An Act To Clarify and Enhance Maine's Fish and Wildlife Laws
Maine Legislature, Session 130, LD 1376
Committee: Inland Fisheries and Wildlife
Sponsors: MARTIN
Amends: 12 MRSA §11109-A, 12 MRSA §11154, 12 MRSA §11217, 12 MRSA §12501, 12 MRSA §12551-A, 12 MRSA §12708, 12 MRSA §13056, 12 MRSA §13106-A, 12 MRSA §13154-A, 12 MRSA §13155, 12 MRSA §13157-A

Legislative Document
No. 1376
H.P. 1010
House of Representatives, April 7, 2021
An Act To Clarify and Enhance Maine's Fish and Wildlife Laws
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204.
Received by the Clerk of the House on April 5, 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 MARTIN of Sinclair.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §11109-A, sub-§3, ¶B, as amended by PL 2007, c. 492, §2, is 
further amended to read:
B.  One deer in accordance with subsection 2 2-A, paragraph B A; and
Sec. 2.  12 MRSA §11154, sub-§2, as amended by PL 2017, c. 427, §11 and 
affected by §19 and amended by c. 458, §1, is repealed and the following enacted in its 
place:
2.  Issuance of moose hunting permits.  In accordance with section 11552, the 
commissioner may issue moose hunting permits and may establish the number of moose 
hunting permits to be issued for each wildlife management district established by the 
commissioner by rule open to moose hunting.  No more than 8% of the moose hunting 
permits may be issued to nonresidents.  No more than 2% of the moose hunting permits 
may be issued to hunting outfitters in accordance with subsection 14.
Sec. 3.  12 MRSA §11154, sub-§9-A, as enacted by PL 2013, c. 226, §2, is 
repealed.
Sec. 4.  12 MRSA §11154, sub-§10, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is repealed.
Sec. 5.  12 MRSA §11217, sub-§2, ¶I is enacted to read:
I.  A person who has lawfully killed and registered a wild turkey may sell the plumage, 
wing bones, beard and lower legs of that animal.
Sec. 6.  12 MRSA §11217, sub-§3-A is enacted to read:
3-A.  Prohibition on selling live wildlife.  A person may not sell any live wildlife 
unless authorized pursuant to section 12152 and the commissioner's rules related to the 
unrestricted species list or as otherwise provided in this Part.
Sec. 7.  12 MRSA §12501, sub-§5, as repealed and replaced by PL 2013, c. 538, 
§40, is repealed.
Sec. 8.  12 MRSA §12551-A, sub-§2, ¶E, as enacted by PL 2017, c. 164, §20, is 
amended to read:
E.  When licensed under this section, receive, possess for resale, sell or offer to sell gift 
baitfish or gift smelts without an appropriate and valid license issued under subsection 
3.
Sec. 9.  12 MRSA §12708, sub-§1, ¶B, as amended by PL 2017, c. 325, §1 and c. 
403, Pt. A, §1 and affected by §4, is further amended by amending subparagraph (57) to 
read:
(57)  Plymouth Bog WMA - Plymouth, Detroit, Burnham - Penobscot County, 
Somerset County and Waldo County; and
Sec. 10.  12 MRSA §12708, sub-§1, ¶B, as amended by PL 2017, c. 325, §1 and 
c. 403, Pt. A, §1 and affected by §4, is further amended by amending subparagraph (58) to 
read:
(58)  Such other areas as the commissioner designates, by rules adopted in 
accordance with section 12701, as state-owned wildlife management areas.; and
Sec. 11.  12 MRSA §12708, sub-§1, ¶B, as amended by PL 2017, c. 325, §1 and 
c. 403, Pt. A, §1 and affected by §4, is further amended by enacting subparagraph (59) to 
read:
(59)  Pleasant Bay WMA - Addison - Washington County.
Sec. 12.  12 MRSA §13056, sub-§2, ¶F, as amended by PL 2013, c. 408, §23, is 
further amended to read:
F.  A motorboat from a country other than the United States, as long as the motorboat 
has not been within this State for a period in excess of 60 consecutive days foreign 
watercraft;
Sec. 13.  12 MRSA §13106-A, sub-§15, ¶A, as enacted by PL 2003, c. 655, Pt. B, 
§394 and affected by §422, is amended by amending subparagraph (2) to read:
(2)  On the rear at least one lamp taillight capable of displaying a red light visible 
at a distance of at least 100 feet behind the snowmobile.
Sec. 14.  12 MRSA §13106-A, sub-§19, ¶A, as enacted by PL 2003, c. 655, Pt. B, 
§394 and affected by §422, is amended by amending subparagraph (1) to read:
(1)  On public ways in accordance with subsections 5, 6, 7 and 8 or on controlled 
access highways in accordance with subsection 3, paragraph A;
Sec. 15.  12 MRSA §13154-A, sub-§1, as enacted by PL 2003, c. 655, Pt. B, §404 
and affected by §422 and enacted by c. 695, Pt. B, §12 and affected by Pt. C, §1, is amended 
to read:
1.  Minimum age.  Except as provided in subsection 5 6, a person under 10 years of 
age may not operate an ATV.
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. 16.  12 MRSA §13155, sub-§3, as affected by PL 2003, c. 614, §9 and 
amended by c. 695, Pt. B, §13 and affected by Pt. C, §1, is further amended to read:
3.  Application and issuance.  The commissioner, or an agent designated by the 
commissioner, may register and assign a registration number to an ATV upon application 
and payment of an annual fee by the owner.  The commissioner shall charge a fee of $1 in 
addition to the annual fee for each registration issued by an employee of the department.  
The registration number in the form of stickers issued by the commissioner must be clearly 
displayed on the front and rear of the vehicle.  A registration is valid for one year 
commencing July 1st of each year, except that any registration issued prior to July 1st but 
after May 1st is valid from the date of issuance until June 31st 30th of the following year.
Sec. 17.  12 MRSA §13155, sub-§11, as enacted by PL 2007, c. 70, §1, is amended 
to read:
11.  Member Members of United States Armed Forces armed forces permanently 
stationed in State.  A person is The following persons are eligible to register an ATV 
owned by that person them at the resident fee if that person is:
A.  Serving A person serving in the Armed Forces of the United States and who is 
permanently stationed at a military or naval post, station or base in the State; or and
B.  The spouse or child and children of a the person under described in paragraph A if 
the spouse or child and children permanently resides reside with that person.
A member of the Armed Forces of the United States stationed in the State armed forces 
described in paragraph A or the spouse or child of that member who desires to register an 
ATV in this State shall present certification from the commander of the member's military 
or naval post, station or base, or from the commander's designated agent, that the member 
is permanently stationed at that post, station or base.  Registration fees for registrations 
pursuant to this subsection must be allocated as if the person registering the ATV was a 
resident of the municipality in which the post, station or base is situated.
Sec. 18.  12 MRSA §13157-A, sub-§13, as enacted by PL 2003, c. 655, Pt. B, §414 
and affected by §422, is amended to read:
13.  Operating ATV without protective headgear.  Notwithstanding Title 29‑A, 
section 2083, a A person under 18 years of age may not operate an ATV without protective 
headgear.
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. 19.  12 MRSA §13157-A, sub-§14, as enacted by PL 2003, c. 655, Pt. B, §414 
and affected by §422, is amended to read:
14.  Carrying passenger on ATV without headgear.  Notwithstanding Title 29‑A, 
section 2083, a A person may not carry a passenger under 18 years of age on an ATV unless 
the passenger is wearing protective headgear.
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. 20.  12 MRSA §13157-A, sub-§16, ¶A, as enacted by PL 2003, c. 655, Pt. B, 
§414 and affected by §422, is amended by amending subparagraph (2) to read:
(2)  The ATV must have mounted on the rear at least one taillight capable of 
displaying a red light that must be visible at a distance of at least 100 feet behind 
the ATV.
Sec. 21.  12 MRSA §13157-A, sub-§19, ¶A, as enacted by PL 2003, c. 655, Pt. B, 
§414 and affected by §422, is amended by amending subparagraph (1) to read:
(1)  Public ways in accordance with subsections 3, 6, 7, 8 and 9 or on controlled 
access highways in accordance with subsection 3, paragraph A;
SUMMARY
This bill makes the following changes to the fish and wildlife laws.
1.  It corrects cross-references.
2.  It corrects a conflict created by Public Law 2017, chapters 427 and 458, which 
affected the same provision of law.  It provides that no more than 8% of moose hunting 
permits may be issued to nonresidents and no more than 2% may be issued to hunting 
outfitters.
3.  It removes an obsolete provision related to road safety management areas.
4.  It eliminates the requirement that moose hunters complete a questionnaire.
5.  It provides that a person who has lawfully killed and registered a wild turkey may 
sell the plumage, wing bones, beard and lower legs of that animal.
6.  It provides that a person may not sell any live wildlife, subject to certain exceptions.
7.  It removes an obsolete provision related to a nonresident junior fishing license.
8.  It provides that a person licensed to deal in live smelts or baitfish may not receive, 
possess for resale, sell or offer to sell gift baitfish or gift smelts.
9.  It adds the Pleasant Bay Wildlife Management Area in Washington County to the 
list of wildlife management areas and adds 2 towns to the Plymouth Bog Wildlife 
Management Area.
10.  It exempts all foreign watercraft from the requirement that the owner obtain a 
certificate of number from the Commissioner of Inland Fisheries and Wildlife.
11.  It makes requirements for taillights for snowmobiles and all-terrain vehicles 
consistent.
12.  It changes a reference in the laws governing all-terrain vehicle registration from 
June 31st to June 30th.
13.  It changes the language of the provision governing the registration of an all-terrain 
vehicle by a member of the Armed Forces of the United States who is permanently 
stationed in this State to make it more consistent with a similar provision for the registration 
of a snowmobile.  It provides that registration fees for the registration of such an all-terrain 
vehicle must be allocated as if the person registering the all-terrain vehicle was a resident 
of the municipality where the member is stationed.
14.  It removes incorrect cross-references to the Maine Revised Statutes, Title 29-A in 
the laws governing wearing helmets while on an all-terrain vehicle.
15.  It makes consistent the provisions prohibiting the operation of all-terrain vehicles 
and snowmobiles too close to certain buildings.