HP1087, LD 1580, item 1, An Act To Clarify and Enhance Maine's Wildlife Laws

An Act To Clarify and Enhance Maine's Wildlife Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §10053, sub-§9, as amended by PL 2009, c. 340, §4, is further amended to read:

9. Rules. The development of rules governing the effective management of the inland fisheries and wildlife resources of the State; and

Sec. 2. 12 MRSA §10053, sub-§10, as enacted by PL 2009, c. 340, §5, is amended to read:

10. Land acquisition. The acquisition and development of land for the protection, preservation and enhancement of inland fisheries and wildlife resources . ; and

Sec. 3. 12 MRSA §10053, sub-§11 is enacted to read:

11. Resource planning. The coordination with other resource management staff to develop both short-term and long-term plans for the preservation, protection, enhancement and use of inland fisheries and wildlife resources. The bureau shall undertake activities as directed by the commissioner.

Sec. 4. 12 MRSA §10055, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7 and c. 614, §9, is repealed.

Sec. 5. 12 MRSA §11152, sub-§1-A, as amended by PL 2011, c. 253, §18, is further amended to read:

1-A. Antlerless deer in wildlife management districts with no permits issued. Except as otherwise provided in this Part, a person may not hunt or possess an antlerless deer in a wildlife management district or a portion of a wildlife management district that does not have permits issued. A person may possess in one of those districts an antlerless deer that has been lawfully registered in another district where permits have been issued.

A person that violates this subsection commits a Class D crime for which a minimum fine of $1,000 must be imposed, and the court shall impose a sentencing alternative involving a term of imprisonment of at least 3 days, none of which may be suspended.

Sec. 6. 12 MRSA §11152, sub-§2-A is enacted to read:

2-A. Authority to regulate taking of antlerless deer in certain areas within wildlife management districts where no permits are issued. The commissioner may by rule issue permits in a designated geographical area within a wildlife management district where no antlerless deer permits are issued to maintain balanced deer populations. A designated geographical area under this subsection may consist of an entire town or other area but must have a demarcation of the area that follows recognizable physical boundaries such as rivers, roads and railroad rights-of-way.

Sec. 7. 12 MRSA §12152, sub-§1-B is enacted to read:

1-B. Exemption. Notwithstanding subsection 1-A, a reptile, amphibian or invertebrate that is native to the State and not listed by the department as threatened, endangered or of special concern may be captured from the wild in the State and possessed without a permit. Possession limits for each species are as follows:

A. Amphibians, up to 5 specimens of each species;

B. Reptiles, up to 2 specimens of each species; and

C. Invertebrates, no specimen limits.

If an animal captured under this subsection is released back into the wild, the animal must be released in or near the same location where the animal was captured. Importation into the State of a reptile, amphibian or invertebrate exempted under this subsection is prohibited without a permit. Exhibition, propagation or export or sale for commercial purposes is prohibited without a permit.

Sec. 8. 12 MRSA §12152, sub-§3, as repealed and replaced by PL 2015, c. 494, Pt. A, §8, is amended to read:

3. Issuance. The commissioner may issue a permit under paragraphs E to J to a person permitting the introduction, importation, possession and use of wildlife in accordance with the provisions of subsection 5.

E. A one-year game bird propagation permit authorizes the permittee to possess pheasants, quail, Chukar partridge or Hungarian partridge for the purpose of propagating, breeding or rearing for consumption, sale or release.

F. A 3-day hold game bird propagation permit authorizes the permittee to possess pheasants, quail, Chukar partridge or Hungarian partridge for the purpose of consumption, sale or release. A permit issued under this paragraph remains valid for one year and allows the permittee to have multiple 3-day holds for newly possessed birds.

G. A rehabilitation permit authorizes the permittee to possess debilitated or orphaned wildlife for the purpose of restoration to full health and release to the wild or humane euthanasia. It may also authorize the importation into the State of native wildlife species for the purposes of rehabilitation.

H. An importation permit authorizes the permittee to import wildlife into the State.

I. An exhibitor permit authorizes the permittee to keep wildlife, except wolf hybrids as defined in Title 7, section 3907, subsection 30, in captivity for commercial exhibition or attracting trade.

J. A possession permit authorizes the permittee to possess restricted species for purposes of serious professional or avocational husbandry, personal use, research or education.

Sec. 9. 12 MRSA §12152, sub-§3-B, as enacted by PL 2015, c. 374, §7, is amended to read:

3-B. Application fees. Each applicant for a permit to introduce or import fish or wildlife into or possess fish or wildlife in the State shall submit a written application in the form required by the commissioner. The application must be accompanied by a nonrefundable application fee as follows:

A. Propagation One-year game bird propagation permit, $27;

A-1. Three-day hold game bird propagation permit, $27;

B. Commercial exhibition or attracting trade Exhibitor permit, $250;

C. Personal use, $27;

D. Rehabilitation permit, no fee;

E. Importation permit, $250; and

F. Possession permit, $250 ; .

G. Professional or vocational husbandry, $27; and

H. Therapy or aid to disabled persons, $27.

Sec. 10. 12 MRSA §12152, sub-§4, as amended by PL 2015, c. 374, §8, is further amended to read:

4. Permit fees. Permit fees and terms are as follows:

A. Propagation One-year game bird propagation permit, $27 every 2 calendar years;

A-1. Three-day hold game bird propagation permit, $27;

B. Commercial exhibition or attracting trade Exhibitor permit, $147 every 2 calendar years;

C. Personal use, $27 every 2 calendar years;

D. Rehabilitation permit, renewable every 2 calendar years, no fee;

E. Importation permit, $27; and

F. Possession permit, $27 every 2 calendar years ; .

G. Professional or vocational husbandry, $27 every 2 calendar years; and

H. Therapy or aid to disabled persons, $27 every 2 calendar years.

Sec. 11. 12 MRSA §12156, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7 and c. 614, §9, is amended to read:

§ 12156. Release of wildlife into wild

1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not release into the wild captive, raised or imported wild birds or wild animals wildlife unless that person has a valid permit issued under this section. Each day a person violates this subsection that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed.

2. Issuance. The commissioner may issue a written permit to any person permitting that person to release into the wild captive , raised or imported wild birds and wild animals wildlife.

3. Wild turkey restrictions. Only the commissioner or agents of the commissioner may sell, give away or release into the wild any live wild turkey, hybrid wild turkey, wild turkey-domestic turkey cross or fertile egg of these species.

Sec. 12. 12 MRSA §12158, sub-§4, as affected by PL 2003, c. 614, §9 and repealed and replaced by c. 655, Pt. B, §206 and affected by §422, is repealed.

Sec. 13. 12 MRSA §12704, as amended by PL 2015, c. 374, §12, is further amended to read:

§ 12704. Permit to hunt, trap, possess, band and transport wildlife for educational or scientific purposes

The commissioner may issue a permit to any person, permitting that person to hunt, trap, possess, band and transport wild animals and wild birds wildlife for educational or scientific purposes. A permit is not required to hunt, trap, possess, band and transport an invertebrate that is not listed by the department as endangered, threatened or of special concern.

summary

This bill:

1. Moves the planning functions of the Department of Inland Fisheries and Wildlife from the Division of Planning, which no longer exists, to the Bureau of Resource Management;

2. Allows a person to capture and possess reptiles, amphibians and invertebrates native to this State and not listed by the department as threatened, endangered or of special concern without a permit, within certain possession limits;

3. Clarifies the purpose for each type of captive wildlife permit issued by the department and the issuance of 3-day hold game bird propagation permits and one-year game bird propagation permits and establishes fees for those permits;

4. Clarifies that the provision of law regarding release of wildlife into the wild applies to birds, mammals, reptiles, amphibians and invertebrates;

5. Eliminates the requirement to band imported pheasants; and

6. Gives the Commissioner of Inland Fisheries and Wildlife the authority to open a town or a designated geographical area to the taking of antlerless deer within a wildlife management district that does not allow the taking of antlerless deer.

HP1087 LD 1580	Session - 128th Maine Legislature		LR 692 Item 1
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