An Act To Exempt Members of the Penobscot Nation, the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians and the Aroostook Band of Micmacs from Special Training Requirements for Archery and Trapping
Maine Legislature, Session 126, LD 0306
Committee: Inland Fisheries and Wildlife
Sponsors: MITCHELL, CAIN, CHAPMAN, CHIPMAN, GOODE, MOONEN, PEOPLES, SOCTOMAH, VEROW, VILLA
Amends: 12 MRSA §11106, 12 MRSA §11106-A, 12 MRSA §12201

Legislative Document 
No. 306 
H.P. 215 
House of Representatives, February 7, 2013 
An Act To Exempt Members of the Penobscot Nation, the 
Passamaquoddy Tribe, the Houlton Band of Maliseet Indians and 
the Aroostook Band of Micmacs from Special Training 
Requirements for Archery and Trapping 
(EMERGENCY) 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MITCHELL of the Penobscot Nation. 
Cosponsored by Senator CAIN of Penobscot and 
Representatives: CHAPMAN of Brooksville, CHIPMAN of Portland, GOODE of Bangor, 
MOONEN of Portland, PEOPLES of Westbrook, SOCTOMAH of the Passamaquoddy Tribe, 
VEROW of Brewer, VILLA of Harrison. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, trapping animals and hunting animals with bows are a part of the cultural 
practices of Maine's Indian tribes and have been for uncounted generations; and 
Whereas, requiring members of these tribes to undertake special archery or trapping 
training in order to obtain licenses to hunt or trap is an intrusion on these cultural 
practices; and 
Whereas, these unnecessary requirements need to be removed immediately in order 
to recognize and protect these cultural practices; 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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §11106, sub-§2, as amended by PL 2007, c. 203, §2, is further 
amended to read: 
2.  Archery hunter education requirements.  A Except as provided in paragraph A, 
a person who applies for an archery hunting license other than a junior hunting license or 
an apprenticeship hunter license must submit proof of having successfully completed an 
archery hunter education course as described in section 10108 or an equivalent archery 
hunter education course or satisfactory evidence of having previously held an adult 
archery hunting license issued specifically for the purpose of hunting with bow and arrow 
in this State or any other state, province or country in any year after 1979. 
When proof or evidence can not be otherwise provided, the applicant may substitute a 
signed affidavit that the applicant has previously held the required adult archery hunting 
license or has successfully completed the required archery hunter education course. 
A.  A person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot 
Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs 
who presents certification from the respective reservation governor or the Aroostook 
Micmac Council stating that the person is an enrolled member of a federally 
recognized nation, band or tribe listed in this paragraph is exempt from the 
requirements of this subsection. 
Sec. 2.  12 MRSA §11106-A, sub-§3, as amended by PL 2007, c. 203, §4, is 
further amended to read: 
3.  Crossbow hunter education requirements.  A Except as provided in paragraph 
A, a person who applies for a crossbow hunting license other than a junior hunting license 
or an apprenticeship hunter license must submit proof of having successfully completed 
an archery hunting education course and a crossbow hunting course as described in 
section 10108 or equivalent crossbow and archery hunting education courses or 
satisfactory evidence of having previously held adult archery and crossbow hunting 
licenses issued specifically for the purpose of hunting with a crossbow or bow and arrow 
in this State or any other state, province or country in any year after 1979. 
When proof or evidence cannot be otherwise provided, the applicant may substitute a 
signed affidavit that the applicant has previously held the required adult crossbow and 
archery hunting license or has successfully completed the required crossbow and archery 
hunting education courses. 
A.  A person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot 
Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs 
who presents certification from the respective reservation governor or the Aroostook 
Micmac Council stating that the person is an enrolled member of a federally 
recognized nation, band or tribe listed in this paragraph is exempt from the 
requirements of this subsection. 
Sec. 3.  12 MRSA §12201, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
3.  Successful completion of trapper evaluation program required for license.  A 
Except as provided in paragraph A, a person who applies for a state license to trap, other 
than a junior license, must submit proof of having successfully completed an education 
course of the type described in section 10108, subsection 7 or satisfactory evidence of 
having previously held an adult license to trap in this State or any other state, province or 
country in any year beginning with 1978. 
When proof or evidence can not otherwise be provided, the person may substitute a 
signed affidavit that that person has previously held the required adult trapping license or 
that that person has successfully completed the required trapper education course. 
A.  A person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot 
Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs 
who presents certification from the respective reservation governor or the Aroostook 
Micmac Council stating that the person is an enrolled member of a federally 
recognized nation, band or tribe listed in this paragraph is exempt from the 
requirements of this subsection. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill exempts an enrolled member of the Passamaquoddy Tribe, the Penobscot 
Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs from 
the archery, crossbow and trapping training requirements for obtaining an archery hunting 
license, a crossbow hunting license or a trapping license.