HP0485, LD 694, item 2, ‘An Act To Establish Youth Hunting Weekends’

Amend the bill by striking out the title and substituting the following:

‘An Act To Establish Youth Hunting Weekends’

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 12 MRSA §10501, sub-§9, as amended by PL 2003, c. 511, §1 and affected by §3 and c. 614, §§9 and 10, is further amended to read:

9. Possession of hunting equipment on Sunday. Possession of hunting equipment in the fields or forests or on the waters or ice in the State on Sunday is prima facie evidence of a violation of section 11205, unless:

A. The hunting equipment is carried, securely wrapped, in a complete cover;

B. The hunting equipment is fastened in a case; or

C. The hunting equipment is carried in at least 2 separate pieces in such a manner that it can not be fired, unless the separate pieces are joined together. For the purpose of this subsection, a clip, magazine or cylinder of a firearm may not be considered a piece of the hunting equipment. Bows and arrows must be kept in a case or cover if broadheads or field points are kept attached to the arrows . ; or

D. The hunting equipment is carried by a person authorized to hunt on Sunday during a youth hunting weekend in accordance with rules adopted by the commissioner pursuant to sections 11251, 11402, 11701 and 11851.

Sec. 2. 12 MRSA §11205, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §137 and affected by §422, is further amended to read:

1. Prohibition. A Except as provided by rules adopted by the commissioner pursuant to sections 11251, 11402, 11701 and 11851, a person may not:

A. Hunt wild animals or wild birds on Sunday; or

B. Possess any wild animal or wild bird taken in violation of paragraph A except as otherwise provided in this Part.

Sec. 3. 12 MRSA §11251, as amended by PL 2015, c. 79, §1, is further amended to read:

§ 11251. Open and closed seasons

1. Open season on bear; commissioner's authority. This subsection governs the open and closed seasons on bear.

A. There is an open season on hunting bear from the first Monday preceding September 1st to November 30th annually. The commissioner may, pursuant to section 10104, subsection 1, adopt rules prohibiting the use of bait to hunt black bear during any portion of the open bear hunting season. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

B. There is an open season on using a dog or dogs in conjunction with bear hunting from the first Monday preceding September 1st to the day preceding the open firearm season on deer provided in sections 11401 and 11402.

2. Youth bear hunting weekend. There is a youth hunting day weekend for hunting bear without a dog or dogs on the Saturday weekend prior to the opening day of the bear hunting season established under subsection 1, paragraph A. A person who holds a valid junior hunting license may hunt bear with a firearm, bow and arrow or crossbow during youth bear hunting day weekend. An adult supervisor, parent or guardian accompanying a youth on youth bear hunting day weekend may not possess a firearm, bow and arrow or crossbow while the youth is participating in the bear hunt. A person who holds a valid junior hunting license may hunt on a Sunday on a youth hunting weekend under rules adopted pursuant to this section only on land for which the landowner has provided the person written permission to hunt on Sunday. The person must have in the person's possession the written permission of the landowner while hunting on Sunday under this subsection.

Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 4. 12 MRSA §11402, sub-§4, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §169 and affected by §422, is further amended to read:

4. Rule. The commissioner by rule may:

A. Open any of the areas closed to deer hunting under subsection 3, as long as the legislative body of each affected town approves the opening. For purposes of this subsection, "affected town" means a town, township or municipality that contains within its borders any area proposed to be opened under this paragraph; and

B. Create special hunting seasons for the taking of deer in any part of the State to maintain deer populations in balance with available habitat, subject to the provisions of this paragraph.

(1) The demarcation of each area must follow recognizable physical boundaries, such as rivers, roads and railroad rights-of-way.

(3) The commissioner may establish limits on the number of deer taken or possessed by persons during a special season. Limits established by the commissioner under this subparagraph are exceptions to the limits imposed under section 11501.

(4) The commissioner may specify types of weapons to be used during a special season ; and .

C. Establish a youth deer hunting day.

Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 5. 12 MRSA §11402, sub-§5 is enacted to read:

5. Youth weekend. The commissioner shall establish by rule a youth hunting weekend for hunting deer. A person who holds a valid junior hunting license may hunt on a Sunday on a youth hunting weekend under rules adopted pursuant to this subsection only on land for which the landowner has provided the person written permission to hunt on Sunday. The person must have in the person's possession the written permission of the landowner while hunting on Sunday under this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 6. 12 MRSA §11701, as amended by PL 2015, c. 127, §§4 and 5 and affected by §6, is further amended to read:

§ 11701. Authority of commissioner; wild turkey hunting

The commissioner may establish open seasons for hunting wild turkeys, designate areas that are open to the taking of wild turkeys in any part of the State, prescribe the form and regulate the number of permits to be issued, determine the number and sex of the birds to be harvested, establish bag limits, establish permit eligibility requirements, establish legal hunting times, specify the types of weapons to be used during any open wild turkey hunting season and make any other rules that the commissioner considers necessary for the protection of the wild turkey resource. The rules must permit the use of a crossbow during the spring open wild turkey hunting season.

1. Spring season. The commissioner shall establish by rule a spring open season for hunting wild turkeys. Unless the commissioner determines that sound management principles require otherwise, the rule must allow during the spring open season for hunting wild turkeys:

A. A person to take up to 2 wild turkeys without any additional fee for the taking of the 2nd wild turkey;

B. A person to hunt from 30 minutes before sunrise to 30 minutes after sunset; and

C. A person to hunt wild turkeys using a crossbow, in addition to any other weapons allowed by the rule.

2. Fall seasons. Beginning with the 2016 fall open season, the commissioner shall establish by rule 2 fall open seasons for hunting wild turkeys. Unless the commissioner determines that sound management principles require otherwise, the rule must establish 2 fall open seasons that include the month of October and a week in the month of November and allow a person to take up to a total of 2 wild turkeys over both seasons regardless of sex without any additional fee for the taking of a 2nd wild turkey.

3. Youth weekend. The commissioner shall establish by rule a spring youth hunting day weekend for hunting wild turkeys from 30 minutes before sunrise to 30 minutes after sunset each day. The day weekend must be the Saturday weekend prior to the opening of the spring open season for hunting wild turkeys under subsection 1. A person who holds a valid junior hunting license may hunt on a Sunday on a youth hunting weekend under rules adopted pursuant to this subsection only on land for which the landowner has provided the person written permission to hunt on Sunday. The person must have in the person's possession the written permission of the landowner while hunting on Sunday under this subsection.

4. Penalty. A person who violates this section commits a Class E crime for which the court shall impose a fine of not less than $500, none of which may be suspended. The court also shall impose a fine of $500 for each turkey unlawfully possessed, none of which may be suspended.

A person who violates this section commits a Class E crime for which the court shall impose a fine of not less than $500, none of which may be suspended. The court also shall impose a fine of $500 for each turkey unlawfully possessed, none of which may be suspended.

Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 7. 12 MRSA §11851, sub-§4 is enacted to read:

4. Youth weekend. The commissioner shall establish by rule a youth hunting weekend for hunting migratory waterfowl. A person who holds a valid junior hunting license may hunt on a Sunday on a youth hunting weekend under rules adopted pursuant to this subsection only on land for which the landowner has provided the person written permission to hunt on Sunday. The person must have in the person's possession the written permission of the landowner while hunting on Sunday under this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.’

summary

The bill allows, with certain restrictions, any person to hunt on Sunday. This amendment, which is the minority report of the committee, replaces the bill and directs the Commissioner of Inland Fisheries and Wildlife to establish annual youth bear, deer, wild turkey and migratory waterfowl hunting weekends. A person who holds a valid junior hunting license may hunt on Sunday with the written permission of the landowner. The person must have in the person's possession the written permission of the landowner.

FISCAL NOTE REQUIRED

(See attached)

HP0485 LD 694	Session - 128th Maine Legislature C "A", Filing Number H-311, Sponsored by		LR 379 Item 2
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