint must be silver or aluminum colored. 
This paragraph is repealed September 12, 2012. 
Sec. 5. 17-A MRSA §402, sub-§4, ~-1 is enacted to read: 
B-1. Paint markings made pursuant to this paragraph mean that access is prohibited 
without permission of the landowner or the landowner's agent. Paint markings made 
pursuant to this paragraph must consist of a conspicuous vertical line at least one inch 
in width and at least 8 inches in length and must be placed so that the bottoms of the 
marks are not less than 3 feet from the ground or more than 5 feet from the ground at 
locations that are readily visible to any person approaching the property and no more 
than 100 feet apart. 
Paint markings may be placed on trees, posts or stones as 
described in this paragraph. The Department of Conservation, Bureau of Forestry 
shall adopt rules to determine the color and type of paint that may be used to post 
property pursuant to this paragraph. Rules adopted pursuant to this paragraph are 
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill and: 
1. Adds an emergency preamble and clause; 
2. Provides that a person may not place or hunt over bait without the oral or written 
permission of the landowner or the landowner's agent; 
3. Provides that a person may not hunt bear, coyote or bobcat with a dog unless the 
dog has a collar that legibly provides the name, telephone number and address of the 
owner of that dog; 
4. Prohibits the use of a dog to hunt a coyote during the period from 30 minutes after 
sunset to 30 minutes before sunrise; 
5. Limits the number of dogs a person or persons may use to hunt coyotes or bobcats 
to 6 dogs; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to H.P. 442, L.D. 559 
6. 
Adds another method of. posting private property to the current method of 
horizontal silver paint stripes by allowing a vertical paint mark with the color and type of 
paint determined by the Department of Conservation, Bureau of Forestry. 
The 
amendment repeals the current silver paint marking provisions September 12, 2012. 
FiSCAL ",OTE REQtlREJ) 
(~e~~tt~~~~~)_ 
COMMITTEE AMENDMENT 
Approved: 05117111 
frac.. 
LD 559 
LR 667(02) 
An Act To Protect Owners of Private Property against Trespass 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Inland Fisheries and Wildlife 
Correctional and Judicial Impact Statements 
Establishes new Class E crimes. 
Fiscal Note Required: Yes 
Fiscal Note 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
2orrectional Cost Detail 
Class E Crime 
Total Cost - All Convictions 
FY 2012 
$0 
$0 
FY2013 
$0 
$0 
FY 2014 
$3,132 
$3,132 
FY 2015 
$3,132 
$3,132 
FY 2016 
$3,132 
$3,132 
This estimate assumes one conviction per year beginning in fiscal year 2013-14. The additional costs to the 
Department of Conservation associated with rulemaking can be absorbed with existing staff and within existing 
budgeted resources. 
LR0667(02) - Fiscal Note - Page 1 of 1