reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12751. Commissioner's authority relating to culture and research

§12751. Commissioner's authority relating to culture and research
1.  Setting apart waters.
The commissioner may by rule, pursuant to section 10104, subsection 1, set apart, for a term not to exceed 10 years, any inland water for use by the State in conducting work on fish culture and scientific research relative to fish.
In the waters so set apart, the commissioner and persons acting under the commissioner's authority in their respective fish culture and scientific work may take fish at any time or in any manner and erect and maintain any fixtures necessary for these purposes. In no instance may the commissioner permit the taking of fish by explosive, poisonous or stupefying substances, except for the use of registered fish toxicants for reclamation purposes.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §296 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
2.  Taking of certain fish.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §296 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B296 (AMD). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12752. United States Fish and Wildlife Service

§12752. United States Fish and Wildlife Service
The United States Fish and Wildlife Service and its duly authorized agents may conduct fish culture operations and scientific investigations in the waters of this State in such manner and at such times as the service and its agents consider necessary and proper.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12753. Screens

§12753. Screens
1.  Commissioner's authority.
The commissioner may:
A. Authorize, alter and remove the screening of any inland waters; and   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. Prohibit fishing within 500 yards of any screen installed by authority of the commissioner or the Legislature.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Tampering with screen.
A person may not take up, destroy or injure any screen installed pursuant to this section, unless the person is duly authorized by the commissioner.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §297 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
3.  Penalty.
The following penalties apply to violations of subsection 2.
A. A person who violates subsection 2 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.   [PL 2003, c. 655, Pt. B, §298 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A person who violates subsection 2 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.   [PL 2003, c. 655, Pt. B, §298 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §298 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §§B297,298 (AMD). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12754. Fish spawning areas

§12754. Fish spawning areas
1.  Commissioner's authority.
The commissioner may by rule, pursuant to section 10104, subsection 1, designate any inland waters of the State as fish spawning areas.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Hearing.
The commissioner shall institute a public hearing, in conformity with the Maine Administrative Procedure Act, if so requested by any state agency.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12755. Tampering with department dam

§12755. Tampering with department dam
1.  Prohibition.
A person without authority from the commissioner may not:
A. Tamper with a department dam;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. Open or close gates or sluiceways of a department dam;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
C. Add or remove flashboards of a department dam; or   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
D. Otherwise damage or destroy a department dam.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
For purposes of this subsection, "department dam" means a dam owned or operated by the department, including dams in a fish hatchery or rearing station.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.   [PL 2003, c. 655, Pt. B, §299 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A person who violates this section 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.   [PL 2003, c. 655, Pt. B, §299 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §299 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B299 (AMD). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12756. Tampering with fishway

§12756. Tampering with fishway
1.  Prohibition.
A person without authority from the commissioner may not:
A. Tamper with a fishway;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. Close a fishway to fish migration;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
C. Introduce foreign objects into a fishway; or   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
D. Otherwise damage or destroy a fishway.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §300 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §300 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.   [PL 2003, c. 655, Pt. B, §301 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A person who violates this section 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.   [PL 2003, c. 655, Pt. B, §301 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §301 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §§B300,301 (AMD). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12757. Management of brook trout and landlocked salmon

§12757. Management of brook trout and landlocked salmon
Notwithstanding any other provision of this Part, any rule that includes a proposal to establish or amend the time, place or manner in which a person may fish for brook trout or landlocked salmon on inland waters is a routine technical rule as defined in Title 5, chapter 375, subchapter 2‑A. The department shall provide the information in subsections 1 to 3 to any person upon request and at all hearings or meetings that relate to the time, place or manner in which a person may fish for brook trout or landlocked salmon on inland waters:   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
1.  Information.
Information and interpretation leading to rule proposals including alternative proposals that staff have considered but not proposed;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Assessment of biological potential.
An assessment of the biological potential of the waters affected and management goals for those waters, including the best scientific judgment of the probable outcome and the probability of success of the plan relating to the management of brook trout and landlocked salmon; and
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  Assessment of ability to evaluate success.
A realistic assessment of the ability of fisheries staff to evaluate success of the management through future surveys.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12758. Fish stocking (REPEALED)

§12758. Fish stocking
(REPEALED)
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B302 (RP). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12758-A. Fish stocking; public notification

§12758-A. Fish stocking; public notification
When the Bureau of Resource Management plans to stock an inland water for the first time or to stock a new fish species or permanently stop stocking a fish species that is currently being stocked in an inland water, the department shall notify the public as provided in this section and allow for public comments on the stocking plan prior to implementing that plan. The department shall include on its publicly accessible website, in a manner that is easily identifiable and accessible by the public, notice of fish stocking plans identified under this section and allow public comment within a reasonable period of time. The department shall also provide notice by e-mail to organizations and individuals who have requested such notice. The department shall provide notification as provided in this section at the same time the stocking plan becomes a Bureau of Resource Management proposal. This section does not apply to a private pond or a fishing program for children.   [PL 2009, c. 216, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 216, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12759. Stocking river herring

§12759. Stocking river herring
1.  Prohibition.
A person may not stock river herring in Hogan Pond or Whitney Pond in the Town of Oxford or any waters that drain into or out of those ponds.
[PL 2017, c. 150, §8 (AMD).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.   [PL 2003, c. 655, Pt. B, §303 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A person who violates this section 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.   [PL 2003, c. 655, Pt. B, §303 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §303 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B303 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2017, c. 150, §8 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12761. Construction of new dams or other artificial obstructions

§12761. Construction of new dams or other artificial obstructions
1.  Notice required.
Prior to construction or prior to authorizing construction of a new dam or other obstruction in the inland waters, the owner, lessee or other person in control of the dam or other artificial obstruction shall provide written notice to the commissioner and the Commissioner of Marine Resources supplying information on construction plans, proposed location and date of construction of the dam or other artificial obstruction.
[PL 2011, c. 612, §2 (AMD).]
2.  Initiation of fishway proceedings.
Within 30 days of receipt of the construction notice pursuant to subsection 1, the commissioner and the Commissioner of Marine Resources shall review the plans in order to determine whether fishway construction or alteration of proposed fishway construction plans may be required pursuant to the criteria set forth in section 12760, subsection 4. If the commissioners determine that the construction or alteration may be necessary, the commissioners shall initiate fishway proceedings and follow the procedures prescribed in section 12760.
[PL 2011, c. 612, §2 (AMD).]
3.  Unlawful building of dam.
A person may not build any dam or other obstruction in any of the rivers, streams or brooks of this State without first filing written notice with the commissioner and the Commissioner of Marine Resources pursuant to subsection 1.
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.   [PL 2003, c. 655, Pt. B, §305 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
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.   [PL 2003, c. 655, Pt. B, §305 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2011, c. 612, §2 (AMD).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B305 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2011, c. 612, §2 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 2: FISH MANAGEMENT AND RESEARCH › 12 §12762. Fish kills; violations; fines; rules; definition

§12762. Fish kills; violations; fines; rules; definition
1.  Prohibition.
A person may not improperly operate a fishway required under this subchapter in a manner that results in a fish kill.
[PL 2003, c. 655, Pt. B, §306 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine equivalent to the value of the fish killed but not more than $10,000 for each day of that violation may be adjudged.   [PL 2003, c. 655, Pt. B, §306 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A person who violates this section 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.   [PL 2003, c. 655, Pt. B, §306 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 655, Pt. B, §306 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
3.  Rules; definition.
The department and the Department of Marine Resources shall jointly make rules defining "fish kill."
[PL 2003, c. 655, Pt. B, §306 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B306 (RPR). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 3: ENDANGERED SPECIES; MANAGEMENT AND RESEARCH › 12 §12801. Declaration of purpose

§12801. Declaration of purpose
The Legislature finds that various species of fish or wildlife have been and are in danger of being rendered extinct within the State of Maine, and that these species are of esthetic, ecological, educational, historical, recreational and scientific value to the people of the State. The Legislature, therefore, declares that it is the policy of the State to conserve, by according such protection as is necessary to maintain and enhance their numbers, all species of fish or wildlife found in the State, as well as the ecosystems upon which they depend.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
This subchapter and chapter 631 are established to carry out the purposes of this section.   [PL 2003, c. 573, §5 (NEW); PL 2003, c. 573, §8 (AFF); PL 2003, c. 655, Pt. C, §§3, 6 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 573, §5 (AMD). PL 2003, c. 573, §8 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §§C3,6 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 3: ENDANGERED SPECIES; MANAGEMENT AND RESEARCH › 12 §12802. Commissioner's authority, investigations and programs

§12802. Commissioner's authority, investigations and programs
1.  Investigations.
The commissioner may conduct investigations in order to develop information relating to population size, distribution, habitat needs, limiting factors and other biological and ecological data relating to the status and requirements for survival of any species of fish or wildlife occurring in the State, whether endangered or not.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §308 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
2.  Programs.
The commissioner may develop programs to enhance or maintain the populations described in subsection 1.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B308 (AMD). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 3: ENDANGERED SPECIES; MANAGEMENT AND RESEARCH › 12 §12805. Cooperative agreements

§12805. Cooperative agreements
The commissioner may enter into agreements with federal agencies, other states, political subdivisions of this State or private persons for the establishment and maintenance of programs for the conservation of endangered or threatened species and may receive all federal funds allocated for obligations to the State pursuant to these agreements.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 3: ENDANGERED SPECIES; MANAGEMENT AND RESEARCH › 12 §12806. State and local cooperation

§12806. State and local cooperation
1.  Review.
A state agency or municipal government may not permit, license, fund or carry out projects that will:
A. Significantly alter the habitat identified under section 12804, subsection 2 of any species designated as threatened or endangered under this subchapter; or   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. Violate protection guidelines set forth in section 12804, subsection 3.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
The commissioner shall make information under section 12804 available to all other state agencies and municipal governments for the purposes of review.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Variance.
Notwithstanding subsection 1, state agencies and municipal governments may grant a variance from this section provided that:
A. The commissioner certifies that the proposed action would not pose a significant risk to any population of endangered or threatened species within the State; and   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. A public hearing is held on the proposed action.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  Pending applications.
Notwithstanding Title 1, section 302, applications pending at the time of adoption of habitats and guidelines under section 12804, subsections 2 and 3 are governed by this section.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 3: ENDANGERED SPECIES; MANAGEMENT AND RESEARCH › 12 §12807. Introduction of wolves to State; approval

§12807. Introduction of wolves to State; approval
A person may not release a wolf in the State for the purpose of reintroducing that species into the State without the prior approval of both Houses of the Legislature and the commissioner.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
A person who violates this section commits a Class E crime.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 3: ENDANGERED SPECIES; MANAGEMENT AND RESEARCH › 12 §12809. Judicial enforcement

§12809. Judicial enforcement
1.  General.
In the event of a violation of this subchapter, any rule adopted pursuant to this subchapter or any license or permit granted under this subchapter, the Attorney General may institute injunctive proceedings to enjoin any further violation, a civil or criminal action, or any appropriate combination of those proceedings without recourse to any other provision of law administered by the department.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Restoration.
The court may order restoration of any area affected by any activity found to be in violation of this subchapter, any rule adopted pursuant to this subchapter or any license or permit granted under this subchapter, to its condition prior to the violation or as near to that condition as possible. When the court finds that the violation was willful, the court shall order restoration under this subchapter, unless the restoration would result in:
A. A threat to public health and safety;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. Environmental damage; or   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
C. A substantial injustice.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 4: FISH AND WILDLIFE › Chapter 925: FISH AND WILDLIFE MANAGEMENT AND RESEARCH › Subchapter 3: ENDANGERED SPECIES; MANAGEMENT AND RESEARCH › 12 §12810. Delisted species

§12810. Delisted species
1.  Definition.
For purposes of this section, "delisted species" means a species that was listed as a state endangered or threatened species under section 12803 and after 2007 was removed from that list by the Legislature. The following is a delisted species:
A. Bald eagle, Haliaeetus leucocephalus.   [PL 2009, c. 60, §2 (NEW).]
[PL 2009, c. 60, §2 (NEW).]
2.  Prohibited acts regarding delisted species.
Except as otherwise authorized by the commissioner pursuant to this Part, a person may not intentionally:
A. Import into the State or export out of the State a delisted species. A person who violates this paragraph commits a Class D crime, for which a fine of $2,000 must be adjudged, none of which may be suspended;   [PL 2019, c. 267, §3 (AMD).]
B. Hunt, trap, harass or possess a delisted species within the State. A person who violates this paragraph commits a Class D crime, for which a fine of $2,000 must be adjudged, none of which may be suspended; or   [PL 2019, c. 267, §3 (AMD).]
C. Process, sell, offer for sale, deliver, carry, transport or ship, by any means whatsoever, a delisted species or any part of a delisted species. A person who violates this paragraph commits a Class D crime, for which a fine of $2,000 must be adjudged, none of which may be suspended.   [PL 2019, c. 267, §3 (AMD).]
D. [PL 2019, c. 267, §3 (RP).]
[PL 2019, c. 267, §3 (AMD).]
SECTION HISTORY
PL 2009, c. 60, §2 (NEW). PL 2019, c. 267, §3 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 927: GUIDES, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP LEADERS › 12 §12851. Commissioner's authority to adopt rules

§12851. Commissioner's authority to adopt rules
The commissioner shall, with the advice and consent of the Advisory Board for the Licensing of Guides, adopt rules necessary to administer this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. The commissioner shall establish safety standards to provide the clients of guides reasonable protection from hazards. The commissioner may adopt rules in the following areas.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §314 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
1.  Alcohol; drugs.
The commissioner may require applicants to state whether they use alcohol or other drugs in a way that would interfere with their competence as guides.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Failure to meet party.
The commissioner may require applicants who have previously held a guide license to state that they have not received and retained a guiding fee from a party and then failed to meet that party as agreed or failed to provide the services as agreed.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  Competency.
The commissioner may establish standards of competency that must be provided to each applicant.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4.  Watercraft.
The commissioner may establish standards for the use of watercraft by a guide to ensure that the watercraft is safe for the use intended, that sufficient safety equipment is provided to each passenger and that the operator is competent to use watercraft.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
5.  Classification.
The commissioner may establish classifications of guide licenses, including general guides and specialized categories.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
6.  Other.
The commissioner may establish rules in any area as the commissioner considers necessary to administer this chapter, except that the commissioner may not require an applicant to demonstrate certification in cardiopulmonary resuscitation.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B314 (AMD). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 927: GUIDES, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP LEADERS › 12 §12852. Rule violations; licensed guides and trip leaders

§12852. Rule violations; licensed guides and trip leaders
The following penalties apply to violations of rules regulating licensed guides , youth camp trip leaders, educational trip leaders and course instructor certificates.   [PL 2021, c. 162, §5 (AMD).]
1.  Civil.
Notwithstanding section 10650, a person who violates a rule regulating licensed guides , youth camp trip leaders, educational trip leaders or course instructor certificates commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
[PL 2021, c. 162, §5 (AMD).]
2.  Criminal.
A person who violates a rule regulating licensed guides , youth camp trip leaders, educational trip leaders and course instructor certificates 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.
[PL 2021, c. 162, §5 (AMD).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B315 (RPR). PL 2003, c. 655, §B422 (AFF). PL 2009, c. 211, Pt. B, §§8-10 (AMD). PL 2021, c. 162, §5 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 927: GUIDES, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP LEADERS › 12 §12854. Guides carrying passengers for hire

§12854. Guides carrying passengers for hire
A guide carrying passengers for hire must be certified in the area of watercraft safety. A guide who has been certified in watercraft safety through the guide license examination process is authorized, without further licensing requirements, to operate a motorboat carrying passengers for hire pursuant to section 13063, subsection 2. A guide license issued to a guide who has been certified in watercraft safety must clearly indicate that the licensee is authorized to operate a motorboat carrying passengers for hire.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 927: GUIDES, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP LEADERS › 12 §12855. Examination

§12855. Examination
1.  Requirement.
In order to qualify for a guide license, a person who has not held a valid guide license within the previous 3 years must pass an examination pursuant to this section.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Form.
The commissioner shall determine the form and content of the examination.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  Location.
The commissioner shall designate locations where the examination will be held, except the examination must be held in one of the Inland Fisheries and Wildlife regions if at least 10 applicants reside in that region.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4.  Reexamination.
The commissioner may require a guide to be examined or reexamined if the commissioner receives a written complaint and, upon investigation, believes that the guide no longer meets the guide qualifications.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
5.  Fee.
The examination fee is $125. The fee is nonrefundable.
[PL 2023, c. 308, §9 (AMD).]
6.  Oral examination.
If an oral examination is administered, the examination must be conducted by at least 2 trained examiners designated pursuant to section 10153, subsection 5 who are approved by the commissioner or members of the Advisory Board for the Licensing of Guides.
[PL 2023, c. 308, §10 (AMD).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2023, c. 308, §§9, 10 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 927: GUIDES, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP LEADERS › 12 §12856. Approved curriculum for licensed Maine guides

§12856. Approved curriculum for licensed Maine guides
The commissioner shall approve a curriculum designed to prepare persons for the guide examinations. This curriculum must cover practical skills, fisheries and wildlife laws and other aspects important for the guiding profession. The commissioner shall convene an ad hoc advisory board, as defined under Title 5, section 12008, to develop the curriculum. Nonagency members must be compensated according to Title 5, chapter 379. The commissioner also shall consult with the Department of Education in developing the curriculum.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 927: GUIDES, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP LEADERS › 12 §12857. Hiring guide

§12857. Hiring guide
1.  Prohibition.
A person may not hire another person as a guide if the hiring person has knowledge that the person does not hold a valid guide license.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.   [PL 2003, c. 655, Pt. B, §317 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A person who violates subsection 1 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.   [PL 2003, c. 655, Pt. B, §317 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §317 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B317 (AMD). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 927: GUIDES, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP LEADERS › 12 §12858. Guide license violations

§12858. Guide license violations
1.  Guide license violations.
A person licensed as a guide may not violate the following provisions.
A. A person licensed as a guide may not knowingly assist a client in violating any of the provisions of this Part.
(1) If the violation committed by the client is a civil violation, a person licensed as a guide who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) If the violation committed by the client is a civil violation, a person licensed as a guide who violates this paragraph 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.
(3) If the violation committed by the client is a criminal violation, a person licensed as a guide who violates this paragraph commits a Class E crime.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. A person licensed as a guide who has knowledge that a client has violated the provisions of this Part shall, within 24 hours, inform a person authorized to enforce this Part.
(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates this paragraph 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.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
C. A person licensed as a guide may not take a party of more than 12 people out on any lake, stream or waterway in the State at any time.
(1) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates this paragraph 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.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
2.  Civil violations.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
3.  Criminal violations.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §318 (RP); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B318 (RPR). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 927: GUIDES, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP LEADERS › 12 §12859. Junior Maine guides

§12859. Junior Maine guides
1.  Eligibility.
To qualify as a junior Maine guide, a person must be at least 14 years of age and under 18 years of age, meet the requirements established by the commissioner and pass the required examinations.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Restrictions.
A junior Maine guide is not authorized to provide guiding services.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 927: GUIDES, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP LEADERS › 12 §12861. Transportation of guide's clients by unlicensed person (REPEALED)

§12861. Transportation of guide's clients by unlicensed person
(REPEALED)
SECTION HISTORY
PL 2007, c. 532, §1 (NEW). PL 2009, c. 598, §1 (AMD). MRSA T. 12 §12861, sub-§3 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 927: GUIDES, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP LEADERS › 12 §12862. Retrieval of wounded or killed bear, deer or moose after hours

§12862. Retrieval of wounded or killed bear, deer or moose after hours
Notwithstanding sections 11205, 11206 and 11111, the commissioner may authorize a person licensed to guide hunters under section 12853 whose client during a guided hunt wounds or kills a bear, deer or moose to track and dispatch that animal outside of legal hunting hours. A licensed guide authorized to track a wounded animal pursuant to this section may use one leashed dog for tracking purposes. The commissioner may place conditions and restrictions on tracking activities conducted pursuant to this section to ensure its proper administration and the humane treatment of a wounded animal.   [PL 2015, c. 90, §5 (NEW).]
SECTION HISTORY
PL 2015, c. 90, §5 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 929: WHITEWATER RAFTING › 12 §12902. Legislative findings

§12902. Legislative findings
The Legislature finds that the recreational use of watercraft on rapidly flowing rivers in this State has become an increasingly popular sport. Many members of the public rely on commercial whitewater outfitters to provide safe and enjoyable trips on these rivers. This sport may pose significant risks to the users of these rivers if outfitters are not skilled and knowledgeable in the navigation of those rivers and are not properly regulated.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
The Legislature further finds that increased use of the State's rapidly flowing rivers has increased the environmental, physical and social burdens on that resource.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
The Legislature further finds that it is in the public interest for the State, as trustee of the public waters, to regulate commercial whitewater rafting, pursuant to: the State's authority to protect the health, safety and welfare of its citizens; the State's authority to protect its natural resources or rapidly flowing rivers; and the State's authority over the care, supervision and protection of navigation.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
The Legislature further finds that, in exercising this authority, it is in the public interest for the State to adopt measures to ensure the competence of commercial whitewater outfitters; to adopt recreational use limits; and to allocate the privilege of commercial use where necessary to meet the objectives and goals of this chapter.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
The Legislature further finds that it is in the public interest to allow stable, well-qualified outfitters who are providing excellent service and meeting the conditions of their allocations to continue to do so, subject to periodic review.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 929: WHITEWATER RAFTING › 12 §12903. River management objectives

§12903. River management objectives
The following objectives are established for management of rapidly flowing rivers for the benefit of the people of the State:   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
1.  Safety and health requirements.
To ensure that safety and health requirements are met by all river users;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Minimize environmental impact.
To minimize environmental impact on the rivers and the river corridors, including access roads;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  Recreational use.
To allow a reasonable level of recreational use;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4.  Quality wilderness experience.
To maintain a quality wilderness experience on the rivers;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
5.  Multiple uses.
To minimize conflicts between different uses of the rivers in order to allow for multiple use;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
6.  Diversity of whitewater experiences and services.
To encourage a diversity of whitewater trip experiences and services;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
7.  River use and impact.
To monitor river use and its impact;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
8.  Communication.
To encourage open communication with all river users, both groups and individuals, on river management matters; and
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
9.  System of allocating river use.
To provide a system of allocating river use that is simple and fair and that meets the specific goals of section 12913.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 929: WHITEWATER RAFTING › 12 §12904. Exceptions

§12904. Exceptions
This chapter does not apply to the operation of canoes or kayaks. This chapter does not apply to guides, youth camp trip leaders or educational trip leaders licensed under chapter 927 or motorboat operators licensed under chapter 935, unless those persons are in the business of conducting commercial whitewater trips.   [PL 2021, c. 162, §10 (AMD).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2009, c. 211, Pt. B, §13 (AMD). PL 2011, c. 253, §35 (AMD). PL 2021, c. 162, §10 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 929: WHITEWATER RAFTING › 12 §12905. General penalty (REPEALED)

§12905. General penalty
(REPEALED)
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B323 (RP). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 5: GUIDES, OUTFITTERS AND TAXIDERMISTS › Chapter 929: WHITEWATER RAFTING › 12 §12906. Rule violations; whitewater rafting

§12906. Rule violations; whitewater rafting
The following penalties apply to violations of rules regulating commercial whitewater rafting.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §324 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
1.  Civil.
Notwithstanding section 10650, a person who violates a rule regulating commercial whitewater rafting commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
[PL 2003, c. 655, Pt. B, §324 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
2.  Criminal.
A person who violates a rule regulating commercial whitewater rafting 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.
[PL 2003, c. 655, Pt. B, §324 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B324 (RPR). PL 2003, c. 655, §B422 (AFF).