HP0958, LD 1409, item 2, Document Text

Amend the bill in Part B in section 1 in subsection 9 in the first 2 lines (page 1, lines 32 and 33 in L.D.) by striking out the following: "3 1/2 inch by 6 inch spaces" and inserting the following: ' a space 6 inches in width by 3 1/2 inch by 6 inch spaces inches in height'

Amend the bill in Part C by inserting before section 1 the following:

‘Sec. C-1. 12 MRSA §10851, sub-§1, ¶D, as amended by PL 2011, c. 253, §12, is further amended to read:

D. For a resident 70 years of age or older. For a person who holds a valid senior lifetime license under this section at any time during the calendar year that person turns 70 years of age, that lifetime license includes all hunting permits and licenses authorized in this Part and may renew at no cost a guide license under section 12853. A license holder under this paragraph who qualifies to hunt during the special season on deer under section 11153 and who meets the eligibility requirements of section 11106 must be issued one antlerless deer permit and one either-sex permit. A person who is 70 years of age or older may purchase a senior lifetime license that entitles the holder to all the privileges described in this paragraph for a one-time $8 fee.’

Amend the bill in Part C in section 1 in subsection 1 in the first paragraph by striking out all of the last sentence (page 2, lines 17 to 19 in L.D.)

Amend the bill in Part C in section 2 in subsection 4 by striking out all of the first paragraph (page 2, lines 37 to 41 and page 3, lines 1 to 6 in L.D.) and inserting the following:

‘4. Disabled veteran. A resident disabled veteran or a nonresident disabled veteran who is a resident of New Hampshire or Vermont may obtain upon application, at no cost, all hunting, trapping and fishing licenses, including permits, stamps and other permission needed to hunt, trap and fish, and, upon meeting the qualifications as established in section 12853, subsection 4, a guide license. A license holder under this subsection who qualifies to hunt during the special season on deer under section 11153 and who meets the eligibility requirements of section 11106 must be issued one antlerless deer permit and one either-sex permit. The commissioner shall issue all fishing, trapping and hunting licenses and permits requested under this subsection if the commissioner determines the applicant is a disabled veteran and is not otherwise ineligible to hold that permit or license. For the purposes of this subsection, "disabled veteran" means a person who:’

Amend the bill in Part C by striking out all of sections 3 to 5 and inserting the following:

‘Sec. C-3. 12 MRSA §10853, sub-§8, as amended by PL 2015, c. 136, §1 and affected by §12, is further amended to read:

8. Members of federally recognized nation, band or tribe. The commissioner shall issue a hunting, trapping and fishing license, including an archery hunting license under this chapter, and including all permits, stamps and other permission needed to hunt, trap and fish, to a person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs that is valid for the life of that person without any charge or fee pursuant to section 11109, if the person presents certification from the respective reservation governor or the Aroostook Micmac Council stating that the person described is an enrolled member of a federally recognized nation, band or tribe listed in this subsection. Holders of these licenses are subject to this Part, including, but not limited to, a lottery or drawing system for issuing a particular license or permit. Members of a federally recognized nation, band or tribe listed in this subsection are exempt from the trapper evaluation program required for a license under section 12201 and the archery hunter education course under section 11106. A license holder under this subsection who qualifies to hunt during the special season on deer under section 11153 and who meets the eligibility requirements of section 11106 must be issued one antlerless deer permit and one either-sex permit.’

Amend the bill in Part C in section 6 in subsection 1 by striking out all of the last sentence (page 4, lines 24 to 26 in L.D.)

Amend the bill in Part D by striking out all of section 1 and inserting the following:

‘Sec. D-1. 12 MRSA §11106, sub-§1, as amended by PL 2015, c. 136, §3 and affected by §12, is further amended to read:

1. Age requirement. A person is eligible to obtain an archery hunting license as provided in this section.

A. A resident or nonresident 16 years of age or older who has satisfied the requirements of subsection 2 or holds an apprenticeship hunter license, or who is exempt under subsection 3, may obtain an archery hunting license to hunt with bow and arrow from the commissioner or the commissioner's authorized agent.

B. A resident or nonresident under 16 years of age may hunt with bow and arrow if that person holds a valid junior hunting license.

Beginning January 1, 2016, for those persons who obtain a junior hunting license and turn 16 years of age during the same calendar year, the archery hunting license is included even after the person has turned 16 years of age as long as that person is hunting on that person's valid junior hunting license and not longer than the remainder of the calendar year for which the license is issued.’

Amend the bill in Part E by striking out all of section 1 and inserting the following:

‘Sec. E-1. 12 MRSA §11106-A, as amended by PL 2015, c. 136, §4 and affected by §12, is repealed.

Amend the bill in Part E by striking out all of sections 3 and 4 and inserting the following:

‘Sec. E-3. 12 MRSA §11108, sub-§1, as amended by PL 2015, c. 136, §6 and affected by §12, is further amended to read:

1. On certain land. Notwithstanding section 11109, subsection 1 as it applies to this subchapter, a resident and a member of the resident's immediate family, as long as the hunter's license to hunt is not under suspension or revocation, may hunt without a license, including, but not limited to, an archery hunting license, a crossbow hunting license permit and a muzzle-loading license permit, on a single plot of land:

A. To which they are legally entitled to possession;

B. On which they are actually domiciled;

C. That is used exclusively for agricultural purposes; and

D. That is in excess of 10 acres.

Sec. E-4. 12 MRSA §11109, sub-§3, as amended by PL 2015, c. 90, §1; c. 127, §§1 and 2 and affected by §6; and amended by c. 136, §§9 and 10 and affected by §12, is further amended to read:

3. Hunting licenses; combination licenses; fees. Hunting licenses, combination licenses and fees are as follows.

A. A resident junior hunting license, for a person under 16 years of age, is $7 and permits hunting of all legal species, subject to the permit requirements in subchapter 3. Notwithstanding the permit fees established in subchapter 3, a resident junior hunting license includes all permits, stamps and other permissions needed to hunt at no additional cost. A license holder under this paragraph who qualifies to hunt during the special season on deer under section 11153 and who meets the eligibility requirements of section 11106 must be issued one anterless deer permit and one either-sex permit. A resident junior hunting license does not exempt the holder of the license from lottery-related application requirements under this Part.

B. A resident hunting license, for a person 16 years of age or older, is $25 and permits hunting of all legal species, subject to the permit requirements in subchapter 3.

C. A resident small game hunting license, for a person 16 years of age or older, which permits hunting for all legal species except deer, bear, moose, raccoon and bobcat, is $14.

D. A resident combination hunting and fishing license is $42 and permits hunting of all legal species, subject to the permit requirements in subchapter 3.

E. A resident combination archery hunting and fishing license is $42 and permits hunting of all legal species, subject to the permit requirements in subchapter 3.

E-1. A resident apprenticeship hunter license, which includes a bear hunting permit and a wild turkey hunting permit under sections 11151 and 11155 , respectively, is $25 and permits hunting of all legal species, subject to the permit requirements in subchapter 3.

F. A nonresident junior hunting license, for a person under 16 years of age, is $34 and permits hunting of all legal species, subject to the permit requirements in subchapter 3. Notwithstanding the permit fees established in subchapter 3, a nonresident junior hunting license includes all permits, stamps and other permissions needed to hunt at no additional cost. A license holder under this paragraph who qualifies to hunt during the special season on deer under section 11153 and who meets the eligibility requirements of section 11106 must be issued one antlerless deer permit and one either-sex permit. A nonresident junior hunting license does not exempt the holder of the license from lottery-related application requirements under this Part.

G. A nonresident small game hunting license, which permits hunting of all legal species except deer, bear, moose, raccoon and bobcat, is $74.

H. A nonresident 3-day small game hunting license, valid for 3 consecutive hunting days, which permits hunting of all legal species except deer, bear, turkey, moose, raccoon and bobcat for the 72-hour period specified on the license, is $49.

I. A nonresident big game hunting license, which permits hunting of all legal species subject to the permit requirements in subchapter 3, is $114.

J. A nonresident combination hunting and fishing license is $149.

K. An alien small game hunting license, which permits hunting of all species except deer, bear, moose, raccoon and bobcat, is $79.

L. An alien big game hunting license, which permits hunting of all legal species subject to the permit requirements in subchapter 3, is $139.

M. An alien combination hunting and fishing license is $190.

O. A nonresident small game apprenticeship hunter license, which permits the hunting of all legal species except deer, bear, turkey, moose, raccoon and bobcat, is $74.

P. A nonresident big game apprenticeship hunter license, which permits the hunting of all legal species and includes a bear hunting permit and a wild turkey hunting permit under sections 11151 and 11155 , respectively, is $114.’

Amend the bill in Part E by striking out all of section 10 and inserting the following:

‘Sec. E-10. 12 MRSA §11155, sub-§1-A, as amended by PL 2015, c. 127, §3 and affected by §6, is further amended to read:

1-A. Eligibility; hunting or archery license required. A person who possesses a valid hunting or archery hunting license to hunt big game or small game may obtain a permit to hunt for wild turkey from the commissioner or an authorized agent.

Sec. E-11. 12 MRSA §11161 is enacted to read:

§ 11161. Eligibility for crossbow hunting permit

1. Hunting or archery license. A resident or nonresident 16 years of age or older who has satisfied the requirements of subsection 3 or who is exempt under subsection 4 and who holds a valid hunting or archery hunting license or an apprenticeship hunter license or archery hunting license may obtain a crossbow permit to hunt with a crossbow from the commissioner or the commissioner's authorized agent.

2. Junior license. A resident or nonresident and under 16 years of age may hunt with a crossbow if that person holds a valid junior hunting license.

3. Crossbow hunter education requirements. Except as provided in paragraph A, a person who applies for a crossbow permit other than a junior hunting license or an apprenticeship hunter license must submit proof of having successfully completed an archery hunting education course and a crossbow hunting course as described in section 10108 or equivalent crossbow and archery hunting education courses or satisfactory evidence of having previously held a valid adult archery hunting license and a valid crossbow permit issued specifically for the purpose of hunting with a crossbow or bow and arrow in this State or any other state, province or country in any year after 1979.

When proof or evidence cannot be otherwise provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult crossbow and archery hunting license or has successfully completed the required crossbow and archery hunting education courses.

A. A person who is an enrolled member of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs who presents certification from the respective reservation governor or the Aroostook Micmac Council stating that the person is an enrolled member of a federally recognized nation, band or tribe listed in this paragraph is exempt from the requirements of this subsection.

4. Crossbow hunter education course exemption for members of armed forces domiciled in State. A member of the Armed Forces of the United States on active duty who is permanently stationed outside of the United States and home on leave is exempt from crossbow hunter education course requirements under subsection 3 if that member shows proof at the time of application for the license that that member's home state of record, as recorded in that person's military service records, is Maine. A person who no longer meets the requirements of this subsection must satisfy the conditions for exemption under subsection 3.’

Amend the bill in Part F in section 2 in subsection 5 in the 4th and 5th line (page 10, lines 6 and 7 in L.D.) by striking out the following: " who allows the person's license to lapse or"

Amend the bill in Part F in section 4 in subsection 7 in the 2nd and 3rd lines (page 10, lines 17 and 18 in L.D.) by striking out the following: "30th day of June following the date of the" and inserting the following: ' 30th 31st day of June following the date of the December'

Amend the bill in Part F by inserting after section 4 the following:

‘Sec. F-5. Transition. Notwithstanding the Maine Revised Statutes, Title 12, section 12953, subsection 7, a license issued under Title 12, section 12953 after June 30, 2015 and before December 31, 2015 is valid until December 31, 2016.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment removes the requirement in the bill that an antlerless deer permit and either-sex permit be issued to the holder of a complimentary license to hunt, trap or fish. The amendment adds the requirement that the holder of a license under which an antlerless deer permit and either-sex permit are issued must meet the archery hunting license eligibility requirements. The amendment provides that a nonresident junior hunting license includes all authorizations to hunt at no cost in addition to the cost of that license. The amendment alters the issuing schedule for taxidermist licenses to provide for their expiration on December 31st. The amendment also makes technical changes to the bill.

HP0958 LD 1409	Session - 127th Maine Legislature C "A", Filing Number H-435, Sponsored by		LR 580 Item 2
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