An Act To Amend Certain Provisions of the Fish and Wildlife Laws
Maine Legislature, Session 126, LD 1435
Committee: Inland Fisheries and Wildlife
Sponsors: SHAW, HASKELL, BRIGGS, ESPLING, KUSIAK, DUTREMBLE
Amends: 12 MRSA §10105, 12 MRSA §10151, 12 MRSA §10853, 12 MRSA §11105, 12 MRSA §11106, 12 MRSA §11106-A, 12 MRSA §11251, 12 MRSA §11401, 12 MRSA §11852, 12 MRSA §12202, 12 MRSA §13056

Legislative Document 
No. 1435 
H.P. 1024 
House of Representatives, April 23, 2013 
An Act To Amend Certain Provisions of the Fish and Wildlife Laws 
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SHAW of Standish. 
Cosponsored by Senator HASKELL of Cumberland and 
Representatives: BRIGGS of Mexico, ESPLING of New Gloucester, KUSIAK of Fairfield, 
Senator: DUTREMBLE of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §10105, sub-§2, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §20 and affected by §422, is repealed. 
Sec. 2.  12 MRSA §10105, sub-§§15 and 16 are enacted to read: 
15.  Commissioner's authority to terminate hunting, fishing or trapping season.  
The commissioner, after consultation with the Governor and the advisory council and by 
proclamation of the Governor, may terminate an open season for hunting, fishing or 
trapping at any time in any area if, in the commissioner’s opinion, an immediate 
emergency action is necessary due to adverse weather conditions or unlawful hunting, 
fishing or trapping activity.  If a section of the State is closed to hunting, fishing or 
trapping pursuant to this subsection, the commissioner, following the annulment of the 
proclamation of the Governor, with the consent of the Governor may extend the open 
season in that section of the State for a period of days not to exceed the number of days 
lost due to the termination proclamation. 
16.  Hunting and fishing adventure permits for children.  In addition to the 
permits issued by the commissioner pursuant to section 11154, subsection 13, in 
extenuating circumstances the commissioner may issue up to 2 additional permits or 
licenses for other hunting or fishing adventures to a nonprofit organization dedicated to 
providing hunting and fishing adventures to children under 21 years of age with life-
threatening, critical or terminal illnesses. 
Sec. 3.  12 MRSA §10151, sub-§§7 to 9 are enacted to read: 
7.  Quorum.  A quorum is a majority of the current members of the advisory council. 
8.  Advisory council actions. An affirmative vote of a majority of the members of 
the advisory council present at a meeting or polled is required for any action. 
9.  Attendance at meetings.  If a member of the advisory council is not present for 3 
consecutive meetings, that member may be replaced. 
Sec. 4.  12 MRSA §10853, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
6.  Members of Armed Forces domiciled in State.  A member of the Armed Forces 
of the United States on active duty who is permanently stationed outside of the State may 
be issued a combination fishing and, hunting license and trapping licenses for an amount 
equal to the administrative costs associated with issuing the a license as determined by 
the department.  Administrative costs do not include agent fees. To qualify, the member 
of the Armed Forces of the United States must show proof that that member's home of 
record, as recorded in that person's service records, is Maine.  That person may purchase 
all other licenses or permits at resident fees.  The license is valid during the year of issue.  
That person's spouse and children may purchase hunting and fishing licenses at reduced 
rates.  The reduced fees are as follows: 
A.  Twenty dollars, plus the issuing fee for a combination fishing and hunting license; 
B.  Ten dollars, plus the issuing fee for a hunting license; and 
C.  Ten dollars, plus the issuing fee for a fishing license.; and 
D.  Ten dollars, plus the issuing fee for a trapping license. 
Sec. 5.  12 MRSA §10853, sub-§11, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §93 and affected by §422, is further amended to read: 
11.  Permits to accommodate permanent physical disabilities.  The commissioner 
may issue a special permit to a person with a permanent physical disability that includes 
special authorization that allows that person to hunt, trap or fish at times or in a manner 
otherwise prohibited by this Part in order to enhance access to hunting, trapping and 
fishing opportunities.  No laws or rules may be waived except as are necessary to effect 
this subsection.  A permit may be issued under this subsection only if: 
A.  The applicant provides the commissioner with a letter signed by a licensed 
physician clearly stating the nature of that person's disability, the permanence of the 
disability and the extent to which the disability affects that person's ambulatory 
ability or endurance; use of one or both hands, arms or legs; or sight or hearing; 
B.  The commissioner determines that the permanent physical disability prevents that 
person from safely accessing hunting, trapping or fishing opportunities at the times or 
in the manner allowed by this Part or by rules adopted pursuant to this Part; and 
C.  The person meets all other requirements for issuance of that permit and related 
licensing requirements and is not otherwise ineligible for that permit. 
Prior to making a determination of eligibility under this subsection, the commissioner or 
the commissioner's agent shall meet with the applicant in person at a location chosen by 
the commissioner to discuss the applicant's needs.  Each applicant's disability and needs 
must be reviewed in consultation with the disabled hunter, trapper and angler advisory 
committee established in section 10152 and a determination made regarding the special 
authorization that may be made to enhance the applicant's access to fishing, hunting and 
trapping opportunities.  A permit issued under this subsection must be signed by the 
commissioner and include a clear and specific description of the activities authorized by 
that permit.  The disabled person shall carry the permit whenever that person is hunting, 
trapping or fishing, and the permit must be presented to a game warden or other law 
enforcement officer upon request.  No laws or rules may be waived except as are 
necessary to effect this subsection. 
The commissioner may authorize only the minimum special exceptions necessary to 
overcome the applicant's disability and allow that applicant to safely hunt, trap or fish.  
This does not authorize the commissioner to issue special exceptions that endanger public 
safety.  A permit issued under this subsection does not authorize a person to exceed the 
allowable bag or size limits for any fish or wildlife species; to fish for or take a fish or 
wildlife species for which a license is not otherwise issued; to fish for, trap or hunt a fish 
or wildlife species more than 7 days before the opening or more than 7 days after the 
closing of the regular open season for that species; or to fish, trap or hunt in any area 
permanently closed to those activities by state law or rule. 
Sec. 6.  12 MRSA §11105, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
1.  Hunter safety course requirements.  A person who applies for a Maine license 
to hunt with firearms other than a juvenile license must submit proof of having 
successfully completed a hunter safety course as provided in section 10108 or an 
equivalent hunter safety course or satisfactory evidence of having previously held an a 
valid adult license to hunt with firearms in this State or any other state, province or 
country in any year beginning with 1976. 
When proof of competency can not otherwise be provided, the applicant may substitute a 
signed affidavit that the applicant has previously held the required adult hunting license 
or that the applicant has successfully completed the required hunter safety course. 
Sec. 7.  12 MRSA §11106, sub-§2, as amended by PL 2007, c. 203, §2, is further 
amended to read: 
2.  Archery hunter education requirements.  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 a valid 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. 
Sec. 8.  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 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 valid adult archery and valid 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. 
Sec. 9.  12 MRSA §11251, sub-§1, ¶¶C and D, as enacted by PL 2003, c. 414, 
Pt. A, §2 and affected by c. 614, §9, are repealed. 
Sec. 10.  12 MRSA §11401, sub-§1, ¶¶C and D, as enacted by PL 2003, c. 414, 
Pt. A, §2 and affected by c. 614, §9, are repealed. 
Sec. 11.  12 MRSA §11852, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by c. 614, §9, is repealed. 
Sec. 12.  12 MRSA §12202, first ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
A resident and a member of the resident's immediate family, as long as the trapper's 
license to trap is not under suspension or revocation, may trap for wild animals, except 
beaver, without a trapping license issued under section 12201 on land: 
Sec. 13.  12 MRSA §13056, sub-§3-A is enacted to read: 
3-A.  Antique motorboat registration fee.  Notwithstanding subsection 2, a resident 
who owns a motorboat that is more than 50 years old and that is powered by a motor that 
is at least 50 years old may register that motorboat under this subsection as an antique 
motorboat. 
A.  An antique motorboat registration authorizes that motorboat to be operated only 
for the purpose of traveling to, returning from and participating in an exhibition, 
parade or other permitted event or for occasional personal use.  It may not be used for 
commercial purposes and may not be the resident’s primary mode of transportation. 
B.  The fee for an antique motorboat registration is $33. An antique motorboat 
registration is valid until the ownership of that antique motorboat is transferred to 
another person.  Upon the transfer of ownership, the new owner may reregister that 
motorboat as an antique motorboat by paying the $33 fee. 
C.  A motorboat registered as an antique motorboat must display the prefix "ME 
ANT" followed by the registration number displayed in accordance with subsection 
12. 
D.  A resident who operates an antique motorboat on inland waters is subject to the 
requirements of section 13058. 
E.  The Secretary of State may determine the age of the motorboat by serial number, 
documentation or affidavit. 
SUMMARY 
This bill amends the fish and wildlife laws in the following ways. 
1.  It allows the Commissioner of Inland Fisheries and Wildlife, after consultation 
with the Governor and the Inland Fisheries and Wildlife Advisory Council, to terminate 
any open season for hunting, fishing or trapping in any part of the State due to adverse 
weather conditions or unlawful activity.  Once the reason for the termination has passed, 
the commissioner, with the consent of the Governor, may extend the open season in the 
affected part of the State for a number of days not to exceed the number of days hunting, 
fishing or trapping was prohibited. 
2.  It allows the commissioner, in addition to current authorization to issue 2 moose 
permits to a nonprofit organization providing hunting and fishing adventures to children 
under 21 years of age, to issue, in extenuating circumstances, 2 other permits or licenses 
for other fishing or hunting adventures. 
3.  It removes the requirement that the commissioner or the commissioner’s designee 
meet with an applicant with a permanent physical disability seeking special authorization 
to hunt, trap or fish in a manner not otherwise authorized. 
4.  It allows a resident or member of the resident’s family to trap beaver on land that 
is owned and occupied by the resident as a domicile and that is used exclusively for 
agricultural purposes. 
5.  It provides for the registration of antique motorboats, which are boats that are 
more than 50 years old.  
6.  It allows a resident who is in the military stationed outside of the State to get a 
trapping license for the cost of the license to the department and allows the spouse and 
children of that resident in the military to get a reduced-fee trapping license. 
7.  It establishes a quorum and attendance requirements for the Inland Fisheries and 
Wildlife Advisory Council. 
8.  It clarifies that a person can forgo a hunter education safety course by showing 
proof that the person has previously held a valid adult license for the license being 
sought.