An Act To Correct and Clarify Maine's Fish and Wildlife Laws
Maine Legislature, Session 128, LD 1497
Committee: Inland Fisheries and Wildlife
Sponsors: WOOD
Amends: 12 MRSA §10108, 12 MRSA §10851, 12 MRSA §10853, 12 MRSA §10953, 12 MRSA §11107, 12 MRSA §11109, 12 MRSA §11214, 12 MRSA §11251, 12 MRSA §11401, 12 MRSA §11751-A, 12 MRSA §11802, 12 MRSA §12201, 12 MRSA §12204, 12 MRSA §12452, 12 MRSA §12551-A, 12 MRSA §12803, 12 MRSA §12953, 12 MRSA §13106-A, 12 MRSA §13157-A

Legislative Document
No. 1497
H.P. 1030
House of Representatives, April 20, 2017
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.
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 §10108, sub-§5, as amended by PL 2013, c. 408, §4, is further 
amended to read: 
5.  Youth and family programs and activities.  The "Hooked on Fishing Not on 
Drugs" program is Youth and family outdoor recreational programs and activities may be 
established in the department to encourage youth hunting and fishing activities as well as 
shooting sports in the State.  The commissioner may accept money, goods or services 
donated to the department for the "Hooked on Fishing Not on Drugs" program these 
programs and activities.  Money, goods and services accepted by the commissioner under 
this subsection may be used only for program these programs and activities, including 
providing gifts to program participants, and to promote and market the program programs 
and activities.  Gifts may include but are not limited to complimentary hunting and 
fishing licenses, fishing tackle and fishing equipment, gear and tackle. 
Sec. 2.  12 MRSA §10851, sub-§1, ¶D, as amended by PL 2015, c. 281, Pt. C, 
§1, is further amended to read: 
D.  For a resident 70 years of age or older.  For a person who holds a valid senior 
lifetime license under this section at any time during the calendar year that person 
turns 70 years of age, that lifetime license includes all hunting permits and licenses 
authorized in this Part and may renew at no cost a guide license under section 12853.  
A license holder under this paragraph who qualifies to hunt during the special season 
on deer under section 11153 and who meets the eligibility requirements of section 
11106 must be issued have included in that person's license one antlerless deer permit 
and one either-sex permit.  A person who is 70 years of age or older may purchase a 
senior lifetime license that entitles the holder to all the privileges described in this 
paragraph for a one-time $8 fee. 
Sec. 3.  12 MRSA §10853, sub-§4, as amended by PL 2015, c. 281, Pt. C, §3, is 
further amended to read: 
4.  Disabled veteran.  A resident disabled veteran or a nonresident disabled veteran 
who is a resident of New Hampshire or Vermont may obtain upon application, at no cost, 
all hunting, trapping and fishing licenses, including permits, stamps and other permission 
needed to hunt, trap and fish, and, upon meeting the qualifications as established in 
section 12853, subsection 4, a guide license.  A license holder under this subsection who 
qualifies to hunt during the special season on deer under section 11153 and who meets 
the eligibility requirements of section 11106 must be issued have included in that person's 
license one antlerless deer permit and one either-sex permit.  The commissioner shall 
issue all fishing, trapping and hunting licenses and permits requested under this 
subsection if the commissioner determines the applicant is a disabled veteran and is not 
otherwise ineligible to hold that permit or license.  For the purposes of this subsection, 
"disabled veteran" means a person who: 
A.  Is a resident as defined in section 10001, subsection 53 or is a resident of New 
Hampshire or Vermont; 
B.  Is a veteran as defined in Title 37-B, section 505, subsection 2, paragraph A, 
subparagraph (3); and 
C.  Has a service-connected disability evaluated at 50% or more. 
Each application must be accompanied by satisfactory evidence that the applicant meets 
the requirements of this subsection.  An applicant for a license or permit under this 
section is subject to the provisions of this Part, including, but not limited to, a lottery or 
drawing system for issuing a particular license or permit.  A permit or license issued 
under this subsection remains valid for the life of the permit or license holder, as long as 
the permit or license holder continues to satisfy the residency requirement in section 
10001, subsection 53 and the permit or license is not revoked or suspended.  For a 
resident of New Hampshire or Vermont to be eligible under this subsection, that resident's 
state must have a reciprocal agreement with this State. 
Sec. 4.  12 MRSA §10853, sub-§6, as amended by PL 2013, c. 408, §7, is further 
amended to read: 
6.  Members of Armed Forces domiciled in State.  A member of the Armed Forces 
of the United States on active duty who is permanently stationed outside of the State may 
be issued fishing, hunting and trapping licenses for an amount equal to the administrative 
costs associated with issuing a license as determined by the department.  Administrative 
costs do not include agent fees. To qualify, the member of the Armed Forces of the 
United States must show proof that that member's home of record, as recorded in that 
person's service records, is Maine.  That person may purchase all other licenses or permits 
at resident fees.  The license is valid during the year of issue.  That person's spouse and 
children may purchase hunting and, fishing and trapping licenses at reduced rates.  The 
reduced fees are as follows: 
A.  Twenty dollars, plus the issuing fee for a combination fishing and hunting license; 
B.  Ten dollars, plus the issuing fee for a hunting license;  
C.  Ten dollars, plus the issuing fee for a fishing license; and 
D.  Ten dollars, plus the issuing fee for a trapping license. 
Sec. 5.  12 MRSA §10853, sub-§8, as amended by PL 2015, c. 281, Pt. C, §4, is 
further amended to read: 
8.  Members of federally recognized nation, band or tribe.  The commissioner 
shall issue a hunting, trapping and fishing license, including an archery hunting license 
under this chapter, and including all permits, stamps and other permission needed to hunt, 
trap and fish, to a person who is an enrolled member of the Passamaquoddy Tribe, the 
Penobscot Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of 
Micmacs that is valid for the life of that person without any charge or fee pursuant to 
section 11109, if the person presents certification from the respective reservation 
governor or the Aroostook Micmac Council stating that the person described is an 
enrolled member of a federally recognized nation, band or tribe listed in this subsection.  
Holders of these licenses are subject to this Part, including, but not limited to, a lottery or 
drawing system for issuing a particular license or permit.  Members of a federally 
recognized nation, band or tribe listed in this subsection are exempt from the trapper 
evaluation program required for a license under section 12201 and the archery hunter 
education course under section 11106.  A license holder under this subsection who 
qualifies to hunt during the special season on deer under section 11153 and who meets 
the eligibility requirements of section 11106 must be issued have included in that person's 
license one antlerless deer permit and one either-sex permit. 
Sec. 6.  12 MRSA §10953, sub-§1-C, as enacted by PL 2015, c. 42, §1, is 
amended to read: 
1-C.  Hunting with a crossbow; 70 years of age or older.  A person 70 years of age 
or older may hunt a wild bird or a wild animal with a crossbow during any open season 
on that wild bird or wild animal, subject to this Part.  A person 70 years of age or older 
may hunt deer with a crossbow during a regular archery-only season established under 
section 11403 or in an expanded archery zone or during the muzzle-loading-only deer 
hunting season established under section 11404. 
Sec. 7.  12 MRSA §11107, sub-§2, as amended by PL 2015, c. 136, §5 and 
affected by §12, is repealed. 
Sec. 8.  12 MRSA §11109, sub-§3, ¶A, as repealed and replaced by PL 2015, c. 
494, Pt. D, §2, is amended to read: 
A.  A resident junior hunting license, for a person under 16 years of age, is $8 and 
permits hunting of all legal species, subject to the permit requirements in subchapter 
3.  Notwithstanding the permit fees established in subchapter 3, a resident junior 
hunting license includes all permits, stamps and other permissions needed to hunt at 
no additional cost.  A license holder under this paragraph who qualifies to hunt 
during the special season on deer under section 11153 and who meets the eligibility 
requirements of section 11106 must be issued have included in that person's license 
one antlerless deer permit and one either-sex permit.  A resident junior hunting 
license does not exempt the holder of the license from lottery-related application 
requirements under this Part. 
Sec. 9.  12 MRSA §11109, sub-§3, ¶F, as repealed and replaced by PL 2015, c. 
494, Pt. D, §2, is amended to read: 
F.  A nonresident junior hunting license, for a person under 16 years of age, is $35 
and permits hunting of all legal species, subject to the permit requirements in 
subchapter 3.  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 license holder under this paragraph who 
qualifies to hunt during the special season on deer under section 11153 and who 
meets the eligibility requirements of section 11106 must be issued have included in 
that persons's license one antlerless deer permit and one either-sex permit.  A 
nonresident junior hunting license does not exempt the holder of the license from 
lottery-related application requirements under this Part. 
Sec. 10.  12 MRSA §11109, sub-§3, ¶O, as repealed and replaced by PL 2015, c. 
494, Pt. D, §2, is amended to read: 
O.  A nonresident small game apprenticeship hunter license, which permits the 
hunting of all legal species except deer, bear, moose, raccoon and bobcat, is $75 and 
includes a wild turkey hunting permit under section 11155. 
Sec. 11.  12 MRSA §11214, sub-§1, ¶¶A, B, D and E, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by c. 614, §9, are amended to read: 
A.  Use for hunting or possess for hunting any automatic firearm.  This paragraph 
does not apply to: 
(1)  Military organizations authorized by law to bear arms or to the National 
Guard in the performance of its duty; or 
(2)  Firearms using the .22 caliber rimfire cartridge or smaller caliber cartridge or 
to any autoloading pistol having a barrel less than 8 inches in length; 
B.  Use for hunting or possess for hunting any autoloading firearm having a magazine 
capacity of more than 5 cartridges.  All autoloading firearms having a magazine 
capacity in excess of 5 cartridges must have the magazine permanently altered to 
contain not more than 5 cartridges before the autoloading firearm may be used in this 
State for hunting.  This paragraph does not apply to: 
(1)  Military organizations authorized by law to bear arms or to the National 
Guard in the performance of its duty; or 
(2)  Firearms using the .22 caliber rimfire cartridge or smaller caliber cartridge or 
to any autoloading pistol having a barrel less than 8 inches in length; 
D.  Use for hunting cartridges containing tracer bullets.  This paragraph does not 
apply to: 
(1)  Military organizations authorized by law to bear arms or to the National 
Guard in the performance of its duty; or 
(2)  Firearms using the .22 caliber rimfire cartridge or smaller caliber cartridge or 
to any autoloading pistol having a barrel less than 8 inches in length; 
E.  Use for hunting cartridges containing explosive bullets.  This paragraph does not 
apply to: 
(1)  Military organizations authorized by law to bear arms or to the National 
Guard in the performance of its duty; or 
(2)  Firearms using the .22 caliber rimfire cartridge or smaller caliber cartridge or 
to any autoloading pistol having a barrel less than 8 inches in length; 
Sec. 12.  12 MRSA §11251, sub-§2, as enacted by PL 2015, c. 79, §1, is repealed. 
Sec. 13.  12 MRSA §11401, sub-§1, ¶B, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §168 and affected by §422, is further amended to read: 
B.  The commissioner may shorten the open season on deer in any part of the State, 
as long as: 
(1)  The demarcation of the areas with the shortened season follows recognizable 
physical boundaries, such as rivers and railroad rights-of-way; and 
(3)  The Saturday preceding the first day of open season on deer is an open day 
for residents of the State only and for nonresidents who meet the qualifications 
under paragraph E. 
Sec. 14.  12 MRSA §11751-A, sub-§§2 and 3, as enacted by PL 2003, c. 552, 
§11 and affected by §15 and c. 655, Pt. C, §§2 and 6, are amended to read: 
2.  Exceeding bag limit.  A person may not possess more than one 2 wild turkey 
turkeys during any open season, except a person may keep more than one 2 legally 
obtained wild turkey turkeys in that person's home at any time or as otherwise provided in 
law or rule. 
3.  Hunting wild turkey after having killed 2.  A person may not hunt wild turkey 
after that person has killed or registered one 2 wild turkeys during any open season of that 
calendar year, except as otherwise provided in law or rule. 
Sec. 15.  12 MRSA §11802, sub-§1, as enacted by PL 2015, c. 301, §25, is 
amended to read: 
1.  Prohibitions.  From September 1st to December 15th and for 30 days prior to and 
during the spring wild turkey hunting season established pursuant to section 11701, 
subsection 1, a person may not: 
A.  Place any bait or food in a place to entice a wild turkey to that place; or 
B.  Hunt from an observation stand or blind overlooking bait or food known to be 
attractive to wild turkey. This prohibition does not apply to hunting from an 
observation stand or blind overlooking: 
(1)  Standing crops; or 
(2)  Foods that are left as a result of normal agricultural operations or as a result 
of a natural occurrence. 
Sec. 16.  12 MRSA §12201, sub-§2, as amended by PL 2009, c. 69, §2, is further 
amended to read: 
2.  Eligibility.  The following persons are eligible to purchase a trapping license, 
subject to the provisions of subsection 3. 
A.  A resident 16 years of age or older is eligible to purchase a resident trapping 
license. 
B.  A resident 10 years of age or older and under 16 years is eligible to purchase a 
resident junior trapping license. 
C.  A resident under 10 years of age may trap all legal species, except bear, without a 
license. 
D.  A nonresident is eligible to purchase a nonresident trapping license. 
E.  An alien is eligible to purchase a nonresident trapping license for beaver pursuant 
to section 12259, subsection 3. 
Nonresident aliens are ineligible to purchase a trapping license. 
Sec. 17.  12 MRSA §12201, sub-§3, as amended by PL 2013, c. 538, §31, is 
further amended to read: 
3.  Successful completion of trapper education program required for license.  
Except as provided in paragraph A, a person who applies for a state license to trap, other 
than a junior trapping license pursuant to subsection 2, paragraph B or an apprentice 
trapper license issued under section 12204, must submit proof of having successfully 
completed a trapper education course of the type described in section 10108, subsection 7 
or satisfactory evidence of having previously held an adult license to trap in this State or 
any other state, province or country in any year beginning with in or after 1978. 
When proof or evidence can not otherwise be provided, the person may substitute a 
signed affidavit that that person has previously held the required adult trapping license or 
that that person has successfully completed the required trapper education course. 
A.  A person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot 
Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs 
who presents certification from the respective reservation governor or the Aroostook 
Micmac Council stating that the person is an enrolled member of a federally 
recognized nation, band or tribe listed in this paragraph is exempt from the 
requirements of this subsection. 
Sec. 18.  12 MRSA §12201, sub-§4, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
4.  Issuance.  The commissioner, or the commissioner's agent, may issue a license to 
engage in trapping.  Clerks or other agents appointed by the commissioner shall charge a 
fee of $2 for each trapping license issued.  The commissioner shall charge a fee of $1 for 
each trapping license issued by department employees. 
Sec. 19.  12 MRSA §12204, sub-§6, as enacted by PL 2011, c. 51, §1, is amended 
to read: 
6.  Issuance; fee.  The commissioner, through the commissioner's authorized agent, 
shall issue an apprentice trapper license to an eligible person. The fee for an apprentice 
trapper license is $35 $36 for residents and $317 $318 for nonresidents. 
Sec. 20.  12 MRSA §12452, as amended by PL 2009, c. 214, §1, is further 
amended to read: 
§12452.  Consolidation of rules 
Fishing rules as set forth in the Open Water and Ice Fishing Regulations folder, as 
printed and distributed to the public maintained by the department in an electronic 
version and distributed through electronic means, are declared to be official 
consolidations of fishing rules upon filing with the Secretary of State, except that the 
150-day limit of Title 5, section 8052, subsection 7, paragraph B does not apply to this 
section. 
Sec. 21.  12 MRSA §12551-A, sub-§2, ¶¶C and D, as enacted by PL 2003, c. 
655, Pt. B, §259 and affected by §422, are amended to read: 
C.  Engage in taking or assist in taking live smelts for resale from inland waters 
without a smelt wholesaler's license; or 
D.  Sell live smelts or baitfish from more than one facility without an appropriate and 
valid license for each facility.; or 
Sec. 22.  12 MRSA §12551-A, sub-§2, ¶E is enacted to read: 
E.  When licensed under this section, receive, possess for resale, sell or offer to sell 
gift baitfish or gift smelts without an appropriate and valid license issued under 
subsection 3. 
Sec. 23.  12 MRSA §12551-A, sub-§2-A, as enacted by PL 2015, c. 298, §9, is 
repealed. 
Sec. 24.  12 MRSA §12803, sub-§3, ¶MM, as enacted by PL 2007, c. 166, §1, is 
amended to read: 
MM.  Common moorhen gallinule, Gallinula chloropus galeata, threatened; 
Sec. 25.  12 MRSA §12953, sub-§7, as amended by PL 2015, c. 281, Pt. F, §4, is 
further amended to read: 
7.  Renewal of license; fees.  Licenses issued pursuant to this section run for a period 
of expire 3 years, from the current year of issuance until the 31st day of December in the 
3rd year after issuance, on which date the license terminates date of issuance unless it is 
revoked sooner.  A taxidermist whose license is not suspended or revoked may renew the 
license every 3 years upon application by the licensee accompanied by a $77 license fee. 
Sec. 26.  12 MRSA §13106-A, sub-§5, as amended by PL 2011, c. 533, §11, is 
further amended to read: 
5.  Operating snowmobile on public way.  Except as provided in subsection  4  3 
and this subsection, a person may not operate a snowmobile upon the main traveled 
portion, the sidewalks or the plowed snowbanks of a public way. 
A.  A properly registered snowmobile may be operated on a public way only the 
distance necessary, but in no case to exceed 500 yards, on the extreme right of the 
traveled way for the purpose of crossing, as directly as possible, a public way, 
sidewalk or culvert. 
B.  A properly registered snowmobile may be operated on a public way only the 
distance necessary, but in no case to exceed 500 yards, on the extreme right of the 
traveled way for the sole purpose of crossing, as directly as possible, a bridge, 
overpass or underpass, provided that as long as that operation can be made in safety 
and that it does not interfere with vehicular traffic approaching from either direction 
on the public way. 
C.  A snowmobile may be operated on any portion of a public way when the public 
way has been closed in accordance with Title 23, section 2953. 
D.  If the main traveled portion of a public way is publicly plowed and utilized by 
conventional motor vehicles, a snowmobile may be operated only on that portion of 
the way not maintained or utilized for the operation of conventional motor vehicles, 
except that operation on the left side of the way is prohibited during the hours from 
sunset to sunrise on the portion of the way not maintained or utilized for the operation 
of conventional motor vehicles. This paragraph does not apply to a snowmobile 
operated by a public utility regulated by the Public Utilities Commission while being 
operated in the course of the utility's corporate function, so that public utilities may 
effectively and speedily carry out their obligations to the public. 
E.  A snowmobile may be operated on streets and public ways during a period of 
emergency when the emergency has been so declared by a police agency having 
jurisdiction and when travel by conventional motor vehicles is not practicable. This 
paragraph does not apply to a snowmobile operated by a public utility regulated by 
the Public Utilities Commission while being operated in the course of the utility's 
corporate function, so that public utilities may effectively and speedily carry out their 
obligations to the public. 
F.  A snowmobile may be operated on streets and public ways in special snowmobile 
events of limited duration conducted according to a prearranged schedule and under a 
permit from the governmental unit having jurisdiction. 
G.  Notwithstanding paragraphs A to F, a snowmobile may be operated on the 
extreme right of a public way within the built-up portion of a municipality or 
unorganized or unincorporated township if the appropriate governmental unit has 
designated the public way as a snowmobile-access route for the purpose of allowing 
snowmobiles access to places of business.  A public way designated by an 
appropriate governmental unit as a snowmobile-access route must be posted 
conspicuously at regular intervals by that governmental unit with highly visible signs 
designating the snowmobile-access route.  Before designating a public way as a 
snowmobile-access route, the appropriate governmental unit shall make appropriate 
determinations that snowmobile travel on the extreme right of the public way may be 
conducted safely and will not interfere with vehicular traffic on the public way.  For 
purposes of this paragraph, "appropriate governmental unit" means the Department of 
Transportation, county commissioners or municipal officers within their respective 
jurisdictions.  The jurisdiction of each appropriate governmental unit over public 
ways pursuant to this paragraph is the same as its jurisdiction over the passage of 
vehicles on public ways pursuant to Title 29-A, section 2395.  Municipal or county 
law enforcement officials having jurisdiction have primary enforcement authority 
over any route established under this paragraph. 
H.  The following penalties apply to violations of this subsection. 
(1)  A person who violates this subsection commits a civil violation for which a 
fine of not less than $100 nor more than $500 may be adjudged. 
(2)  A person who violates this subsection after having been adjudicated as 
having committed 3 or more civil violations under this Part within the previous 
5-year period commits a Class E crime. 
Sec. 27.  12 MRSA §13157-A, sub-§16, ¶B, as enacted by PL 2003, c. 655, Pt. 
B, §414 and affected by §422, is amended to read: 
B.  The following are exceptions to the requirements of paragraph A. 
(1)  An ATV manufactured prior to January 1, 1991 without a headlight or 
taillight is exempt from the provisions of this subsection while being operated 
between sunrise and sunset. 
(2)  A person may operate an ATV including a 2-wheel off-road motorcycle 
without a headlight and taillight between sunrise and sunset if:. 
(a)  The ATV has an engine size of 90 cubic centimeters or less; and 
(b)  The ATV has 4 or more wheels. 
SUMMARY 
This bill replaces the Hooked on Fishing Not on Drugs program with youth and 
family outdoor recreational programs and activities to encourage hunting and fishing 
activities as well as shooting sports.  It amends language regarding certain licenses to 
provide that certain permits are included in the licenses.  It allows the spouse and children 
of a member of the Armed Forces of the United States on active duty who is permanently 
stationed outside of the State to purchase trapping licenses at a reduced rate.  It simplifies 
language regarding a person 70 years of age or older hunting with a crossbow.  It repeals 
a provision allowing a person under 16 years of age holding a valid junior hunting license 
to obtain a muzzle-loading permit from the Commissioner of Inland Fisheries and 
Wildlife.  It adds a wild turkey hunting permit to the nonresident small game 
apprenticeship hunter license.  It repeals law establishing a youth bear hunting day.  It 
changes the law regarding unlawful possession of wild turkeys to reflect the increase of 
the bag limit from one to 2.  It prohibits placing bait for wild turkeys and hunting over 
that bait for 30 days prior to the spring wild turkey hunting season.  It adds firearms using 
a caliber cartridge smaller than the .22 caliber cartridge to the exceptions from the law 
prohibiting hunting with any automatic firearm.  It amends the provision of a residents-
only day in the law regarding open and closed seasons for deer to account for an 
exception for certain nonresident landowners.  It repeals a provision making nonresident 
aliens ineligible to purchase a trapping license, as they are eligible to purchase a license 
to trap beaver when their state or province of residency allows residents of the State to 
trap beaver in that state or province and removes language requiring clerks or agents 
appointed by the Commissioner of Inland Fisheries and Wildlife to charge $2 for each 
trapping license issued.  It raises the fee for a resident and nonresident apprentice trapper 
license by $1, consistent with changes to fees in Public Law 2015, chapter 245.  It makes 
it a Class E crime for a licensee to receive, possess for resale, sell or offer to sell gift 
baitfish or gift smelts.  It amends the law describing how the Open Water and Ice Fishing 
Regulations are distributed.  It updates the name of an endangered species of bird.  It 
changes the expiration date of a taxidermy license so that licenses expire 3 years from 
their date of issuance.  It corrects a cross-reference.  It allows ATVs, including 2-wheel 
off-road motorcycles, without headlights or taillights to be operated between sunrise and 
sunset.