An Act to Reclassify Certam Offenses Under the Inland F1shenes and W1ldhfe Laws and Increase the Efficiency ofthe Cnmmal Justice System
Maine Legislature, Session 131, LD 0428
Committee Amendment CA_A_H124 (House)
Amends: 12 MRSA §11109, 12 MRSA §11159, 12 MRSA §11214, 12 MRSA §11301, 12 MRSA §11302, 12 MRSA §12051, 12 MRSA §12054, 12 MRSA §12055, 12 MRSA §12101, 12 MRSA §12508, 12 MRSA §1255, 12 MRSA §12551-A

COMMITTEE AMENDMENT "A" to HP 261, L D 428, "An Act to Reclassify 
Certam Offenses Under the Inland F1shenes and W1ldhfe Laws and Increase the Efficiency 
ofthe Cnmmal 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 Wddhfe Laws' 
Amend the bill by stnkmg out eveiythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 12 MRSA §11109, sub-§1, as amended by PL 2015, c 281, Pt A, §4, 1s 
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furthei amended to read 
1. License required. Except as othe1wise autho11zed pursuant to this Part, a pe1son 
may not engage man activity for which a hcense may be issued under this section unless 
that person has a vahd license issued under this sect10n An electronic license 01 penmt 
fulfills the requnement under this subsect10n that a person must have a physical paper 
license or permit if the electromc license or pe11mt can be displayed upon request to a game 
warden or other law enforcement officei, an employee of the depa11ment, a 1eg1ste1ed 
Mame gmde or the owner of the land on which the licensed activity 1s takmg place &eh 
Except as otherwise provided m this section. each day a peison v10lates this subsection that 
person commits a Class E cmne for which a numm1:1m fiRe of $50 and aR amount eq1:1al to 
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tw1ee the appheable heeRse fee 11:n1st be HRf)osed the sentencmg altemative may mclude 
only the penalties provided m Title 17-A, sect10n 1704, subsect10n 5 and Title 17-A, sect10n 
1705, subsect10n 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 
peimits huntmg of all legal species, subJect to the permit 1 equ1rements m subchapter 3 
Notw1thstandmg the permit fees established m subchapter 3, a res1dentJumor hunting 
S 
hcense mcludes all pe11mts, stamps and other pe1m1ssions needed to hunt at no 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" P\ "to HP 261, L D 428 
add1t10nal cost A hcense holder under this paragraph who qualifies to hunt durmg the 
special season on deer under sectton 11153 and who meets the ehg1bihty requn ements 
of section 11106 must have mcluded m that person's license one antlerless deer permit 
and one either-sex peumt A residentJumor hunting license does not exempt the holder 
of the hcense from lottery-related application reqmrements under this Part A resident 
under 16 years of age who hunts without a resident mmor huntmg license commits a 
civil v10lat10n 
Sec. 3. 12 MRSA §11109, sub-§3, ~' as amended by PL 2019, c 501, §8, is 
further amended to read 
F A nonresidentJumor huntmg license, for a person undei 16 years of age, is $35 and 
permits huntmg of all legal species, suhJect to the permit reqmrements m subchapter 3 
Notw1thstandmg the permit fees established m subchapter 3, a nomesident JUntor 
huntmg license includes all permits, stamps and other perm1ss1ons needed to hunt at no 
add1t10nal cost A license holde1 undei this paragraph who quahfies to hunt dm mg the 
special season on deer under section 11153 and who meets the ehgibihty reqmrements 
of section 11106 must have mcluded m that person's hcense one antlerless deer penmt 
and one either-sex permit A nonresident JUmor huntmg license does not exempt the 
holder of the license from lottery-related application reqmrements under this Part A 
nonresident unde1 16 years of age who hunts without a nonresident mmor huntmg 
license commits a civd v10lation 
Sec. 4. 12 MRSA §11159, sub-§1, as enacted by PL 2003, c 414, Pt A, §2 and 
affected by c 614, §9, is amended to read 
1. Permit required. Except as otherwise authorized m this Part, a person may not 
engage m the practice of falconry unless that person has a vahd penmt issued undei this 
section Each day a pe1son v10lates this subsect10n that person commits a Class B eume 
for vAuoh a mml:!H:Hm fiae of $50 aacl aB amooo-t eqaal to tw1ee the apphoable heease fee 
must be imposed civil v10lat10n 
Sec. 5. 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 
F Hunt migratory game birds with a shotgun of any description ongmally capable of 
holdmg more than 3 shells, unless the shotgun's magazme has been cut off, alteied or 
plugged with a one-piece filler mcapable of removal without d1sassemblmg the gun so 
as to reduce the capacity of the gun to not m01 e than 3 shells m the magazme and 
chamber combmed A peison who violates this paiagiaph commits a c1vtl v10lat10n 
This pat agraph does not apply to 
( 1) Military orgamzations authorized by law to bear arms or to the N atlonal Gua1 d 
m the performance of its duty, 
Sec. 6. 12 MRSA §11214, sub-§1, 1{, as enacted by PL 2003, c 414, Pt A, §2 
and affected by c 614, §9, ts amended to read 
I Allow duck decoys to remam m waters of Merrymeetmg Bay at any tune durmg the 
penod 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 v10lat10n, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to HP 261, L D 428 
Sec. 7. 12 MRSA §11214, sub-§1, 1J, 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 of Merrymeetmg Bay an artificial cover, that 1s, 
a "stat10nary bhnd," or parts of an artificial cover used for huntmg purposes between 
one hom after legal shootmg tune and one hour befoi e legal shootmg time the next day_ 
A person who violates this paragraph commits a civil v10lation, 
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 provided m subsect10n 1, paragraphs F, I and J, a peison who 
v10lates subsection 1 commits a Class E crime for which the sentencmg alternative may 
mclude only the penalties provided m Title 17-A, sect10n 1 704, subsect10n 5 and Title 
17-A, section 1705, subsection 5 
Sec. 9. 12 MRSA §11301, as amended by PL 2021, c 100, §6 and affected by §13, 
1s further amended to read 
§11301. Placmg of bear bait 
1. Bear baitmg, penalty A person may not place bait to entice, hunt or trap black 
beat, unless 
A 
The bait is placed at least 50 ya1ds from a travel way that 1s accessible by a 
conventional 2-wheel-dnve or 4-wheel-duve vehicle, 
B The stand, blmd or bait area is plamly labeled with a 2-mch-by-4-mch tag with the 
name and address of the baitei, 
C The bait is placed more than 500 yaids fiom a site penmtted 01 hcensed for the 
disposal of sohd waste or a campground, 
D The bait 1s placed more than 500 yards from an occupied dwellmg, unless written 
pem11ss10n 1s granted by the owner or lessee, 
E The bait is placed not more than 30 days before the openmg day of the season, and 
not more than 30 days before the first Monday precedmg September 1st and not after 
October 31st, 
F The bait aieas will be cleaned up by November 10th, as defined by the state litter 
laws, and 
G The person huntmg from a stand or blmd of another person has perm1ss1on of the 
owner of that stand or blmd 
A person may not use bait to hunt or trap black bear without the oral or WI itten pen111ss1011 
of the landowner 
A person who v10lates this subsection commits a civil v10lat10n 
1-A Pr0h1brt10B Proh1bit10ns; penalty. Durmg the open season on huntmg beat, a 
person may not w1thm SO yards of a bait site established by another person 111 acc01 dance 
with sect10n 11227 without the wntten permission of the pe1son who established the bait 
site 
A Hunt, trap, molest 01 harass bear 01 release a dog or dogs for the purpose of huntmg 
bear or trammg dogs to hunt bear;-et_ 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"A"toHP 261,LD 428 
A person who v10lates this paragraph cmmmts a Class E crune for which the sentencing 
alternative may include only the penalties provided in Title 17-A, section 1704, 
subsection 5 and Title 17-A, sect10n 1705. subsection 5, or 
B Disturb the bait site through the use of chemicals or take other action intended to 
interfere with the huntmg of bear at the bait site by the person who established the bait 
site. 
A person who v10lates this paragraph commits a Class E crime for which the sentencmg 
altemative may mclude only the penalties provided m Title 17-A, section 1704, 
subsection 5 and Title 17-A. sectton 1705, subsection 5 
Penalty. A. persoe who violates this seet10a commits a Class B enme 
Sec. 10. 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 section commits a Class B enme c1v1l v10lat10n 
Sec. 11. 12 MRSA §12051, sub-§1, as repealed and replaced by PL 2013, c 588, 
Pt A, § 16, ts amended by amending the 2nd blocked paragraph to read 
A person who v10lates this subsection commits a Class B or1me civil v10lat1on 
Sec. 12. 12 MRSA §12054, sub-§2, as enacted by PL 2003, c 414, Pt A, §2 and 
affected by c 614, §9, 1s amended to read 
2. Rabbit hound field trials. A person may not hold field trials fot beagles and other 
rabbit hounds except from September 1st th1 ough the following April 10th A person who 
violates thts subsection commits a Class B er1me civil v10lation 
Sec. 13. 12 MRSA §12055, sub-§1, as enacted by PL 2003, c 414, Pt A, §2 and 
affected by c 614, §9, 1s amended to read 
1. License required. A club or orgamzat10n may not hold field trials as provided 
under this section unless the club or orgamzation has a valid hcense issued unde1 this 
section Each day a person v10lates this subsection that person commits a Class B 01 ime 
for wh1eh a mimHn1m fiae of $50 and aa ElfftOHflt eqHal to twiee the appheable heense fee 
fHl:lst be imposed c1vtl v10lat10n 
Sec.14. 12 MRSA §12101, sub-§1-A, as enacted by PL 2003, c 655, Pt B, §199 
and affected by §422, 1s amended to read 
1-A. License required A person may not cha1ge others for the opportumty to hunt 
mallard ducks, pheasants, quatl, Chukar partndge and Hunganan partndge man area or 
establish a commercial shootmg area f01 such purposes unless that person has a vahd 
license issued under this section Each day a person violates this subsection that person 
commits a Class B eume for 1.vh1eh a mimmum fiae of $50 and an amouat eq1:ml to tvnee 
the appheable heense fee must be imposed c1vtl v10lat1on 
A N othmg m this subsection proh1b1ts the operator of a commercial shootmg area 
from authonzmg a person to hunt other wild birds or wild animals m the comme1 ctal 
shootmg area durmg the regular open season on those species, m accordance with this 
Part, as long as the pe1son possesses a vahd state huntmg hcense that allows the huntmg 
of those wild birds and wild ammals 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"A,,toHP 261,LD 428 
Sec. 15. 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 v10lates this subsection, that person commits a Class E erune for wlueh 
a minimum fine of $50 aaa aa ammmt eei-aal to twwe the appheable heease fee must be 
imposed civil v10lation 
Sec. 16. 12 MRSA §1255,1-A, sub-§5, ,rB, as enacted by PL 2003, c 655, Pt B, 
§259 and affected by §422, is amended by amendmg subparagraph (2) to read 
(2) Shall present a rece,pted mvo1ce, bill of ladmg, btll of sale or other satisfactory 
evidence of the lawful possession of hve ba1tfish or smelts foi i etatl sale to any 
agent of the commissioner upon request A person who violates this subpru agraph 
commits a civil violation, or 
Sec. 17. 12 MRSA §12551-A, sub-§5, ,rB, as enacted by PL 2003, c 655, Pt B, 
§259 and affected by §422, is amended by amendmg the first blocked paragraph to read 
Eash fa.cept for a v10latton of subpaiagraph (2), each day a person violates this 
paragraph that person commits a &lass Class E crime for wruch the sentencmg 
alternative may mclude only the penalties provided m Title 17-A, sect10n 1704, 
subsection 5 and Title 17-A, sect10n 1705, subsection 5 
Sec. 18. 12 MRSA §12551-A, sub-§6, ,0, as enacted by PL 2003, c 655, Pt B, 
§259 and affected by §422, is amended by amendmg subparagraph (1) to read 
(I) When engaged m takmg, or assistmg m takmg, hve battfish for resale from 
mland waters, fail to exh1b1t a ba1tfish wholesaler's license to any agent of the 
commissioner upon request A person who violates this subparagraph commits a 
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, section 1705, 
subsection 5, 
Sec. 19. 12 MRSA §12551-A, sub-§6, ,0, as enacted by PL 2003, c 655, Pt B, 
§259 and affected by §422, 1s amended by amendmg the fast blocked paiagiaph to iead 
Eash Except for a v10lation of subparagraph (1), each day a person violates this 
paiagraph that person commits a &lass Class E crnne for which the sentencmg 
alternative may mclude only the penalties provided m Title 17-A, sect10n 1704, 
subsection 5 and Title 17-A, section 1705, subsect10n 5 
Sec. 20. 12 MRSA §12551-A, sub-§7, ,rB, as amended by PL 2005, c 237, §3, is 
furthei amended by amendmg subpaiagraph (1) to read 
(1) When engaged m takmg, or assistmg m takmg, hve smelts for resale ftom 
mland waters, fall to exh1b1t the hcense to any agent of the commissioner upon 
request A person who v10lates this subparagraph commits a Class E crnne 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. subsect10n 5. 
Sec. 21. 12 MRSA §12551-A, sub-§7, ,0, as amended by PL 2005, c 237, §3, 1s 
further amended by amendmg the first blocked parag1 aph to read 
&eh E:>..cept for a violation of subparagraph {1), each day a person violates this 
pa1agraph that person commits a Class E crune for which the sentencmg alternative 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to HP 261, L D 428 
may include only the penalties provided in Title 17-A, section 1704, subsect10n 5 and 
Title 17-A, section 1705, subsection 5 
Sec. 22. Appropriations and allocations. The followmg app10pnat10ns and 
allocat10ns are made 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative Provides one-time fundmg for computer programmmg costs to update 
classifications of offenses 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2023-24 
$3,400 
$3,400 
Sec. 23. Effective date. This Act takes effect January 1, 2024' 
2024-25 
$0 
$0 
Amend the bill by relettering or renumbermg any nonconsecutive Part lettei or section 
number to read consecutively 
SUMMARY 
This amendment is the maJonty report of the committee The amendment changes the 
bill title and does the followmg 
It 1 emoves from the bill the provision that updates the defimtion of "habitual 
v10lator" under the mland fishei ies and wddhfe laws 
It changes the penalty for the followmg mland fisheries and wildlife c1 lfiles from a 
Class E crune for which a fine may be imposed and a tenn of mcarceiation may not be 
imposed to a Class E c11me 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 crnnes 
A Huntmg without a hcense, 
B Inteifermg with another person's bait site durmg the open season on huntmg bear, 
C When a hve bait retaller possesses any species of fish that cannot be sold as bait at 
that retatler's place of business, 
D When the holder of a ba1tfish wholesaler's hcense takes baitfish other than by use 
of a seme, a ba1tfish trap, a dip net, a dtop net, a hft net or a bag net, or by hook and 
lme, attempts to take hve bait for resale from the mland waters of the State by f1shmg 
through the tee usmg drop nets unless the holder marks all holes made 111 the ice by the 
holder for that purpose, takes eels, takes 01 sells suckers greater than 10 mches m length 
between Apnl 1st and September 30th of each year, or possesses at that person's place 
of busmess any species of fish that may not legally be sold as bait, and 
E Several violat10ns pertammg to holders of a smelt wholesale dealer's license 
It changes the penalty for the followmg offenses from a c1v1l v10lat1on to a Class E 
cnme for which a sentencmg alternative may mclude only the penalties provided m Title 
17-A relatmg to maximum fmes for Class E crimes 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ft" to HP 261, L D 428 
A When the holder of a ba1tfish wholesaler's hcense, when engaged m talong, or 
ass1stmg m takmg, hve ba1tfish fot resale from mland waters, fails to exh1b1t a ba1tfish 
wholesaler's hcense to any agent of the Comm1ss10ner oflnland F1shenes and W1ldhfe 
upon 1 equest, and 
B When the holder of a smelt wholesale deale1
1s hcense, when engaged m takmg, or 
ass1stmg m takmg, hve smelts for resale from mland waters, fails to exh1b1t the hcense 
to any agent of the c01rumss1oner upon request 
It elnnmates from the bill prov1s10ns that expand the law that evidence obtamed 
pursuant to an unlawful search and setzut e 1s not adm1ss1ble m a civil violation and permit 
a law enforcement officer who has probable cause that a v10lat1on of law has taken place 
or 1s takmg place to make apphcat1on for a search watrant 
It adds an approp11at1ons and allocations section 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 04/22/23 ::k:'ae!. 
LD428 
LR 496(02) 
An Act to Reclassify Certain Offenses Under the Inland Fisheries and WIidlife Laws and Increase the 
Efficiency of the Criminal Justice System 
Fiscal Note for Bill as Amended by Committee Amendment ':✓-\" C ~ - L 24) 
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/ Allocat1ons 
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 is deci eased from Class E to a 
civil violation will decrease General Fund or other dedicated revenue by mmor amounts 
Fiscal Detail and Notes 
$0 
The bill mcludes a one-time General Fund appropriation of $3,400 m fiscal year 2023-24 to the Judicial Department 
for computer programmmg costs to update the classification of offenses 
LR0496(02) - Fiscal Note - Page 1 of 1