An Act To Amend Certain Provisions of Maine Fish and Wildlife Laws
Maine Legislature, Session 125, LD 1084
Committee Amendment CA_A_S245 (Senate)
Amends: 12 MRSA §10052-A, 12 MRSA §10155, 12 MRSA §12260, 12 MRSA §12457, 12 MRSA §12551-A, 12 MRSA §12708

COMMITTEE AMENDMENT "A" to S.P. 317, L.D. 1084, Bill, "An Act To 
Amend Certain Provisions of Maine 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, the Department of Inland Fisheries and Wildlife has recently conducted a 
moose survey that indicates the State's moose population has been increasing and could 
sustain additional hunting opportunities; and 
Whereas, the lottery drawing for the 2011 moose permits takes place in June and 
the authorization to issue more moose permits needs to take effect before the drawing; 
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 all of section 2 and inserting the following: 
'Sec.2. 12 MRSA §10052-A is enacted to read: 
§100S2-A. Division of Engineering 
The Division of Engineering is established within the Department of Inland Fisheries 
and Wildlife. The division is equal in organizational level and status with other major 
organizational units within the department or its successors. The division is administered 
by a director who is immediately responsible to the deputy commissioner. The director 
possesses full authority and responsibility for administering all the powers and duties of 
the division, subject to the direction of the commissioner and except as otherwise 
provided by statute. The responsibilities of the division include the design, maintenance 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 317, L.D. 1084 
and repair of department-owned facilities, including the preparation of a capital 
improvement plan to be printed in the budget document. 
Sec. 3. 12 MRSA §10155, sub-§l, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
1. Membership. Members of the board must be residents of the State. The board 
consists of the following ~ 1. members: 
A. 
Two employees of the department, appointed by the commissioner one of whom 
may be a retired employee who has experience in taxidermy; 
B. +we One licensed taxidermists taxidermist with expertise in the art of taxidermy, 
appointed by the Governor; and 
C. 
One member of the general public with no affiliation to the art of taxidermy, 
appointed by the Governor.' 
Amend the bill in section 3 in subsection 1 in the 3rd line (page 1, line 31 in L.D.) by 
inserting after the following: "currency" the following: 'used in violation of this Part' 
Amend the bill in section 6 in paragraph B in subparagraph (2) in the blocked 
paragraph in the last line (page 2, line 38 in L.D.) by inserting after the following: "stand" 
the following: '. For purposes of this subparagraph, "observation stand" does not include 
a portable blind utilized at ground level that remains in the physical possession of the 
hunter' 
Amend the bill in section 7 in subsection 11 in the 4th line (page 3, line 7 in L.D.) by 
striking out the following: "or could result" and inserting the following: 'in a serious 
injury or' 
Amend the bill in section 11 by striking out all of paragraph D (page 3, lines 30 to 36 
in L.D.) and inserting the following: 
'D. For a resident 70 years of age or older. A For a person who holds a valid senior 
lifetime license under this section upon turning at any time during the calendar year 
that person turns 70 years of age may obtain at no cost, that lifetime license includes 
all hunting permits and licenses authorized in this Part and may renew at no cost a 
guide license under section 12853. A person who is 70 years of age or older may 
purchase a senior lifetime license that entitles the holder to all the privileges 
described in this paragraph for a one-time $8 fee.' 
Amend the bill in section 12 by striking out all of subsection 5 and inserting the 
following: 
'5. 
Hunting license revocation or suspension for endangerment or harm to 
another. The commissioner may bring a complaint in the District Court seeking to 
revoke or suspend the current hunting license or the privilege to obtain a hunting license 
of any person whom the commissioner reasonably believes to have killed, wounded or 
recklessly endangered the safety of another human being while hunting in this State or 
another jurisdiction. The District Court shall revoke or suspend the person's license or 
privilege for a period of at least 5 years if the court finds that the person, while hunting, 
has killed, wounded or recklessly endangered the safety of another human being and the 
public safety will be endangered by the person's retention of that license or privilege. For 
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COMMITTEE AMENDMENT" A" to S.P. 317, L.D. 1084 
the purpose of this subsection, "recklessly" has the same meaning as that set out in Title 
l7-A, section 35, subsection 3. 
A. 
A person whose hunting license has been revoked or suspended or whose right 
to hunt or the right to obtain a hunting license has been denied under this subsection, 
may, after the expiration of one year from the date of the revocation or suspension, 
petition the commissioner for restoration of the person's privilege to procure such a 
license. 
B. 
The commissioner, after hearing, may restore the petitioner's privilege if the 
commissioner determines that the public safety will not be endangered by restoring 
that privilege. 
C. 
If the commissioner disallows the petition and thereby refuses to grant the 
restoration of the privilege, the petitioner may appeal to the commissioner's advisory 
council, which, after hearing on the petition, may allow it and restore the privilege.' 
Amend the bill by striking out all of section 20. 
Amend the bill in section 23 in § 12159 in subsection 2 in the 2nd line (page 7, line 5 
in L.D.) by striking out the following: "resale" and inserting the following: 'resale sale' 
Amend the bill by striking out all of section 24 and inserting the following: 
'Sec. 24. 12 MRS A §12161 is enacted to read: 
§12161. Taking of certain nonmarine invertebrates from the wild for commercial 
purposes 
1. Prohibition; penalties. Except as provided in this section, a person may not take 
and possess certain nonmarine invertebrates, specifically freshwater mussels, butterflies, 
moths, dragonflies or beetles, from the wild for export, sale or commercial purposes. 
A. A person who violates this subsection 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 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. Commercial nonmarine invertebrate permit. Persons harvesting freshwater 
mussels, butterflies, moths, dragonflies or beetles for export, sale or commercial purposes 
are required to obtain a permit from the commissioner. 
3. Rules. The commissioner may by rule: 
A. Require reporting of commercial harvest activities, including at a minimum dates, 
locations and numbers collected by species; 
B. Establish daily and season possession limits; 
C. Establish a fee schedule to implement a permit system under this section; and 
D. Require humane harvest, confinement and disposal methods. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT " A" to S.P. 317, L.D. 1084 
Amend the bill in section 25 in subsection 3 by striking out all of the first paragraph 
(page 8, lines 5 to 7 in L.D.) and inserting the following: 
'3. Nonresident trapping beaver. A nonresident may not trap beaver in this State 
unless that nonresident's state or province of residency allows Maine residents to trap 
beaver in that state or province.' 
Amend the bill by inserting after section 25 the following: 
'Sec. 26. 12 MRSA §12260, sub-§3, ,B, as enacted by PL 2003, c. 414, Pt. A, 
§2 and affected by c. 614, §9, is amended to read: 
B. 
A person may not set a bear trap other than a cable trap, uHless it cOHforms to the 
followiHg specificatioHs or a cage-type trap as authorized by the commissioner. 
(1) The trap must be eHcloseEl by at least 2 straHEls of wire, oHe straBEl 2 feet from 
the grOUHEl aBEl one straBd 4 feet frOiH the grOUHEl. 
(2) The wire must be securely helEl iH position. 
(3) The wire must be Hot less thaB 5 yarEls Hor more thaB 10 yards at aHY point 
from the eHclosed trap. 
(4) The trap enclosure must be marked by substantial signs 'tVith the words 
"BEAR TRAP" in letters not less thaB 3 iHches iH height. 
(5) The signs must be spaced around each enclosure at intervals of not more than 
feet. 
(6) Each sign must be securely fasteHed to the top straBd of wire. 
Sec. 27. 12 MRSA §12457, sub-§I, as amended by PL 2009, c. 550, §8, is 
further amended to read: 
1. Closed waters. Except as the commissioner may by rule provide and as provided 
in subsection 2, the following waters are closed to fishing: 
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: 
(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 
downstream mouth of the fishway is closed to fishing at all times: 
(a) East Grand Lake Dam in Forest City Township, T9 R4 NBPP, except 
that fishing upstream from the dam at the top of the fishway is lawful; 
(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; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 317, L.D. 1084 
(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, TlR7, 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, Chain of Ponds Dam in Chain of Ponds 
Township in Franklin County ef~ Long Pond Dam in Seven Ponds Township in 
Franklin County, Beaver Pond Dam in Seven Ponds Township in Franklin 
County and Little Island Pond Dam in Seven Ponds Township in Franklin 
County; 
B. 
All waters within 200 feet of any fish hatchery or rearing station; and 
C. 
The property owned by the Unity Utilities District located on Route 139 and 
Prairie Road in the municipality of Unity in Waldo County. 
For purposes of this subsection, "operational" means a fishway capable of fish passage 
whether or not it is allowing the passage of fish at any given time.' 
Amend the bill by inserting after section 27 the following: 
'Sec. 28. 12 MRSA §12551-A, sub-§9-A is enacted to read: 
9-A. Record inspection. Records retained as required in this section must be open 
for inspection by the commissioner or the commissioner's agent.' 
Amend the bill by inserting after section 30 the following: 
'Sec. 31. 12 MRSA §12708, sub-§I, ~, as amended by PL 2007, c. 463, §7, is 
further amended to read: 
B. The following areas are classified as state-owned wildlife management areas, or 
"WMAs": 
(1) 
Blanchard/AuClair WMA (Roach River Corridor) - Tl R14 WELS -
Piscataquis County; 
(2) Brownfield WMA - Brownfield, Denmark, Fryeburg - Oxford County; 
(3) 
George Bucknam WMA (Belgrade Stream) - Mt. Vernon - Kennebec 
County; 
(4) Caesar Pond WMA - Bowdoin - Sagadahoc County; 
(5) Chesterville WMA - Chesterville - Franklin County; 
(6) Coast of Maine WMA - all state-owned coastal islands that are owned or 
managed by the Department of Inland Fisheries and Wildlife; 
(7) Dickwood Lake WMA - Eagle Lake - Aroostook County; 
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COMMITTEE AMENDMENT" A" to S.P. 317, L.D. 1084 
(8) Francis D. Dunn WMA (Sawtelle Deadwater) - T6 R7 WELS - Penobscot 
County; 
(9) Fahi Pond WMA - Embden - Somerset County; 
(10) Lyle Frost WMA (formerly Scammon) - Eastbrook, Franklin - Hancock 
County; 
(11) 
Alonzo H. Garcelon WMA (Mud Mill Flowage) - Augusta, Windsor, 
Vassalboro, China - Kennebec County; 
(12) Great Works WMA - Edmunds Township - Washington County; 
(13) 
Jamies Pond WMA - Manchester, Farmingdale, Hallowell - Kennebec 
County; 
(14) Jonesboro WMA - Jonesboro - Washington County; 
(15) Earle R. Kelley WMA (Dresden Bog) - Alna, Dresden - Lincoln County; 
(16) Kennebunk Plains WMA - Kennebunk - York County; 
(17) Bud Leavitt WMA (Bull Hill) - Atkinson, Charleston, Dover-Foxcroft, 
Garland - Penobscot County and Piscataquis County; 
(18) Gene Letourneau WMA (Frye Mountain) - Montville, Knox, Morrill -
Waldo County; 
(19) Long Lake WMA - St. Agatha - Aroostook County (all of Long Lake within 
the Town of st. Agatha); 
(20) Madawaska WMA - Palmyra - Somerset County; 
(20-A) Maine Youth Conservation WMA - T32MD - Hancock County; 
(21) Mainstream WMA - Cambridge, Ripley - Somerset County; 
(22) 
Lt. Gordon Manuel WMA - Hodgdon, Cary Plantation, Linneus -
Aroostook County; 
(23) 
Maynard F. Marsh WMA (Killick Pond) - Hollis, Limington - York 
County; 
(24) Mercer Bog WMA - Mercer - Somerset County; 
(25) 
Merrymeeting Bay WMA - Dresden, Bowdoinham, Woolwich, Bath, 
Topsham - Lincoln County and Sagadahoc County; 
(26) Morgan Meadow WMA - Raymond - Cumberland County; 
(27) Mt. Agamenticus WMA - York, South Berwick - York County; 
(28) Muddy River WMA - Topsham - Sagadahoc County; 
(29) Narraguagus Junction WMA - Cherryfield - Washington County; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 317, L.D. 1084 
(30) Old Pond Farm WMA - Maxfield, Howland - Penobscot County; 
(31) Orange River WMA - Whiting - Washington County; 
(32) Peaks Island WMA - Portland - Cumberland County; 
(33) Pennamaquam WMA - Pembroke, Charlotte - Washington County; 
(34) Steve Powell WMA - Perkins Township - Sagadahoc County (being the 
islands in the Kennebec River near Richmond known as Swan Island and Little 
Swan Island, formerly known as Alexander Islands); 
(35) David Priest WMA (Dwinal Pond) - Lee, Winn - Penobscot County; 
(36) James Dorso Ruffingham Meadow WMA - Montville, Searsmont - Waldo 
County; 
(37) St. Albans WMA - St. Albans - Somerset County; 
(38) Sandy Point WMA - Stockton Springs - Waldo County; 
(39) Scarborough WMA - Scarborough, Old Orchard Beach, Saco - Cumberland 
County and York County; 
(40) Steep Falls WMA - Standish, Baldwin - Cumberland County; 
(41) Tyler Pond WMA - Manchester, Augusta - Kennebec County; 
(42) Vernon S. Walker WMA - Newfield, Shapleigh - York County; 
(43) R. Waldo Tyler Weskeag Marsh WMA - South Thomaston, Thomaston, 
Rockland, Owl's Head, Friendship - Knox County; 
(43-A) 
Kennebec River Estuary WMA - Arrowsic, Bath, Georgetown, 
Phippsburg, West Bath, Woolwich - Sagadahoc County; 
(43-B) Tolla Wolla WMA - Livermore - Androscoggin County; 
(43-C) Green Point WMA - Dresden - Lincoln County; 
(43-D) Hurds Pond WMA - Swanville - Waldo County; 
(43-E) Sherman Lake WMA - Newcastle, Damariscotta - Lincoln County; 
(43-F) Ducktrap River WMA - Belmont, Lincolnville - Waldo County; aH6 
(44) 
Such other areas as the commissioner designates, by rules adopted in 
accordance ',lAth section 12701, as state ovmed wildlife management areas. 
(45) Stump Pond WMA - New Vineyard - Franklin County; 
(46) Bog Brook WMA - Beddington, Deblois - Washington County; 
(47) Cobscook Bay WMA - Lubec, Pembroke, Perry, Trescott Township -
Washington County; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A"to S.P. 317, L.D. 1084 
(48) Mattawamkeag River System WMA - Drew Plantation, Kingman Township, 
Prentiss Township, Webster Township - Penobscot County; 
(49) Booming Ground WMA - Forest City - Washington County; 
(50) Butler Island WMA - Ashland - Aroostook County; 
(51) Pollard Flat WMA - Masardis - Aroostook County; 
(52) Caribou Bog WMA - Old Town, Orono - Penobscot County; 
(53) Delano WMA - Monson - Piscataquis County; 
(54) Egypt Bay WMA - Hancock - Hancock County; 
(55) Spring Brook WMA - Hancock - Hancock County; 
(56) Strong WMA - Strong - Franklin County; 
(57) Plymouth Bog WMA - Plymouth - Penobscot County; and 
(58) 
Such other areas as the commissioner designates, by rules adopted in 
accordance with section 12701, as state-owned wildlife management areas.' 
Amend the bill by adding after section 33 the following: 
'Sec. 34. Issuance of additional moose permits for the 2011 moose hunting 
season. The Commissioner of Inland Fisheries and Wildlife is authorized to increase the 
number of moose hunting pennits available for the 2011 moose hunting season as long as 
that increase is based on the most recent moose population data and will not jeopardize 
the viability of the moose population in this State. 
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, which is the majority report, does the following: 
1. It makes the newly established Division of Engineering equal in organizational 
level to the other divisions and bureaus within the Department of Inland Fisheries and 
Wildlife; 
2. It clarifies that currency used in the violation of a fish and wildlife law is 
contraband and subject to seizure by law enforcement; 
3. It clarifies that a portable blind used on the ground that remains in the physical 
possession of the hunter is not considered a portable observation stand for purposes of 
landowner pennission; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" Pc" to S.P. 317, L.D. 1084 
4. It amends the section of the bill regarding a person who holds a valid senior 
lifetime license and turns 70 years of age to remove the word "entitled" and provides that 
all hunting licenses and permits are included in the lifetime license at that time; 
5. It clarifies that the Commissioner of Inland Fisheries and Wildlife may bring a 
complaint in the District Court seeking to revoke or suspend the current hunting license 
or the privilege to obtain a hunting license of a person who the commissioner has reason 
to believe has killed, wounded or recklessly endangered the safety of another person 
while hunting regardless of where the incident took place; 
6. It provides that a person must obtain a permit from the commissioner to harvest 
nonmarine invertebrates for commercial purposes; 
7. It makes changes to the membership of the Advisory Board for the Licensing of 
Taxidermists; 
8. It adds 2 dams to the list of dams at which fishing in or from the fishway is 
prohibited and provides a definition of an operational fishway; 
9. 
It allows the cage-type trap for trapping bears and removes the statutory 
requirements for marking bear traps; 
10. It requires that records retained by smelt or baitfish dealers be open for inspection 
by the Commissioner of Inland Fisheries and Wildlife; 
11. It establishes 13 more state-owned wildlife management areas; and 
12. 
It authorizes the Commissioner of Inland Fisheries and Wildlife to Issue 
additional moose hunting permits for the 2011 moose hunting season. 
FISCAL i\OTE REQClRED 
. 
(See attached) 
~-""-....-.---
COMMITTEE AMENDMENT 
Approved: 06/01111 
;!;?ac:.. 
LD 1084 
LR 622(02) 
An Act To Amend Certain Provisions of Maine Fish and Wildlife Laws 
Fiscal Note for Bill as Amended by Committee Amendment "A" 8- 2.",,5 
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 new Class E crimes and civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department ofInland Fisheries and Wildlife associated with rulemaking can be absorbed with 
existing staff and within existing budgeted resources. General Fund revenue may increase by a minor amount from 
the new commercial nonmarine invertebrate permit established in the bill. 
LR0622(02) - Fiscal Note - Page 1 of 1