An Act To Prohibit the Unauthorized Harvesting of Wild Mushrooms and Fiddleheads
Maine Legislature, Session 126, LD 0421
Committee: Agriculture, Conservation and Forestry
Sponsors: BLACK, SHERMAN, CRAFTS, CRAY, GIFFORD, JONES, KUMIEGA, LONG, NOON, TIMBERLAKE
Amends: 12 MRSA §8841, 12 MRSA §8842-A, 12 MRSA §8844, 12 MRSA §8847, 22 MRSA §2175

Legislative Document 
No. 421 
H.P. 293 
House of Representatives, February 14, 2013 
An Act To Prohibit the Unauthorized Harvesting of Wild 
Mushrooms and Fiddleheads 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BLACK of Wilton. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: CRAFTS of Lisbon, CRAY of Palmyra, GIFFORD of Lincoln, JONES of 
Freedom, KUMIEGA of Deer Isle, LONG of Sherman, NOON of Sanford, TIMBERLAKE of 
Turner. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §8841, sub-§4 is enacted to read: 
4.  Fiddlehead.  "Fiddlehead" means the coiled frond of the ostrich fern, or 
Matteuccia struthiopteris, that is harvested for commercial purposes. 
Sec. 2.  12 MRSA §8841, sub-§5 is enacted to read: 
5.  Wild mushroom.  "Wild mushroom" means a mushroom that is harvested for 
commercial purposes in the wild.  "Wild mushroom" does not include a cultivated 
mushroom that is grown, harvested, processed and packaged by a commercial 
organization. 
Sec. 3.  12 MRSA §8842-A, as enacted by PL 2003, c. 452, Pt. F, §40 and affected 
by Pt. X, §2, is amended to read: 
§8842-A.  Owner's permission required 
1.  Cutting or harvesting prohibited.  A person may not: 
A.  Cut or harvest Christmas trees or, evergreen boughs, wild mushrooms or 
fiddleheads on land of another without securing written permission or a bill of sale 
from the owner or the owner's authorized agents.  Only one such permit is needed per 
work crew.  Violation of this paragraph is a Class E crime; or 
B.  Violate paragraph A when: 
(1)  The value of the trees or, boughs, wild mushrooms or fiddleheads is more 
than $10,000.  Violation of this subparagraph is a Class B crime; 
(2)  The person is armed with a dangerous weapon at the time of the offense.  
Violation of this subparagraph is a Class B crime; 
(3)  The value of the trees or, boughs, wild mushrooms or fiddleheads is more 
than $2,000 but not more than $10,000.  Violation of this subparagraph is a Class 
C crime; 
(4)  The value of the trees or, boughs, wild mushrooms or fiddleheads is more 
than $1,000 but not more than $2,000.  Violation of this subparagraph is a Class 
D crime; or 
(5)  The person has 2 prior Maine convictions for any combination of the 
following:  theft; any violation of Title 17-A, section 401 in which the crime 
intended to be committed inside the structure is theft; any violation of Title 17-A, 
section 651; any violation of Title 17-A, section 702, 703 or 708; or attempts 
thereat.  Title 17-A, section 9-A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class C crime. 
2.  Transport prohibited.  A person may not: 
A.  Transport Christmas trees or, evergreen boughs, wild mushrooms or fiddleheads 
without written permission or a bill of sale from the owner of the land where the trees 
or, evergreen boughs, wild mushrooms or fiddleheads were harvested or that owner's 
authorized agents. Violation of this paragraph is a Class E crime; or 
B.  Violate paragraph A when: 
(1)  The value of the trees or, boughs, wild mushrooms or fiddleheads is more 
than $10,000.  Violation of this subparagraph is a Class B crime; 
(2)  The person is armed with a dangerous weapon at the time of the offense.  
Violation of this subparagraph is a Class B crime; 
(3)  The value of the trees or, boughs, wild mushrooms or fiddleheads is more 
than $2,000 but not more than $10,000.  Violation of this subparagraph is a Class 
C crime; 
(4)  The value of the trees or, boughs, wild mushrooms or fiddleheads is more 
than $1,000 but not more than $2,000.  Violation of this subparagraph is a Class 
D crime; or 
(5)  The person has 2 prior Maine convictions for any combination of the 
following:  theft; any violation of Title 17-A, section 401 in which the crime 
intended to be committed inside the structure is theft; any violation of Title 17-A, 
section 651; any violation of Title 17-A, section 702, 703 or 708; or attempts 
thereat.  Title 17-A, section 9-A governs the use of prior convictions when 
determining a sentence.  Violation of this subparagraph is a Class C crime. 
3.  Inspections and investigations.  An officer authorized to make inspections and 
investigations under this article may require of any person, firm or corporation engaged in 
cutting, harvesting or transporting Christmas trees or, evergreen boughs, wild mushrooms 
or fiddleheads to show: 
A.  If engaged in cutting or harvesting trees or, boughs, wild mushrooms or 
fiddleheads belonging to another, a current written permit or bill of sale issued 
pursuant to subsection 1, paragraph A; and 
B.  If engaged in transportation, a current written permit, bill of sale, port of entry 
statement or other written proof of ownership when transporting for commercial 
purposes trees, loose or in bundles, or boughs, loose or baled, wild mushrooms or 
fiddleheads.  A driver shall carry this permit on the driver's person or in the vehicle. 
4.  Remedies not exclusive.  Prosecution under this section does not preclude the 
civil remedy available under Title 14, section 7552. 
5.  Strict liability.  Violation of this section is a strict liability crime as defined in 
Title 17-A, section 34, subsection 4-A. 
Sec. 4.  12 MRSA §8844, as repealed and replaced by PL 1983, c. 507, §2, is 
amended to read: 
§8844.  Seizure or attachment 
Any officer authorized to make inspections, investigations or arrests under this 
Article may seize and hold Christmas trees or, evergreen boughs, wild mushrooms or 
fiddleheads until proof of ownership has been established.  If no proof of ownership has 
been established, the officer shall try to determine where those trees or, boughs, wild 
mushrooms or fiddleheads were cut or harvested and notify the landowner.  If the owner 
does not want the trees or, boughs, wild mushrooms or fiddleheads, or ownership cannot 
be determined, the State may dispose of them and any money derived from the 
disposition of the trees and, boughs shall, wild mushrooms or fiddleheads must be paid to 
the landowner, if his the landowner's identity can be established and, otherwise, to the 
Treasurer of State to be credited to the General Fund. 
Sec. 5.  12 MRSA §8847, as repealed and replaced by PL 1983, c. 507, §4, is 
amended to read: 
§8847.  Enforcement agencies 
State police, county sheriffs, municipal law enforcement officers, state forest rangers 
and game wardens are authorized to make inpsections inspections, investigations, arrests 
and disposals of trees and, boughs, wild mushrooms and fiddleheads under this Article. 
Sec. 6.  22 MRSA §2175, sub-§3, as amended by PL 2011, c. 587, §1, is further 
amended to read: 
3.  Refusal to certify; revocation of certification.  The Department of Health and 
Human Services may decline to certify any person adjudged to have violated Title 12, 
chapter 805, subchapter 3, article 2 or determined to lack the appropriate training to 
safely harvest, broker or sell wild mushrooms, in accordance with recommendations of 
the Maine Wild Mushroom Harvesting Advisory Committee under subsection 5 and rules 
adopted by the Department of Health and Human Services pursuant to this section.  The 
Department of Health and Human Services may revoke, in accordance with the Maine 
Administrative Procedure Act, the certification of any person in accordance with 
recommendations of the Maine Wild Mushroom Harvesting Advisory Committee and 
rules adopted by the Department of Health and Human Services pursuant to this section, 
or any person adjudged to have violated Title 12, chapter 805, subchapter 3, article 2. 
Sec. 7.  Maine Revised Statutes headnote amended; revision clause.  In the 
Maine Revised Statutes, Title 12, chapter 805, subchapter 3, article 2, in the article 
headnote, the words "transportation or cutting of christmas trees" are amended to read 
"transportation, cutting or harvesting of christmas trees, evergreen boughs, wild 
mushrooms and fiddleheads" and the Revisor of Statutes shall implement this revision 
when updating, publishing or republishing the statutes. 
SUMMARY 
The purpose of this bill is to protect woodland owners by requiring anyone harvesting 
wild mushrooms or fiddleheads commercially to have written permission or a bill of sale 
from the landowner before harvesting or transportation.  The permission requirements 
and enforcement provisions of this bill are the same as currently exist in Maine law for 
commercial harvesting of Christmas trees and boughs for wreaths.  The bill also 
authorizes the Department of Health and Human Services to decline to certify or revoke 
the certification under the Maine Wild Mushroom Harvesting Certification Program of 
any person found in violation of the prohibition.