An Act To Clarify and Enhance Maine's Wildlife Laws
Maine Legislature, Session 128, LD 1580
Committee: Inland Fisheries and Wildlife
Sponsors: WOOD
Amends: 12 MRSA §10053, 12 MRSA §10055, 12 MRSA §11152, 12 MRSA §12152, 12 MRSA §12156, 12 MRSA §12158, 12 MRSA §12704

Legislative Document
No. 1580
H.P. 1087
House of Representatives, May 4, 2017
An Act To Clarify and Enhance Maine's 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.
ROBERT B. HUNT
Clerk
Presented by Representative WOOD of Greene.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §10053, sub-§9, as amended by PL 2009, c. 340, §4, is further 
amended to read: 
9.  Rules.  The development of rules governing the effective management of the 
inland fisheries and wildlife resources of the State; and 
Sec. 2.  12 MRSA §10053, sub-§10, as enacted by PL 2009, c. 340, §5, is 
amended to read: 
10.  Land acquisition.  The acquisition and development of land for the protection, 
preservation and enhancement of inland fisheries and wildlife resources.; and 
Sec. 3.  12 MRSA §10053, sub-§11 is enacted to read: 
11.  Resource planning.  The coordination with other resource management staff to 
develop both short-term and long-term plans for the preservation, protection, 
enhancement and use of inland fisheries and wildlife resources. The bureau shall 
undertake activities as directed by the commissioner. 
Sec. 4.  12 MRSA §10055, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by Pt. D, §7 and c. 614, §9, is repealed. 
Sec. 5.  12 MRSA §11152, sub-§1-A, as amended by PL 2011, c. 253, §18, is 
further amended to read: 
1-A.  Antlerless deer in wildlife management districts with no permits issued.  
Except as otherwise provided in this Part, a person may not hunt or possess an antlerless 
deer in a wildlife management district or a portion of a wildlife management district that 
does not have permits issued.  A person may possess in one of those districts an antlerless 
deer that has been lawfully registered in another district where permits have been issued. 
A person that violates this subsection commits a Class D crime for which a minimum fine 
of $1,000 must be imposed, and the court shall impose a sentencing alternative involving 
a term of imprisonment of at least 3 days, none of which may be suspended. 
Sec. 6.  12 MRSA §11152, sub-§2-A is enacted to read: 
2-A.  Authority to regulate taking of antlerless deer in certain areas within 
wildlife management districts where no permits are issued.  The commissioner may 
by rule issue permits in a designated geographical area within a wildlife management 
district where no antlerless deer permits are issued to maintain balanced deer populations. 
A designated geographical area under this subsection may consist of an entire town or 
other area but must have a demarcation of the area that follows recognizable physical 
boundaries such as rivers, roads and railroad rights-of-way. 
Sec. 7.  12 MRSA §12152, sub-§1-B is enacted to read: 
1-B.  Exemption.  Notwithstanding subsection 1-A, a reptile, amphibian or 
invertebrate that is native to the State and not listed by the department as threatened, 
endangered or of special concern may be captured from the wild in the State and 
possessed without a permit. Possession limits for each species are as follows: 
A.  Amphibians, up to 5 specimens of each species; 
B.  Reptiles, up to 2 specimens of each species; and 
C.  Invertebrates, no specimen limits. 
If an animal captured under this subsection is released back into the wild, the animal must 
be released in or near the same location where the animal was captured. Importation into 
the State of a reptile, amphibian or invertebrate exempted under this subsection is 
prohibited without a permit. Exhibition, propagation or export or sale for commercial 
purposes is prohibited without a permit. 
Sec. 8.  12 MRSA §12152, sub-§3, as repealed and replaced by PL 2015, c. 494, 
Pt. A, §8, is amended to read: 
3.  Issuance.  The commissioner may issue a permit under paragraphs E to J to a 
person permitting the introduction, importation, possession and use of wildlife in 
accordance with the provisions of subsection 5. 
E.  A one-year game bird propagation permit authorizes the permittee to possess 
pheasants, quail, Chukar partridge or Hungarian partridge for the purpose of 
propagating, breeding or rearing for consumption, sale or release. 
F.  A 3-day hold game bird propagation permit authorizes the permittee to possess 
pheasants, quail, Chukar partridge or Hungarian partridge for the purpose of 
consumption, sale or release.  A permit issued under this paragraph remains valid for 
one year and allows the permittee to have multiple 3-day holds for newly possessed 
birds. 
G.  A rehabilitation permit authorizes the permittee to possess debilitated or orphaned 
wildlife for the purpose of restoration to full health and release to the wild or humane 
euthanasia.  It may also authorize the importation into the State of native wildlife 
species for the purposes of rehabilitation. 
H.  An importation permit authorizes the permittee to import wildlife into the State. 
I.  An exhibitor permit authorizes the permittee to keep wildlife, except wolf hybrids 
as defined in Title 7, section 3907, subsection 30, in captivity for commercial 
exhibition or attracting trade. 
J.  A possession permit authorizes the permittee to possess restricted species for 
purposes of serious professional or avocational husbandry, personal use, research or 
education. 
Sec. 9.  12 MRSA §12152, sub-§3-B, as enacted by PL 2015, c. 374, §7, is 
amended to read: 
3-B.  Application fees.  Each applicant for a permit to introduce or import fish or 
wildlife into or possess fish or wildlife in the State shall submit a written application in 
the form required by the commissioner.  The application must be accompanied by a 
nonrefundable application fee as follows: 
A.  Propagation One-year game bird propagation permit, $27; 
A-1.  Three-day hold game bird propagation permit, $27; 
B.  Commercial exhibition or attracting trade Exhibitor permit, $250; 
C.  Personal use, $27; 
D.  Rehabilitation permit, no fee; 
E.  Importation permit, $250; and 
F.  Possession permit, $250;. 
G.  Professional or vocational husbandry, $27; and 
H.  Therapy or aid to disabled persons, $27. 
Sec. 10.  12 MRSA §12152, sub-§4, as amended by PL 2015, c. 374, §8, is 
further amended to read: 
4.  Permit fees.  Permit fees and terms are as follows: 
A.  Propagation One-year game bird propagation permit, $27 every 2 calendar years; 
A-1.  Three-day hold game bird propagation permit, $27; 
B.  Commercial exhibition or attracting trade Exhibitor permit, $147 every 2 calendar 
years; 
C.  Personal use, $27 every 2 calendar years; 
D.  Rehabilitation permit, renewable every 2 calendar years, no fee; 
E.  Importation permit, $27; and 
F.  Possession permit, $27 every 2 calendar years;. 
G.  Professional or vocational husbandry, $27 every 2 calendar years; and 
H.  Therapy or aid to disabled persons, $27 every 2 calendar years. 
Sec. 11.  12 MRSA §12156, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by Pt. D, §7 and c. 614, §9, is amended to read: 
§12156.  Release of wildlife into wild 
1.  Permit required.  Except as otherwise authorized pursuant to this Part, a person 
may not release into the wild captive, raised or imported wild birds or wild animals 
wildlife unless that person has a valid permit issued under this section.  Each day a person 
violates this subsection that person commits a Class E crime for which a minimum fine of 
$50 and an amount equal to twice the applicable license fee must be imposed. 
2.  Issuance.  The commissioner may issue a written permit to any person permitting 
that person to release into the wild captive, raised or imported wild birds and wild 
animals wildlife. 
3.  Wild turkey restrictions.  Only the commissioner or agents of the commissioner 
may sell, give away or release into the wild any live wild turkey, hybrid wild turkey, wild 
turkey-domestic turkey cross or fertile egg of these species. 
Sec. 12.  12 MRSA §12158, sub-§4, as affected by PL 2003, c. 614, §9 and 
repealed and replaced by c. 655, Pt. B, §206 and affected by §422, is repealed. 
Sec. 13.  12 MRSA §12704, as amended by PL 2015, c. 374, §12, is further 
amended to read: 
§12704.  Permit to hunt, trap, possess, band and transport wildlife for educational 
or scientific purposes 
The commissioner may issue a permit to any person, permitting that person to hunt, 
trap, possess, band and transport wild animals and wild birds wildlife for educational or 
scientific purposes.  A permit is not required to hunt, trap, possess, band and transport an 
invertebrate that is not listed by the department as endangered, threatened or of special 
concern. 
SUMMARY 
This bill: 
1.  Moves the planning functions of the Department of Inland Fisheries and Wildlife 
from the Division of Planning, which no longer exists, to the Bureau of Resource 
Management; 
2.  Allows a person to capture and possess reptiles, amphibians and invertebrates 
native to this State and not listed by the department as threatened, endangered or of 
special concern without a permit, within certain possession limits; 
3.  Clarifies the purpose for each type of captive wildlife permit issued by the 
department and the issuance of 3-day hold game bird propagation permits and one-year 
game bird propagation permits and establishes fees for those permits; 
4.  Clarifies that the provision of law regarding release of wildlife into the wild 
applies to birds, mammals, reptiles, amphibians and invertebrates; 
5.  Eliminates the requirement to band imported pheasants; and 
6.  Gives the Commissioner of Inland Fisheries and Wildlife the authority to open a 
town or a designated geographical area to the taking of antlerless deer within a wildlife 
management district that does not allow the taking of antlerless deer.