An Act To Clarify and Enhance Fish and Wildlife Enforcement Laws
Maine Legislature, Session 129, LD 1787
Committee: Inland Fisheries and Wildlife
Sponsors: DILL
Amends: 12 MRSA §10609, 12 MRSA §10652, 12 MRSA §10658-A, 12 MRSA §10902, 12 MRSA §11103, 12 MRSA §11217, 12 MRSA §11857, 12 MRSA §12159, 12 MRSA §12303-A, 12 MRSA §12304-A, 12 MRSA §12304-B, 12 MRSA §12954, 12 MRSA §13001, 12 MRSA §13068-A, 15 MRSA §393, 17-A MRSA §1105-A, 17-A MRSA §1322

Legislative Document
No. 1787
S.P. 603
In Senate, May 28, 2019
An Act To Clarify and Enhance Fish and Wildlife Enforcement 
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.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DILL of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §10609 is enacted to read:
§10609.  Restitution for scientific testing
The department may seek restitution for scientific testing investigative expenses in 
accordance with Title 17-A, section 1322 for all crimes investigated under this Part.
Sec. 2.  12 MRSA §10652, as amended by PL 2017, c. 50, §1, is further amended 
to read:
§10652.  Abuse of another person's property
1.  Prohibitions.  Prohibitions on the abuse of another person's property while 
fishing, hunting or trapping are as follows.
A.  A person may not while fishing:
(1)  Tear down or destroy any fence or wall on another person's land;
(2)  Leave open any gate or bars on another person's land; or
(3)  Trample or destroy any crop on another person's land.;
(4)  Damage or destroy a tree on another person's land by inserting into that tree 
any metallic or ceramic object to be used as, or as part of, a ladder or observation 
stand unless the person has the permission of the landowner;
(5)  Except as provided in this paragraph, erect or use either a portable or 
permanent ladder or observation stand on the land of another person unless:
(a)  That person has obtained oral or written authorization to erect and use a 
ladder or observation stand from the landowner or the landowner's 
representative; and
(b)  The ladder or observation stand is plainly labeled with a 2-inch by 4-inch 
tag identifying the name and address of the person or persons authorized by 
the landowner to use the stand or observation ladder.
This subparagraph does not apply to a portable ladder or observation stand that is 
located on land within the jurisdiction of the Maine Land Use Planning 
Commission and attended by the person who owns the ladder or observation 
stand. For purposes of this subparagraph, "observation stand" does not include a 
portable blind utilized at ground level that remains in the physical possession of 
the hunter; or
(6)  Destroy, tear down, deface or otherwise damage a property posting sign 
under Title 17-A, section 402, subsection 4.
B.  A person may not while hunting any wild animal or wild bird:
(1) Damage or destroy a tree on another person's land by inserting into that tree 
any metallic or ceramic object to be used as, or as part of, a ladder or observation 
stand unless the person has the permission of the landowner;
(2)  Except as provided in this paragraph, erect or use either a portable or 
permanent ladder or observation stand on the land of another person unless:
(a)  That person has obtained oral or written authorization to erect and use a 
ladder or observation stand from the landowner or the landowner's 
representative; and
(b)  The ladder or observation stand is plainly labeled with a 2-inch by 4-inch 
tag identifying the name and address of the person or persons authorized by 
the landowner to use the stand or observation ladder.
This subparagraph does not apply to a portable ladder or observation stand that is 
located on land within the jurisdiction of the Maine Land Use Planning 
Commission and attended by the person who owns the ladder or observation 
stand.  For purposes of this subparagraph, "observation stand" does not include a 
portable blind utilized at ground level that remains in the physical possession of 
the hunter;
(3)  Tear down or destroy any fence or wall on another person's land;
(4)  Leave open any gate or bars on another person's land;
(5)  Trample or destroy any crop on another person's land; or
(6)  Destroy, tear down, deface or otherwise damage a property posting sign 
under Title 17-A, section 402, subsection 4.
C.  A person may not while trapping a wild animal:
(1)  Tear down or destroy any fence or wall on another person's land;
(2)  Leave open any gate or bars on another person's land; or
(3)  Trample or destroy any crop on another person's land.
Except as otherwise provided, a person may not possess any wild animal or wild bird 
taken by hunting or trapping in violation of this subsection.
2.  Penalty.  A person who violates this section commits a Class E crime and may be 
ordered to pay restitution to the landowner for damages.
Sec. 3.  12 MRSA §10658-A is enacted to read:
§10658-A.  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 in rules adopted by the department, 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.
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.
Sec. 4.  12 MRSA §10902, sub-§6, ¶G, as amended by PL 2013, c. 280, §3, is 
further amended to read:
G.  Buying or selling moose, unlawfully hunting moose or unlawfully possessing 
moose, in violation of section 11154, 11217, 11601, 11651-A, 11652, 12302-A, 
12304-A 12304-B, 12305 or 12403; 
Sec. 5.  12 MRSA §10902, sub-§7-A, as enacted by PL 2003, c. 592, §2 and 
affected by §5 and c. 655, Pt. C, §§5 and 6, is amended to read:
7-A.  Hunting with night vision or thermal imaging device.  A hunting license of a 
person convicted of night hunting in violation of section 11206, subsection 1 and found to 
have been in possession of night vision equipment or a thermal imaging device at the 
time of the offense must be revoked, and that person is ineligible to obtain a hunting 
license for a period of 5 years from the date of conviction.
Sec. 6.  12 MRSA §10902, sub-§7-B, as enacted by PL 2017, c. 50, §2, is 
amended to read:
7-B.  Destroying or defacing property posting signs.  The hunting and fishing 
licenses of A license, permit or registration issued by the department in effect at the time 
a person is convicted of destroying, tearing down, defacing or otherwise damaging a 
property posting sign in violation of section 10652, subsection 1, paragraph B A must be 
revoked, and that person is ineligible to obtain a hunting or fishing any license, permit or 
registration issued by the department for a period of one year from the date of conviction.
Sec. 7.  12 MRSA §11103, as affected by PL 2003, c. 614, §9; amended by c. 655, 
Pt. B, §112; and affected by §422, is further amended to read:
§11103.  Prohibition for convicted felons and domestic violence offenders and 
nonviolent juvenile offenders
A person who is prohibited from possessing a firearm under Title 15, section 393, 
subsection 1, 1-A or 1-B is ineligible to obtain or possess any license or permit issued by 
the department that authorizes a person to hunt with a firearm unless that person 
possesses a valid permit in accordance with Title 15, section 393, subsection 2.
Sec. 8.  12 MRSA §11217, sub-§2, ¶A, as repealed and replaced by PL 2013, c. 
333, §4, is amended to read:
A.  A person who has lawfully killed or trapped and registered a bear may sell, 
without a hide dealer's license, only the hide, head, teeth, claws not attached to the 
paws, fat not attached to the meat and gall bladder gallbladder of that animal.
Sec. 9.  12 MRSA §11217, sub-§2, ¶G, as enacted by PL 2013, c. 333, §4, is 
amended to read:
G.  A person may buy, without a hide dealer's license, for that person's personal use 
and not for resale, only the teeth, claws not attached to paws, fat not attached to the 
meat, skull or head and hide of a bear; only the bones, feet and hide of a moose; the 
skull or head of a deer or moose, excluding antlers; and all other parts of wild animals 
and wild birds not prohibited from being bought, sold, offered for sale or bartered 
under subsections 1 and 3.
Sec. 10.  12 MRSA §11857, as amended by PL 2013, c. 538, §29, is repealed.
Sec. 11.  12 MRSA §12159, sub-§1, as amended by PL 2011, c. 253, §23, is 
further amended to read:
1.  Prohibition; penalties.  Except as provided in this section, a person may not take 
and or possess reptiles or amphibians from the wild for export, sale or commercial 
purposes.
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.
Sec. 12.  12 MRSA §12303-A, sub-§1, as enacted by PL 2003, c. 655, Pt. B, 
§230 and affected by §422, is amended to read:
1.  Time limits.  Except as provided in subsection 1-A, a person may not keep any of 
the following unregistered wild animals at home or any place of storage for more than 18 
hours after the animal was harvested:
A.  Bear;
B.  Deer;
C.  Moose; or
D.  Wild turkey.
Sec. 13.  12 MRSA §12304-A, as enacted by PL 2003, c. 655, Pt. B, §232 and 
affected by §422, is repealed.
Sec. 14.  12 MRSA §12304-B is enacted to read:
§12304-B.  Condition of animal presented for registration
1.  Wild turkey.  A person shall present a wild turkey for registration in its entirety, 
except that the viscera may be removed in a manner that permits determination of the sex 
of the animal.
2.  Bear, deer and moose.  A person shall present a bear, deer or moose for 
registration as follows.
A.  A person shall present a bear, deer or moose in its entirety, including, but not 
limited to, all edible meat and the head for registration, except that the viscera, hide, 
lower legs and rib cage, including the ribs, spine and pelvis, are not required to be 
presented for registration.
B.  A bear, deer or moose may be dismembered for ease of transportation.
C.  A person must present evidence of sex of a bear, deer or moose for registration. 
3.  Biological samples.  Through rulemaking, the commissioner may require hunters 
to submit biological samples from wild turkey, bear, deer or moose at the time of 
registration.
4.  Disposal of parts not presented for registration.  A person may not dispose of 
the parts of a bear, deer or moose not presented for registration where they are visible to a 
person traveling on a public or private way.
5.  Penalty.  A person who violates this section commits a Class E crime.
Sec. 15.  12 MRSA §12954, sub-§4-A, ¶A, as amended by PL 2017, c. 288, Pt. 
A, §15, is further amended to read:
A.  A licensee shall:
(1)  Keep a true and complete record, in such form as is required by the 
commissioner, to include the names and addresses of persons buying or selling 
heads, hides, bear fat and bear gall bladders gallbladders; and
(2)  File that record with the commissioner on or before June 30th of each year.
All data submitted to the commissioner as part of the record are for scientific 
purposes only and are confidential and not a public record within the meaning of 
Title 1, chapter 13, subchapter 1, except that the commissioner may disclose data 
collected under this paragraph for law enforcement purposes or if the data are 
released in a form that is statistical or general in nature.
Sec. 16.  12 MRSA §12954, sub-§6-A, ¶C, as enacted by PL 2013, c. 333, §9, is 
amended to read:
C.  A person who has lawfully killed or trapped and registered a bear may sell, 
without a hide dealer's license, only the hide, head, teeth, claws not attached to the 
paws, fat not attached to the meat and gallbladder of that animal.
Sec. 17.  12 MRSA §12954, sub-§6-A, ¶G, as enacted by PL 2013, c. 333, §9, is 
amended to read:
G.  A person may buy, without a hide dealer's license, for that person's own personal 
use and not for resale, only the teeth, claws not attached to paws, fat not attached to 
the meat, skull or head and hide of a bear; only the bones, feet and hide of a moose; 
the skull or head of a deer or moose, excluding antlers; and all other parts of wild 
animals and wild birds not prohibited from being bought, sold, offered for sale or 
bartered under section 11217, subsections 1 and 3.
Sec. 18.  12 MRSA §13001, sub-§15-A is enacted to read:
15-A.  Marine engine.  "Marine engine" means a motor, including an outboard 
motor, suitable for the propulsion of a watercraft upon water.
Sec. 19.  12 MRSA §13001, sub-§21, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read:
21.  Owner. "Owner" means:
A.  For the purpose of registration of a snowmobile, a person holding title to a 
snowmobile or having exclusive right to the use of a snowmobile for a period greater 
than 30 days equitable interest in a snowmobile that entitles the person to possession 
of the snowmobile;
B.  With respect to For the purpose of registration of a watercraft, a person who 
claims lawful possession of the holding title to a watercraft by virtue of legal title or 
having equitable interest therein in a watercraft that entitles the person to possession 
of the watercraft; or
C.  For the purposes of registration of an ATV, a person holding title to an ATV or 
having equitable interest in an ATV that entitles the person to possession of the ATV.
Sec. 20.  12 MRSA §13068-A, sub-§10, as enacted by PL 2003, c. 655, Pt. B, 
§380 and affected by §422, is amended to read:
10.  Operating marine engine that exceeds noise limits.  The following provisions 
govern noise limits.
A.  A person may not operate a motorboat marine engine in such a manner as to 
exceed:
(1)  A noise level of 90 decibels when subjected to a stationary sound level test 
with and without cutouts engaged and as prescribed by the commissioner; or
(2)  A noise level of 75 decibels when subjected to an operational test measured 
with and without cutouts engaged and as prescribed by the commissioner.
B.  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 $300 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.
C.  This subsection does not apply to motorboats marine engines that are operating in 
a regatta or race approved by the commissioner under section 13061.
Sec. 21.  15 MRSA §393, sub-§1-B, as amended by PL 2017, c. 432, Pt. A, §1, is 
further amended to read:
1-B.  Prohibition for domestic violence offenses.  A person may not own, possess 
or have under that person's control a firearm, a crossbow, a muzzleloader or archery or 
airbow equipment if that person:
A.  Has been convicted of committing or found not criminally responsible by reason 
of insanity of committing:
(1) A Class D crime in this State in violation of Title 17-A, section 207-A, 
209-A, 210-B, 210-C or 211-A; or
(2) A crime under the laws of the United States or any other state that in 
accordance with the laws of that jurisdiction is elementally substantially similar 
to a crime in subparagraph (1).
Violation of this paragraph is a Class C crime; or
B.  Has been adjudicated in this State or under the laws of the United States or any 
other state to have engaged in conduct as a juvenile that, if committed by an adult, 
would have been a disqualifying conviction under this subsection.  Violation of this 
paragraph is a Class C crime.
Except as provided in subsection 1-A, the prohibition created by this subsection for a 
conviction or adjudication of an offense listed in paragraph A or B expires 5 years from 
the date the person is finally discharged from the sentence imposed as a result of the 
conviction or adjudication if that person has no subsequent criminal convictions during 
that 5-year period.  If a person is convicted of a subsequent crime within the 5-year 
period, the 5-year period starts anew from the date of the subsequent conviction.  In the 
case of a deferred disposition, the 5-year period begins at the start of the deferred 
disposition period.  If, at the conclusion of the deferred disposition period, the court 
grants the State's motion to allow a person to withdraw the plea and the State dismisses 
the charge that gave rise to the prohibition with prejudice, the 5-year period terminates.
For the purposes of this subsection, a person is deemed to have been convicted or 
adjudicated upon the acceptance of a plea of guilty or nolo contendere or a verdict or 
finding of guilty, or of the equivalent in a juvenile case, by a court of competent 
jurisdiction. 
For the purposes of this subsection, a person is deemed to have been found not criminally 
responsible by reason of insanity upon the acceptance of a plea of not criminally 
responsible by reason of insanity or a verdict or finding of not criminally responsible by 
reason of insanity, or of the equivalent in a juvenile case, by a court of competent 
jurisdiction.
The provisions of this subsection apply only to a person convicted, adjudicated or placed 
on deferred disposition on or after October 15, 2015.
Sec. 22.  17-A MRSA §1105-A, sub-§1, ¶E, as amended by PL 2005, c. 415, §2, 
is further amended to read:
E.  At the time of the offense, the person is on a school bus or, within 1,000 feet of 
the real property comprising a private or public elementary or secondary school or a 
safe zone as defined in section 1101, subsection 23 or on property designated by the 
Department of Inland Fisheries and Wildlife as open to fishing for only persons under 
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.
For purposes of this paragraph, "school bus" has the same meaning as defined in Title 
29-A, section 2301, subsection 5;
Sec. 23.  17-A MRSA §1322, sub-§3, as amended by PL 2015, c. 346, §8, is 
further 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 investigative 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.
A-1.  "Critical investigation expense" means a necessary expense incurred by a 
government or by a victim while investigating or prosecuting suspected criminal 
conduct.  "Critical investigation expense" is limited to the cost of an audit or other 
financial analysis when that analysis is necessary to determine whether and to what 
extent a victim has suffered financial harm from criminal conduct by an employee or 
other person in a position of trust and the cost of analysis of suspected illegal drugs.
B.  "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.
C.  "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.
C-1.  "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.
C-2.  "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.
D.  "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 515 517.  In cases involving a violation of chapter 45, the court must make a 
finding that the property loss is specifically related to that case.
E.  "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.
E-1.  "Scientific testing investigative expense" means an expense incurred by a public 
agency for conducting scientific testing aimed at enhancing or solving fish and 
wildlife related crimes.
F.  "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.
SUMMARY
This bill makes several changes to the State's fish and wildlife enforcement laws.  
The bill:
1.  Makes it illegal for nonviolent juvenile offenders and persons convicted of 
domestic violence to possess a firearm hunting license.  It also prohibits a person 
convicted of a domestic violence offense from owning or possessing a crossbow, a 
muzzleloader or archery or airbow equipment;
2.  Provides that a person is guilty of aggravated trafficking in a scheduled drug if the 
person is convicted of trafficking while in an area open to fishing for only persons under 
years of age or complimentary fishing license holders;
3.  Requires all edible meat from bear, deer and moose to be presented for registration 
with evidence of sex;
4.  Clarifies that a person's hunting license will be revoked if the person is convicted 
of night hunting while in possession of a thermal imaging device;
5.  Amends the definition of "owner" for the purpose of registration of a snowmobile, 
watercraft and all-terrain vehicle;
6. Provides for penalties for bag limit and possession limit violations for individual 
upland game species as established by the commissioner;
7.  Clarifies the time limit to register a bear, deer, moose or wild turkey;
8.  Clarifies that bear fat not attached to the meat can legally be used for personal or 
commercial use without a hide dealer's license;
9.  Provides for restitution of expenses incurred as a result of scientific testing to 
enhance investigation procedures;
10.  Clarifies that a person may not take or possess reptiles or amphibians from the 
wild for export, sale or commercial purposes;
11.  Strengthens the prohibition of abuse of another person's property by removing 
reference to certain stated activities such as hunting, fishing or trapping to allow the 
Department of Inland Fisheries and Wildlife to enforce the law against persons who 
abuse another person's property but who may not be involved in an activity such as 
hunting, fishing or trapping; and
12.  Replaces the prohibition on operating a motorboat that exceeds noise limits with 
a prohibition on operating a marine engine that exceeds noise limits.