An Act to Reclassify Certain Offenses Under the Inland Fisheries and Wildlife Laws and Increase the Efficiency of the Criminal Justice System
Maine Legislature, Session 131, LD 0428
Committee: Criminal Justice and Public Safety
Sponsors: PLUECKER, BEEBE-CENTER, NEWMAN, NUTTING, SALISBURY, WARREN, BRAKEY
Amends: 12 MRSA §10605, 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 §12551-A, 17-A MRSA §4-B

Legislative Document
No. 428
H.P. 261
House of Representatives, February 2, 2023
An Act to Reclassify Certain Offenses Under the Inland Fisheries 
and Wildlife Laws and Increase the Efficiency of the Criminal 
Justice System
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: NEWMAN of Belgrade, NUTTING of Oakland, SALISBURY of Westbrook, 
WARREN of Scarborough, Senator: BRAKEY of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  12 MRSA §10605, sub-§1, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §64 and affected by §422, is further amended to read:
1.  Habitual violator defined.  For purposes of this section, "habitual violator" means 
a person whose record, as maintained by the department, shows that:
A.  The person has been convicted of 3 or more criminal violations under this Part, 
adjudicated of 3 or more civil violations under this Part or convicted of at least one 
criminal violation under this Part and adjudicated of at least one civil violation under 
this Part for a combined total of 3 or more times within the previous 5-year period, 
except that, whenever more than one criminal violation is or more than one civil 
violation or multiple violations of which at least one is a criminal violation and at least 
one is a civil violation are committed at the same time, multiple convictions or 
adjudications are deemed to be one offense; or.
B.  The person has been adjudicated as having committed 3 or more civil violations 
under this Part and convicted of 2 or more Class E crimes as a result of such prior 
adjudications within the previous 5-year period.
Sec. A-2.  12 MRSA §11109, sub-§1, as amended by PL 2015, c. 281, Pt. A, §4, is 
further amended to read:
1.  License required.  Except as otherwise authorized pursuant to this Part, a person 
may not engage in an activity for which a license may be issued under this section unless 
that person has a valid license issued under this section.  An electronic license or permit 
fulfills the requirement under this subsection that a person must have a physical paper 
license or permit if the electronic license or permit can be displayed upon request to a game 
warden or other law enforcement officer, an employee of the department, a registered 
Maine guide or the owner of the land on which the licensed activity is taking place.  Each 
Except as otherwise provided in this section, each day a person violates this subsection that 
person commits a Class E crime for which a minimum fine of $50 and an amount equal to 
twice the applicable license fee must be imposed a fine may be imposed and a term of 
imprisonment may not be imposed.
Sec. A-3.  12 MRSA §11109, sub-§3, ¶A, as amended by PL 2017, c. 164, §8, is 
further amended to read:
A.  A resident junior hunting license, for a person under 16 years of age, is $8 and 
permits hunting of all legal species, subject to the permit requirements in subchapter 3.  
Notwithstanding the permit fees established in subchapter 3, a resident junior hunting 
license includes all permits, stamps and other permissions needed to hunt at no 
additional cost.  A license holder under this paragraph 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.  A resident junior hunting license does not exempt the holder 
of the license from lottery-related application requirements under this Part. A resident 
under 16 years of age who hunts without a resident junior hunting license commits a 
civil violation.
Sec. A-4.  12 MRSA §11109, sub-§3, ¶F, as amended by PL 2019, c. 501, §8, is 
further amended to read:
F.  A nonresident junior hunting license, for a person under 16 years of age, is $35 and 
permits hunting of all legal species, subject to the permit requirements in subchapter 3.  
Notwithstanding the permit fees established in subchapter 3, a nonresident junior 
hunting license includes all permits, stamps and other permissions needed to hunt at no 
additional cost.  A license holder under this paragraph 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.  A nonresident junior hunting license does not exempt the 
holder of the license from lottery-related application requirements under this Part. A 
nonresident under 16 years of age who hunts without a nonresident junior hunting 
license commits a civil violation.
Sec. A-5.  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 in this Part, a person may not 
engage in the practice of falconry unless that person has a valid permit issued under this 
section.  Each day a person violates this subsection that person commits a Class E crime 
for which a minimum fine of $50 and an amount equal to twice the applicable license fee 
must be imposed civil violation.
Sec. A-6.  12 MRSA §11214, sub-§1, ¶F, 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 originally capable of 
holding more than 3 shells, unless the shotgun's magazine has been cut off, altered or 
plugged with a one-piece filler incapable of removal without disassembling the gun so 
as to reduce the capacity of the gun to not more than 3 shells in the magazine and 
chamber combined. A person who violates this paragraph commits a civil violation. 
This paragraph does not apply to:
(1)  Military organizations authorized by law to bear arms or to the National Guard 
in the performance of its duty;
Sec. A-7.  12 MRSA §11214, sub-§1, ¶I, 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 remain in waters of Merrymeeting Bay at any time during the 
period from one hour after legal shooting time until one hour before legal shooting time 
the next day. A person who violates this paragraph commits a civil violation;
Sec. A-8.  12 MRSA §11214, sub-§1, ¶J, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read:
J.  Leave or allow to remain in waters of Merrymeeting Bay an artificial cover, that is, 
a "stationary blind," or parts of an artificial cover used for hunting purposes between 
one hour after legal shooting time and one hour before legal shooting time the next day. 
A person who violates this paragraph commits a civil violation;
Sec. A-9.  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 in subsection 1, paragraphs F, I and J, a person who 
violates subsection 1 commits a Class E crime for which a fine may be imposed and a term 
of imprisonment may not be imposed.
Sec. A-10.  12 MRSA §11301, as amended by PL 2021, c. 100, §6 and affected by 
§13, is further amended to read:
§11301.  Placing of bear bait
1.  Bear baiting; penalty.  A person may not place bait to entice, hunt or trap black 
bear, unless:
A.  The bait is placed at least 50 yards from a travel way that is accessible by a 
conventional 2-wheel-drive or 4-wheel-drive vehicle;
B.  The stand, blind or bait area is plainly labeled with a 2-inch-by-4-inch tag with the 
name and address of the baiter;
C.  The bait is placed more than 500 yards from a site permitted or licensed for the 
disposal of solid waste or a campground;
D.  The bait is placed more than 500 yards from an occupied dwelling, unless written 
permission is granted by the owner or lessee;
E.  The bait is placed not more than 30 days before the opening day of the season, and 
not more than 30 days before the first Monday preceding September 1st and not after 
October 31st;
F.  The bait areas will be cleaned up by November 10th, as defined by the state litter 
laws; and
G.  The person hunting from a stand or blind of another person has permission of the 
owner of that stand or blind.
A person may not use bait to hunt or trap black bear without the oral or written permission 
of the landowner.
A person who violates this subsection commits a civil violation.
1-A.  Prohibition Prohibitions; penalty.  During the open season on hunting bear, a 
person may not within 50 yards of a bait site established by another person in accordance 
with section 11227 without the written permission of the person who established the bait 
site:
A.  Hunt, trap, molest or harass bear or release a dog or dogs for the purpose of hunting 
bear or training dogs to hunt bear; or.
A person who violates this paragraph commits a Class E crime for which a fine may 
be imposed and a term of imprisonment may not be imposed; or
B.  Disturb the bait site through the use of chemicals or take other action intended to 
interfere with the hunting of bear at the bait site by the person who established the bait 
site.
A person who violates this paragraph commits a Class E crime for which a fine may 
be imposed and a term of imprisonment may not be imposed.
2.  Penalty.  A person who violates this section commits a Class E crime.
Sec. A-11.  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 violates this section commits a Class E crime civil violation.
Sec. A-12.  12 MRSA §12051, sub-§1, as repealed and replaced by PL 2013, c. 
588, Pt. A, §16, is amended by amending the 2nd blocked paragraph to read:
A person who violates this subsection commits a Class E crime civil violation.
Sec. A-13.  12 MRSA §12054, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read:
2.  Rabbit hound field trials.  A person may not hold field trials for beagles and other 
rabbit hounds except from September 1st through the following April 10th.  A person who 
violates this subsection commits a Class E crime civil violation.
Sec. A-14.  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 organization may not hold field trials as provided 
under this section unless the club or organization has a valid license issued under this 
section.  Each day a person violates this subsection that person commits a Class E crime 
for which a minimum fine of $50 and an amount equal to twice the applicable license fee 
must be imposed civil violation.
Sec. A-15.  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 required.  A person may not charge others for the opportunity to hunt 
mallard ducks, pheasants, quail, Chukar partridge and Hungarian partridge in an area or 
establish a commercial shooting area for such purposes unless that person has a valid 
license issued under this section.  Each day a person violates this subsection that person 
commits a Class E crime for which a minimum fine of $50 and an amount equal to twice 
the applicable license fee must be imposed civil violation.
A.  Nothing in this subsection prohibits the operator of a commercial shooting area 
from authorizing a person to hunt other wild birds or wild animals in the commercial 
shooting area during the regular open season on those species, in accordance with this 
Part, as long as the person possesses a valid state hunting license that allows the hunting 
of those wild birds and wild animals.
Sec. A-16.  12 MRSA §12508, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended by amending the first blocked paragraph to read:
Each day a person violates this subsection, that person commits a Class E crime for which 
a minimum fine of $50 and an amount equal to twice the applicable license fee must be 
imposed civil violation.
Sec. A-17.  12 MRSA §12551-A, sub-§5, ¶B, as enacted by PL 2003, c. 655, Pt. 
B, §259 and affected by §422, is amended by amending subparagraph (2) to read:
(2)  Shall present a receipted invoice, bill of lading, bill of sale or other satisfactory 
evidence of the lawful possession of live baitfish or smelts for retail sale to any 
agent of the commissioner upon request. A person who violates this subparagraph 
commits a civil violation; or
Sec. A-18.  12 MRSA §12551-A, sub-§5, ¶B, as enacted by PL 2003, c. 655, Pt. 
B, §259 and affected by §422, is amended by amending the first blocked paragraph to read:
Each Except for a violation of subparagraph (2), each day a person violates this 
paragraph that person commits a class Class E crime for which a fine may be imposed 
and a term of imprisonment may not be imposed.
Sec. A-19.  12 MRSA §12551-A, sub-§6, ¶B, as enacted by PL 2003, c. 655, Pt. 
B, §259 and affected by §422, is amended by amending subparagraph (1) to read:
(1)  When engaged in taking, or assisting in taking, live baitfish for resale from 
inland waters, fail to exhibit a baitfish wholesaler's license to any agent of the 
commissioner upon request. A person who violates this subparagraph commits a 
civil violation;
Sec. A-20.  12 MRSA §12551-A, sub-§6, ¶B, as enacted by PL 2003, c. 655, Pt. 
B, §259 and affected by §422, is amended by amending the first blocked paragraph to read:
Each Except for a violation of subparagraph (1), each day a person violates this 
paragraph that person commits a class Class E crime for which a fine may be imposed 
and a term of imprisonment may not be imposed.
Sec. A-21.  12 MRSA §12551-A, sub-§7, ¶B, as amended by PL 2005, c. 237, §3, 
is further amended by amending subparagraph (1) to read:
(1)  When engaged in taking, or assisting in taking, live smelts for resale from 
inland waters, fail to exhibit the license to any agent of the commissioner upon 
request. A person who violates this subparagraph commits a civil violation;
Sec. A-22.  12 MRSA §12551-A, sub-§7, ¶B, as amended by PL 2005, c. 237, §3, 
is further amended by amending the first blocked paragraph to read:
Each Except for a violation of subparagraph (1), each day a person violates this 
paragraph that person commits a Class E crime for which a fine may be imposed and a 
term of imprisonment may not be imposed.
PART B
Sec. B-1.  17-A MRSA §4-B, sub-§4, as enacted by PL 1985, c. 282, §3, is amended 
to read:
4.   Evidence obtained pursuant to an unlawful search and seizure shall is not be 
admissible in a civil violation proceeding arising under Title 22, section 2383.
Sec. B-2.  17-A MRSA §4-B, sub-§5 is enacted to read:
5.  A law enforcement officer who has probable cause to believe that a violation of law 
has taken place or is taking place may make application for a search warrant in accordance 
with the applicable Maine Rules of Civil Procedure or Maine Rules of Unified Criminal 
Procedure.
PART C
Sec. C-1.  Effective date. Parts A and B of this Act take effect January 1, 2024.
SUMMARY
Part A amends certain laws regarding inland fisheries and wildlife in the Maine Revised 
Statutes, Title 12, Part 13, limiting the sentences for certain crimes to fines and changing 
some crimes to civil violations.  Crimes reduced to civil violations include junior hunting 
without a license, unlawful practice of falconry, unlawful hunting of migratory birds with 
a shotgun, allowing duck decoys or a stationary blind to remain in the water in 
Merrymeeting Bay beyond the legal hours and unlawful hunting of bear with dogs or with 
bait; certain violations of field trials, training dogs and opportunity to hunt laws; and certain 
violations of live smelt and baitfish laws.
Part B amends the Maine Criminal Code provision governing civil violations to 
explicitly provide that evidence obtained pursuant to an unlawful search and seizure is not 
admissible in any civil violation proceeding, not just those arising from cannabis possession 
by a person under 21 years of age or possession of butyl nitrite or isobutyl nitrite, and to 
permit a law enforcement officer who has probable cause to believe that a violation of the 
law has taken place or is taking place to make application for a search warrant.
Part C establishes an effective date of January 1, 2024 for Parts A and B.