An Act To Amend the Standards by Which Law Enforcement Officers May Stop an All-terrain Vehicle Operating on Private Property
Sec. 1. 12 MRSA §10353, sub-§2, as amended by PL 2009, c. 389, §1, is further amended to read:
(1) This Part;
(2) Rules adopted by the commissioner; and
(3) The federal Migratory Bird Treaty Act, 16 United States Code, Chapter 7, subchapter II, section 703 and all rules and regulations promulgated in pursuance of that Act.
A game warden or other official described in section 10401 shall, without unnecessary delay, take any person so arrested before the District Court nearest the place of violation;
(1) A game warden or other official described in section 10401 making an arrest for any violation of this Part and Title 38, chapter 3, subchapter 1, article 5-A, at a point more than 50 miles distant from the nearest District Court having jurisdiction, may accept the personal recognizance of the prisoner in an amount not to exceed $1,000 for the prisoner's appearance before the nearest District Court on a specified date and a deposit in money to the amount of that recognizance; and
(2) The warden or other official described in section 10401 shall report all those recognizances and forward all those deposits to the court to which the recognizance is returnable.
Recognizances and deposits must be handled by the court in accordance with sections 10202 and 10203;
(1) Arresting the operator for a criminal violation;
(2) Issuing the appropriate written process for a criminal or civil violation or a traffic infraction; or
(3) Questioning the operator or occupants;
(1) If the warden or other official described in section 10401 is in uniform, stop a person for the purpose of determining compliance with license, permit, equipment or other requirements or restrictions if the person, at the time of the stop, is:
(a) Engaged in hunting, fishing or trapping; and
(b) Not in or on a motor vehicle; and
(2) Pursuant to policy established by the commissioner, establish checkpoints to stop any type of vehicle and conduct checks to gather statistics concerning hunting, fishing and trapping and to determine compliance with fish and wildlife laws;