An Act To Require a Game Warden's Certificate To Kill Wild Animals Causing Damage to Crops or Orchards and Notification to Nearby Residents
Maine Legislature, Session 128, LD 0276
Committee: Inland Fisheries and Wildlife
Sponsors: PIERCE, CYRWAY, ALLEY, BLACK, DUCHESNE, HARLOW, PARRY, PICKETT, STEARNS, WOOD
Amends: 12 MRSA §12402

Legislative Document
No. 276
H.P. 209
House of Representatives, January 31, 2017
An Act To Require a Game Warden's Certificate To Kill Wild 
Animals Causing Damage to Crops or Orchards and Notification to 
Nearby Residents
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PIERCE of Dresden.
Cosponsored by Senator CYRWAY of Kennebec and
Representatives: ALLEY of Beals, BLACK of Wilton, DUCHESNE of Hudson, HARLOW of 
Portland, PARRY of Arundel, PICKETT of Dixfield, STEARNS of Guilford, WOOD of 
Greene.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §12402, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
1.  Certificate to kill nuisance animals or wild turkeys.  Except as provided in 
section 12404, the cultivator, owner, mortgagee or keeper of any orchard or growing 
crop, except all types of grasses, clover and grain fields, may apply for a certificate from 
a game warden as provided in subsection 3 that entitles the person to take or kill wild 
animals or wild turkeys night or day when the wild animals or wild turkeys are located 
within the orchard or crop where substantial damage caused by the wild animal or wild 
turkey to the orchard or crop is occurring. For purposes of this section, corn is not 
considered grain. 
Sec. 2.  12 MRSA §12402, sub-§4, as amended by PL 2007, c. 198, §2, is 
repealed and the following enacted in its place: 
4.  Warden's certificate.  A game warden shall investigate the circumstances 
surrounding an application under subsection 1 as soon as possible after the application is 
received and, if the game warden is satisfied that a wild animal or wild turkey is causing 
substantial damage to an orchard or crop belonging to the applicant, may issue a 
certificate to the applicant that authorizes the person to take or kill wild animals or wild 
turkeys as described on the certificate at the area described on the certificate, subject to 
the notification and care requirements of subsection 5. A certificate issued under this 
section entitles the certificate holder to own a carcass taken under the certificate, to 
possess and consume the carcass within the immediate family of the certificate holder or, 
in accordance with the labeling requirements for possession of deer, bear, moose or wild 
turkey, to transfer possession of those wild animals or wild turkeys to another person. 
Any excess carcasses after the first 2 carcasses of bear, moose or wild turkey or after the 
first 3 carcasses of deer killed or taken under subsection 1 or 2 must be distributed to 
recipients authorized through the Hunters for the Hungry Program established in section 
10108, subsection 8 or as otherwise authorized by the game warden. A game warden may 
not issue a certificate to a person to take or kill wild animals or wild turkeys if the 
person's license to hunt has been revoked or suspended, the person is an habitual violator 
as defined in section 10605, subsection 1 or the person has been convicted of night 
hunting within the past 5 years. 
Sec. 3.  12 MRSA §12402, sub-§6 is enacted to read: 
6.  Notification.  A holder of a certificate issued under subsection 4 shall notify in 
writing all residents within 1,000 feet of the boundary of the area described on the 
certificate where the certificate holder is authorized to take or kill wild animals or wild 
turkeys: 
A.  That the certificate holder is authorized to take or kill wild animals or wild 
turkeys; and 
B.  The area where the certificate holder is authorized to take or kill wild animals or 
wild turkeys. 
SUMMARY 
This bill requires the cultivator, owner, mortgagee or keeper of any orchard or 
growing crop to obtain a certificate from a game warden in order to take or kill wild 
animals or wild turkeys causing substantial damage to the orchard or crop. The game 
warden must investigate the circumstances of the application for a certificate and may 
issue the certificate if the game warden is satisfied that a wild animal or wild turkey is 
causing substantial damage to an orchard or crop. The certificate must describe the 
animals that may be taken or killed and the area where the animals may be taken or 
killed. The certificate holder must notify residents within 1,000 feet of the boundary of 
the area where the animals may be taken or killed that the certificate holder is authorized 
to take or kill those animals in that area.