An Act To Amend Certain Provisions of the Fish and Wildlife Laws
Maine Legislature, Session 125, LD 1732
Committee Amendment CA_A_S391 (Senate)
Amends: 12 MRSA §10155, 12 MRSA §12503, 12 MRSA §12763, 12 MRSA §1310, 12 MRSA §13106-A

COMMITTEE AMENDMENT "A " to S.P. 592, L.D. 1732, Bill, "An Act To 
Amend Certain Provisions of the Fish and Wildlife Laws" 
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, certain changes to the laws governing inland fisheries and wildlife and 
snowmobiles need to be made before the current winter season is over; 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 inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 12 MRSA §10155, sub-§l, as amended by PL 2011, c. 253, §3, is further 
amended to read: 
1. Membership. Members of the board must be residents of the State. The board 
consists of the following 4 members: 
A. Two employees of the department, appointed by the commissioner, one of whom 
may be a retired employee who has experience in taxidermy; and 
B. Gfte Two licensed taxidermist taxidermists with expertise in the art of taxidermy, 
appointed by the Governor~ 
~ 
G 
One member of the general public \vith no affiliation to the art of taxidermy, 
appointed by the Governor.' 
Amend the bill by striking out all of section 3 (page 1, lines 6 to 23 in L.D,) and 
inserting the following: 
COMMITTEE AMENDMENT 
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~,. 
COMMITTEE AMENDMENT" A" to S.P. 592, L.D. 1732 
'Sec. 3. 
MRS A §11152, sub-§7, as enacted by PL 2005, c. 142, §2, is 
amended to read: 
7. Special antlerless deer permit. The commissioner shall issue a special antlerless 
deer permit to an eligible person who is a resident and is suffering from the loss of or the 
permanent loss of use of both lower extremities. The commissioner shall issue a permit 
upon application and after the applicant verifies that person's ambulatory disability with a 
letter signed by a physician licensed in the State confirming the person's condition. A 
person who is issued a special antlerless deer permit under this subsection may take an 
antlerless deer in any part of the State open to the taking of antlerless deer pursuant to 
subsection 3. 
Sec. 4. 
MRSA §12503, sub-§4, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §249 and affected by Pt. B, §422, is further amended to read: 
4. Groups of students. The commissioner may permit student or youth groups sf 
residents vllto attend high sohool or ';,<,ho are enrolled in special eduoation oourses for 
persons who are underprivileged, persons 'lAth handioaps or people 'lAth special learning 
needs to fish without licenses for periods of not more than 3 days as long as the fishing 
activity is conducted as part of an educational program and is under the direct supervision 
of a teacher or instructor. 
B. A permit holder: 
(1) May not allow fishing to go on for more than 3 days; 
(2) 
May not allow any fishing activity that is not conducted as part of an 
educational program; and 
(3) Shall provide direct supervision. 
C. The following penalties apply to violations of this subsection. 
(1) A permit holder who violates paragraph B 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 B 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. 
Each day a person violates paragraph B is a separate offense. 
Sec. 5. 12 MRSA §12763, sub-§3, as amended by PL 2007, c. 651, §13, is 
further amended to read: 
3. Use of gill nets by department personnel. Department personnel and persons 
under contract with the department may use gill nets pursuant to this subsection. When 
requested by another agency to undertake a gill netting project, the department must be 
reimbursed by that agency for all costs relating to the gill netting project. 
A. 
The department Department personnel and persons under contract with the 
department may not use gill nets in inland waters provided that unless: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 592, L.D. 1732 
(2) Both ends of the net are marked with buoys that are clearly visible from a 
distance of 300 feet and that identify the department; and 
(3) The results of each netting are forwarded on a weekly basis to the office of 
the commissioner. 
The records of the results must be available for public 
inspection at the office of the commissioner. 
A person under contract with the department may not use a gill net under this section 
unless the use is at the direction of and under the supervision of the commissioner or 
the commissioner's designee. 
A-I. 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. 6. 12 MRS A §130S1, sub-§2, ~C, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read: 
C. 
An agent is delinquent if that agent fails to forward to the commissioner funds 
collected by that agent by the date established in rules adopted under this subsection. 
Failure to remit the funds as provided in this subsection results in the following 
sanctions, in addition to any other provided by law. 
(1) THe eommissioner SHall oHarge interest on tHe amount owed at tHe rate of 
18% a year for eaoH day tHe agent is delinquent. 
(2) If the agent has not paid the amount owed by the 60th day after the agent 
becomes delinquent, the commissioner shall assess a surcharge of 5% of the 
principal amount owed. 
(3) If an agent is delinquent for more than 150 days or is delinquent 3 or more 
times in one year, the commissioner shall: 
(a) Terminate the agency for the balance of the year; and 
(b) Order that the agency not be renewed for the next year;' 
Amend the bill by inserting at the end before the summary the following: 
'Sec. 6. 12 MRSA §1310S, sub-§1, ~C, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read: 
C. An agent is delinquent if that agent fails to forward to the commissioner funds 
collected by that agent by the date established in rules adopted under this subsection. 
Failure to remit the funds as provided in this subsection results in the following 
sanctions, in addition to any other provided by law. 
(1) THe commissioner SHall CHarge interest on tHe amount o\ved at tHe rate of 
8 % a year for eaCH day tHe agent is delinquent. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 592, L.D. 1732 
(2) If the agent has not paid the amount owed by the 60th day after the agent 
becomes delinquent, the commissioner shall assess a surcharge of 5% of the 
principal amount owed. 
(3) If an agent is delinquent for more than 150 days or is delinquent 3 or more 
times in one year, the commissioner shall: 
(a) Terminate the agency for the balance of the year; and 
(b) Order that the agency not be renewed for the next year. 
Sec. 7. 12 MRSA §13106-A, sub-§5, ~A, as enacted by PL 2003, c. 655, Pt. B, 
§394 and affected by §422, is amended to read: 
A. A properly registered snowmobile may be operated on a public way only the 
distance necessary, but in no case to exceed J.OO 500 yards, on the extreme right of 
the traveled way for the purpose of crossing, as directly as possible, a public way, 
sidewalk or culvert. 
Sec. 8. 12 MRS A §13156, sub-§2, ~A, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is repealed. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill: 
1. It adds an emergency preamble and emergency clause to the bill; 
2. It repeals the 18% annual interest penalty for each day a watercraft, snowmobile 
or ATV registration agent is delinquent in forwarding collected fees to the Commissioner 
of Inland Fisheries and Wildlife. The bill removed this penalty for license agents and this 
amendment makes provisions for all agents the same; 
3. 
It removes the provision that provides that a shareholder in a landowner 
association or in an S corporation that owns a certain amount and type of land is eligible 
to apply for an antlerless deer permit as a landowner; 
4. It amends the law allowing resident student groups to fish for 3 days without a 
license to allow any student or youth group, not just residents, to be eligible for this 
privilege; 
5. 
It amends the law establishing the Advisory Board for the Licensing of 
Taxidermists. It removes the member of the general public and increases the number of 
taxidermists on the board to two; 
6. It amends the law governing the distance a snowmobile can be operated on a 
public way for the purpose of crossing a public way, sidewalk or culvert from 300 yards 
to 500 yards; 
COMMITTEE AMENDMENT 
-1rl', 
COMMITTEE AMENDMENT ,; An to S.P. 592, L.D. 1732 
7. It allows contractors of the Department ofInland Fisheries and Wildlife to use gill 
nets in the same manner that department personnel may use gill nets; and 
8. It removes the residency requirement for eligibility for a special antlerless deer 
permit for persons suffering from the loss of the use of both lower extremities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02110112 
~ac. 
LD 1732 
LR 2567(02) 
An Act To Amend Certain Provisions of the Fish and Wildlife Laws 
Fiscal Note for Bill as Amended by Committee Amendment "A" .:5- ~9 \ 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
Decreases the number of Class E crimes and civil violations. 
A reduction in fines will decrease General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Current law allows residents suffering from the loss of both lower extremities to receive a special antlerless deer 
permit and allows resident youth and student groups to fish for 3 days without a license. This legislation extends both 
of these provisions to nonresidents and would result in a minor loss of General Fund revenue not requiring any change 
to the budget. 
LR2567(02) - Fiscal Note - Page 1 of 1