An Act To Clarify and Enhance Fish and Wildlife Enforcement Laws
Maine Legislature, Session 129, LD 1787
Committee Amendment CA_A_S315 (Senate)
Amends: 12 MRSA §10609, 17-A MRSA §1105-A, 17-A MRSA §2002

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT "A " to S.P. 603, L.D. 1787, Bill, "An Act To 
Clarify and Enhance Fish and Wildlife Enforcement Laws" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 12 MRSA §10609 is enacted to read: 
§10609. Restitution for scientific testing 
The department may seek restitution for scientific testing investigation expenses in 
accordance with Title 17-A. section 2002 for all crimes investigated under this Part.' 
Amend the bill in section 2 in § 10652 by striking out all of subsection 2 (page 2, lines 
and 30 in L.D.) and inserting the following: 
'2. Penalty. A person who violates this section commits a Class E crime.' 
Amend the bill by striking out all of section 3. 
Amend the bill by inserting after section 10 the following: 
'Sec. 11. 12 MRSA c. 915, sub-c. 9-A is enacted to read: 
SUBCHAPTER 9-A 
UPLAND GAME HUNTING 
§11871. Unlawful possession of upland game 
1. Daily bag limit. A person may not take more than the daily bag limit of an 
upland game species. as defined by the commissioner by rule, during any open season on 
that upland game species as established by the commissioner. 
2. Possession limit. A person may not possess more than the possession limit of an 
upland game species taken during any open season on that upland game species as 
established by the commissioner. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ,4 "to S.P. 603, L.D. 1787 
3. Penalty. A person who violates this section commits a Class E crime for which a 
fine of not less than $200 plus $50 for each upland game species taken in violation may 
be adjudged.' 
Amend the bill by striking out all of sections 21 to 23 and inserting the following: 
'Sec. 21. 17-A MRSA §1105-A, sub-§1, 1E-1 is enacted to read: 
E-1. 
At the time of the offense. the person is on property designated. by the 
Department of Inland Fisheries and Wildlife in rules adopted pursuant to Title 12, 
sections 12453 and 12454, as open to fishing for only persons under 16 years of age 
or persons holding a complimentary fishing license under Title 12. section 10853 and 
the drug is: 
(1) A schedule W drug. Violation of this subparagraph is a Class A crime; 
(2) Marijuana in a quantity of 20 pounds or more. Violation of this subparagraph 
is a Class A crime; 
(3) A schedule X drug. Violation of this subparagraph is a Class B crime; 
( 4) 
Marijuana in a quantity of more than one pound. Violation of this 
subparagraph is a Class B crime; 
(5) A schedule Y drug. Violation of this subparagraph is a Class C crime; or 
(6) A schedule Z drug. Violation of this subparagraph is a Class C crime; 
Sec. 22. 17-A MRSA §2002, sub-§3, as enacted by PL 2019, c. 113, Pt. A, §2, is 
amended to read: 
3. Economic loss. 
"Economic loss" includes economic detriment consisting of 
environmental clean-up expense, property loss, allowable expense, work loss, 
replacement services loss and, if injury causes death, dependent's economic loss and 
dependent's replacement services loss. Noneconomic detriment is not loss. Economic 
detriment is loss although caused by pain and suffering or physical impairment. 
"Economic loss" includes expenses of an emergency response by any public agency and 
critical investigation expenses and scientific testing investigation expenses. 
A. "Allowable expense" means reasonable charges incurred for reasonably needed 
products, services and accommodations, including those for medical care, 
rehabilitation, rehabilitative occupational training, counseling services and other 
remedial treatment and care, and nonmedical remedial care and treatment rendered in 
accordance with a recognized religious method of healing. 
The term includes 
reasonable and customary charges incurred for expenses in any way related to 
funeral, cremation and burial. It does not include that portion of a charge for a room 
in a hospital, clinic, convalescent or nursing home, or any other institution engaged in 
providing nursing care and related services, in excess of a reasonable and customary 
charge for semiprivate accommodations, unless other accommodations are medically 
required. 
B. 
"Critical investigation expense" means a necessary expense incurred by a 
government or by a victim while investigating or prosecuting suspected criminal 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 603, L.D. 1787 
conduct. "Critical investigation expense" is limited to the cost of an audit or other 
fmancial analysis when that analysis is necessary to determine whether and to what 
extent a victim has suffered fmancial harm from criminal conduct by an employee or 
other person in a position of trust and the cost of analysis of suspected illegal drugs. 
C. "Dependent's economic loss" means loss after a decedent's death of contributions 
of things of economic value to the decedent's dependents, not including services they 
would have received from the decedent if the decedent had not suffered the fatal 
injury,. less expenses of the dependents avoided by reason of decedent's death. 
D. "Dependent's replacement loss" means loss reasonably incurred by dependents 
after a decedent's death in obtaining ordinary and necessary services in lieu of those 
the decedent would have performed for their benefit if the decedent had not suffered 
the fatal injury, less expenses of the dependents avoided by reason of the decedent's 
death and not subtracted in calculating dependent's economic loss. 
E. "Environmental clean-up expense" means any reasonable expense incurred for 
products and services needed to clean up any harm or damage caused to the 
environment, including any harm or damage caused by chemicals; to restore the 
environment to its previous condition prior to any harm or damage; and to properly 
dispose of chemicals and other materials, including those used in the manufacture of 
scheduled drugs in violation of chapter 45. 
F. "Expense of an emergency response" means reasonable costs incurred by a public 
agency in reasonably making an appropriate emergency response to the incident, 
including a response to a suspected unlawful methamphetamine laboratory under 
section 1124, but only includes those costs directly arising because of the response to 
the particular incident. 
Reasonable costs include the costs of providing police, 
firefighting, rescue and emergency medical services at the scene of the incident, as 
well as the compensation for the personnel, including trained laboratory personnel, 
responding to the incident. 
"Public agency" means the State or any county, 
municipality, district or public authority located, in whole or in part, within this State 
that provides or may provide laboratory services or police, firefighting, ambulance or 
other emergency services. 
G. "Property loss" means the value of property taken from the victim, or of property 
destroyed or otherwise broken or harmed. A property loss includes the value of taxes 
or other obligations due to the government that have not been paid. "Property loss" 
also includes, in cases involving a violation of chapter 45, the value of money or 
other consideration given or offered in exchange for scheduled drugs by a law 
enforcement officer or another at the direction of a law enforcement officer that are 
not, in fact, recovered by the State at the time of sentencing, regardless of whether 
other money or items of value are sought, acquired or forfeited pursuant to Title 15, 
chapter 517. In cases involving a violation of chapter 45, the court must make a 
fmding that the property loss is specifically related to that case. 
H. "Replacement services loss" means expenses reasonably incurred in obtaining 
ordinary and necessary services in lieu of those the injured person would have 
performed, not for income but for the benefit of the injured person or the injured 
person's family, if the injured person had not been injured. 
. COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A "to S.P. 603, L.D. 1787 
H-1. 
"Scientific testing investigation expense" means an expense incurred by a 
public agency for conducting scientific testing aimed at enhancing the investigation 
of or solving crimes related to fish and wildlife. 
I. "Work loss" means loss of income from work the injured person would have 
performed if the injured person had not been injured and expenses reasonably 
incurred by the injured person in obtaining services in lieu of those the injured person 
would have performed for income, reduced by any income for substitute work 
actually performed by the injured person or by income the injured person would have 
earned in available appropriate substitute work the injured person was capable of 
performing but unreasonably failed to undertake. For a victim of a human trafficking 
offense as defined in Title 5, section 4701, subsection 1, paragraph C, "work loss" 
includes pay or benefits unfairly or illegally withheld from the victim by the offender 
or any unfair labor agreement under Title 26, section 629, as defined by rules adopted 
by the Department of Labor.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment does the following. 
1. 
It removes language in the bill regarding restitution to a landowner whose 
property is damaged because that remedy is already available under the Maine Revised 
Statutes, Title 17-A, chapter 69. 
2. 
It reallocates the section of the bill regarding penalties for bag limit and 
possession limit violations for upland game to the chapter that is specific to hunting. 
3. It removes the section of the bill that prohibits a person convicted of domestic 
violence :from owning or possessing a crossbow, a muzzleloader or archery or airbow 
equipment. 
4. It reallocates the bill's provision in the law governing aggravated trafficking of 
scheduled drugs and specifies that the property on which the offense occurs is designated 
by the Department of Inland Fisheries and Wildlife in rules as open to fishing for only 
persons under 16 years of age or persons holding a complimentary fishing license. 
FISCAL NOTE REQUlRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 06/07/19 feac 
LD 1787 
LR2355(02) 
An Act To Clarify and Enhance Fish and Wildlife Enforcement Laws 
Fiscal Note for Bill as Amended by Committee Amendment 'P," (j-35) 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Establishes new Class A, B, and C crimes; increases correctional and judicial costs. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Inland Fisheries and Wildlife as a result of changes to laws regarding 
inland fisheries and wildlife enforcement are anticipated to be minor and can be absorbed within existing budgeted 
resources. 
LR2355(02) - Fiscal Note - Page 1 of 1