An Act To Prohibit the Unauthorized Harvesting of Wild Mushrooms and Fiddleheads
Maine Legislature, Session 126, LD 0421
Committee Amendment CA_A_H351 (House)
Amends: 12 MRSA §8841, 12 MRSA §8842-A, 12 MRSA §8844, 12 MRSA §8847

COMMITTEE AMENDMENT "A" to H.P. 293, L.D. 421, Bill, "An Act To 
Prohibit the Unauthorized Harvesting of Wild Mushrooms and Fiddleheads" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit the Unauthorized Harvesting of Wild Mushrooms' 
Amend the bill by striking out all of section 1. 
Amend the bill by striking out all of sections 2 to 5 and inserting the following: 
'Sec. 2. 12 MRSA §8841, sub-§4 is enacted to read: 
4. 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 ef~ evergreen boughs or wild mushrooms 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 ef~ boughs or wild mushrooms 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; 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A" to H.P. 293, L.D. 421 
(3) The value of the trees er~ boughs or wild mushrooms 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 er~ boughs or wild mushrooms 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 er~ evergreen boughs or wild mushrooms without 
written permission or a bill of sale from the owner of the land where the trees er~ 
evergreen boughs or wild mushrooms were harvested or that owner's authorized 
agents. Violation ofthis paragraph is a Class E crime; or 
B. Violate paragraph A when: 
(1) The value of the trees er~ boughs or wild mushrooms 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 er~ boughs or wild mushrooms 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 er~ boughs or wild mushrooms 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 
er~ evergreen boughs or wild 
mushrooms to show: 
A. If engaged in cutting or harvesting trees er~ boughs or wild mushrooms 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A" to H.P. 293, L.D. 421 
purposes trees, loose or in bundles, 91' boughs, loose or baled, or wild mushrooms. A 
driver shall carry this pennit 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 91', evergreen boughs or wild mushrooms until 
proof of ownership has been established. If no proof of ownership has been established, 
the officer shall try to detennine where those trees 91' .. boughs or wild mushrooms were 
cut or harvested and notify the landowner. If the owner does not want the trees 91' .. 
boughs or wild mushrooms, or ownership cannot be determined, the State may dispose of 
them and any money derived from the disposition of the trees aM .. boughs sl:ialt or wild 
mushrooms must be paid to the landowner, if hi5 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 illflseetiofls inspections, investigations, arrests 
and disposals of trees aM, boughs or wild mushrooms under this Article.' 
Amend the bill in section 7 in the 4th and 5th lines (page 3, lines 31 and 32 in L.D.) 
by striking out the following: "boughs, wild mushrooms and fiddleheads" and inserting 
the following: 'boughs and wild mushrooms' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SU~y 
. 
This amendment is the minority report. It removes fiddleheads from the title of the 
bill. The amendment deletes from the bill prohibitions against commercially harvesting 
fiddleheads without written permission or a bill of sale from the landowner. 
The 
amendment also deletes from the bill the definition of "fiddlehead." 
FISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/13 
~aC!-
LD421 
LR 1064(02) 
An Act To Prohibit the Unauthorized Harvesting of Wild Mushrooms and Fiddleheads 
Fiscal Note for Bill as Amended by Committee Amendment 'A' ( H -35~ 
. 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class B, Class C, Class D and Class E crimes; increases correctional and judicial costs, 
The collection of additional fines may also increase General Fund revenue by minor amounts, 
,. 
LR1064(02) - Fiscal Note - Page 1 of 1