An Act To Amend Maine's Wildlife Laws Regarding Species of Special Concern
Maine Legislature, Session 130, LD 0088
Committee: Inland Fisheries and Wildlife
Sponsors: ORDWAY
Amends: 12 MRSA §10001, 12 MRSA §12152, 12 MRSA §12803

Legislative Document
No. 88
H.P. 54
House of Representatives, January 13, 2021
An Act To Amend Maine's Wildlife Laws Regarding Species of 
Special Concern
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204.
Received by the Clerk of the House on January 11, 2021.  Referred to the Committee on 
Inland Fisheries and Wildlife pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ORDWAY of Standish.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §10001, sub-§58-A is enacted to read:
58-A.  Species of special concern.  "Species of special concern" means a species of 
fish or wildlife that is not an endangered species or a threatened species but is particularly 
vulnerable and could easily become an endangered species or a threatened species or 
extirpated due to restricted distribution, low or declining numbers, specialized habitat needs 
or limits or other factors.
Sec. 2.  12 MRSA §12152, sub-§1-B, as enacted by PL 2017, c. 205, §15, is 
amended to read:
1-B.  Exemption.  Notwithstanding subsection 1‑A, a reptile, amphibian or 
invertebrate that is native to the State and not listed by the department as threatened, or 
endangered or as a species of special concern may be captured from the wild in the State 
and possessed without a permit. Possession limits for each species are as follows:
A.  Amphibians, up to 5 specimens of each species;
B.  Reptiles, up to 2 specimens of each species; and
C.  Invertebrates, no specimen limits.
Animals captured under this subsection must be kept in a manner that does not permit 
contact between those animals and any other animal that is not naturally present in the wild 
in this State.  If an animal captured under this subsection is released back into the wild, the 
animal must be released in or near the same location where the animal was captured. 
Importation into the State of a reptile, amphibian or invertebrate exempted under this 
subsection is prohibited without a permit. Exhibition, propagation or export or sale for 
commercial purposes is prohibited without a permit.  A person may not export, sell or 
otherwise use for commercial purposes any animal captured under this subsection unless 
the person holds an applicable permit for that use.
Sec. 3.  12 MRSA §12152, sub-§3-D, ¶G, as enacted by PL 2017, c. 205, §18, is 
amended to read:
G.  An educational and scientific collection permit, which allows the holder to hunt, 
trap, possess, band and transport wildlife from within the State for educational or 
scientific purposes. An educational and scientific permit is not required to hunt, trap, 
possess, band or transport an invertebrate that is not listed by the department as 
endangered, or threatened or as a species of special concern. An educational and 
scientific collection permit is available at no cost and expires one year from the date of 
issuance.
Sec. 4.  12 MRSA §12803, sub-§4, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
4.  Process for recommendation; notice and hearings hearing.  Prior to 
recommending an addition, deletion or other change to the endangered and threatened 
species listed in subsection 3, the commissioner shall provide for public notice and a public 
hearings hearing on that proposed recommendation in accordance with the provisions of 
Title 5, chapter 375, subchapter 2.
SUMMARY
This bill reduces to one the number of public hearings required to make a change to the 
endangered species list or the threatened species list and defines "species of special 
concern" to mean a species that may become endangered, threatened or extirpated.