An Act To Clarify Inland Fisheries and Wildlife Laws Regarding Boating and Hunting Licensing
Maine Legislature, Session 129, LD 1740
Committee: Inland Fisheries and Wildlife
Sponsors: MARTIN
Amends: 12 MRSA §11108-B, 12 MRSA §11152, 12 MRSA §12855, 12 MRSA §13063

Legislative Document
No. 1740
H.P. 1238
House of Representatives, May 14, 2019
An Act To Clarify Inland Fisheries and Wildlife Laws Regarding 
Boating and Hunting Licensing
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 MARTIN of Sinclair.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §11108-B, as amended by PL 2015, c. 136, §7 and affected by 
§12 and amended by c. 301, §12, is further amended to read:
§11108-B.  Apprentice hunter license restrictions
1.  Apprentice supervisor required.  A holder of an apprentice hunter license may 
not hunt other than in the presence of an adult apprentice supervisor.
A.  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 $500 and not more than $1,000 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.
1-A.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Adult Apprentice supervisor" means a person who is 18 years of age or older and 
holds a valid adult hunting license under this subchapter.
B.  "In the presence of" means in visual and voice contact without the use of visual or 
audio enhancement devices, including but not limited to binoculars and citizen band 
radios.
2.  Apprentice supervisor responsibility.  An adult apprentice supervisor must have 
held a valid hunting license for the prior 3 consecutive years to be qualified to supervise a 
holder of an apprentice hunter license.  An adult apprentice supervisor shall ensure that 
the holder of an apprentice hunter license follows safe and ethical hunting protocol and 
adheres to the laws under this Part.  An adult apprentice supervisor may not intentionally 
permit a person hunting under an apprentice hunter license with that adult apprentice 
supervisor to violate subsection 1.
A.  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 $500 must 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.
3.  Eligibility.  A resident or nonresident 16 years of age or older who has never held 
a valid adult hunting license in this State, or any other state, province or country, is 
eligible to obtain an apprentice hunter license. Notwithstanding section 11105, a person is 
eligible to obtain an apprentice hunter license without having successfully completed a 
hunter safety course. A person may not obtain an apprentice hunter license more than 5 
times.  A person selected to receive a moose permit may not then purchase an apprentice 
hunter license to meet the licensing requirements for that permit.
4.  Expiration of apprentice hunter license.  An apprentice hunter license is valid 
for up to 12 calendar months and expires on December 31st.
Sec. 2.  12 MRSA §11152, sub-§5-A, as enacted by PL 2015, c. 219, §1, is 
amended to read:
5-A.  Permit transfer to junior hunter.  Notwithstanding subsection 5, a junior 
hunter may take an antlerless deer if another person who is 18 years of age or older and 
holds a valid antlerless deer permit transfers that permit to that junior hunter by 
identifying the name and address of the transferee on the permit as well as any other 
information reasonably requested by the commissioner and then returns the permit to the 
department at least 48 hours prior to the junior hunter's hunting antlerless deer.  Upon 
transfer of the antlerless deer permit to a junior hunter, the transferor may not hunt an 
antlerless deer pursuant to the transferred permit but remains eligible, unless otherwise 
prohibited, to take a deer other than an antlerless deer in accordance with this Part.
The commissioner shall record a transfer under this subsection and return the permit to 
the transferee.  A valid permit must be in the possession of the transferee in order for the 
transferee to take an antlerless deer.
Sec. 3.  12 MRSA §12855, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is repealed.
Sec. 4.  12 MRSA §13063, as affected by PL 2003, c. 614, §9 and amended by c. 
655, Pt. B, §373 and affected by §422, is further amended to read:
§13063.  Requirements for operators who carry passengers for hire with motorboat
1.  Prohibition.  A person may not operate a motorboat carrying passengers for hire 
without an operator's license to carry passengers for hire as required in this section having 
successfully completed a boater safety education course approved by a national 
association of state boating law administrators and approved by the commissioner.  A 
person operating a motorboat carrying passengers for hire shall provide proof of having 
successfully completed a course under this subsection when requested by the 
commissioner or the commissioner's agent. For purposes of this section, "carrying 
passengers for hire" means receiving remuneration to carry passengers in a motorboat 
from one predetermined point to another predetermined point on inland waters.
A.  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.
B.  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.
2.  Requirement.  Every operator of a motorboat, other than a licensed Maine guide 
certified in watercraft safety, carrying passengers for hire, except those operators who 
have been issued and have or are required to have in their possession a current valid 
federal operator's license, shall obtain an operator's license to carry passengers for hire 
from the commissioner as provided in this section before operating a motorboat carrying 
passengers for hire. show proof of having successfully completed an approved boater 
safety education course in accordance with subsection 1 upon request of the 
commissioner or the commissioner's agent.
A.  The operator shall make written application for the license to carry passengers for 
hire on forms provided by the commissioner.
B.  The commissioner shall cause operators applying for a license to carry passengers 
for hire for the first time to be examined as to their qualifications.
3.  Issuance.  The commissioner shall issue the license to carry passengers for hire to 
applicants who have satisfactorily passed the examination.
4.  Fee.  The fee for an operator's license to carry passengers for hire is $1.
5.  Renewal.  The commissioner may grant a renewal of license to carry passengers 
for hire upon written application and payment of the $1 fee without examination.
6.  Expiration.  Every license to carry passengers for hire expires on December 31st 
of the year for which issued.
SUMMARY
This bill changes the term "adult supervisor" to "apprentice supervisor" in the law 
governing apprentice hunter license restrictions.  It eliminates the threshold prohibiting 
persons younger than 18 years of age from transferring a valid anterless deer permit to a 
junior hunter.  It repeals the provision requiring the Commissioner of Inland Fisheries and 
Wildlife to designate locations where guide license examinations will be held.  It also 
removes the requirement that a license must be obtained from the Department of Inland 
Fisheries and Wildlife to operate a motorboat carrying passengers for hire and instead 
requires proof of successful completion of a boater safety education course approved by a 
national association of state boating law administrators.