An Act To Clarify and Enhance Maine's Fish and Wildlife Enforcement Laws
Sec. 1. 12 MRSA §10001, sub-§1-A is enacted to read:
Sec. 2. 12 MRSA §10001, sub-§11-A is enacted to read:
Sec. 3. 12 MRSA §10001, sub-§28-A is enacted to read:
Sec. 4. 12 MRSA §10651, sub-§1, ¶E, as affected by PL 2003, c. 614, §9 and amended by c. 695, Pt. B, §6 and affected by Pt. C, §1, is further amended to read:
(1) Operating or attempting to operate an all-terrain vehicle , snowmobile or watercraft past a clearly identifiable police roadblock; or
(2) After being requested or signaled to stop by a law enforcement officer in uniform, operating or attempting to operate an all-terrain vehicle , snowmobile or watercraft at a reckless rate of speed.
Sec. 5. 12 MRSA §10651, sub-§2, as affected by PL 2003, c. 614, §9 and amended by c. 695, Pt. B, §7 and affected by Pt. C, §1, is further amended to read:
Sec. 6. 12 MRSA §10652, as amended by PL 2011, c. 253, §7 and c. 682, §38, is further amended to read:
§ 10652. Abuse of another person's property
(1) Tear down or destroy any fence or wall on another person's land;
(2) Leave open any gate or bars on another person's land; or
(3) Trample or destroy any crop on another person's land . ;
(4) Damage or destroy a tree on another person's land by inserting into that tree any metallic or ceramic object to be used as, or as part of, a ladder or observation stand unless the person has the permission of the landowner; or
(5) Except as provided in this paragraph, erect or use either a portable or permanent ladder or observation stand on the land of another person unless:
(a) That person has obtained oral or written authorization to erect and use a ladder or observation stand from the landowner or the landowner's representative; and
(b) The ladder or observation stand is plainly labeled with a 2-inch by 4-inch tag identifying the name and address of the person or persons authorized by the landowner to use the stand or observation ladder.
This paragraph does not apply to a portable ladder or observation stand that is located on land within the jurisdiction of the Maine Land Use Planning Commission and attended by the person who owns the ladder or observation stand. For purposes of this paragraph, "observation stand" does not include a portable blind used at ground level that remains in the physical possession of the hunter.
(1) Damage or destroy a tree on another person's land by inserting into that tree any metallic or ceramic object to be used as, or as part of, a ladder or observation stand unless the person has the permission of the landowner;
(2) Except as provided in this paragraph, erect or use either a portable or permanent ladder or observation stand on the land of another person unless:
(a) That person has obtained oral or written authorization to erect and use a ladder or observation stand from the landowner or the landowner's representative; and
(b) The ladder or observation stand is plainly labeled with a 2-inch by 4-inch tag identifying the name and address of the person or persons authorized by the landowner to use the stand or observation ladder.
This subparagraph does not apply to a portable ladder or observation stand that is located on land within the jurisdiction of the Maine Land Use Planning Commission and attended by the person who owns the ladder or observation stand. For purposes of this subparagraph, "observation stand" does not include a portable blind utilized at ground level that remains in the physical possession of the hunter;
(3) Tear down or destroy any fence or wall on another person's land;
(4) Leave open any gate or bars on another person's land; or
(5) Trample or destroy any crop on another person's land.
(1) Tear down or destroy any fence or wall on another person's land;
(2) Leave open any gate or bars on another person's land; or
(3) Trample or destroy any crop on another person's land.
Except as otherwise provided, a person may not possess any wild animal or wild bird taken by hunting or trapping in violation of this subsection.
Sec. 7. 12 MRSA §10757, as amended by PL 2015, c. 281, Pt. A, §2, is further amended to read:
§ 10757. Fraudulently obtaining or possessing license, permit or registration
A person may not obtain or possess a paper or electronic license or , permit or registration authorized in this Part through fraud, misstatement or misrepresentation. A person who violates this section commits a Class E crime.
Sec. 8. 12 MRSA §10902, sub-§6, ¶G, as amended by PL 2013, c. 280, §3, is further amended to read:
Sec. 9. 12 MRSA §10902, sub-§7-A, as enacted by PL 2003, c. 592, §2 and affected by §5 and affected by c. 655, Pt. C, §§5 and 6, is amended to read:
Sec. 10. 12 MRSA §10952, as amended by PL 2015, c. 301, §7, is further amended to read:
§ 10952. Open seasons for hunting with bow and arrow, crossbow and airbow
Sec. 11. 12 MRSA §10953, sub-§4 is enacted to read:
Sec. 12. 12 MRSA §11103, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §112 and affected by §422, is further amended to read:
§ 11103. Convicted felon and prohibition for domestic violence
A person who is prohibited from possessing a firearm under Title 15, section 393, subsection 1 , 1-A or 1-B is ineligible to obtain or possess any license or permit issued by the department that authorizes a person to hunt with a firearm unless that person possesses a valid permit in accordance with Title 15, section 393, subsection 2.
Sec. 13. 12 MRSA §11108-B, sub-§1, as amended by PL 2013, c. 538, §19, is further amended to read:
(1) A person who violates this subsection commits a civil violation for which a fine of not less than $500 and not more than $1,000 may be adjudged.
(2) 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.
Sec. 14. 12 MRSA §11108-B, sub-§1-A, ¶A, as amended by PL 2015, c. 301, §12, is further amended to read:
Sec. 15. 12 MRSA §11108-B, sub-§2, as amended by PL 2013, c. 538, §19, is further amended to read:
(1) A person who violates this subsection commits a civil violation for which a fine of not less than $500 must be adjudged.
(2) 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.
Sec. 16. 12 MRSA §11301, sub-§1, ¶E, as repealed and replaced by PL 2011, c. 691, Pt. A, §9, is amended to read:
Sec. 17. 12 MRSA §12255, sub-§1, as amended by PL 2015, c. 301, §32, is further amended to read:
(1) Check each trap, except killer-type traps or drowning sets, at least once in every calendar day; and
(2) Check each killer-type trap or drowning set at least once in every 3 calendar days, except that a drowning set placed within 1/2 mile of a city, town or village center must be checked at least once in every calendar day; and
(1) Check each trap, except killer-type traps and drowning sets, at least once in every calendar day; and
(2) Check each killer-type trap or drowning set at least once in every 5 calendar days.
This subsection does not apply to under-ice drowning sets for beaver and muskrat. For the purposes of this subsection, "check" means to visit or cause to be visited in a physical manner or to monitor the trap with the aid and use of wireless, digital imaging technology.
A person who violates this subsection commits a Class E crime.
Sec. 18. 12 MRSA §12304-A, as enacted by PL 2003, c. 655, Pt. B, §232 and affected by §422, is repealed.
Sec. 19. 12 MRSA §12304-B is enacted to read:
§ 12304-B. Condition of animal presented for registration
Sec. 20. 12 MRSA §12602, 2nd ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
A person who violates this section commits a Class E crime. The court shall also impose a fine of $20 for each fish unlawfully possessed, none of which may be suspended. In the case of smelt limits, a person who violates this section commits a Class E crime; and the court shall impose a fine of $20 for each quart of smelts over the limit.
Sec. 21. 12 MRSA §13063, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §373 and affected by §422, is further amended to read:
§ 13063. Requirements for operators who carry passengers for hire with watercraft
Sec. 22. 12 MRSA §13104, sub-§13, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §390 and affected by §422, is repealed.
Sec. 23. 15 MRSA §393, sub-§1-B, as amended by PL 2015, c. 470, §3, is further amended to read:
(1) A Class D crime in this State in violation of Title 17-A, section 207-A, 209-A, 210-B, 210-C or 211-A; or
(2) A crime under the laws of the United States or any other state that in accordance with the laws of that jurisdiction is elementally substantially similar to a crime in subparagraph (1).
Violation of this paragraph is a Class C crime; or
Except as provided in subsection 1-A, the prohibition created by this subsection for a conviction or adjudication of an offense listed in paragraph A or B expires 5 years from the date the person is finally discharged from the sentence imposed as a result of the conviction or adjudication if that person has no subsequent criminal convictions during that 5-year period. If a person is convicted of a subsequent crime within the 5-year period, the 5-year period starts anew from the date of the subsequent conviction. In the case of a deferred disposition, the 5-year period begins at the start of the deferred disposition period. If, at the conclusion of the deferred disposition period, the court grants the State's motion to allow a person to withdraw the plea and the State dismisses the pending charging instrument with prejudice, the 5-year period terminates.
For the purposes of this subsection, a person is deemed to have been convicted or adjudicated upon the acceptance of a plea of guilty or nolo contendere or a verdict or finding of guilty, or of the equivalent in a juvenile case, by a court of competent jurisdiction.
For the purposes of this subsection, a person is deemed to have been found not criminally responsible by reason of insanity upon the acceptance of a plea of not criminally responsible by reason of insanity or a verdict or finding of not criminally responsible by reason of insanity, or of the equivalent in a juvenile case, by a court of competent jurisdiction.
The provisions of this subsection apply only to a person convicted, adjudicated or placed on deferred disposition on or after October 15, 2015.
Sec. 24. 36 MRSA §2903-D, sub-§2, ¶A, as amended by PL 2003, c. 414, Pt. B, §66 and affected by c. 614, §9, is further amended to read:
summary
This bill makes several changes to the State's fish and wildlife enforcement laws. The bill:
1. Makes it legal for a person to use wireless, digital imaging technology as a means to comply with a trap tending requirement;
2. Makes it clear that hunting with thermal imaging equipment is illegal;
3. Creates a $20 penalty for each quart over the 2-quart limit on smelts;
4. Amends terminology in the law governing apprentice hunter license restrictions;
5. Makes it illegal to fraudulently obtain registrations in addition to licenses and permits that are provided by the department;
6. Makes failing to stop for a law enforcement officer while operating a snowmobile or watercraft a Class D crime consistent with the provision applying to all-terrain vehicles;
7. Makes the airbow a legal hunting implement when used within certain parameters. It defines "airbow," "crossbow" and "hand-held bow";
8. Specifies that, in addition to a firearm, a person convicted of a domestic violence offense may not own, possess or have under that person's control a crossbow or muzzleloader or archery equipment;
9. Requires all edible meat from bear, deer or moose to be presented for registration along with evidence of gender. It allows these animals to be dismembered for ease of transportation;
10. Strengthens language within the prohibition of abuse of another person’s property by removing reference to certain stated activities such as hunting, fishing or trapping to allow the Department of Inland Fisheries and Wildlife to enforce the law against persons who abuse another person’s property but who may not be involved in an activity such as hunting, fishing or trapping;
11. Sets August 1st as the beginning date for bear baiting season; and
12. It replaces the requirement that a boat operator have a license from the department to carry passengers for hire with a requirement that the operator successfully complete a boating safety course provided by a national association of boating law administrators approved by the commissioner.