An Act To Correct and Clarify Maine's Fish and Wildlife Laws
Maine Legislature, Session 127, LD 1196
Committee: Inland Fisheries and Wildlife
Sponsors: DAVIS, SHAW, DUTREMBLE, ALLEY, COREY, CRAFTS, DANA, HILLIARD, LYFORD, REED
Amends: 12 MRSA §10152, 12 MRSA §10853, 12 MRSA §10952, 12 MRSA §10953, 12 MRSA §11106, 12 MRSA §11108-B, 12 MRSA §11109, 12 MRSA §11403, 12 MRSA §12152, 12 MRSA §12204, 12 MRSA §13051, 12 MRSA §13105, 12 MRSA §13156, 12 MRSA §13157-A, 12 MRSA §13159

Legislative Document 
No. 1196 
S.P. 423 
In Senate, April 2, 2015 
An Act To Correct and Clarify Maine's 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. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator DAVIS of Piscataquis. 
Cosponsored by Representative SHAW of Standish and 
Senator: DUTREMBLE of York, Representatives: ALLEY of Beals, COREY of Windham, 
CRAFTS of Lisbon, DANA of the Passamaquoddy Tribe, HILLIARD of Belgrade, LYFORD 
of Eddington, REED of Carmel. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §10152, as affected by PL 2003, c. 614, §9 and amended by c. 
655, Pt. B, §32 and affected by §422, is repealed. 
Sec. 2.  12 MRSA §10853, sub-§11, as amended by PL 2013, c. 408, §8, 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. 
Each applicant's disability and needs must be reviewed in consultation with the disabled 
hunter, trapper and angler advisory committee established in section 10152 by the 
department 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 with a disability 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. 3.  12 MRSA §10952, sub-§1, as amended by PL 2013, c. 236, §1, is further 
amended to read: 
1.  Hunting with a bow and arrow or a crossbow.  A person may, except as 
otherwise provided in this Part, hunt any wild bird or wild animal with a hand-held bow 
and arrow or a crossbow during any open season on that bird or animal if the person 
holds a valid archery hunting license and may, except as otherwise provided in this Part, 
hunt any wild bird or wild animal with a crossbow during any open season on that bird or 
animal if the person holds a valid big game archery license or big game hunting license 
and a valid crossbow hunting license.  
Sec. 4.  12 MRSA §10953, sub-§2, as enacted by PL 2005, c. 419, §2 and 
affected by §12, is repealed. 
Sec. 5.  12 MRSA §10953, sub-§3 is enacted to read: 
3.  Crossbow requirements.  A crossbow that is used to hunt under this section must 
meet the following requirements. 
A.  The crossbow must have a shoulder-type stock.  A hand-held pistol-type 
crossbow may not be used. 
B.  The draw weight of the crossbow may not be less than 100 pounds. 
C.  The arrowhead, including a mechanical broadhead when open, must be at least 
7/8 inch in width. 
D.  A crossbow arrow that has an explosive or poisonous tip may not be used. 
E.  The crossbow must be equipped with a mechanical trigger safety device in 
working condition. 
F.  The crossbow may be equipped with a scope or sight. 
Sec. 6.  12 MRSA §11106, sub-§1, ¶A, as amended by PL 2013, c. 139, §2, is 
further amended to read: 
A.  A resident or nonresident 16 years of age or older who has satisfied the 
requirements of subsection 2 or holds an apprenticeship hunter license, or who is 
exempt under subsection 3, may obtain an archery hunting license to hunt with bow 
and arrow in accordance with section 10952 from the commissioner or the 
commissioner's authorized agent. 
Sec. 7.  12 MRSA §11108-B, sub-§1-A, ¶A, as enacted by PL 2013, c. 538, §19, 
is amended to read: 
A.  "Adult supervisor" means a person who is 18 years of age or older and holds a 
valid Maine adult hunting license under this subchapter. 
Sec. 8.  12 MRSA §11109, sub-§3, ¶F, as repealed and replaced by PL 2013, c. 
538, §22, is amended to read: 
F.  A nonresident junior hunting license, for a person 10 years of age or older and 
under 16 years of age, is $34.  Notwithstanding the permit fees established in 
subchapter 3, a nonresident junior hunting license includes all permits, stamps and 
other permissions needed to hunt at no additional cost.  A nonresident junior hunting 
license does not exempt the holder of the license from lottery-related application 
requirements under this Part. 
Sec. 9.  12 MRSA §11403, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is repealed. 
Sec. 10.  12 MRSA §12152, sub-§3, as amended by PL 2005, c. 117, §2, is 
further amended to read: 
3.  Issuance.  The commissioner may issue a permit to a person permitting the 
possession and use of wildlife with the following exceptions. 
A.  A propagation, rearing and sale permit does not authorize the permittee to 
possess, propagate or sell deer, bear, moose, wild turkey, hybrid wild turkey or wild 
turkey-domestic turkey cross nor does it authorize the permittee to possess, propagate 
or sell any wild animal taken in accordance with section 11601 12401, 12402 or 
11602 12404. 
B.  A  commercial exhibition permit does not authorize the permittee to import any 
species of wild turkey, hybrid wild turkey or wild turkey-domestic turkey cross or the 
eggs of these species. 
C.    A general possession permit does not authorize the permittee to possess, 
propagate or sell deer, bear, moose, wild turkey, hybrid turkey or wild turkey-
domestic turkey cross nor does it authorize the permittee to possess, propagate or sell 
any wild animal taken in accordance with section 11601 12401, 12402 or 11602 
12404. 
D.    A rehabilitation permit does not authorize the permittee to possess, propagate or 
sell any wild animal taken in accordance with section 11601 12401, 12402 or 11602 
12404. 
Sec. 11.  12 MRSA §12204, sub-§1, ¶B, as amended by PL 2013, c. 538, §34, is 
further amended to read: 
B.  "Adult supervisor" means a person who is 18 years of age or older and holds or 
has held a valid adult trapping license under this subchapter for the prior 3 
consecutive years or has successfully completed a trapper education course of the 
type described in section 10108, subsection 7. 
Sec. 12.  12 MRSA §13051, sub-§2, ¶C, as amended by PL 2011, c. 533, §7, is 
further amended to read: 
C.  An agent is delinquent if that agent fails to forward to the commissioner funds 
collected by that agent by the date established in rules adopted under this subsection.  
Failure to remit the funds as provided in this subsection results in the following 
sanctions, in addition to any other provided by law. 
(2)  If the agent has not paid the amount owed by the 60th day after the agent 
becomes delinquent, the commissioner shall assess a surcharge of 5% of the 
principal amount owed. 
(3)  If an agent is delinquent for more than 150 days or is delinquent 3 or more 
times in one year, the commissioner shall: 
(a)  Terminate the agency for the balance of the year; and 
(b)  Order that the agency not be renewed for the next year; 
Sec. 13.  12 MRSA §13105, sub-§1, ¶C, as amended by PL 2011, c. 533, §10, is 
further amended to read: 
C.  An agent is delinquent if that agent fails to forward to the commissioner funds 
collected by that agent by the date established in rules adopted under this subsection.  
Failure to remit the funds as provided in this subsection results in the following 
sanctions, in addition to any other provided by law. 
(2)  If the agent has not paid the amount owed by the 60th day after the agent 
becomes delinquent, the commissioner shall assess a surcharge of 5% of the 
principal amount owed. 
(3)  If an agent is delinquent for more than 150 days or is delinquent 3 or more 
times in one year, the commissioner shall: 
(a)  Terminate the agency for the balance of the year; and 
(b)  Order that the agency not be renewed for the next year. 
Sec. 14.  12 MRSA §13156, sub-§2, ¶B, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is repealed. 
Sec. 15.  12 MRSA §13157-A, sub-§5, as enacted by PL 2003, c. 655, Pt. B, 
§414 and affected by §422, is repealed. 
Sec. 16.  12 MRSA §13157-A, sub-§15, as enacted by PL 2003, c. 655, Pt. B, 
§414 and affected by §422, is repealed. 
Sec. 17.  12 MRSA §13157-A, sub-§25, ¶A, as amended by PL 2009, c. 340, 
§24, is further amended to read: 
A.  Except as provided in section 13159, a person may not: 
(1)  Operate an ATV that is not equipped at all times with an effective and 
suitable muffling device on its engine to effectively deaden or muffle the noise of 
the exhaust; 
(2)  Operate or modify an ATV with an exhaust system that has been modified in 
any manner that will increase the noise emitted above the following emission 
standard: 
(a)  Each ATV must meet noise emission standards of the United States 
Environmental Protection Agency and in no case exceed 96 decibels of sound 
pressure when measured from a distance of 20 inches using test procedures 
established by the commissioner; or 
(3) Operate an ATV without a working spark arrester. 
Sec. 18.  12 MRSA §13159, as repealed and replaced by PL 2005, c. 397, Pt. E, 
§27, is amended to read: 
§13159.  Racing meets 
Notwithstanding section 13155 and section 13157-A, subsection 15, subsection 16, 
paragraph A, subsection 17 and subsection 25, ATVs used exclusively for scheduled 
racing meets and operated solely on predefined race courses are exempt from the 
provisions of this chapter concerning registration, mufflers, snorkel kits and lights during 
the time of operation at these meets and at all prerace practices at the location of the 
meets. 
SUMMARY 
This bill makes the following changes to the laws governing fish and wildlife. 
1.  It eliminates the disabled hunter, trapper and angler advisory committee and a 
reference to that committee. 
2.  It provides that a person must hold a valid archery hunting license to hunt with a 
hand-held bow and arrow during any open season on a bird or animal and that a person 
must hold a valid big game archery license or big game hunting license and a valid 
crossbow hunting license to hunt with a crossbow during any open season on a bird or 
animal. 
3.  It enacts in the statutes certain requirements regulating the use of crossbows and 
eliminates the maximum draw weight for crossbows of 200 pounds. 
4.  It amends the supervisory requirements for apprentice hunter licenses and 
apprentice trapper licenses.  It specifies that the holder of an apprentice hunter license 
must hunt in the presence of a person who is 18 years of age or older and who holds a 
valid adult hunting license and specifies that the holder of an apprentice trapper license 
must trap in the presence of a person that has held a valid adult trapper license for the 
prior 3 years. 
5.  It specifies that a nonresident junior hunting license includes all permits, stamps 
and other permissions needed to hunt at no additional cost. 
6.  It corrects cross-references to statutory provisions that authorize the taking of 
wildlife that attack domestic animals, destroy property or cause damage to crops or 
orchards. 
7.  It eliminates language imposing a 5% surcharge on agents who fail to pay the 
amount owed the State for watercraft registration, snowmobile registration and all-terrain 
vehicle registration. 
8.  It repeals the provision of current law that prohibits a person from operating an 
all-terrain vehicle on a private road after being forbidden to do so by the owner or a 
municipal official.