An Act To Correct and Clarify Maine's Fish and Wildlife Laws
Sec. 1. 12 MRSA §10152, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §32 and affected by §422, is repealed.
Sec. 2. 12 MRSA §10853, sub-§11, as amended by PL 2013, c. 408, §8, is further amended to read:
Each applicant's disability and needs must be reviewed in consultation with the disabled hunter, trapper and angler advisory committee established in section 10152 by the department and a determination made regarding the special authorization that may be made to enhance the applicant's access to fishing, hunting and trapping opportunities. A permit issued under this subsection must be signed by the commissioner and include a clear and specific description of the activities authorized by that permit. The disabled person with a disability shall carry the permit whenever that person is hunting, trapping or fishing, and the permit must be presented to a game warden or other law enforcement officer upon request. No laws or rules may be waived except as are necessary to effect this subsection.
The commissioner may authorize only the minimum special exceptions necessary to overcome the applicant's disability and allow that applicant to safely hunt, trap or fish. This does not authorize the commissioner to issue special exceptions that endanger public safety. A permit issued under this subsection does not authorize a person to exceed the allowable bag or size limits for any fish or wildlife species; to fish for or take a fish or wildlife species for which a license is not otherwise issued; to fish for, trap or hunt a fish or wildlife species more than 7 days before the opening or more than 7 days after the closing of the regular open season for that species; or to fish, trap or hunt in any area permanently closed to those activities by state law or rule.
Sec. 3. 12 MRSA §10952, sub-§1, as amended by PL 2013, c. 236, §1, is further amended to read:
Sec. 4. 12 MRSA §10953, sub-§2, as enacted by PL 2005, c. 419, §2 and affected by §12, is repealed.
Sec. 5. 12 MRSA §10953, sub-§3 is enacted to read:
Sec. 6. 12 MRSA §11106, sub-§1, ¶A, as amended by PL 2013, c. 139, §2, is further amended to read:
Sec. 7. 12 MRSA §11108-B, sub-§1-A, ¶A, as enacted by PL 2013, c. 538, §19, is amended to read:
Sec. 8. 12 MRSA §11109, sub-§3, ¶F, as repealed and replaced by PL 2013, c. 538, §22, is amended to read:
Sec. 9. 12 MRSA §11403, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.
Sec. 10. 12 MRSA §12152, sub-§3, as amended by PL 2005, c. 117, §2, is further amended to read:
Sec. 11. 12 MRSA §12204, sub-§1, ¶B, as amended by PL 2013, c. 538, §34, is further amended to read:
Sec. 12. 12 MRSA §13051, sub-§2, ¶C, as amended by PL 2011, c. 533, §7, is further amended to read:
(2) If the agent has not paid the amount owed by the 60th day after the agent becomes delinquent, the commissioner shall assess a surcharge of 5% of the principal amount owed.
(3) If an agent is delinquent for more than 150 days or is delinquent 3 or more times in one year, the commissioner shall:
(a) Terminate the agency for the balance of the year; and
(b) Order that the agency not be renewed for the next year;
Sec. 13. 12 MRSA §13105, sub-§1, ¶C, as amended by PL 2011, c. 533, §10, is further amended to read:
(2) If the agent has not paid the amount owed by the 60th day after the agent becomes delinquent, the commissioner shall assess a surcharge of 5% of the principal amount owed.
(3) If an agent is delinquent for more than 150 days or is delinquent 3 or more times in one year, the commissioner shall:
(a) Terminate the agency for the balance of the year; and
(b) Order that the agency not be renewed for the next year.
Sec. 14. 12 MRSA §13156, sub-§2, ¶B, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.
Sec. 15. 12 MRSA §13157-A, sub-§5, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is repealed.
Sec. 16. 12 MRSA §13157-A, sub-§15, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is repealed.
Sec. 17. 12 MRSA §13157-A, sub-§25, ¶A, as amended by PL 2009, c. 340, §24, is further amended to read:
(1) Operate an ATV that is not equipped at all times with an effective and suitable muffling device on its engine to effectively deaden or muffle the noise of the exhaust;
(2) Operate or modify an ATV with an exhaust system that has been modified in any manner that will increase the noise emitted above the following emission standard:
(a) Each ATV must meet noise emission standards of the United States Environmental Protection Agency and in no case exceed 96 decibels of sound pressure when measured from a distance of 20 inches using test procedures established by the commissioner; or
(3) Operate an ATV without a working spark arrester.
Sec. 18. 12 MRSA §13159, as repealed and replaced by PL 2005, c. 397, Pt. E, §27, is amended to read:
§ 13159. Racing meets
Notwithstanding section 13155 and section 13157-A, subsection 15, subsection 16, paragraph A, subsection 17 and subsection 25, ATVs used exclusively for scheduled racing meets and operated solely on predefined race courses are exempt from the provisions of this chapter concerning registration, mufflers, snorkel kits and lights during the time of operation at these meets and at all prerace practices at the location of the meets.
summary
This bill makes the following changes to the laws governing fish and wildlife.
1. It eliminates the disabled hunter, trapper and angler advisory committee and a reference to that committee.
2. It provides that a person must hold a valid archery hunting license to hunt with a hand-held bow and arrow during any open season on a bird or animal and that a person must hold a valid big game archery license or big game hunting license and a valid crossbow hunting license to hunt with a crossbow during any open season on a bird or animal.
3. It enacts in the statutes certain requirements regulating the use of crossbows and eliminates the maximum draw weight for crossbows of 200 pounds.
4. It amends the supervisory requirements for apprentice hunter licenses and apprentice trapper licenses. It specifies that the holder of an apprentice hunter license must hunt in the presence of a person who is 18 years of age or older and who holds a valid adult hunting license and specifies that the holder of an apprentice trapper license must trap in the presence of a person that has held a valid adult trapper license for the prior 3 years.
5. It specifies that a nonresident junior hunting license includes all permits, stamps and other permissions needed to hunt at no additional cost.
6. It corrects cross-references to statutory provisions that authorize the taking of wildlife that attack domestic animals, destroy property or cause damage to crops or orchards.
7. It eliminates language imposing a 5% surcharge on agents who fail to pay the amount owed the State for watercraft registration, snowmobile registration and all-terrain vehicle registration.
8. It repeals the provision of current law that prohibits a person from operating an all-terrain vehicle on a private road after being forbidden to do so by the owner or a municipal official.