An Act to Reclassify Certain Offenses Under the Inland F1she1 ies and Wtldhfe Laws and Increase the Efficiency of the Crnnmal Justice System
Maine Legislature, Session 131, LD 0428
Committee Amendment CA_B_H125 (House)
Amends: 12 MRSA §11109, 12 MRSA §11159, 12 MRSA §11214, 12 MRSA §11302, 12 MRSA §12051, 12 MRSA §12054, 12 MRSA §12055, 12 MRSA §12101, 12 MRSA §12508, 12 MRSA §12551-A

COMMITTEE AMENDMENT "°& " to H P 261, L D 428, "An Act to Reclassify 
Certain Offenses Under the Inland F1she1 ies and Wtldhfe Laws and Increase the Efficiency 
of the Crnnmal Justice System" 
Amend the bill by stnkmg out the title and substitutmg the followmg 
'An Act to Reclassify Certam Offenses Under the Inland Fisheries and WIidiife Laws' 
Amend the bill by str1kmg out everythmg aftet the enactmg clause and msertmg the 
followmg 
'Sec. 1. 12 MRSA §11109, sub-§1, as amended by PL 2015, c 281, Pt A, §4, ts 
futther amended to read 
1. License required. Except as otherwise auth011zed pmsuant to this Part, a pe1son 
may not engage 111 an act1v1ty for which a license may be issued under this section unless 
that person has a vahd license issued under this section An electromc hcense or penmt 
fulfills the reqmrement under this subsectmn that a person must have a physical paper 
hcense or permit 1f the electromc license or penmt can be displayed upon request to a game 
warden or other law enforcement officer, an employee of the department, a 1eg1steied 
Mame gmde or the owner of the land on which the licensed activity 1s takmg place Bash 
Except as otherwise provided m this section, each day a peison v10lates this subsection that 
person commits a Class E crime for which a mmI-lllum flee of $50 aad aa amount equal to 
t\v1ee the appheable heense fee must be HHposed the sentencmg altemat1ve may mclude 
only the penalties provided m Title 17-A, section 1704, subsect10n 5 and Title 17-A, sectmn 
1705, subsection 5 
Sec. 2. 12 MRSA §11109, sub-§3, 1A, as amended by PL 2017, c 164, §8, is 
furthei amended to read 
A A resident Jumor huntmg license, for a person under 16 years of age, 1s $8 and 
penmts huntmg of all legal species, subJect to the peumt reqmrements m subchapter 3 
Notw1thstandmg the permit fees established m subchapte1 3, a res1dentJumor huntmg 
license mcludes all pe11111ts, stamps and other permissions needed to hunt at no 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" gu to HP 261, L D 428 
add1t1onal cost A license holder under this paragraph who qualifies to hunt durmg the 
special season on deer under sect10n 11153 and who meets the ehg1bility requuements 
of section 11106 must have mcluded m that person's license one antlerless deer penmt 
and one either-sex penmt A 1esidentJumor hunting license does not exempt the holdei 
of the license from lottery-related application requuements under this Part A resident 
under 16 years of age who hunts without a resident mmor huntmg license commits a 
civil violation 
Sec. 3. 12 MRSA §11109, sub-§3, ~' as amended by PL 2019, c 501, §8, 1s 
further amended to read 
F A nonresident Jumor huntmg license, for a person unde1 16 yeai s of age, is $3 5 and 
permits huntmg of all legal species, subJect to the permit reqmrements m subchapter 3 
Notwithstanding the permit fees established m subchapter 3, a nomesident Jumor 
huntmg license mcludes all penmts, stamps and other permiss10ns needed to hunt at no 
add1t10nal cost A license holder under this paragraph who quahfies to hunt durmg the 
special season on deer under section 11153 and who meets the eligibihty requn ements 
of section 11106 must have mcluded m that peison's license one antlerless deer penmt 
and one either-sex permit A nonresident Jumor huntmg hcense does not exempt the 
holder of the license from lottery-ielated application reqmrements undei this Part A 
nonresident under 16 years of age who hunts without a nonresident mmoi huntmg 
hcense commits a civil v10lat10n 
Sec. 4. 12 MRSA §11159, sub-§1, as enacted by PL 2003, c 414, Pt A, §2 and 
affected by c 614, §9, 1s amended to read 
1. Permit reqmred. Except as otherwise authorized m this Part, a person may not 
engage m the practice of falconry unless that person has a vahd pe11mt issued under this 
section Each day a person v10lates this subsection that person commits a Class E et 1me 
for v,th1eh a m1mmum fine of $50 and aa amount equal to tvnee the appheable heease fee 
Hll:lst be imposed civil violation 
Sec. 5. 12 MRSA §11214, sub-§1, ~' as enacted by PL 2003, c 414, Pt A, §2 
and affected by c 614, §9, 1s amended to read 
F Hunt migratory game birds with a shotgun of any description origmally capable of 
holdmg more than 3 shells, unless the shotgun's magazme has been cut off, altered or 
plugged with a one-piece fillet mcapable of removal without disassembling the gun so 
as to reduce the capacity of the gun to not more than 3 shells m the magazme and 
chamber combmed A pe1son who violates this paiagiaph commits a civil v1olat10n 
This paragraph does not apply to 
( 1) M1htary organizations authorized by law to bear arms or to the N at10nal Guai d 
m the perfonnance of its duty, 
Sec. 6. 12 MRSA §11214, sub-§1, ~' as enacted by PL 2003, c 414, Pt A, §2 
and affected by c 614, §9, is amended to read 
I Allow duck decoys to remam m wate1 s of Merrymeetmg Bay at any ttme during the 
period from one hour after legal shootmg time until one hour before legal shootmg time 
the next day A person who v10lates this paragraph commits a c1vtl v1olat1011, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "1::," to HP 261, L D 428 
Sec. 7. 12 MRSA §11214, sub-§1, ,rJ, as enacted by PL 2003, c 414, Pt A, §2 
and affected by c 614, §9, 1s amended to read 
J Leave or allow to remam m waters ofMerrymeetmg Bay an artificial cover, that 1s, 
a "stat10nary blmd," or parts of an artificial cover used fo1 huntmg purposes between 
one hour after legal shootmg tune and one hour before legal shootmg tune the next day_ 
A pe1son who v10lates this paragraph commits a civil v10lat1on, 
Sec. 8. 12 MRSA §11214, sub-§2, as enacted by PL 2003, c 655, Pt B, § 146 and 
affected by §422, is amended to read 
2. Penalty. A Except as p10v1ded m subsectmn 1, paragraphs F, I and J, a pe1son who 
v10lates subsect10n 1 commits a Class E cnme for which the sentencmg alternative may 
include only the penalties provided m Title 17-A, sect10n 1704, subsection 5 and Title 
17-A, section 1705, subsection 5 
Sec. 9. 12 MRSA §11302, sub-§3, as enacted by PL 2003, c 655, Pt B, §158 and 
affected by §422, is amended to read 
3. Penalty, A person who v10lates this sect10n commits a Class E enme civil v10lat1on 
Sec. 10. 12 MRSA §12051, sub-§1, as repealed and replaced by PL 2013, c 588, 
Pt A, § 16, 1s amended by amendmg the 2nd blocked paragraph to read 
A person who violates this subsection commits a Class E enme civil v1olat10n 
Sec. 11. 12 MRSA §12054, sub-§2, as enacted by PL 2003, c 414, Pt A, §2 and 
affected by c 614, §9, is amended to iead 
2. Rabbit hound field trials. A person may not hold field t11als for beagles and other 
rabbit hounds except from September 1st through the followmg Apnl 10th A pe1 son who 
v10lates this subsection commits a Class E enme civil v10lat10n 
Sec. 12. 12 MRSA §12055, sub-§1, as enacted by PL 2003, c 414, Pt A,. §2 and 
affected by c 614, §9, is amended to read 
1. License required. A club or orgamzat1on may not hold field tnals as pt ov1ded 
under this sect10n unless the club or orgamzation has a vahd license issued unde1 this 
sect10n Each day a person v10lates this subsection t;hat person commits a Class E enme 
fo1 vf1ueh a mimmum fiae of $50 and aH amouHt equal to nviee the appheable heeH:se fee 
must be imposed civil v10lat1on 
Sec. 13. 12 MRSA §12101, sub-§1-A, as enacted by PL 2003, c 655, Pt B, § 199 
and affected by §422, is amended to read 
1-A. License reqmred A person may not charge othe1s fm the opportumty to hunt 
malla1 d ducks, pheasants, quail, Chukar partridge and Hunganan partndge m an area 01 
establish a commercial shootmg area for such purposes unless that person has a vahd 
hcense issued under this section Each day a person v10lates this subsect10n that pe1son 
commits a Class E enme for v1h1eh a mmimum fiHe of $50 aHd aa amouflt equal to hvrno 
the at319heable heense fee must be imposed civil v10lat10n 
A N othmg m this subsect10n pt ohib1ts the operat01 of a commercial shootmg area 
from authonzmg a person to hunt other wild birds or wild ammals m the commercial 
shootmg area durmg the regular open season on those species, 111 accordance with this 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" 13>" to HP 261, L D 428 
Part, as long as the person possesses a vahd state huntmg hcense that allows the hunting 
of those wild birds and wild ammals 
Sec. 14. 12 MRSA §12508, sub-§1, as enacted by PL 2003, c 414, Pt A, §2 and 
affected by c 614, §9, is amended by amendmg the first blocked paragraph to read 
Each day a person violates this subsection, that pe1 son commits a Class E enme fe1 v;h1eh 
a mmlffl1:1m fine of $50 and an amount eq1:1al to tw1ee the a-ppheable heense fee m1:1st be 
imposed c1V1l v10lat10n 
Sec. 15. 12 MRSA §12551-A, sub-§5, ~' as enacted by PL 2003, c 655, Pt B, 
§259 and affected by §422, 1s amended by amendmg subparagraph (2) to read 
(2) Shall present a receipted mv01ce, bill of ladmg, bill of sale or other sat1sfact01 y 
evidence of the lawful possession of hve ba1tfish or smelts for retail sale to any 
agent of the comm1ss10ner upon request A person who violates this subparag1aph 
commits a civil v10lat1on, 01 
Sec. 16. 12 MRSA §12551-A, sub-§5, ~' as enacted by PL 2003, c 655, Pt B, 
§259 and affected by §422, 1s amended by amendmg the first blocked pat agraph to read 
Baell Except for a violation of subparagraph (2), each day a person violates this 
paiagiaph that person commits a elass Class E c11me for which the sentencing 
alternative may include only the penalties provided m Title 17-A, section 1704, 
subsection 5 and Title 17-A, sect10n 1705, subsect10n 5 
Sec. 17. 12 MRSA §12551-A, sub-§6, ~' as enacted by PL 2003, c 655, Pt B, 
§259 and affected by §422, is amended by amendmg subpatagraph (1) to 1ead 
(1) When engaged m takmg, or ass1stmg m takmg, hve baitfish for resale from 
mland waters, fail to exhibit a baitfish wholesaler's hcense to any agent of the 
commissioner upon request A person who v10lates this subparagraph commits a 
Class E crime for which the sentencmg alternative may mclude only the penalties 
provided m Title 17-A. section 1704. subsect10n 5 and Title 17-A, section 1705, 
subsect10n 5, 
Sec. 18. 12 MRSA §12551-A, sub-§6, ~' as enacted by PL 2003, c 655, Pt B, 
§259 and affected by §422, ts amended by amendmg the first blocked paragiaph to 1ead 
Eaeh E}..cept for a violation of subparagraph (1), each day a pe1son v10lates this 
paragraph that person commits a ela-ss Class E crime for which the sentencmg 
alternative may mclude only the penalties provided m Title 17-A, section 1704, 
subsection 5 and Title 17-A, sect10n 1705, subsection 5 
Sec. 19. 12 MRSA §12551-A, sub-§7, ~' as amended by PL 2005, c 237, §3, is 
further amended by amendmg subparagraph (1) to read 
(1) When engaged m takmg, or assistmg m takmg, hve smelts for resale from 
mland waters, fall to exh1b1t the hcense to any agent of the com1mss1one1 upon 
request A person who v10lates this subparagraph commits a Class E crime f01 
which the sentencmg alternative may mclude only the penalties pt ovided m Title 
17-A, section 1704, subsect10n 5 and Title 17-A. section 1705, subsection 5, 
Sec. 20. 12 MRSA §12551-A, sub-§7, ~' as amended by PL 2005, c 237, §3, 1s 
furthei amended by amendmg the first blocked paragraph to 1ead 
COMMITTEE AMENDMENT 
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s 
COMMITTEE AMENDMENT ""'"g "to HP 261, L D 428 
~ 
Except for a violation of subparagraph (1), each day a person violates this 
patagraph that pe1son commits a Class E cnme for which the sentencing alternative 
may mclude only the penalties provided m Title 17-A, section 1704, subsection S and 
Title 17-A, section 1705, subsection S 
Sec. 21. Appropriations and allocations. The following appropnat10ns and 
allocations are made 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Imtiat1ve Provides one-time fundmg for computer programmmg costs to update 
class1ficatlons of offenses 
GENERAL FUND 
All Othe1 
GENERAL FUND TOTAL 
2023-24 
$3,400 
$3,400 
Sec. 22. Effective date. This Act takes effect January 1, 2024 ' 
2024-25 
$0 
$0 
Amend the bill by relettering or renumbermg any nonconsecutive Part lette1 or sect10n 
number to read consecutively 
SUMMARY 
This amendment is a mmonty i eport of the comnuttee The amendment changes the 
bill title and does the followmg 
It iemoves from the bill the provision that updates the definition of "habitual 
v1olat01" undet the mland fisheries and wildlife laws 
It removes from the bill the provis10ns lowermg the penalty for violatmg laws related 
to bear hunting, bear trappmg and mterfermg with another person's bear bait site durmg the 
open season foi hunting bears 
It changes the penalty for the followmg mland fisheries and wildlife crimes ftom a 
Class E c1 ime for which a fine may be imposed and a term of mcarceration may not be 
imposed to a Class E crnne for which a sentencmg alternative may mclude only the 
penalties provided m the Mame Revised Statutes, Title 17-A relatmg to maximum fines for 
Class E crimes 
A Huntmg without a license, 
B When a hve bait retailer possesses any species of fish that cannot be sold as bait at 
that ietatler's place of busmess, 
C When the holder of a baitfish wholesaler's hcense takes baitfish other than by use of 
a seme, a baitfish trap, a dip net, a drop net, a hft net or a bag net, or by hook and hne, 
attempts to take hve bait for resale from the mland waters of the State by fishmg 
through the ice usmg drop nets unless the holde1 marks all holes made m the tee bx the 
holde1 fo1 that pm pose, takes eels, takes or sells suckeis greatei than IO mches m length 
between April 1st and September 30th of each year, or possesses at that person's place 
of business any species of fish that may not legally be sold as bait, and 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"t) "to HP 261,LD 428 
D Seveial v1olat1ons pertammg to holders of a smelt wholesale dealer's license 
It changes the penalty for the followmg offenses from a Class E c11me to a Class E 
cnme for which a sentencmg alternative may mclude only the penalties provided m Title 
I 7-A relatmg to maximum fines for Class E crimes 
A When the holder of a ba1tfish wholesale1
1s hcense, when engaged m takmg, or 
assistmg m takmg, hve baitfish for iesale from mland waters, falls to exhibit a ba1tfish 
wholesaler's hcense to any agent of the Commiss10ner oflnland Fisheries and Wildlife 
upon i equest, and 
B When the holder of a smelt wholesale dealer's bcense, when engaged m takmg, or 
assistmg m takmg, hve smelts for resale from mland waters, fails to exhibit the license 
to any agent of the comm1ss1oner upon request 
It elimmates from the bill provisions that expand the law that evidence obtamed 
pursuant to an unlawful search and seizure is not admissible m a civil v10lat10n and permit 
a law enforcement officer who has probable cause that a v10lat1on of law has taken place 
or 1s takmg place to make apphcation for a search wanant 
It adds an appropi 1at1ons and allocat1ons section 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 04/22/23 .:!k:'ae. 
LD428 
LR 496(03) 
An Act to Reclassify Certain Offenses Under the Inland Fisheries and Wildlife Laws and Increase the 
Efficiency of the Criminal Justice System 
Fiscal Note for Bill as Amended by Committee Amendment "g' ( H- - 1 L0 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
Projections 
FY 2025-26 
Projections 
FY 2026-27 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Correctional and Judicial Impact Statements 
$3,400 
$0 
$0 
$3,400 
$0 
$0 
Reductions m the collection of fines related to those cases where the class of cnme 1s decreased from Class E to a 
c1v1l v10lat10n will decrease General Fund or other dedicated revenue by mmor amounts 
Fiscal Detail and Notes 
$0 
$0 
The bill mcludes a one-time General Fund appropnat10n of $3,400 m fiscal year 2023-24 to the Judicial Depa1 tment 
fot computer programming costs to update the class1ficat10n of offenses 
LR0496(03) - Fiscal Note - Page 1 of 1