reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 809: JURISDICTION AND PENALTIES › 12 §9701. Penalty

§9701. Penalty
Unless otherwise specifically stated, any person who violates any requirement of this Part, the condition or terms of any permit or license issued by the director or the provision of any rule or regulation of the bureau commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged. Each day of a violation shall be considered a separate offense.   [PL 1979, c. 545, §3 (NEW); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]
In any action or proceeding brought by the Attorney General under this section, the court may award litigation costs, including court costs, reasonable attorney's fees and reasonable expert witness fees, to be deposited in the General Fund of the State if the State or any of its officers or agencies is a prevailing party in the action or proceeding and the defendant's defense was not substantially justified. For the purposes of this subsection, a defense is "substantially justified" if the defense had a reasonable basis in law or fact at the time it was raised.   [PL 2009, c. 536, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 2009, c. 536, §2 (AMD). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 405, Pt. A, §23 (REV).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 809: JURISDICTION AND PENALTIES › 12 §9702. Hindering state forest ranger or town forest fire warden

§9702. Hindering state forest ranger or town forest fire warden
1.  Hinder performance of duties or access.
A person may not:
A. Prevent or obstruct a state forest ranger or town forest fire warden in the performance of the ranger's or warden's duties or the exercise of the rights of entry, access or examination by any state forest ranger or town forest fire warden. Violation of this paragraph is a strict liability crime as defined in Title 17‑A, section 34, subsection 4-A; or   [PL 2003, c. 452, Pt. F, §50 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Attempt to prevent or obstruct a state forest ranger or town forest fire warden in the performance of the ranger's or warden's duties or the exercise of the rights of entry, access or examination by any state forest ranger or town forest fire warden.   [PL 2003, c. 452, Pt. F, §50 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. F, §50 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalty.
A person who violates subsection 1 commits a Class E crime.
[PL 2003, c. 452, Pt. F, §50 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 2003, c. 452, §F50 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 809: JURISDICTION AND PENALTIES › 12 §9703. Partial payment of costs of suppressing forest fires

§9703. Partial payment of costs of suppressing forest fires
Any person who intentionally or negligently causes a fire that burns forest, brush, grass or other lands or intentionally fails to take reasonable action to control a fire on that person's own land is liable civilly for restitution of costs incurred by state or municipal government entities in the suppression of that fire, up to the maximum amount of restitution permitted under section 9321. Compliance with section 9405-A does not relieve a railroad company of liability under this section.   [PL 1993, c. 271, §3 (AMD); PL 1993, c. 271, §4 (AFF).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1987, c. 464, §2 (AMD). PL 1991, c. 528, §E12 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §E12 (AMD). PL 1993, c. 271, §3 (AMD). PL 1993, c. 271, §4 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 809: JURISDICTION AND PENALTIES › 12 §9704. Penalties not substitutes for existing liabilities

§9704. Penalties not substitutes for existing liabilities
None of the penalties imposed by this Part shall be considered as substitutes for or as repealing laws making persons guilty of crimes, offenses or acts of trespass or liable for civil damages to persons injured by such acts, except that any person who invokes the remedy of section 9324, subsection 2, is barred from an action at common law for damages so sued for.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 809: JURISDICTION AND PENALTIES › 12 §9705. Recovery of certain penalties

§9705. Recovery of certain penalties
The penalty set forth in section 9701 when applied to the acts enumerated in section 9324, subsections 1 to 3, may be recovered in a civil action and payable 1/2 to the municipality, if any, where the offense is committed and 1/2 to the State.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 809: JURISDICTION AND PENALTIES › 12 §9706. Jurisdiction for prosecutions

§9706. Jurisdiction for prosecutions
The District Court shall have original and concurrent jurisdiction with the Superior Court in all prosecutions under this Part. Any person arrested as a violator may, with reasonable diligence, be taken before the District Court in the division nearest to where the offense is alleged to have been committed for a warrant and trial or to the District Court in adjoining divisions to the division, jurisdiction to be exercised in the same manner as if the offense had been committed in such division.   [PL 1979, c. 545, §3 (NEW).]
If such person fails to appear in court on the day specified, either in person or by counsel, the court shall order the recognizance and money deposited forfeited and may take any other action considered necessary.   [PL 1979, c. 545, §3 (NEW).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1989, c. 174, §9 (AMD). PL 1989, c. 704, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 809: JURISDICTION AND PENALTIES › 12 §9707. Acceptance of personal recognizance with deposit

§9707. Acceptance of personal recognizance with deposit
A forest ranger may accept recognizances in accordance with the following procedures:   [PL 1989, c. 704, §2 (NEW).]
1.  Acceptance.
A forest ranger making an arrest for any crime defined in this chapter at a point more than 50 miles distant from the nearest District Court may accept the personal recognizance of the arrested person in an amount not to exceed $500 for the arrested person's appearance before the nearest District Court on a specified date and a deposit in money to the amount of that recognizance;
[PL 1989, c. 704, §2 (NEW).]
2.  Report.
The forest ranger shall report any personal recognizance with deposit accepted and forward that deposit to the District Court to which the recognizance is returnable; and
[PL 1989, c. 704, §2 (NEW).]
3.  Forfeiture of deposit.
If the person on bail fails to appear in the court on the day specified, either in person or by counsel, the court shall order the recognizance and money deposit forfeited and may take any other action necessary. Forfeited money collected by the court must be paid to the General Fund.
[PL 1989, c. 704, §2 (NEW).]
SECTION HISTORY
PL 1989, c. 704, §2 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9901. Atlantic Salmon Authority (REPEALED)

§9901. Atlantic Salmon Authority
(REPEALED)
SECTION HISTORY
PL 1995, c. 406, §12 (NEW). PL 1995, c. 535, §1 (AMD). PL 1999, c. 401, §§BB8-10 (AMD). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9902. Powers (REPEALED)

§9902. Powers
(REPEALED)
SECTION HISTORY
PL 1995, c. 406, §12 (NEW). PL 1995, c. 535, §§2,3 (AMD). PL 1995, c. 667, §A36 (AMD). PL 1999, c. 401, §BB11 (AMD). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9902-A. Members; appointment; composition; term; compensation (REPEALED)

§9902-A. Members; appointment; composition; term; compensation
(REPEALED)
SECTION HISTORY
PL 1999, c. 401, §BB12 (NEW). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9902-B. Offices; meetings (REPEALED)

§9902-B. Offices; meetings
(REPEALED)
SECTION HISTORY
PL 1999, c. 401, §BB12 (NEW). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9902-C. Executive director; appointment; term; duties (REPEALED)

§9902-C. Executive director; appointment; term; duties
(REPEALED)
SECTION HISTORY
PL 1999, c. 401, §BB12 (NEW). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9902-D. Atlantic salmon advisory panels; appointment; composition (REPEALED)

§9902-D. Atlantic salmon advisory panels; appointment; composition
(REPEALED)
SECTION HISTORY
PL 1999, c. 401, §BB12 (NEW). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9903. Head of tide; Union River (REPEALED)

§9903. Head of tide; Union River
(REPEALED)
SECTION HISTORY
PL 1995, c. 406, §12 (NEW). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9904. Atlantic salmon license (REPEALED)

§9904. Atlantic salmon license
(REPEALED)
SECTION HISTORY
PL 1995, c. 406, §12 (NEW). PL 1995, c. 535, §4 (AMD). PL 1999, c. 401, §BB13 (AMD). PL 2003, c. 414, §B25 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9905. Registration of Atlantic salmon (REPEALED)

§9905. Registration of Atlantic salmon
(REPEALED)
SECTION HISTORY
PL 1995, c. 406, §12 (NEW). PL 1999, c. 401, §BB14 (AMD). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9906. Atlantic salmon imports; exemption from prohibition for fisheries enhancement (REPEALED)

§9906. Atlantic salmon imports; exemption from prohibition for fisheries enhancement
(REPEALED)
SECTION HISTORY
PL 1995, c. 406, §12 (NEW). PL 1999, c. 401, §BB15 (AMD). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9907. Atlantic salmon; limits; method of taking; closed season (REPEALED)

§9907. Atlantic salmon; limits; method of taking; closed season
(REPEALED)
SECTION HISTORY
PL 1995, c. 406, §12 (NEW). PL 1999, c. 401, §BB16 (AMD). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 12: ATLANTIC SALMON COMMISSION › Chapter 811: GENERAL PROVISIONS (REPEALED) › 12 §9908. Unlawful fishing for Atlantic salmon (REPEALED)

§9908. Unlawful fishing for Atlantic salmon
(REPEALED)
SECTION HISTORY
PL 2003, c. 414, §C2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2007, c. 240, Pt. QQ, §10 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 1: DEPARTMENT ESTABLISHED › 12 §10051. Department established

§10051. Department established
The Department of Inland Fisheries and Wildlife is established to preserve, protect and enhance the inland fisheries and wildlife resources of the State; to encourage the wise use of these resources; to ensure coordinated planning for the future use and preservation of these resources; to provide for effective management of these resources; and to use regulated hunting, fishing and trapping as the basis for the management of these resources whenever feasible.   [PL 2015, c. 416, §1 (AMD).]
The department consists of the Commissioner of Inland Fisheries and Wildlife, a deputy commissioner, the Division of Licensing, Registration and Engineering, the Bureau of Resource Management and the Bureau of Warden Service. The department also includes the Advisory Board for the Licensing of Guides and whatever state agencies that are designated. The department is under the control and supervision of the commissioner.   [PL 2009, c. 652, Pt. A, §13 (RPR).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2009, c. 340, §1 (AMD). PL 2009, c. 369, Pt. A, §26 (AMD). PL 2009, c. 652, Pt. A, §13 (AMD). PL 2015, c. 416, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 1: DEPARTMENT ESTABLISHED › 12 §10052. Division of Licensing and Registration

§10052. Division of Licensing and Registration
The Division of Licensing and Registration is established within the Department of Inland Fisheries and Wildlife. The division is equal in organizational level and status with other major organizational units within the department or its successors. The division is administered by a director who is immediately responsible to the deputy commissioner. The director possesses full authority and responsibility for administering all the powers and duties of the division, subject to the direction of the commissioner and except as otherwise provided by statute. The responsibilities of the division include, but are not limited to:   [PL 2011, c. 253, §1 (AMD).]
1.  Financial accounting.
[PL 2009, c. 340, §2 (RP).]
2.  Personnel activities.
[PL 2009, c. 340, §2 (RP).]
3.  Licensing and registration.
The administration and issuance of department licenses, stamps and permits and the registration of snowmobiles, watercraft and all-terrain vehicles.
[PL 2011, c. 253, §1 (AMD).]
4.  Engineering.
[PL 2011, c. 253, §1 (RP).]
5.  Land acquisition.
[PL 2009, c. 340, §2 (RP).]
6.  Equipment inventory.
[PL 2009, c. 340, §2 (RP).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B13 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2009, c. 340, §2 (AMD). PL 2011, c. 253, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 1: DEPARTMENT ESTABLISHED › 12 §10052-A. Division of Engineering

§10052-A. Division of Engineering
The Division of Engineering is established within the Department of Inland Fisheries and Wildlife. The division is equal in organizational level and status with other major organizational units within the department or its successors. The division is administered by a director who is immediately responsible to the deputy commissioner. The director possesses full authority and responsibility for administering all the powers and duties of the division, subject to the direction of the commissioner and except as otherwise provided by statute. The responsibilities of the division include the design, maintenance and repair of department-owned facilities, including the preparation of a capital improvement plan to be printed in the budget document.   [PL 2011, c. 253, §2 (NEW).]
SECTION HISTORY
PL 2011, c. 253, §2 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 1: DEPARTMENT ESTABLISHED › 12 §10054. Bureau of Warden Service

§10054. Bureau of Warden Service
The Bureau of Warden Service is established within the Department of Inland Fisheries and Wildlife. It is equal in organizational level and status with other major organizational units within the department or its successors. The bureau is administered by a director who is immediately responsible to the deputy commissioner. The director is the Game Warden Colonel and is employed pursuant to section 10103, subsection 3 and Title 5, chapter 71, which are applicable to this position. The director possesses full authority and responsibility for administering all the powers and duties of the bureau, subject to the direction of the commissioner and except as otherwise provided by statute. The responsibilities of the bureau include, but are not limited to:   [RR 2021, c. 2, Pt. A, §19 (COR).]
1.  General enforcement.
Enforcement of laws or rules as designated by this Part, or as specified;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Wildlife and fisheries enforcement.
Enforcement of laws and department rules pertaining to the management and protection of inland fisheries and wildlife resources as further designated by section 10353;
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §15 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
3.  Snowmobile, watercraft and all-terrain vehicle enforcement.
Enforcement of laws and department rules pertaining to the registration and operation of snowmobiles, watercraft and all-terrain vehicles;
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §15 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
4.  Search and rescue.
The coordination and implementation of all search and rescue operations as specified under section 10105, subsection 4;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
5.  Safety.
Assistance with programs for hunter safety and for the safe operation of snowmobiles, watercraft and all-terrain vehicles;
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
6.  Data collection.
The collection of data as needed for the management and protection of the inland fisheries and wildlife resources; and
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
7.  Other.
Such responsibilities as specified in state law.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §16 (AMD); 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, §§B15,16 (AMD). PL 2003, c. 655, §B422 (AFF). RR 2021, c. 2, Pt. A, §19 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 1: DEPARTMENT ESTABLISHED › 12 §10055. Division of Planning (REPEALED)

§10055. Division of Planning
(REPEALED)
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2017, c. 205, §5 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 1: DEPARTMENT ESTABLISHED › 12 §10056. Division of Public Information and Education

§10056. Division of Public Information and Education
The Division of Public Information and Education is established within the Department of Inland Fisheries and Wildlife and is responsible for the administration of programs to increase the public's knowledge and understanding of inland fisheries and wildlife resources and the management of these resources, including the administration of education programs for hunter safety and for the safe operation of snowmobiles, watercraft and all-terrain vehicles. The division's responsibilities include public education, promotion of inland fisheries and wildlife resources and the dissemination of information. The division's responsibilities also include conducting annual campaigns promoting safety in the handling and use of firearms, watercraft, all-terrain vehicles and snowmobiles as well as campaigns promoting safety with respect to other outdoor activities to the extent the division determines doing so would help improve safety in the woodlands and inland waters of the State. Campaigns to promote safety must be designed to reach target audiences effectively through television, radio, Internet or other communication mediums.   [PL 2019, c. 190, §1 (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, §B17 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2019, c. 190, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 2: COMMISSIONER: POWERS AND DUTIES › 12 §10101. Appointment

§10101. Appointment
The commissioner is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and to confirmation by the Legislature. The commissioner serves at the pleasure of the Governor. Any candidate for the office of commissioner must have a record of demonstrated support for, and an understanding of, the basics of modern wildlife and fisheries management and have experience in hunting, fishing or trapping.   [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 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 2: COMMISSIONER: POWERS AND DUTIES › 12 §10102. Office

§10102. Office
1.  Facilities.
The commissioner is entitled to have an office at the seat of government and adequate facilities for the transaction of the business of the department.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Traveling expenses.
The commissioner is entitled to receive all necessary traveling expenses.
[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 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 2: COMMISSIONER: POWERS AND DUTIES › 12 §10104. Rule-making power

§10104. Rule-making power
In addition to other powers granted in this Part, the commissioner has the following powers.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
1.  Rules.
The commissioner may, with the advice and consent of the advisory council and in conformity with Title 5, Part 18, and except as otherwise provided, adopt, amend and repeal reasonable rules, including emergency rules, necessary for the proper administration, implementation, enforcement and interpretation of any provision of law that the commissioner is charged with the duty of administering. These rules duly adopted have the full force and effect of law and are effective upon filing with the Secretary of State, unless a later date is required by statute or specified in the rule.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Filing of rules.
The commissioner may file certified copies of all rules adopted by the commissioner and any and all amendments to the rules with the clerks of the District Court and Superior Court. These certified copies are considered official publications of the State for all purposes, including, but not limited to, the Maine Rules of Civil Procedure, Rule 44(a)(1) and the Maine Rules of Evidence, Rule 902 (5), and judicial notice must be taken accordingly. A facsimile of the signature of the commissioner imprinted by or at the commissioner's discretion upon any such certificate of true copy has the same validity as the commissioner's written signature.
[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 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 2: COMMISSIONER: POWERS AND DUTIES › 12 §10106. Fish and wildlife restoration

§10106. Fish and wildlife restoration
1.  Commissioner's authority.
The State assents to the Federal Aid in Wildlife Restoration Act, Public Law, September 2, 1937, chapter 899, as amended, and the Federal Aid in Fish Restoration Act, Public Law, August 9, 1950, chapter 658, as amended. The commissioner is authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife and fish restoration projects, as defined in those Acts of Congress, in compliance with those Acts and with rules and regulations promulgated by the United States Secretaries of Agriculture and Interior under those Acts. In accordance with the Constitution of Maine, Article IX, Section 22, the commissioner shall ensure that none of the revenue collected, received or recovered by the department from license and permit fees; fines; the sale, lease or rental of property; penalties; and all other revenue sources pursuant to the laws of the State administered by the department, is diverted to any purpose other than administration of the department.
[PL 2013, c. 189, §1 (AMD).]
2.  Control of distribution and conservation of hares and rabbits.
The commissioner may at any time take and transport live hares or rabbits by purchasing them from local trappers whenever the commissioner determines it necessary for the proper distribution and conservation of hares and rabbits.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §27 (AMD); 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, §B27 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2013, c. 189, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 2: COMMISSIONER: POWERS AND DUTIES › 12 §10107. Deer wintering areas

§10107. Deer wintering areas
1.  Identification of deer wintering areas.
The commissioner shall, by rule, establish criteria for the identification of deer wintering areas in the State. The criteria must include:
A. Observation by department personnel;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. Deer tracks;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
C. Evidence of current or past browsing;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
D. Deer pellet depositions; or   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
E. Bedding sites.   [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.  Notification.
Whenever evidence indicates, according to criteria established by the commissioner, the existence of a deer wintering area in any municipality or plantation, the commissioner shall notify the officials of the municipality or plantation and the owner or owners of record of the property on which the area is located of the existence of the deer wintering area and shall provide information to those persons as to actions that may be taken to protect the deer in that area.
[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 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 2: COMMISSIONER: POWERS AND DUTIES › 12 §10107-A. Deer population goals and 5-year benchmark report (REPEALED)

§10107-A. Deer population goals and 5-year benchmark report
(REPEALED)
SECTION HISTORY
PL 2011, c. 381, §3 (NEW). PL 2023, c. 228, §1 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 2: COMMISSIONER: POWERS AND DUTIES › 12 §10110. Hunting and fishing license; confidential

§10110. Hunting and fishing license; confidential
1.  Indication of confidentiality.
The commissioner shall allow an applicant for a hunting or fishing license to indicate that the applicant's e-mail address is confidential.
[PL 2011, c. 185, §1 (NEW).]
2.  Confidential information.
If a person indicates that the person's e-mail address submitted as part of the application process for a hunting or fishing license is confidential as provided in subsection 1, that information is confidential.
[PL 2011, c. 185, §1 (NEW).]
3.  Exception.
E-mails designated as confidential under this section are not confidential to department personnel or law enforcement officers or for purposes of court proceedings.
[PL 2011, c. 185, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 185, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES › 12 §10152. Disabled hunter, trapper and angler advisory committee (REPEALED)

§10152. Disabled hunter, trapper and angler advisory committee
(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, §B32 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2015, c. 301, §3 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES › 12 §10153. Advisory Board for the Licensing of Guides

§10153. Advisory Board for the Licensing of Guides
1.  Members.
The Advisory Board for the Licensing of Guides, established by Title 5, section 12004‑I, subsection 23 and referred to in this section as "the board," consists of the following 8 members:
A. One subordinate officer of the department designated by the commissioner;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. Two wardens of the department;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
C. Four representatives of the public, with no more than 3 holding a license under chapter 927, to be appointed by the Governor for a term of 3 years to reflect a wide diversity of guiding experience. At least 2 members must be chosen for their expertise in outdoor recreation; and   [PL 2023, c. 308, §1 (AMD).]
D. One marine patrol officer of the Department of Marine Resources.   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
[PL 2023, c. 308, §1 (AMD).]
2.  Duties.
The board has the following duties:
A. To provide advice and consent regarding rules proposed by the commissioner;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. At the request of the commissioner, to conduct oral examinations of applicants for guide licenses; and   [PL 2023, c. 308, §2 (AMD).]
C. To advise the commissioner on granting and revoking guide licenses.   [PL 2023, c. 308, §3 (AMD).]
D. [PL 2023, c. 308, §4 (RP).]
[PL 2023, c. 308, §§2-4 (AMD).]
3.  Quorum.
Five members of the board constitute a quorum.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4.  Compensation.
All members of the board except state employees are entitled to receive compensation as provided in Title 5, chapter 379.
[PL 2023, c. 308, §5 (NEW).]
5.  Examiners.
The board shall designate examiners for the purpose of conducting oral examinations pursuant to section 12855, subsection 6. Examiners must be selected from active or retired members of the Bureau of Warden Service, current or former board members, active or retired members of the marine patrol or currently licensed Maine guides. Designated examiners are entitled to $150 per day plus per diem.
[PL 2023, c. 308, §6 (NEW).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2023, c. 308, §§1-6 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES › 12 §10154. Junior Maine Guides and Trip Leaders Curriculum Advisory Board (REPEALED)

§10154. Junior Maine Guides and Trip Leaders Curriculum Advisory Board
(REPEALED)
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 689, §B6 (REV). PL 2009, c. 211, Pt. B, §5 (AMD). PL 2009, c. 369, Pt. A, §27 (RP). PL 2009, c. 652, Pt. A, §14 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES › 12 §10156. Advisory Board for the Licensing of Whitewater Guides

§10156. Advisory Board for the Licensing of Whitewater Guides
1.  Members.
The Advisory Board for the Licensing of Whitewater Guides, referred to in this section as the "board" and established by Title 5, section 12004-I, subsection 23-B, consists of the following 10 members:
A. The commissioner or an employee of the department who is the commissioner's designee;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. One warden or retired warden of the department, appointed by the commissioner; and   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
C. Eight persons representing the public who are licensed whitewater guides, appointed by the Governor for staggered terms of 3 years. In making appointments under this paragraph, the Governor shall ensure that those appointments establish and maintain a wide diversity of whitewater guide experience on the State's rapidly flowing rivers. A person who holds a commercial whitewater outfitter's license is ineligible for appointment to the board. At least 5 persons appointed under this paragraph must have expertise in whitewater rafting on both the Kennebec River and the West Branch of the Penobscot River, including the cribworks.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §35 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §35 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
2.  Compensation.
Members who are not employed by the department are entitled to compensation as provided in Title 5, chapter 379.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  Duties.
The board has the following duties:
A. To provide advice regarding rules proposed by the commissioner;   [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
B. At the request of the commissioner, to conduct an examination of applicants for the whitewater guide's license as provided in section 12909, except that oral examinations are conducted by 2 members;   [PL 2007, c. 651, §3 (AMD).]
C. To advise the commissioner on granting and revoking whitewater guide's licenses; and   [PL 2007, c. 651, §4 (AMD).]
D. To advise the commissioner on establishing and reviewing safety requirements for whitewater trips, developing a safety information program and reviewing the safety record of whitewater guides and outfitters.   [PL 2007, c. 651, §5 (NEW).]
[PL 2007, c. 651, §§3-5 (AMD).]
4.  Quorum.
Five members of the board constitute a quorum.
[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, §B35 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2007, c. 651, §§3-5 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 4: FINANCES › 12 §10203. Collection and disposition of money

§10203. Collection and disposition of money
1.  General.
The following money must be paid to the Treasurer of State as undedicated revenue to the General Fund:
A. All fees, fines, penalties and officers' costs and all other money received, collected or recovered by the court or the department under any provisions of this Part except section 10206, subsections 1 and 3; section 10259; section 10353, subsection 3; section 11157; chapter 925, subchapter 3; and chapter 929; and   [PL 2009, c. 146, §1 (AMD).]
B. Any fees, fines and penalties recovered by the court from any prosecution by wardens pursuant to their acting, under section 10353, subsection 3, with the same powers and duties as sheriffs.   [PL 2009, c. 146, §2 (AMD).]
C. [PL 2009, c. 146, §3 (RP).]
[PL 2009, c. 146, §§1-3 (AMD).]
2.  Counties not to pay unpaid officers' fees.
Officers' fees taxed against a respondent, if any, under this Part that are not paid by or recovered from the respondent may not be assumed or paid by the county where the offense was committed.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  License and permit fees.
License and permit fees must be collected and expended in accordance with section 10801.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4.  Watercraft.
Money relating to watercraft laws and rules must be collected and expended in accordance with section 10206, subsection 3.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
5.  Snowmobiles and trail-grooming equipment.
Money relating to snowmobile and trail-grooming equipment laws and rules must be collected and expended in accordance with section 1893, subsection 3 and section 10206, subsection 2.
[PL 2005, c. 93, §1 (AMD).]
6.  Failure to pay fine or fee.
A person who receives money for any fine, or part thereof, for a violation of this Part, or any fee for a license or permit issued under the authority of this Part, may not neglect for more than 30 days to pay the money over as provided in this section.
A person who violates this subsection commits a Class E crime.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §46 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
7.  Department-owned property.
Money received from the sale, lease or rental of department-owned property or products must be deposited into the program account that originally expended funds for that property.
[PL 2009, c. 146, §4 (NEW).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B46 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2005, c. 93, §1 (AMD). PL 2009, c. 146, §§1-4 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 4: FINANCES › 12 §10204. Administrative costs recovered; federal and dedicated money

§10204. Administrative costs recovered; federal and dedicated money
The department is entitled to reimbursement for administrative costs associated with activities of the department performed in support of federal and other special revenue accounts from those accounts.   [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 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 4: FINANCES › 12 §10205. Funding of new programs

§10205. Funding of new programs
Any new program or service involving a mandated responsibility to the department must include provisions that specify that full funding for the new program or service is collected from those individuals who receive the service from the department.   [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 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 5: SPECIAL FUNDS › 12 §10251. Lifetime License Fund; establishment; management

§10251. Lifetime License Fund; establishment; management
1.  Fund established.
The Lifetime License Fund, referred to in this section as the "fund," is established in the department to accept all revenue derived from the sale of lifetime hunting and fishing licenses under section 10851. The Treasurer of State shall administer the fund and shall invest the fund, subject to the limitations of this section, for growth and income in a manner consistent with the Treasurer of State's fiduciary responsibilities. Money in the fund may not be expended for any purpose except as provided in this section.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Treasurer of State.
The Treasurer of State shall contract with investment firms as necessary to manage the fund; may agree to the payment of reasonable management fees to those firms, using money in the fund; and may direct those firms to purchase or sell investment opportunities as necessary to prudently manage the fund. The Treasurer of State annually may reimburse the State for costs incurred to oversee the fund from earnings of the fund.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  Commissioner.
The commissioner may accept donations to the fund but may not use any principal or earnings of the fund except upon the approval of the Treasurer of State and for the purposes set forth in this section.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4.  Uses of fund.
Prior to July 1, 2010, the Treasurer of State continuously shall reinvest all earnings of the fund and may not authorize any payments from the fund or use any earnings of the fund, except those necessary to pay the costs of administering the fund. On July 1, 2010, and on July 1st of each year thereafter, the Treasurer of State shall transfer to the department an amount determined by the department, not to exceed 5% of the fund principal. Additional interest earned by the fund, if any, must be reinvested. Unexpended balances from funds transferred to the department in any fiscal year may be carried forward to the next fiscal year to be used for the same purpose.
[PL 2017, c. 2, Pt. H, §1 (AMD).]
5.  Report.
The Treasurer of State shall report quarterly to the commissioner and to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters on the status of the fund, including the sources and amount of revenue deposited into the fund, interest earnings and payments from the fund.
[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 2015, c. 267, Pt. MMM, §1 (AMD). PL 2017, c. 2, Pt. H, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 5: SPECIAL FUNDS › 12 §10252. Fish hatchery maintenance fund

§10252. Fish hatchery maintenance fund
The fish hatchery maintenance fund, referred to in this section as the "fund," is established in the department as a nonlapsing fund to be used by the commissioner to fund or assist in funding engineering designs for the Embden Hatchery, a statewide assessment of all other hatchery facilities and maintenance, repair and capital improvements at fish hatcheries and feeding stations owned by the State. The fund may not be used to fund personnel services costs or general operating costs of a fish hatchery. The commissioner may accept and deposit into the fund any monetary gifts, donations or other contributions from public or private sources and must use that money for the purposes specified in this section.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §51 (AMD); 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, §B51 (AMD). PL 2003, c. 655, §B422 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 5: SPECIAL FUNDS › 12 §10253. Maine Endangered and Nongame Wildlife Fund

§10253. Maine Endangered and Nongame Wildlife Fund
1.  Fund established.
The Maine Endangered and Nongame Wildlife Fund, referred to in this section as the "fund," is established. The fund receives money deposited by the Treasurer of State pursuant to section 10255 and Title 36, section 5284, revenues generated in accordance with this section and any money contributed voluntarily to the fund. All money deposited in the fund and the earnings on that money remain in the fund to be used for the management of nongame wildlife and for necessary administrative and personnel costs associated with the management of nongame wildlife and may not be deposited in the General Fund or any other fund, except as specifically provided by law.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
2.  Report and allocation.
The commissioner shall include a report on the fund as part of the report submitted to the Governor pursuant to section 10103. This report must also be submitted to the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters. The commissioner shall submit a budget for each biennium in accordance with Title 5, sections 1663 to 1666. The State Controller shall authorize expenditures from the fund as allocated by the Legislature.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  Grants.
Any person, organization or agency of the State may apply to the department for a grant to undertake research and nongame wildlife management activities. The department may award grants out of the fund. For the purposes of this section, "nongame wildlife" includes all unconfined terrestrial, freshwater and saltwater species that are not ordinarily collected, captured or killed for sport or profit.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4.  Fundraising.
The commissioner or the commissioner's authorized agent may provide for the creation, reproduction, sale, licensing, distribution and other disposal of any art or products for the purpose of generating revenues for the management of the State's nongame wildlife. All money generated from the sale of these items must be deposited in the fund.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
5.  WE CARE support program.
The Wildlife Enthusiast's Conservation Appreciation, Recreation and Enjoyment, or "WE CARE," support program is established to encourage voluntary support for the programs and services provided by the department. The fee for participating in this program is $19. All money generated pursuant to this subsection must be deposited in the fund.
[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).