An Act To Clarify and Enhance Maine's Wildlife Laws
Maine Legislature, Session 128, LD 1580
Committee Amendment CA_A_H425 (House)
Amends: 7 MRSA §1809, 12 MRSA §11109-A, 12 MRSA §12055, 12 MRSA §12101, 12 MRSA §12103, 12 MRSA §12151, 12 MRSA §12152, 12 MRSA §12158, 12 MRSA §12159, 12 MRSA §12161, 12 MRSA §12704, 12 MRSA §12705

COMMITTEE AMENDMENT" A" to H.P. 1087, L.D. 1580, Bill, "An Act To 
Clarify and Enhance Maine's Wildlife Laws" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 7 MRSA §1809, sub-§1, as amended by PL 2007, c. 128, § 1, is further 
amended to read: 
1. Permit required. The commissioner may require a person who imports animals 
or avian hatching eggs into the State to obtain a permit before the time of entry. When a 
permit is required, the permit or permit number must accompany the shipment. The 
commissioner may refuse to grant a pennit or may issue one subject to quarantine at 
destination if the animals or avian hatching eggs do not meet importation requirements or 
do not comply with the inland fisheries and wildlife laws and rules adopted by the 
Commissioner of Inland Fisheries and Wildlife under Title 12, chapter 915, subchapter 15 
or Title 12, section 12102 Of 12704. The commissioner may require the owner to have 
those animals or avian hatching eggs tested or examined by a veterinarian at the owner's 
expense. The commissioner may release those animals or avian hatching eggs from 
quarantine only after the commissioner is satisfied that they are not a disease threat to 
other animals or humans. 
When an animal or avian hatching egg is brought into the State without a required permit, 
the commissioner or the Commissioner of Inland Fisheries and Wildlife may condemn 
the animal and order it euthanized without indemnity or condemn the avian hatching egg 
and order it destroyed without indemnity. For purposes of this section, "avian hatching 
egg" means an egg of a bird species that is fertile and handled, transported and stored in a 
manner that maintains its viability. "Avian hatching egg" does not include fertile eggs 
marketed for human consumption.' 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. 12 MRSA §11109-A, sub-§4, ,iF, as enacted by PL 2007, c. 163, §1 and 
affected by §3, is amended to read: 
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F. A license under chapter 927; or 
Sec. 6. 12 MRSA §11109-A, sub-§4, ,G, as enacted by PL 2007, c. 163, §1 and 
affected by §3, is repealed.' 
Amend the bill by inserting after section 6 the following: 
'Sec. 7. 12 MRSA §12055, sub-§2, 1A, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read: 
A. The licensee may hold, at the time and place stated in the license, a field trial for 
spotting dogs for the purpose of demonstrating the skill of the dogs in finding, 
tracking, flushing, pointing or retrieving dead or wounded wild birds. 
Sec. 8. 12 MRSA §12101, sub-§1-C is enacted to read: 
1-C. Prohibition; remote-control hunting. An owner or operator of a commercial 
shooting area may not use a website, or a service or business via any other means, that 
permits a person to hunt or attempt to hunt a wild animal or wild bird that is located in 
this State through the use of a computer-controlled gun, shooting apparatus or any other 
remote-control device when the person using the website, service or business is 
physically removed from the immediate vicinity of the wild animal or wild bird. A person 
who violates this subsection commits a Class E crime. 
Sec. 9. 12 MRSA §12103, as enacted by PL 2005, c. 81, §3, is repealed. 
Sec, 10. 12 MRSA §12151, sub-§1, as amended by PL 2015, c. 374, §2, is 
further amended to read: 
1. Prohibition. A person may not keep wildlife in captivity except as provided 
under section 10105, subsection 10, sections 12102, 12152, and 12157, 12158 and 12704 
and Title 7, section 1809 or except if the wild animal was purchased from a dealer or pet 
shop licensed under Title 7, section 3933. 
Sec. 11. 12 MRSA §12152, sub-§1-A, as enacted by PL 2015, c. 374, §5, is 
amended to read: 
1-A. Permit required. Except as otherwise provided in this Part, a person may not 
import wildlife into or possess wildlife in the State or receive or possess wildlife imported 
into the State. The department shall maintain a list of unregulated fish and wildlife 
species for which a permit under this section is not required that is available to the public. 
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 permit fee must be 
imposed. The commissioner may grant a permit to introduce, impo1t, transport, receive 
or possess fish or gametes in accordance with the provisions of section 12509.' 
Amend the bill in section 7 in subsection 1-B by striking out all of the blocked 
paragraph (page 2, lines 8 to 12 in L.D.) and inserting the following: 
'Animals captured under this subsection must be kept in a manner that does not permit 
contact between those animals and any other animal that is not naturally present in the 
wild in this State. 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 
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COMMITTEE AMENDMENT ,A" to H.P. 1087, L.D. 1580 
under this subsection is prohibited without a permit. Exhibition, propagation or export or 
sale for commercial purposes is prohibited without a permit. A person may not export, 
sell or otherwise use for commercial purposes any animal captured under this subsection 
unless the person holds an applicable permit for that use.' 
Amend the bill by striking out all of sections 8 and 9 and inserting the following: 
'Sec. 8. 12 MRSA §12152, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
2. Affected species. Except as otherwise provided in this Part, this section applies to 
the possession of any wildlife regulated by the State that is held in captivity and to the 
importation of wildlife from an area outside the State, including: 
A. All species listed under state law as threatened or endangered; 
B. All species other than those listed in paragraph A not included on a list of 
unregulated, nonnative species that is maintained by the commissioner to facilitate 
the issuance of importation permits; and 
C. Species identified in rules adopted by the commissioner. 
The commissioner may adopt rules that classify wildlife into categories as described in 
subsection 3-D for purposes of determining applicable fees under this section. The rules 
must, at a minimum, include the list of unrestricted, nonnative species as provided in 
paragraph B, a categ01y of wildlife that is endangered or threatened or presents a risk to 
humans. a category of wildlife that requires special housing or care and a categoty of 
prohibited species for which a permit is not issued under any circumstances. 
Sec. 9. 12 MRSA §12152, sub-§3-B, as enacted by PL 2015, c. 374, §7, is 
repealed. 
Sec. 10. 12 MRSA §12152, sub-§3-D is enacted to read: 
3-D. Permit types; application fees; permit fees. An applicant for a permit under 
this section shall submit a written application on a form specified by the commissioner. 
The application must be accompanied by the applicable nonrefundable application fee. 
The following permits may be issued by the commissioner: 
A. A category 1 restricted species importation permit, which allows the holder to 
import wildlife that is endangered or threatened or presents a risk to humans into the 
State. The following fees apply to a permit under this paragraph: 
(1) Application fee. $250; and 
(2) Permit fee, $27; 
B. A category 1 restricted species exhibition permit, which allows the holder to 
exhibit wildlife for commercial purposes that is endangered or threatened or presents 
a risk to humans or that requires special housing or care. A category 1 restricted 
species exhibition permit does not allow the holder to exhibit wolf hybrids, as defined 
in Title 7. section 3907, subsection 30. A category 1 restricted species exhibition 
permit expires 2 years from the date of issuance. The following fees apply to a permit 
under this paragraph: 
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COMMITI'EEAMENDMENT'~ "toH.P.1087,L.D.1580 
(1) Application fee, $250; and 
(2) Permit fee, $150; 
C. A category 2 restricted species importation permit, which allows the holder to 
import wildlife that requires special housing or care. The following fees apply to a 
permit under this paragraph: 
(1) Application fee, $100; and 
(2) Permit fee, $27; 
D. A category 2 restricted species possession pennit, which allows the holder to 
possess wildlife that requires special housing or care. A category 2 restricted species 
possession petmit expires 2 years from the date of issuance. The following fees apply 
to a permit under this paragraph: 
(1) Application fee, $27; and 
(2) Permit fee, $27; 
E. A wildlife rehabilitation permit. which allows the holder to possess debilitated or 
orphaned wildlife and rehabilitate that wildlife and release it into the wild as soon as 
the wildlife is rehabilitated or euthanize that wildlife in accordance with humane 
euthanization procedures if rehabilitiation and release are not possible. A wildlife 
rehabilitation permit is available at no cost and expires 2 years from the date of 
issuance; 
F. A research permit, which allows the holder to import and possess wildlife that is 
endangered or threatened or presents a risk to humans or that requires special housing 
or care to conduct scientific research or to use for educational purposes. A research 
permit is available at no cost and expires 2 years from the date of issuance; and 
G. An educational and scientific collection permit, which allows the holder to hunt. 
trap, possess. band and transport wildlife from within the State for educational or 
scientific purposes. An educational and scientific permit is not required to hunt, trap. 
possess. band or transport an invertebrate that is not listed by the department as 
endangered, threatened or of special concern. An educational and scientific collection 
petmit is available at no cost and expires one year from the date of issuance.' 
Amend the bill by striking out all of section 10 and inserting the following: 
'Sec. 10. 12 MRSA §12152, sub-§4, as amended by PL 2015, c. 374, §8, is 
repealed.' 
Amend the bill by striking out all of sections 12 and 13 and inserting the following: 
'Sec. 12. 12 MRSA §12158, as amended by PL 2003, c. 655, Pt. B, §206 and 
affected by §422 and amended by PL 2011, c. 657, Pt. W, §5, is repealed. 
Sec. 13. 12 MRSA §12159, sub-§2, as amended by PL 2011, c. 253, §23, is 
further amended to read: 
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COMMITTEE AMENDMENT" A" to H.P. 1087, L.D. 1580 
2. Commercial amphibian permit. Persons harvesting amphibians for purposes of 
sale are required to obtain a permit from the commissioner. The fee for a permit issued 
under this subsection is $2 7. The permit expires one year from the date of issuance. 
Sec. 14. 12 MRSA §12159, sub-§3, as amended by PL 2011, c. 253, §23, is 
further amended to read: 
3. 
Rules. 
The commissioner shall adopt rules pertaining to harvest methods, 
confinement and disposal of amphibians. The commissioner may by rule: 
A. Require reporting of harvest activities; 
B. Establish a season, including daily and season possession limits; and 
C. Establish requirements for humane harvest, confinement and disposal methodst 
arui~ 
D. Establish a fee sohedale to implement a permit system mider this seotioa. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 15. 12 MRSA §12161, sub-§2, as enacted by PL 2011, c. 253, §24, is 
amended to read: 
2. Commercial nonmarine invertebrate permit. Persons harvesting freshwater 
mussels, butterflies, moths, dragonflies or beetles for export, sale or commercial purposes 
are required to obtain a permit from the commissioner. The fee for a permit issued under 
this subsection is $27. The permit expires one year from the date of issuance. 
Sec. 16. 12 MRSA §12161, sub-§3, ~' as enacted by PL 2011, c. 253, §24, is 
amended to read: 
B. Establish daily and season possession limits; and 
Sec. 17. 12 MRSA §12161, sub-§3, ,re, as enacted by PL 2011, c. 253, §24, is 
repealed. 
Sec. 18. 12 MRSA §12704, as amended by PL 2015, c. 374, §12, is repealed. 
Sec. 19. 12 MRSA §12705, sub-§1, as amended by PL 2015, c. 374, §13, is 
further amended to read: 
1. Civil violation. Notwithstanding seetioo sections 10650 and 12152, a person who 
violates a rule regulating educational or scientific collection permits commits a civil 
violation for which a fine of not less than $100 nor more than $500 may be adjudged.' 
Amend the bill by relettering or renumbering any nonconsecutive Patt letter or 
section number to read consecutively. 
SUMMARY 
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This amendment provides that the Commissioner of Inland Fisheries and Wildlife 
may adopt rules that classify wildlife into categories for the purpose of determining 
necessary permits and applicable fees for permits to keep wildlife in captivity. The 
amendment establishes new permits and fees for wildlife in captivity depending upon the 
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COMMlTfEE AMENDMEITT "fa" to H.P. 1087, L.D. 1580 
type of wildlife kept and the purposes for which it is kept. The amendment repeals the 
requirement that a person hold an importation permit for pheasants. This amendment 
establishes fees for commercial amphibian permits and commercial nonmarine 
invertebrate permits of $27 each and provides that those permits expire one year from the 
date of issuance. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/01/17 feac.. 
LD 1580 
LR 692(02) 
An Act To Clarify and Enhance Maine's Wildlife Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'A' [H J./;)., 'J) 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Inland Fisheries and Wildlife from modifications to wildlife laws are 
anticipated to be minor and can be absorbed within existing budgeted resouces. Modifications to the application and 
pennit fee structure for regulated wildlife possesion are expected to result in a minor General Fund revenue increase. 
LR0692(02) - Fiscal Note - Page 1 of 1