An Act to Clarify and Correct Inland Fisheries and Wildlife Laws
Maine Legislature, Session 131, LD 0131
Committee: Inland Fisheries and Wildlife
Sponsors: BLACK
Amends: 12 MRSA §10107-A, 12 MRSA §10260, 12 MRSA §10703, 12 MRSA §10853, 12 MRSA §11109-A, 12 MRSA §11552, 12 MRSA §12260-A, 12 MRSA §12501, 12 MRSA §13068-A, 12 MRSA §13071-A, 12 MRSA §13152

Legislative Document
No. 131
S.P. 70
In Senate, January 10, 2023
An Act to Clarify and Correct Inland Fisheries and Wildlife 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 BLACK of Franklin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §10107-A, as enacted by PL 2011, c. 381, §3, is repealed.
Sec. 2.  12 MRSA §10260, as corrected by RR 2015, c. 1, §6, is amended to read:
§10260.  Black Bear Research and Management Fund
The Black Bear Research and Management Fund, referred to in this section as "the 
fund," is established within the department as a nonlapsing fund to be used by the 
commissioner to fund or assist in funding studies related to research on and the 
management of black bears.  Revenue from the nonresident late season bear hunting permit 
under section 11151‑A and the bear trapping permit under section 12260‑A must be 
deposited in the fund.  The commissioner may accept and deposit into the fund monetary 
gifts, donations or other contributions from public or private sources for the purposes 
specified in this section.  The fund must be held separate and apart from all other money, 
funds and accounts.
Sec. 3.  12 MRSA §10703, sub-§2, as amended by PL 2019, c. 452, §3, is further 
amended to read:
2.  Prerequisites to tests.  The After a person's refusal to submit to a chemical test, the 
law enforcement officer shall inform the person to be tested of the consequences of refusing 
to comply with the test.  If the person fails to comply with the duty to submit to and 
complete the requested chemical tests at the direction of the law enforcement officer, that 
person is committing a civil violation for which the person may be required to pay a fine 
of up to $500.  The officer shall also inform the person that the failure to comply with the 
duty to submit to a chemical test is admissible in evidence against that person at any trial 
for hunting or operating under the influence of intoxicating liquor or drugs or a combination 
of liquor and drugs.
Test results may not be excluded as evidence in any proceeding before any administrative 
officer or court of this State as a result of the failure of the law enforcement officer to 
comply with these prerequisites.  The only effects of the failure of the officer to comply 
with the prerequisites are as provided in subsection 7.
Sec. 4.  12 MRSA §10703, sub-§7, ¶D, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read:
D.  The failure of a person to comply with the duty to submit to and complete a 
chemical test under section 10702, subsection 1 is admissible in evidence on the issue 
of whether that person was under the influence of intoxicating liquor or drugs.  If the 
law enforcement officer having probable cause to believe that the person hunted wild 
animals or wild birds or operated or attempted to operate a watercraft, snowmobile or 
ATV while under the influence of intoxicating liquor or drugs fails to give either of the 
warnings required under subsection 2, the failure of the person to comply with the duty 
to submit to a chemical test is not admissible, except when a test was required pursuant 
to subsection 11 11-A.  If a failure to submit to and complete a chemical test is not 
admitted into evidence, the court may inform the jury of the fact that a test result is not 
available.
Sec. 5.  12 MRSA §10703, sub-§11, as amended by PL 2011, c. 253, §8, is repealed.
Sec. 6.  12 MRSA §10703, sub-§11-A is enacted to read:
11-A.  Mandatory submission to test.  A person hunting wild animals or wild birds 
who is involved in a hunting incident or an operator of a watercraft, snowmobile or ATV 
who is involved in a watercraft, snowmobile or ATV crash shall submit to chemical tests, 
as described in this section, to determine the person's or operator's alcohol level or the 
presence of a drug or drug metabolite in the person's or operator's blood in the same manner 
as for operating under the influence of intoxicants or with an excessive alcohol level 
pursuant to Title 29-A, if there is probable cause to believe that serious injury or death has 
occurred or will occur as a result of the incident or crash and there is probable cause to 
believe that the person hunting wild animals or wild birds or operating the watercraft, 
snowmobile or ATV was impaired by alcohol, drugs or a combination of alcohol and drugs.  
The terms "watercraft," "snowmobile" and "ATV" have the same meanings as in section 
13001.
Sec. 7.  12 MRSA §10853, sub-§8, as amended by PL 2017, c. 164, §5, is further 
amended to read:
8.  Members of federally recognized Indian nation, band or tribe.  The 
commissioner shall issue a hunting, trapping and fishing license, including an archery 
hunting license under this chapter, and including all permits, stamps and other permission 
needed to hunt, trap and fish, to a person who is an enrolled member of the Passamaquoddy 
Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Aroostook Band 
of Micmacs that is valid for the life of that person without any charge or fee pursuant to 
section 11109, if the person presents certification from the respective appropriate 
reservation chief or governor or the Aroostook Micmac Council stating that the person 
described is an enrolled member of a federally recognized Indian nation, band or tribe listed 
in this subsection.  Holders of these licenses are subject to this Part, including, but not 
limited to, a lottery or drawing system for issuing a particular license or permit.  Members 
of a federally recognized Indian nation, band or tribe listed in this subsection are exempt 
from the trapper evaluation education program required for a license under section 12201, 
the bear trapping education course required by section 12260-A, subsection 4 and the 
archery hunter education course under section 11106.  A license holder under this 
subsection who qualifies to hunt during the special season on deer under section 11153 and 
who meets the eligibility requirements of section 11106 must have included in that person's 
license one antlerless deer permit and one either-sex permit.
Sec. 8.  12 MRSA §11109-A, sub-§2-A, as amended by PL 2021, c. 599, §8, is 
repealed and the following enacted in its place:
2-A.  Antlerless deer permit.  The following provisions govern the ability of a super 
pack license holder to obtain an antlerless deer permit.
A.  In a wildlife management district in which the commissioner issues at least 2,000 
antlerless deer permits, the commissioner may allocate up to 2.5% of those antlerless 
deer permits to super pack license holders.  The commissioner shall award to successful 
applicants an antlerless deer permit as described under section 11152, valid for use 
only in a designated district.
B.  In order to receive a super pack antlerless deer permit, a super pack licensee must 
apply through the antlerless deer permit lottery. If the applicant receives a super pack 
antlerless deer permit in accordance with paragraph A, the applicant may claim the 
permit at no cost.  If the applicant receives but does not claim the permit, the applicant 
forfeits the permit.  If the applicant does not receive a super pack antlerless deer permit 
in accordance with paragraph A, the applicant is eligible to receive an antlerless deer 
permit by means of the antlerless deer permit lottery as described in section 11152 and 
if received may claim and pay for the antlerless deer permit.  The applicant may 
purchase an antlerless deer permit over the counter.
Sec. 9.  12 MRSA §11109-A, sub-§3, as amended by PL 2021, c. 599, §9, is further 
amended to read:
3.  Harvest of 5 deer Deer harvest authorizations.  Notwithstanding section 11501, 
a super pack license authorizes the holder to take:
A.  One deer during either the regular open firearm season or the regular archery season 
or the special muzzle-loading season in accordance with sections 11401, 11403 and 
11404, respectively; and
B.  One deer in accordance with subsection 2‑A, paragraph A; and
C.  Three antlerless deer during the special archery season in accordance with section 
11402, subsection 4.
Sec. 10.  12 MRSA §11552, first ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
Rules adopted under this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2‑A.  The commissioner shall report to the joint standing committee of the 
Legislature having jurisdiction over wildlife matters by February 1st of each year on 
proposed actions under this section.
Sec. 11.  12 MRSA §12260-A, sub-§4, as enacted by PL 2021, c. 100, §12 and 
affected by §13, is amended by enacting a new 2nd blocked paragraph to read:
A person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot Nation, 
the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs who presents 
certification from the appropriate reservation chief or governor or the Aroostook Micmac 
Council stating that the person is an enrolled member of a federally recognized Indian 
nation, band or tribe listed in this paragraph is exempt from this subsection.
Sec. 12.  12 MRSA §12501, sub-§6, ¶B, as amended by PL 2009, c. 213, Pt. OO, 
§11, is further amended to read:
B.  A resident combination hunting and fishing license is $42 $43.
Sec. 13.  12 MRSA §12501, sub-§6, ¶C, as amended by PL 2009, c. 213, Pt. OO, 
§11, is further amended to read:
C.  A resident combination archery hunting and fishing license is $42 $43.
Sec. 14.  12 MRSA §13068-A, sub-§4, ¶A, as enacted by PL 2003, c. 655, Pt. B, 
§380 and affected by §422, is amended by amending subparagraph (3) to read:
(3)  Fails to wear a Coast Guard approved Type I, Type II or Type III personal 
flotation device while canoeing or kayaking on the Saco River between Hiram Dam 
and the Atlantic Ocean between January 1st and June 1st; or
Sec. 15.  12 MRSA §13068-A, sub-§4, ¶A, as enacted by PL 2003, c. 655, Pt. B, 
§380 and affected by §422, is amended by amending subparagraph (4) to read:
(4)  Fails to wear a Coast Guard approved Type I, Type II, Type III or Type V 
personal flotation device while operating a watercraft on:
(a)  The Penobscot River, between the gorge and the head of Big Eddy; or
(b)  The Kennebec River, between Harris Station and Turtle Island, at the foot 
of Black Brook Rapids.
Sec. 16.  12 MRSA §13071-A, sub-§2, ¶A, as enacted by PL 2003, c. 655, Pt. B, 
§384 and affected by §422, is amended by amending subparagraph (1) to read:
(1)  Operate or be a passenger on a personal watercraft unless the person is wearing 
a Coast Guard approved Type I, Type II or Type III personal flotation devices 
device; or
Sec. 17.  12 MRSA §13152, sub-§2, as repealed and replaced by PL 2005, c. 397, 
Pt. E, §17, is amended by amending the first blocked paragraph to read:
A person under 16 years of age must attend the training program with that person's parent 
or guardian.  The training program must include instruction on the safe operation of ATVs, 
the laws pertaining to ATVs, the effect of ATVs on the environment and ways to minimize 
that effect, courtesy to landowners and other recreationists and landowners and other 
materials as determined by the department.
Sec. 18.  Effective date. That section of this Act that repeals and replaces the Maine 
Revised Statutes, Title 12, section 11109-A, subsection 2-A takes effect January 1, 2024.
SUMMARY
This bill does the following.
1.  It eliminates provisions relating to the annual reports to the joint standing committee 
of the Legislature having jurisdiction over inland fisheries and wildlife matters on deer and 
moose management.
2. It replaces the provision that requires mandatory submission to complete chemical 
tests to determine a person's alcohol level or other chemical use by analysis of blood, breath 
or urine after that person has been involved in a hunting accident or operated a watercraft, 
snowmobile or ATV and it resulted in serious injury or death.  It also removes the provision 
requiring a person under 16 years of age to be accompanied by a parent or guardian in an 
ATV training program.
3. It provides clarity on how a super pack licensee applies for an antlerless deer permit.
4. It resolves a conflict in the Maine Revised Statutes, Title 12 regarding the cost of 
combination licenses.
5. It removes references to specific types of personal flotation device.
6. It renames the Black Bear Research Fund the Black Bear Research and Management 
Fund and modifies its purpose to allow the fund to be used for both research and 
management activities.
7.  It exempts members of certain federally recognized Indian nations, bands or tribes 
from the requirement to complete a bear trapping education course.