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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

PART A

     Sec. A-1. 12 MRSA Pt. 10, as amended, is repealed.

     Sec. A-2. 12 MRSA Pt. 13 is enacted to read:

PART 13
INLAND FISHERIES AND WILDLIFE
SUBPART 1
GENERAL DEFINITIONS
CHAPTER 901
DEFINITIONS

§10001. Definitions

     As used in this Part, unless the context otherwise indicates, the following terms have the following meanings.

     1. Aircraft. "Aircraft" means a machine or device designed for flight.

     2. Alien. "Alien" means a person who is not a citizen of the United States.

     3. Antlerless moose. "Antlerless moose" means a moose without antlers or a moose with antlers that are shorter than its ears.

     4. Artificial lure. "Artificial lure" means a fishing lure constructed by humans as an imitation of or substitute for natural bait or fish forage. "Artificial lure" includes, but is not limited to, artificial flies, spinners, spoons, poppers, plugs, jigs and plastic, rubber or other artificial imitations of natural bait.

     5. Atlantic salmon. "Atlantic salmon" means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. This definition also applies to chapter 811.

     6. Baitfish. "Baitfish" means only those species in the following list:

     7. Baitfish trap. "Baitfish trap" means a device used to take baitfish fitted with rigid entrance or exit holes and having a volume no greater than 50 cubic feet.

     8. Bear bait. "Bear bait" means an animal or plant or derivative of an animal or plant used to attract bear. "Bear bait" does not include packaging or container materials that fall within the definition of litter under Title 17, section 2263.

     9. Boundary waters between Maine and New Brunswick. "Boundary waters between Maine and New Brunswick" means:

     10. Closed season. "Closed season" means the time during which it is unlawful to hunt, trap or possess any wild animal or wild bird or to fish for or possess fish.

     11. Commissioner. "Commissioner" means the Commissioner of Inland Fisheries and Wildlife.

     12. Department. "Department" means the Department of Inland Fisheries and Wildlife.

     13. Domicile. "Domicile" means the place where a person's true, fixed and permanent home is located.

     14. Drive deer or moose. To "drive deer or moose" means an organized or planned effort to pursue, drive, chase or otherwise frighten or cause a deer or moose to move in the direction of a person who is part of the organized or planned hunt and known to be waiting for the deer or moose.

     15. Drowning set. "Drowning set" means a trap set for wild animals that is:

     16. Eel. "Eel" means a member of the species Anguilla rostrata in that stage of its life cycle when it is 6 inches or more in length.

     17. Eel pot. "Eel pot" means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. An eel pot is 50 cubic feet or less in total volume and utilizes wire or slatting no smaller than 1/2 inch square measure.

     18. Elver. "Elver" means a member of the species Anguilla rostrata in that stage of its life cycle when it is less than 6 inches in length.

     19. Endangered species. "Endangered species" means a species of fish or wildlife that has been determined by the commissioner to be in danger of extinction throughout all or a significant portion of its range and that is listed as a state endangered species under section 12803, subsection 3.

     20. Exotic. "Exotic" means of foreign nature or character, not native, introduced from abroad, and not fully naturalized or acclimatized.

     21. Firearm. "Firearm" means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it.

     22. Fish, the noun. "Fish" means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales, and includes any physical part of a fish. The term refers to fish living predominantly in inland waters, and anadromus and catadromus fish while in inland waters. Whenever the name of a fish, such as "bass" or "trout," is used, it means the named fish or any of its physical parts.

     23. Fish, the verb. To "fish" means to take, catch, kill, molest or destroy fish or to attempt to take, catch, kill, molest or destroy fish.

     24. Fishing derby. "Fishing derby" means an organized fishing event conducted on inland waters during which contestants compete for cash awards or other prizes.

     25. Fishway. "Fishway" means an artificial device, including fish elevators, fish locks and fish ladders, used to enable fish to migrate upstream past dams, waterfalls, rapids or other obstacles.

     26. Fly. "Fly" means a single, pointed hook dressed with feathers, hair, thread, tinsel or any similar material to which no additional hook, spinner, spoon or similar device is added.

     27. Fly-fishing. "Fly-fishing" means casting upon water and retrieving in a manner in which the weight of the fly line propels the fly. No more than 3 unbaited artificial flies individually attached to a line may be used.

     28. Guide. "Guide" means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields, forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling or camping at a primitive camping area.

     29. Harass. "Harass" means an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns.

     30. Hook. "Hook" means a single fishhook constructed with one, 2 or 3 points.

     31. Hunt. To "hunt" means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds.

     32. Hunter orange. "Hunter orange" means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers, excitation purity not less than 85% and luminance factor of not less than 40%.

     33. Hunting equipment. "Hunting equipment" means:

     34. Ice-fishing shack. "Ice-fishing shack" means a temporary structure used for ice fishing on frozen inland waters.

     35. Inland waters. "Inland waters" means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51.

     36. Jacklight. "Jacklight" means any artificial light used while hunting, except lights used and permitted under rules regarding raccoons under the authority of section 10104, subsection 1.

     37. Landlocked salmon. "Landlocked salmon" means the subspecies Salmo salar Sebago that does not customarily migrate from inland waters to the ocean as part of its life cycle.

     38. Merrymeeting Bay. "Merrymeeting Bay" means the waters of the Kennebec River bounded as follows: from the high-tension wires at Chop's Point to the first dam on the Androscoggin River, to the first road bridge on the Muddy, Cathance, Abbagadassett and Eastern Rivers and to the Richmond-Dresden Bridge on the Kennebec River, in the counties of Cumberland, Sagadahoc and Lincoln.

     39. Migratory game bird. "Migratory game bird" means any of the following birds:

     40. Migratory waterfowl. "Migratory waterfowl" means anatidae, or waterfowl, including brant, wild ducks, geese and swans.

     41. Motor vehicle. "Motor vehicle" means any motor-driven vehicle, except motorboats.

     42. Muzzle-loading firearm. "Muzzle-loading firearm" means a rifled or smooth-bored firearm that is:

     43. Nonresident. "Nonresident" means a person who does not fall within the definition of resident in subsection 53.

     44. Open firearm season on deer. "Open firearm season on deer" means the time during which it is lawful to hunt deer with a firearm, including the special muzzle-loading season as described in section 11404.

     45. Open season. "Open season" means the time during which it is lawful to hunt, trap or possess wild animals and wild birds and to fish for or possess any fish, as specified and limited by law or rule.

     46. Organization. "Organization" means a corporation, partnership or unincorporated association.

     47. Paved way. "Paved way" means a public road treated with bituminous or concrete material.

     48. Person. "Person" means a human being or an organization.

     49. Premises. "Premises" includes lands, private ways and any buildings and structures located on the lands or private ways.

     50. Primitive camping area. "Primitive camping area" means a camping location that does not have access to a water supply that is approved by the Department of Human Services.

     51. Private pond. "Private pond" means an artifically constructed pond impounded within the limits of the riparian owner, even though the water is not supplied directly from a brook, stream or river. "Private pond" does not include a natural pond or lake having a surface area of more than 10 acres.

     52. Raptor. "Raptor" means a bird of the order Strigiformes and of the families Accipitridae and Falconidae commonly called buteos, accipiters, falcons and owls.

     53. Resident. "Resident" means a citizen of the United States who has been domiciled in this State continuously during the 3 months next prior to the date on which the person applies for any license or permit under this Part, or an alien who has been so domiciled for one year. A person may not be considered a resident if the person has not:

A person who is a full-time student at a college or university in the State, who has resided in the State continuously for 3 months and has satisfied the requirements of paragraphs A to D is rebuttably presumed to have been domiciled in the State during that period.

     54. Salmon. The word "salmon" standing alone without other identification means "landlocked salmon."

     55. Seine. "Seine" means an ordinary commercial-type minnow seine, not exceeding 1,200 square feet, used vertically to enclose baitfish when its ends are brought together or drawn ashore.

     56. Set line. "Set line" means a line extending into the water and rigged to catch fish that has one end secured to the shore or to a fixed or buoyant object and that is not personally attended.

     57. Single-baited hook. "Single-baited hook" means a single baited apparatus designed to catch only one fish at a time.

     58. Snagging. "Snagging" means to fish by manipulating a hook or hooks in such a manner as to pierce or snag the fish in a part of the body other than the mouth.

     59. Sporting dogs. "Sporting dogs" means sporting dogs as defined by the American Kennel Club, including pointers, retrievers, setters, spaniels, Vizslas, Weimaraners and wirehaired pointing griffons.

     60. Sunrise. "Sunrise" means the time computed and established for sunrise for Augusta, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day.

     61. Sunset. "Sunset" means the time computed and established for sunset for Augusta, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day.

     62. Threatened species. "Threatened species" means a species of fish or wildlife that has been determined by the commissioner as likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and that is listed as a state threatened species under section 12803, subsection 3.

     63. Trap, the noun. "Trap" means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare.

     64. Trap, the verb. To "trap" means to set, place or tend a trap within the fields, forests or waters of the State, to kill an animal that is caught in a trap or to aid or assist another person in setting or placing a trap, tending a trap or killing an animal that is caught in a trap.

     65. Trap net. "Trap net" means a funnel-shaped net designed to intercept and retain fish in a confined space.

     66. Tributary. "Tributary" means a brook, stream or river flowing directly or indirectly into a lake, pond or another brook, stream or river. "Tributary" does not include a lake or great pond. The tributary to a great pond is not considered a tributary to the outlet of that great pond.

     67. Troll. "Troll" means to fish by trailing a line rigged to catch fish behind a watercraft being propelled by mechanical, wind or manual power.

     68. Weir. "Weir" means a device placed in the inland waters of a river, stream or brook that is designed to entrap fish and that exceeds more than 1/3 of the wetted width of the channel.

     69. Wild animal. "Wild animal" means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. Whenever the name of a wild animal, such as "deer" or "bear," is used, it means the named wild animal or any of its physical parts.

     70. Wild bird. "Wild bird" means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. Whenever the name of a wild bird, such as "pheasant" or "eagle," is used, it means the named wild bird or any of its physical parts.

     71. Wildlife. "Wildlife" means any species of the animal kingdom, except fish, that is wild by nature, whether or not bred or reared in captivity, and includes any part, egg or offspring of the animal, or the dead body or parts of the animal. "Wildlife" includes wild animals and wild birds.

     72. Wildlife exhibit. "Wildlife exhibit" means a place where wildlife is kept in captivity, either in an enclosure or by tether, upon any street or highway or upon land, public or private, for the evident purpose of exhibition or attracting trade. The term "wildlife exhibit" does not include the showing of an animal in connection with a theatrical exhibition, circus or agricultural fair.

     73. Wildlife management. "Wildlife management" means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. It may specifically include:

     74. Wildlife management area. "Wildlife management area" means a tract of land or body of water owned or leased by the department for the purposes of wildlife management as defined in subsection 73 or created by an act of the Legislature with the landowner's permission, and subject to the commissioner's authority under section 12701.

     75. Wolf. "Wolf" means the Gray Wolf (Canis lupus).

SUBPART 2
DEPARTMENT ORGANIZATION
CHAPTER 903
DEPARTMENT OF INLAND FISHERIES AND WILDLIFE
SUBCHAPTER 1
DEPARTMENT ESTABLISHED

§10051. Department established

     The Department of Inland Fisheries and Wildlife is established to preserve, protect and enhance the inland fisheries and wildlife resources of the State; to encourage the wise use of these resources; to ensure coordinated planning for the future use and preservation of these resources; and to provide for effective management of these resources.

     The department consists of the Commissioner of Inland Fisheries and Wildlife, a deputy commissioner, the Bureau of Administrative Services, the Bureau of Resource Management and the Bureau of Warden Service. The department also includes the Advisory Board for the Licensing of Guides, the Junior Maine Guides and Trip Leaders' Curriculum Board and whatever state agencies that are designated. The department is under the control and supervision of the commissioner.

§10052. Bureau of Administrative Services

     The Bureau of Administrative Services is established within the Department of Inland Fisheries and Wildlife. The bureau is equal in organizational level and status with other major organizational units within the department or its successors. The bureau is administered by a director who is immediately responsible to the deputy commissioner. The director possesses full authority and responsibility for administering all the powers and duties of the bureau, subject to the direction of the commissioner and except as otherwise provided by statute. The responsibilities of the bureau include, but are not limited to:

     1. Financial accounting. The financial accounting of all department revenues and expenditures, including long-range financial planning and the preparation of annual and biennial budgets;

     2. Personnel activities. The administration of all personnel activities;

     3. Licensing and registration. The administration and issuance of department licenses, stamps and permits and the registration of snowmobiles, watercraft and all-terrain vehicles;

     4. Engineering. The design, maintenance and repair of department-owned facilities, including the preparation of a capital improvement plan to be printed in the budget document;

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

     6. Equipment inventory. The maintenance of a current inventory of all department-owned or department-managed property.

§10053. Bureau of Resource Management

     The Bureau of Resource Management is established within the Department of Inland Fisheries and Wildlife. The bureau is equal in organizational level and status with other major organizational units within the department or its successors. The bureau is administered by a director who is immediately responsible to the deputy commissioner. The director possesses full authority and responsibility for administering all the powers and duties of the bureau, subject to the direction of the commissioner and except as otherwise provided by statute. The responsibilities of the bureau include, but are not limited to:

     1. Wildlife management. The management of the wildlife resources in the State for their preservation, protection, enhancement and use;

     2. Fisheries management. The management of the inland fisheries resources in the public waters of the State for their preservation, protection, enhancement and use;

     3. Propagation of fish. The propagation of fish for the effective management of inland fisheries resources in public waters of the State;

     4. Habitat management. The management of habitat for the protection, preservation, enhancement and use of inland fisheries and wildlife resources;

     5. Wildlife sanctuaries; wildlife management areas. The management of wildlife sanctuaries and wildlife management areas for the State as designated in chapter 925;

     6. Data collection. The collection of data for the effective management of the inland fisheries and wildlife resources;

     7. Research. Research activities for the effective management of the inland fisheries and wildlife resources;

     8. Animal damage control. The coordination of animal damage control functions throughout the State, including supplemental assistance for the control of coyotes and other nuisance wildlife that exceeds normal funding and staffing levels within the department; and

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

§10054. Bureau of Warden Service

     The Bureau of Warden Service is established within the Department of Inland Fisheries and Wildlife. It is equal in organizational level and status with other major organizational units within the department or its successors. The bureau is administered by a director who is immediately responsible to the deputy commissioner. The director is the Game Warden Colonel and is employed pursuant to section 10103, subsection 3 and Title 5, chapter 59, which are applicable to this position. The director possesses full authority and responsibility for administering all the powers and duties of the bureau, subject to the direction of the commissioner and except as otherwise provided by statute. The responsibilities of the bureau include, but are not limited to:

     1. General enforcement. Enforcement of laws or rules as designated by this Part, or as specified;

     2. Wildlife and fisheries enforcement. Enforcement of laws and department rules pertaining to the management and protection of the inland fisheries and wildlife resources as further designated by section 10353;

     3. Snowmobile, watercraft and all-terrain vehicle enforcement. Enforcement of laws and department rules pertaining to the registrations and operation of snowmobiles, watercraft and all-terrain vehicles;

     4. Search and rescue. The coordination and implementation of all search and rescue operations as specified under section 10105, subsection 4;

     5. Safety. Assistance with programs for hunter safety and for the safe operation of snowmobiles, watercraft and all-terrain vehicles;

     6. Data collection. The collection of data as needed for the management and protection of the inland fisheries and wildlife resources; and

     7. Other. Such areas as specified in state law.

§10055. Division of Planning

     The Division of Planning is established within the Department of Inland Fisheries and Wildlife and is responsible for developing both short-term and long-term plans for the preservation, protection, enhancement and use of inland fisheries and wildlife resources. The division shall undertake activities as directed.

§10056.    Division of Public Information and Education

     The Division of Public Information and Education is established within the Department of Inland Fisheries and Wildlife and is responsible for the administration of programs to increase the public's knowledge and understanding of the inland fisheries and wildlife resources and the management of these resources, including the administration of education programs for hunter safety and for the safe operation of snowmobiles, watercraft and all-terrain vehicles. The division's responsibilities include public education, promotion of the inland fisheries and wildlife resources and the dissemination of information.

SUBCHAPTER 2
COMMISSIONER; POWERS AND DUTIES

§10101. Appointment

     The commissioner is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and to confirmation by the Legisla-ture. The commissioner serves at the pleasure of the Governor. Any candidate for the office of commissioner must have a record of demonstrated support for, and an understanding of, the basics of modern wildlife and fisheries management and have experience in hunting, fishing or trapping.

§10102. Office

     1. Facilities. The commissioner is entitled to have an office at the seat of government and adequate facilities for the transaction of the business of the department.

     2. Traveling expenses. The commissioner is entitled to receive all necessary traveling expenses.

§10103. Duties

     In addition to other duties set out in this Part, the commissioner has the following duties.

     1. Appointment of deputy. The commissioner shall appoint, to serve at the commissioner's pleasure, the Deputy Commissioner of Inland Fisheries and Wildlife, who must be qualified by training and experience in fisheries and wildlife management or conservation law enforcement. Under the commissioner's direction, the deputy commissioner assists in the administration of the department. The deputy commissioner serves as the commissioner if the commissioner is disabled or absent or if the office of the commissioner becomes vacant. The commissioner may appoint an appropriate administrative officer in the department to perform the functions of the commissioner if both the commissioner and deputy commissioner are disabled or absent.

     2. Administration and enforcement. Except as provided by statute, the commissioner has general supervision of the administration and enforcement of the inland fisheries and wildlife laws and has the responsibility for the management of all inland fish and wildlife in the State. The commissioner has responsibility for investigations carried out on behalf of the State in matters related to the status and needs of any inland fisheries and wildlife species and is the representative of the State in providing information associated with the status and needs of these natural resources to municipalities, political subdivisions of the State and the Federal Government.

     3. Employment of personnel. The commissioner shall employ, subject to the Civil Service Law, such employees as are necessary to carry out the duties of the department, except that persons in the following positions are appointed by and serve at the pleasure of the commissioner: deputy commissioner; Game Warden Colonel; and Assistant to the Commissioner for Public Information.

The Game Warden Colonel is appointed from among the game wardens of the department. In the event that the Game Warden Colonel is not reappointed, the Game Warden Colonel has the right to be restored to the classified position from which the Game Warden Colonel was promoted or to a position equivalent in salary grade in an agency, without impairment of personnel status or the loss of seniority, retirement or other rights to which uninterrupted service in the classified position would have entitled the Game Warden Colonel. If service in that unclassified supervisory position is terminated for cause, the right to be restored to that position must be determined by the State Civil Service Appeals Board.

     4. Report to Governor. The commissioner shall make a report to the Governor on or before the 31st day of December of each year for the year ending the previous June 30th.

     5. Code of operating procedure of warden service. The commissioner shall prepare a written code covering the operating procedure of the warden service that is consistent with the Civil Service Law and contractual agreements.

     6. Administration of department. The commissioner shall adopt written policies establishing procedures to control the use of department equipment and vehicles. The commissioner shall review and control all administrative expenses, including reimbursement of moving expenses.

     7. Copies of laws for town clerks or agents. The commissioner shall keep on hand at all times sufficient copies of abstracts of the inland fisheries and wildlife laws to furnish to all town clerks or agents authorized to issue licenses, so that they have copies available to issue with every license.

     8. Biennial revision of fish and wildlife laws. As soon as practicable after the adjournment of the Legislature, the Revisor of Statutes, with the assistance of the commissioner, shall issue a revision of all the public laws relating to inland fisheries and wildlife. The revision must be printed in a pamphlet of the same size pages as the Maine Revised Statutes Annotated, and its printing and distribution must be the same as that of the biennial laws, except that the commissioner may issue as many extra copies of this Part in a pamphlet of whatever size seems best to inform the people about the fish and wildlife laws.

     9. Availability of financial statement. The commissioner shall make the annual financial statement for the department available for public inspection within 180 days after the close of the fiscal year that is the subject of the report.

     10. Water level danger zones. The commissioner may establish, in accordance with section 10104, subsection 1, water level danger zones. These zones are areas of rivers and streams below water impoundment that are subject to rapidly changing water levels. The commissioner may adopt rules to protect individuals using those areas for hunting, fishing, trapping and boating purposes. The commissioner may not regulate the flow of water under this section.

     11. Report to Legislature. The commissioner shall submit an annual report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters. This report must identify all specific extended responsibility services provided by the department to individuals who do not pay a particular fee to the department for the provision of that service, including all search and rescue activities conducted by the department. This report must include an estimate of the total cost of providing the identified extended responsibility services. The report must be submitted on or before January 1st of each year. Upon receipt of the report, the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters shall give separate consideration to funding the department's estimated cost of providing the identified extended responsibility services.

     12. Criminal history record information. The commissioner shall collect and maintain criminal history record information pertinent to violations of this Part. The commissioner may collect and maintain other records and information pertinent to other functions of the department, including the enforcement of civil violations.

§10104. Rule-making power

     In addition to other powers granted in this Part, the commissioner has the following powers.

     1. Rules. The commissioner may, with the advice and consent of the advisory council and in conformity with Title 5, Part 18, and except as otherwise provided, adopt, amend and repeal reasonable rules, including emergency rules, necessary for the proper administration, implementation, enforcement and interpretation of any provision of law that the commissioner is charged with the duty of administering. These rules duly adopted have the full force and effect of law and are effective upon filing with the Secretary of State, unless a later date is required by statute or specified in the rule.

     2. Filing of rules. The commissioner may file certified copies of all rules adopted by the commissioner and any and all amendments to the rules with the clerks of the District Court and Superior Court. These certified copies are considered official publications of the State for all purposes, including, but not limited to, the Maine Rules of Civil Procedure, Rule 44(a)(1) and the Maine Rules of Evidence, Rule 902 (5), and judicial notice must be taken accordingly. A facsimile of the signature of the commissioner imprinted by or at the commissioner's discretion upon any such certificate of true copy has the same validity as the commissioner's written signature.

§10105. Other powers

     1. Authority to issue permits. Whenever the commissioner determines it necessary for the accomplishment of the commissioner's statutory duties, the commissioner may issue permits authorizing persons to assist the commissioner in the taking and destruction of any wildlife.

A person may not engage in an activity for which a permit may be issued under this subsection and for which that person does not have a valid permit. 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. Commissioner's authority to terminate season. The commissioner may terminate open season on coyote hunting at any time in any area if, in the commissioner's opinion, an immediate emergency action is necessary due to adverse weather conditions or unlawful hunting activity.

     3. Coyote control program. Pursuant to section 10053, subsection 8, the commissioner shall maintain a coyote control program as follows.

     4. Search and rescue. Whenever the commissioner receives notification that any person has gone into the woodlands or onto the inland waters of the State on a hunting, fishing or other trip and has become lost, stranded or drowned, the commissioner shall exercise the authority to take reasonable steps to ensure the safe and timely recovery of that person; except in cases involving downed or lost aircraft covered by Title 6, section 303.

Any person who has knowledge that another person is lost, stranded or drowned in the woodlands or inland waters of the State shall notify the Bureau of Warden Service of the department.

     5. Boundary waters with New Hampshire and Canada. The commissioner may prescribe bag limits, size limits, open or closed seasons and methods of taking fish from the inland boundary waters between the states of Maine and New Hampshire and provinces of Canada. These rules must be mutually agreed upon by the commissioners of Maine and New Hampshire and the fishery authorities of Canada and approved by the Inland Fisheries and Wildlife Advisory Council.

     6. Establishing line of demarcation. The commissioner, through an agent designated by the commissioner, may establish a line of demarcation between a lake or pond and its outlet or tributaries in areas where the commissioner determines it necessary.

     7. Sale of arms and ammunition. The commissioner may sell all property held or confiscated by the State for violation of laws relating to the protection of inland fisheries and wildlife. A confiscated or forfeited handgun that was confiscated or forfeited because it was used to commit a homicide must be destroyed by the State, unless the handgun was stolen and the rightful owner was not the person who committed the homicide, in which case the handgun must be returned to the owner if ascertainable. For purposes of this subsection, "handgun" means a firearm, including a pistol or revolver, designed to be fired by use of a single hand. The commissioner shall transmit all money received by the sales to the Treasurer of State to be credited to the department.

     8. Employee discipline. The commissioner may dismiss, suspend or otherwise discipline any department employee for cause. This right is subject to the right of appeal and arbitration of grievances as set forth in statute.

     9. Possession and disposal of fish and wildlife. The commissioner may take possession of sick, injured or dead fish and wildlife that is not the property of another person. For any fish and wildlife possessed by the commissioner under this subsection, the commissioner may:

This subsection does not apply to fish or wildlife seized by the commissioner under section 10502.

     10. Taking and importing wildlife. The commissioner may take fish or wildlife for scientific purposes and may bring fish and wildlife into the State or authorize others to do so.

     11. Take or import animals and birds. The commissioner may take or import wild animals or wild birds of any kind, dead or alive, for the purposes of inspection, cultivation, propagation, distribution or for scientific or other purposes considered by the commissioner to be of interest to the game industry of this State.

     12. Purchase or sale of wildlife for use as evidence. An agent of the commissioner may buy or sell wildlife for use as evidence in prosecution of a violation of this Part.

§10106. Fish and wildlife restoration

     1. Commissioner's authority. The State assents to the Federal Aid in Wildlife Restoration Act, Public Law, September 2, 1937, chapter 899, as amended, and the Federal Aid in Fish Restoration Act, Public Law, August 9, 1950, chapter 658, as amended. The commissioner is authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife and fish restoration projects, as defined in those Acts of Congress, in compliance with those Acts and with rules and regulations promulgated by the United States Secretaries of Agriculture and Interior under those Acts.

     2. Control of distribution and conservation of hares and rabbits. The commissioner may at any time take and transport live hares or rabbits by purchasing them from local trappers whenever the commissioner determines it necessary for the proper distribution and conservation of the hares and rabbits.

§10107. Deer wintering areas

     1. Identification of deer wintering areas. The commissioner shall, by rule, establish criteria for the identification of deer wintering areas in the State. The criteria must include:

     2. Notification. Whenever evidence indicates, according to criteria established by the commissioner, the existence of a deer wintering area in any municipality or plantation, the commissioner shall notify the officials of the municipality or plantation and the owner or owners of record of the property on which the area is located of the existence of the deer wintering area and shall provide information to those persons as to actions that may be taken to protect the deer in that area.

§10108. Programs

     1. Training in firearm safety. The commissioner shall establish a program for training individuals in the safe handling of firearms and for this purpose may cooperate with any public or private association or organization having as one of its objectives the promotion of safety in firearms handling.

In establishing the program under this subsection, the commissioner shall:

     2. Promotion of hunting, fishing and camping. The commissioner may implement a program designed to promote fisheries and wildlife resources and attract hunters and anglers to the State. As part of this program, the commissioner may reduce the price of certain types of licenses for specified periods of time to promote license sales for hunting and fishing in the State. This program may include coordination of activities between the public and private sectors and utilization of promotional missions, exhibits, brochures, technical assistance and expertise as necessary to develop and promote hunting, fishing and camping activities within the State. The commissioner shall coordinate this program with the activities of the Department of Economic and Community Development. Any purchases made as a result of that coordination must be by competitive bid.

     3. Supersport certificate. A person may be designated as a supersport by obtaining a supersport certificate from the commissioner or the commissioner's agent for a fee of $15.

     4. Landowner relations program. The commissioner shall develop and implement a program to improve landowner relations. The program must foster public use of private land for hunting and fishing and promote high standards of courtesy, respect and responsibility by hunters and anglers for private lands and prevent abuse of private lands by hunters and anglers. The program must have the following 2 components:

The Support Landowners Program and the Sport Hunter Program must operate within the department and must be implemented no later than January 1, 1996.

     5. "Hooked on Fishing Not on Drugs" program. The "Hooked on Fishing Not on Drugs" program is established in the department to encourage youth fishing activities in the State. The commissioner may accept money, goods or services donated to the department for the "Hooked on Fishing Not on Drugs" program. Money, goods and services accepted by the commissioner under this subsection may be used only for those program activities.

     6. Archery hunting education program. The commissioner shall establish a program for training individuals in safe and responsible archery hunting skills and behavior. This program includes instruction in fisheries and wildlife laws, rights of landowners and hunters and appropriate principles of wildlife management. The commissioner may charge an enrollment fee of up to $10 per person to help defray the costs of this program. The commissioner may cooperate with any public or private association dedicated to responsible and safe archery hunting to establish this program.

In establishing the program, the commissioner shall:

     7. Trapper education program established. The commissioner shall establish a program for training individuals in safe and responsible trapping skills and behavior. This program must include instruction in the applicable laws and rights and in the appropriate principles of wildlife management. The commissioner may charge an enrollment fee of up to $10 per person to help defray the costs of this program. For the purpose of establishing the program, the commissioner may cooperate with any public or private association having similar goals.

In establishing the program, the commissioner shall:

     8. Hunters for the Hungry Program. The Hunters for the Hungry Program, referred to in this subsection as the "program," is established to allow the department and persons who are lawfully in the possession of wild game meat to donate that wild game meat for distribution to needy persons through the food assistance programs of the Department of Agriculture, Food and Rural Resources.

     9. Pheasant program. The commissioner may enter into an agreement with a qualified rod and gun club or qualified hunting-oriented organization to allow the club or organization to purchase and raise pheasants. An agreement entered into pursuant to this subsection may provide for the use of department facilities for raising pheasants by a qualified rod and gun club or qualified hunting-oriented organization. For purposes of this subsection, "qualified rod and gun club or qualified hunting-oriented organization" means a rod and gun club or a hunting-oriented organization that has demonstrated involvement in raising and releasing pheasants in the year prior to entering into an agreement with the commissioner to purchase and raise pheasants.

The following provisions must be observed.

§10109. Acquisition and disposal of land

     1. Acquisition of land; wildlife management and public access. The commissioner may acquire property pursuant to this subsection for fish hatchery or fish feeding stations or wildlife management areas or public access sites.

     2. Acquisition of land; state game farms. The commissioner may purchase suitable lands and erect buildings on those lands within this State necessary for the operation of state game farms for the propagation of wild animals and wild birds for restocking the woods and forests of the State.

     3. Compensation to landowners. The owners of property taken under this section must be compensated for that taking.

     4. Unneeded property. The Governor, on recommendation of the commissioner, may sell and convey on behalf of the State the interests of the State in property taken or acquired by purchase under this Part and determined no longer necessary for the purposes of this Part. The commissioner, with the approval of the Governor, may lease these same properties. The proceeds from these sales or leases must be credited to the funds of the department.

SUBCHAPTER 3
ADVISORY COUNCIL, BOARDS AND COMMITTEES

§10151.    Inland Fisheries and Wildlife Advisory Council

     1. Appointment. The Inland Fisheries and Wildlife Advisory Council, established by Title 5, section 12004-G, subsection 20 and referred to in this Part as the "advisory council," consists of 10 members representing the 16 counties of the State in the following manner: one member representing Androscoggin County, Kennebec County and Sagadahoc County; one member representing Aroostook County; one member representing Cumberland County; one member representing Franklin County and Oxford County; one member representing Hancock County; one member representing Knox County, Lincoln County and Waldo County; one member representing Penobscot County; one member representing Piscataquis County and Somerset County; one member representing Washington County; and one member representing York County. Members of the advisory council are appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and to confirmation by the Legislature. The commissioner is a nonvoting, ex officio member of the advisory council, but may vote to break a tie.

An employee of the department may not serve as a member of the advisory council prior to the expiration of one year from that employee's last day of employment with the department. A Legislator may not serve as a member of the advisory council. A former Legislator who was a member of the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters may not serve as a member of the advisory council prior to the expiration of one year from that former Legislator's last day of membership on that committee.

     2. Length of terms. Appointments are for a term of 3 years and until successors are appointed and qualified. A person may not serve more than 2 consecutive 3-year terms. On the death, resignation or removal from office of any person appointed to the advisory council, the Governor shall appoint a member to serve for the unexpired term.

     3. Expenses. The members of the advisory council are entitled to compensation as provided in Title 5, chapter 379.

     4. Duties. The advisory council shall perform the following duties.

     5. Meetings. All regular and special meetings of the advisory council must be public meetings and must be held in a public meeting place convenient for the public. Public comment must be accepted at regular and special meetings of the advisory council. Comments may be restricted to subjects before the advisory council at the meeting and consistent with any applicable requirements and limitations of the Maine Administrative Procedure Act. Public notice of all regular and special advisory council meetings must be published in a daily newspaper of general circulation in the geographic area where the meeting is scheduled at least 7 days and not more than 21 days prior to the meeting. That notice must include an agenda or statement of purpose of the meeting. That notice may be combined with any other notice of the meeting required by law.

     6. Officers. At the meeting held in May of each year, the advisory council may elect one member as chair and one member as vice-chair.

§10152.    Disabled hunter, trapper and angler advisory committee

     The commissioner shall establish a disabled hunter, trapper and angler advisory committee referred to in this section as the "advisory committee," composed of 4 disabled persons, a licensed physician, a representative of state agencies that work on disability issues, 2 statewide organizations representing hunters, trappers or anglers and one interested person. The purpose of the advisory committee is to advise the commissioner on applications for a special permit under section 10853, subsection 11 and to provide recommendations to the commissioner on ways to promote and enhance access to hunting, fishing and trapping opportunities in this State for disabled persons. The commissioner shall meet with the advisory committee at least twice a year, once during the month of January, February or March and once during the month of July, August or September, to review applications for special permits to accommodate permanent physical disabilities provided for in section 10853, subsection 11 but may meet more often as the commissioner determines necessary. The commissioner may, within existing budgeted resources, reimburse advisory committee members for mileage or other expenses related to attending meetings of the advisory committee.

§10153.    Advisory Board for the Licensing of Guides

     1. Members. The Advisory Board for the Licensing of Guides, established by Title 5, section 12004-I, subsection 23 and referred to in this section as "the board," consists of the following 8 members:

     2. Duties. The board has the following duties:

     3. Quorum. Five members of the board constitute a quorum.

§10154.    Junior Maine Guides and Trip Leaders Curriculum Advisory Board

     1. Board established. The commissioner shall appoint a board of 5 members to be known as the "Junior Maine Guides and Trip Leaders Curriculum Advisory Board" and referred to in this section as "the board," as established by Title 5, section 12004-I, subsection 24.

     2. Membership. The board consists of one member from the department, one member from the Department of Human Services and 3 members of the public, one of whom must be a Maine camp director. Appointments to the board are for 3 years or until successors are appointed.

     3. Duties. The board has the duty to advise the commissioner on the adoption of a trip leader safety course curriculum and on the adoption of rules for the administration of this section and sections 12859 and 12860.

     4. Compensation. The public members are entitled to compensation as provided in Title 5, chapter 379.

§10155.    Advisory Board for the Licensing of Taxidermists

     The Advisory Board for the Licensing of Taxidermists is established by Title 5, section 12004-I, subsection 23-A and referred to in this section as "the board."

     1. Membership. Members of the board must be residents of the State. The board consists of the following 5 members:

     2. Term. The term of office for members of the board is 3 years, except that the terms must be staggered to the extent possible. Appointments for terms of less than 3 years may be made in order to stagger the terms. Upon expiration of a member's term, that member shall serve until a qualified successor is appointed. The successor's term is 3 years from the date of the expiration, regardless of the date of appointment. A vacancy in the office of a member is filled by the appointing authority for that position for the unexpired term. The department members may be removed by the commissioner for cause. All other members may be removed by the Governor for cause.

     3. Staff assistance. The department shall provide staff assistance as necessary.

     4. Duties. The board shall advise the commissioner regarding implementation of sections 10909, 12952, 12953 and this section and any related rules and shall assist in the development and conduct of examinations.

     5. Quorum. Three members of the board constitute a quorum for the transaction of business.

     6. Compensation. All members of the board except state employees, are entitled to receive compensation as provided in Title 5, chapter 379.

§10156.  Advisory Board for the Licensing of Whitewater Guides

     1. Members. The Advisory Board for the Licensing of Whitewater Guides, referred to in this section as the "board" and established by Title 5, section 12004-I, subsection 23-B, consists of the following 10 members:

     2. Compensation. Members who are not employed by the department are entitled to compensation as provided in Title 5, chapter 379.

     3. Duties. The board has the following duties:

     4. Quorum. Five members of the board constitute a quorum.

SUBCHAPTER 4
FINANCES

§10201. Power to raise revenue

     1. Sale of publications. If the commissioner determines it advisable for the more effective dissemination of factual information, information of public interest or information tending to promote better public relations, the commissioner may fix the price, if any, of certain publications and materials of the department and sell and deliver them. Publications and materials included within this authority are all publications, articles, biological and statistical data, professional and technical service reports by departmental personnel and other materials in the department's possession and pertaining to the department, except publications of the laws in whatever form. These publications may not carry any advertising of a political nature, but may carry commercial advertising. The commissioner shall accept commercial advertising in the department's general circulation magazine entitled "Maine Fish and Wildlife" and any successor or similar publication developed by the department.

The commissioner may sell or lease video tapes, photographs or negatives owned by the department and may fix the price, if any, giving consideration to their fair market value.

     2. Sale of advertising in abstracts of fish and wildlife laws. The commissioner may sell advertising, except advertising of a political nature, in abstracts of laws published by the department pursuant to section 10103, subsection 7. All revenue derived from the sale of advertising in these publications must be used to offset the cost of printing these publications.

     3. Sale of general merchandise. The commissioner may engage in the selling and marketing of general merchandise products such as T-shirts, aprons, coffee mugs and greeting cards when the express purpose is to accommodate public demand and generate supplemental funds. These funds may not be used for any costs associated with a quarterly magazine produced by the department.

     4. Promotion and education on lead sinkers and lures. The commissioner may accept money, goods or services donated to the department for the purpose of educating the public on ways to minimize the threat to loons and other bird species from discarded or lost lead sinkers and lures. Any money, goods or services accepted by the commissioner under this subsection may be used only for those purposes.

     5. Design of migratory waterfowl permit; sale of prints. The design of migratory waterfowl permits pursuant to section 11157 and sale of prints must be as follows.

§10202. Department funds

     1. Appropriation. The amount of funds appropriated to the department in each fiscal year may not be less than the dollar amount collected, received or recovered by the department from license and permit fees, fines, penalties and all other money received by the department, except for any funds received from the Federal Government and money relating to the following:

     2. Additional funding. The appropriation of certain additional funds are governed by the following.

     3. Revenues. Actual revenues received in excess of that estimated and allocated by the Legislature may not be expended without allocation by the Legislature, except that excess federal revenues received are subject to the expenditure provisions of Title 5, section 1669.

     4. Unencumbered balances. Any unencumbered allocated balances, including existing balances, must be carried forward into the next fiscal year and may not be expended without allocation by the Legislature, except as provided in this section. Unencumbered balances in the boating access sites account are nonlapsing and must be carried forward to be used for the same purpose.

     5. Nonlapsing appropriations. General Fund appropriations to the department may not lapse but must be carried forward in a separate General Fund program to be used by the department for the purposes described in section 10801, subsection 5. The department, pursuant to the Constitution of Maine, Article IX, Section 22, shall seek legislatively authorized transfers from this program to meet the various costs associated with the department's other programs.

     6. Savings fund; offset against future fee increases. A savings fund, referred to in this subsection as the "fund," is established in the department. Appropriations to the fund are considered funds appropriated to the department under the meaning of the Constitution of Maine, Article IX, Section 22. Money appropriated to the fund does not lapse but must be carried forward and may be used by the department only to offset license fee increases if the use of that money for that purpose is approved by the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters.

     7. Cash reserve. The department shall maintain as practical a cash reserve for the purpose of ensuring an adequate cash flow.

     8. Snowmobile enforcement expenditures not to diminish. In every fiscal year, the department shall budget from appropriations to the enforcement operations program an amount for snowmobile enforcement activities that is not less than the average General Fund expenditures from that program for those purposes over the previous 2 fiscal years. Expenditures from the Snowmobile Enforcement Fund, established in section 10258, may not be included in calculating average expenditures.

     9. Fiscal Stability Program. The Fiscal Stability Program is established to ensure that the general public and hunters and anglers share the cost of the fish and wildlife conservation programs of the department. To achieve this goal, beginning with the 2004-2005 biennial budget and for each biennial budget thereafter, the biennial budget submitted by the executive branch must include a General Fund appropriation of 18% of the department's requested biennial budget.

     10. Review of budget. The joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters shall review that part of the current services budget bill and any supplemental budget bills pertaining to the department in accordance with Title 5, section 522-A.

     11. Review of license and permit fees, fines and penalties. The joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters shall review license and permit fees, fines, penalties and all other money received by the department and shall submit a written report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs on or before March 1st of each year.

     12. Monthly report. By the 15th day of each month, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters. When the Legislature is in session, the department shall submit its report at a meeting of the committee. When the Legislature is not in session, the department shall mail the report to each member of the committee with a copy to the Executive Director of the Legislative Council. The report must identify for the immediately preceding month:

     13. Equipment. The department shall notify the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters of any heavy equipment purchase prior to that purchase, including the name of the item and expected cost. This same information must be supplied prior to the purchase of any vehicle. In addition, the department shall develop and implement a formal replacement schedule for the department's radio communication system. This plan must be reviewed by the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters.

     14. Bond issue. The department shall submit to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters plans for a bond issue prior to submission of the bond issue to the full Legislature.

§10203. Collection and disposition of money

     1. General. The following money must be paid to the Treasurer of State as undedicated revenue to the General Fund:

     2. Counties not to pay unpaid officers' fees. Officers' fees taxed against a respondent, if any, under this Part that are not paid by or recovered from the respondent may not be assumed or paid by the county where the offense was committed.

     3. License and permit fees. License and permit fees must be collected and expended in accordance with section 10801.

     4. Watercraft. Money relating to watercraft laws and rules must be collected and expended in accordance with section 10206, subsection 3.

     5. Snowmobiles. Money relating to snowmobile laws and rules must be collected and expended in accordance with section 1893, subsection 3 and section 10206, subsection 2.

     6. Failure to pay fine or fee. A person who receives money for any fine, or part thereof, for a violation of this Part, or any fee for a license or permit issued under the authority of this Part, may not neglect for more than 30 days to pay the money over as provided in this section.

     A person who violates this section commits a Class E crime.

§10204.   Administrative costs recovered; federal and dedicated money

     The department is entitled to reimbursement for administrative costs associated with activities of the department performed in support of federal and other special revenue accounts from those accounts.

§10205. Funding of new programs

     Any new program or service involving a mandated responsibility to the department must include provisions that specify that full funding for the new program or service is collected from those individuals who receive the service from the department.

§10206. Disposition of specific revenues

     1. All-terrain vehicle revenues. Revenues received under the provisions of this Part relating to ATVs, including chapter 939, must be disbursed and used as follows.

     2. Snowmobile revenues. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this subsection. The department's administrative costs must be verified by the Department of Conservation and the Department of Administrative and Financial Services.

     3. Watercraft revenues. All revenues collected under the provisions of this Part relating to watercraft, including chapter 935, are disposed of as follows.

     4. Migratory waterfowl revenues. All revenues derived from the sale of permits and art in conjunction with the permits under section 10201, subsection 5 and section 11157 must be deposited into a special account within the department, and that account must be used for acquisition of waterfowl habitat and waterfowl management activities.

     5. Alewife, sucker and yellow perch permit revenues. All fees collected under section 12506 accrue to the Eel and Elver Management Fund established in section 6505-D, except that $42 accrues to the General Fund for each eel pot or eel weir permit issued under section 12506.

     6. Lake and river protection sticker revenues. All fees collected by the commissioner from the sale of stickers under section 13058, subsection 3 must be paid daily to the Treasurer of State. Notwithstanding subsection 3, the Treasurer of State shall credit funds received under this subsection as follows:

     7. Resident lifetime license revenues. Revenue from the sale of lifetime licenses under section 10851 is dedicated revenue and must be deposited in the Lifetime License Fund established in subchapter 5. The department may establish payment procedures for licenses under section 10851; a license may not be issued until full payment is received.

     8. Moose hunting permit revenues. All revenues derived from the sale of moose hunting permits under section 11154, subsection 11, including all bidding fees, must be deposited into a special nonlapsing account within the department, and that account must be used to pay the costs of administering the process of issuing permits and to fund youth conservation education programs.

     9. Certain revenues; moose hunting research and management. Up to $25,000 may be provided from the revenues generated by application and permit fees to carry out the department's documented moose research.

     10. Pheasant hunting permit revenues. Revenues generated from the sale of pheasant hunting permits must be deposited into a separate account within the department, to be known as the Pheasant Fund and referred to in this subsection as the "fund." The fund is nonlapsing. The fund may be used only for costs directly related to the administration of the pheasant program, including grants to a qualified rod and gun club or qualified hunting-oriented organization to help defray the costs of purchasing and raising pheasants in accordance with an agreement with the commissioner entered into in accordance with section 10108, subsection 9.

SUBCHAPTER 5
SPECIAL FUNDS

§10251.   Lifetime License Fund; establishment; management

     1. Fund established. The Lifetime License Fund, referred to in this section as the "fund," is established in the department to accept all revenue derived from the sale of lifetime hunting and fishing licenses under section 10851. The Treasurer of State shall administer the fund and shall invest the fund, subject to the limitations of this section, for growth and income in a manner consistent with the Treasurer of State's fiduciary responsibilities. Money in the fund may not be expended for any purpose except as provided in this section.

     2. Treasurer of State. The Treasurer of State shall contract with investment firms as necessary to manage the fund; may agree to the payment of reasonable management fees to those firms, using money in the fund; and may direct those firms to purchase or sell investment opportunities as necessary to prudently manage the fund. The Treasurer of State annually may reimburse the State for costs incurred to oversee the fund from earnings of the fund.

     3. Commissioner. The commissioner may accept donations to the fund but may not use any principal or earnings of the fund except upon the approval of the Treasurer of State and for the purposes set forth in this section.

     4. Uses of fund. Prior to July 1, 2010, the Treasurer of State continuously shall reinvest all earnings of the fund and may not authorize any payments from the fund or use any earnings of the fund, except those necessary to pay the costs of administering the fund. On July 1, 2010, and on July 1st of each year thereafter, the Treasurer of State shall transfer to the department an amount equal to 5% of the fund principal. Additional interest earned by the fund, if any, must be reinvested. All funds received from the department under section 10851 and this section are subject to allocation by the Legislature.

     5. Report. The Treasurer of State shall report quarterly to the commissioner and to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters on the status of the fund, including the sources and amount of revenue deposited into the fund, interest earnings and payments from the fund.

§10252. Fish hatchery maintenance fund

     The fish hatchery maintenance fund, referred to in this section as the "fund," is established in the department as a nonlapsing fund to be used by the commissioner to fund or assist in funding engineering designs for the Embden Hatchery, a statewide assessment of all other hatchery facilities and maintenance, repair and capital improvements at fish hatcheries and feeding stations owned by the State and the per diem and related expenses of 4 meetings of the Commission to Study the Needs and Opportunities Associated with the Production of Salmonid Fish in Maine in fiscal year 2001-02 and 4 meetings of the commission in fiscal year 2002-03. The fund may not be used to fund personnel services costs or general operating costs of a fish hatchery. The commissioner may accept and deposit into the fund any monetary gifts, donations or other contributions from public or private sources and must use that money for the purposes specified in this section.

§10253.    Maine Endangered and Nongame Wildlife Fund

     1. Fund established. The Maine Endangered and Nongame Wildlife Fund, referred to in this section as the "fund," is established. The fund receives money deposited by the Treasurer of State pursuant to section 10255 and Title 36, section 5284, revenues generated in accordance with this section and any money contributed voluntarily to the fund. All money deposited in the fund and the earnings on that money remain in the fund to be used for the management of nongame wildlife and for necessary administrative and personnel costs associated with the management of nongame wildlife and may not be deposited in the General Fund or any other fund, except as specifically provided by law.

     2. Report and allocation. The commissioner shall include a report on the fund as part of the report submitted to the Governor pursuant to section 10103. This report must also be submitted to the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters. The commissioner shall submit a budget for each biennium in accordance with Title 5, sections 1663 to 1666. The State Controller shall authorize expenditures from the fund as allocated by the Legislature.

     3. Grants. Any person, organization or agency of the State may apply to the department for a grant to undertake research and nongame wildlife management activities. The department may award grants out of the fund. For the purposes of this section, "nongame wildlife" includes all unconfined terrestrial, freshwater and saltwater species that are not ordinarily collected, captured or killed for sport or profit.

     4. Fundraising. The commissioner or the commissioner's authorized agent may provide for the creation, reproduction, sale, licensing, distribution and other disposal of any art or products for the purpose of generating revenues for the management of the State's nongame wildlife. All money generated from the sale of these items must be deposited in the fund.

     5. WE CARE support program. The Wildlife Enthusiast's Conservation Appreciation, Recreation and Enjoyment, or "WE CARE," support program is established to encourage voluntary support for the programs and services provided by the department. The fee for participating in this program is $19. All money generated pursuant to this subsection must be deposited in the fund.

§10254. Maine Wildlife Park Fund

     1. Fund established. The Maine Wildlife Park Fund, referred to in this section as the "fund," is established. The fund receives all funds collected by the department from the operation of the Maine Wildlife Park, including gate fees, the proceeds of any sales at the Maine Wildlife Park and any donations, grants or other funds presented to the department for the benefit of the Maine Wildlife Park. All money deposited in the fund and the earnings on the money remain in the fund to be used for the management and maintenance of the Maine Wildlife Park. Unexpended balances in the fund at the end of the fiscal year may not lapse but must be carried forward to the next fiscal year to be used for the same purposes.

     2. Report. By February 1st of each year, the commissioner shall submit an annual report to the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. The report must detail the amount of money collected in the fund over the course of the prior year and the expense of managing and maintaining the Maine Wildlife Park. The commissioner shall make recommendations concerning how the fund may be increased or expenses reduced or both so that the Maine Wildlife Park becomes increasingly financially self-sustaining.

§10255. Maine Environmental Trust Fund

     1. Fund established. The Maine Environmental Trust Fund, referred to in this section as the "fund," is established as a nonlapsing fund administered by the commissioner for the purposes of improving state parks and historic sites by supporting the Maine State Parks Fund established in section 1825, subsection 2 and managing nongame wildlife by supporting the Maine Endangered and Nongame Wildlife Fund established in section 10253, subsection 1. Money deposited with the Treasurer of State to the credit of the fund may be invested as provided by law. Income from these investments must be credited to the fund.

     2. Fund sources. The fund receives money deposited by the Treasurer of State pursuant to Title 29-A, section 455 and any other gift, grant or other source of revenue deposited for that use.

     3. Distribution from fund. Money distributed from the fund may be used for marketing the plates and for the production and marketing of goods using the environmental plate design. After the Treasurer of State has reimbursed the Secretary of State for costs of producing and issuing environmental registration plates in accordance with Title 29-A, section 455, the Treasurer of State shall, at the end of each quarter in the fiscal year, distribute the balance in the fund as follows:

     4. Budget. The commissioner shall submit a budget for each biennium pursuant to Title 5, sections 1663 and 1666.

§10256. Land Management Fund

     The Land Management Fund is established within the department. The fund is authorized to receive revenue from the sale of timber, lease of lands, gifts and other revenues associated with the use of department-owned land. The fund must be held separate and apart from all other money, funds and accounts. Any balance remaining in the fund at the end of any fiscal year must be carried forward to the next fiscal year.

§10257. Lake and River Protection Fund

     1. Fund established. The Lake and River Protection Fund, referred to in this section as the "fund," is established within the department as a nonlapsing fund. The fund must be administered by the commissioner. The fund is funded from fees collected for lake and river protection stickers issued under section 13058, subsection 3 and from other funds accepted for those purposes by the commissioner or allocated or appropriated by the Legislature. Money in the fund may be used for enforcing laws pertaining to invasive aquatic plants, inspecting watercraft for invasive aquatic plant materials, educational and informational efforts targeted at invasive aquatic plant prevention, eradication and management activities and the production and distribution of lake and river protection stickers required under section 13058, subsection 3.

§10258. Snowmobile Enforcement Fund

     1. Fund established. The Snowmobile Enforcement Fund, referred to in this section as the "fund," is established in the department's Bureau of Warden Service. All funds credited to the fund are available for use by the Game Warden Colonel of the Bureau of Warden Service only for the purposes established in this section. Money in the fund may be used only to supplement other funds appropriated to the enforcement operations program. Money in the fund at the end of each fiscal year does not lapse and must be carried forward to the next fiscal year.

     2. Fund uses. The Game Warden Colonel may use money in the fund only for the following purposes:

§10259. Whitewater Rafting Fund

     1. Fund established. The Whitewater Rafting Fund, referred to in this section as the "fund," is established to be used by the department, the Department of Conservation, Bureau of Parks and Lands and the affected counties and municipalities to fund activities related to river recreation with primary emphasis on those activities that relate to whitewater trips.

     2. Funding. All fees and surcharges collected under chapter 929 must be credited to the fund, except for license fees collected in accordance with sections 12907 and 12909.

     3. Budget. The expenditures from the fund are subject to legislative approval in the same manner as the General Fund budgets of the department and the Department of Conservation, Bureau of Parks and Lands are approved. The department and the Department of Conservation, Bureau of Parks and Lands shall report annually, before February 1st, to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters on its planned expenditures for the next fiscal year, its actual and planned expenditures for the current fiscal year and its final expenditures for the last fiscal year.

     4. Use of fund. The fund must be used according to this subsection.

SUBCHAPTER 6
MAINE OUTDOOR HERITAGE FUND

§10301. Definitions

     As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

     1. Acquisition. "Acquisition" means fee ownership, easement, lease, right-of-way and other less-than-fee interests in land.

     2. Board. "Board" means the Maine Outdoor Heritage Fund Board.

     3. Coordinator of the Natural Areas Program. "Coordinator of the Natural Areas Program" means the person appointed by the Commissioner of Conservation to be responsible for coordinating the Natural Areas Program.

     4. Fund. "Fund" means the Maine Outdoor Heritage Fund.

     5. Matching funds. "Matching funds" means any combination of public and private funds used in conjunction with the Maine Outdoor Heritage Fund for the purpose of this subchapter, including, but not limited to, private contributions of cash or securities, money from municipal or other public agencies, money from a federal matching program, in-kind contributions or any combination thereof.

     6. Natural resources agencies. "Natural resources agencies" means state agencies, bureaus, boards, commissions or other instrumentalities having jurisdiction over the protection of the State's natural resources.

     7. Public-private partnership. "Public-private partnership" means any partnership between federal agencies, state agencies or individuals or any combination of federal agencies, state agencies or individuals, including corporations and private persons or organizations, where at least 1/3 of the funding is contributed by a nongovernmental organization or individual.

     8. Wildlife. "Wildlife" means wild organisms, including vertebrate, invertebrate and plant species.

§10302. Fund established

     There is established the Maine Outdoor Heritage Fund. The fund consists of revenues received pursuant to Title 8, section 387 and any funds received as contributions from private and public sources. The fund, to be accounted within the department, must be held separate and apart from all other money, funds and accounts. Eligible investment earnings credited to the assets of the fund become part of the assets of the fund. Any balance remaining in the fund at the end of any fiscal year must be carried forward to the next fiscal year.

§10303. Purpose of fund

     The fund is for the sole purpose of maintaining, improving and expanding state and local natural resource conservation programs and associated compatible public uses in accordance with the strategic plan provided for by section 10308, subsection 5, paragraph A.

§10304. Relation to other funding

     The fund supplements sources and levels of funding appropriated and allocated by the Legislature to natural resources agencies. It is the intent of the Legislature that a grant received from the fund not be considered a substitute for funds previously appropriated or allocated to a natural resources agency.

§10305. Fund availability

     The fund must be available to natural resources agencies in accordance with section 10307. Natural resources agencies may contract with nongovernmental organizations and individuals for the purpose of carrying out projects funded by the fund.

§10306. Fund administration

     The Maine Outdoor Heritage Fund Board shall administer the fund.

§10307. Expenditures from fund; distribution

     The board shall make grants, applications for which must be reviewed in accordance with section 10309, to natural resources agencies for projects found consistent with the criteria and the strategic plan adopted by the board pursuant to section 10308, subsection 5, paragraph A. Except as otherwise provided in this subchapter, the board shall distribute annually available grant money as follows:

     1. Fisheries and wildlife; habitat conservation. Thirty-five percent of the money in the fund for fisheries and wildlife and habitat conservation projects;

     2. Public lands and access; outdoor recreation sites and facilities. Thirty-five percent of the money in the fund for acquisition and management of public lands, parks, wildlife conservation areas and public access and outdoor recreation sites and facilities;

     3. Endangered and threatened species. Fifteen percent of the money in the fund for endangered and threatened species conservation projects; and

     4. Natural resources law enforcement. Fifteen percent of the money in the fund for natural resources law enforcement.

     The board is authorized to carry forward money in any of the percentage categories of this section into a successive year in the same category in the event that this carry-over better serves the strategic plan or that no grant applications in a particular year adhere to the strategic plan for a particular percentage category.

§10308. Maine Outdoor Heritage Fund Board

     The Maine Outdoor Heritage Fund Board is established within the department and shall carry out its duties in accordance with this section.

     1. Members. The board consists of 7 members. The commissioner, the Commissioner of Conservation and the Coordinator of the Natural Areas Program are permanent members and their designees may represent them at board meetings. The Governor shall appoint the remaining 4 citizen members subject to the review of the joint standing committee of the Legislature having jurisdiction over natural resources matters and confirmation by the Senate. One of these members must be a representative of a state sportsmen's organization, one must be a representative of a state wildlife conservation organization and one must work in a field related to natural resources.

     2. Terms. The Governor shall appoint citizen members to staggered 4-year terms. Appointed citizens may not serve more than 2 consecutive 4-year terms.

     3. Chair. The Governor shall appoint a citizen member of the board to serve as chair. The chair may not serve more than 2 consecutive 4-year terms.

     4. Board meetings, rules and administration. The board shall conduct its meetings as follows.

     5. Board functions. The board has the following functions.

§10309.    Fund distribution criteria for strategic plan and grants

     In developing the strategic plan provided for by section 10308, subsection 5, paragraph A and reviewing and awarding grant proposals submitted pursuant to section 10308, subsection 5, paragraph B, the board shall consider whether a project involves:

     1. Fisheries and wildlife and habitat conservation. For the category of fisheries and wildlife and habitat conservation:

     2. Acquisition and management of public lands, parks, wildlife conservation areas, and public access and outdoor recreation sites and facilities. For the category of acquisition and management of public lands, parks, wildlife conservation areas, and public access and outdoor recreation sites and facilities:

     3. Conservation of endangered and threatened species and their habitats. For the category of conservation of endangered and threatened species and their habitats:

     4. Natural resources law enforcement. For the category of game wardens and other conservation law enforcement:

     The criteria in this section are not listed in order of priority. A grant applicant must indicate in the proposal the subsection under which the board should evaluate the proposals.

SUBPART 3
LAW ENFORCEMENT AND GENERAL OFFENSES
CHAPTER 905
ENFORCEMENT OFFICERS
SUBCHAPTER 1
GAME WARDENS

§10351. Appointment of wardens

     1. Qualifications. The commissioner shall appoint as game wardens persons who have qualified under the written code prepared by the commissioner and approved by the Director of Human Resources within the Department of Administrative and Financial Services.

     2. Assistants. The commissioner may appoint, on a temporary basis, assistant game wardens.

§10352. Office

     1. Conflicts. Wardens appointed under the authority of section 10351 may hold no other governmental office from which they receive compensation, except elected positions in municipal or county government.

     2. Compensation. The compensation of the wardens appointed pursuant to section 10351, subsection 1 is determined under the Civil Service Law. Assistant game wardens appointed pursuant to section 10351, subsection 2 are not entitled to compensation.

§10353. Duties and powers

     1. Duties. In addition to other duties set out in this Part, a game warden shall:

     2. Powers. In addition to other powers granted in this Part, a game warden may:

     3. Same duties and powers as sheriffs. In addition to specified duties and powers, a warden has the same duties and powers throughout the several counties of the State as sheriffs have in their respective counties, except that a warden's primary responsibility is enforcement of laws protecting fish and wildlife.

     4. Agents of commissioner. A warden may act as an agent of the commissioner.

     5. Assistance to federal agencies. The Bureau of Warden Service may provide assistance to federal agencies. The director of the Bureau of Warden Service may charge the various federal agencies for these services. Revenues received from these agencies must be allocated for the purpose of funding the cost of providing the services.

SUBCHAPTER 2
OTHER ENFORCEMENT OFFICERS

§10401. Officials with full powers of game wardens

     Sheriffs, deputy sheriffs, police officers, constables, marine patrol officers, Baxter Park rangers, wardens of the Penobscot Indian Nation within the Penobscot Indian Territory, as defined by Title 30, section 6205, subsection 2, wardens of the Passamaquoddy Tribe within the Passamaquoddy Indian Territory, as defined by Title 30, section 6205, subsection 1, and law enforcement personnel employed by the United States Department of the Interior have the powers of game wardens.

     The commissioner shall grant the powers of game wardens outside the Penobscot Indian Territory to wardens of the Penobscot Indian Nation and game wardens outside the Passamaquoddy Indian Territory to wardens of the Passamaquoddy Tribe who have qualified under the written code prepared by the commissioner and approved by the Director of Human Resources within the Department of Administrative and Financial Services, as specified in section 10351. The commissioner may revoke these powers for good cause shown and shall provide a subsequent hearing on the revocation under Title 5, chapter 375, subchapter 4, if requested.

§10402.   Officials with certain powers and duties of wardens

     1. Watercraft laws. All harbor masters, except those harbor masters whose authority is restricted as described in Title 38, section 1, have the same powers and duties as game wardens to enforce chapter 935 and any other provision of this Part regulating watercraft.

     2. Snowmobile laws. All law enforcement personnel of the State, including those of the Bureau of Forestry, and supervisors and rangers of the Department of Conservation, Bureau of Parks and Lands and the Allagash Wilderness Waterway have the same powers and duties as game wardens to enforce chapter 937 and any other provision of this Part regulating snowmobiles.

     3. Airmobile laws. All law enforcement personnel of the State, including those of the Bureau of Forestry, have the same powers and duties as game wardens to enforce chapter 935, as it applies to airmobiles, and any other provision of this Part regulating airmobiles.

     4. All-terrain vehicle laws. All law enforcement personnel of the State, including those of the Bureau of Forestry, have the powers and duties to enforce chapter 939 and any other provision of this Part regulating ATVs.

§10403. Enforcement of watercraft laws

     Any municipal, county or state law enforcement officer or any harbor master appointed pursuant to section 13072 or Title 38, section 1 has the authority to enforce, in the respective jurisdictions, the watercraft laws in chapter 935 and the rules related to those laws.

§10404. New Hampshire officers

     Whenever a violation of the marine resources laws or the inland fish and wildlife laws of the State of New Hampshire or the State of Maine is committed or attempted to be committed by any person or persons fishing in any waters or portion of any waters lying between New Hampshire and Maine, any warden or other person who is authorized to make arrests for violations of the marine resources laws and the inland fish and wildlife laws of New Hampshire may make arrests on any part of the waters between New Hampshire and Maine or the shores of those waters and to take the person or persons arrested for trial to the state in which the violation was committed and there to prosecute that person or persons according to the laws of that state.

CHAPTER 907
ENFORCEMENT PROCEDURES
SUBCHAPTER 1
FISH AND WILDLIFE CITATIONS

§10451. Fish and wildlife citation form

     1. Form. The commissioner shall designate the Uniform Summons and Complaint as the citation form to be used by the warden service.

     2. Responsibility for issuance and disposition. Responsibility for issuance and disposition is as follows.

     3. Lawful complaint. If the citation provided for in this section or a Uniform Summons and Complaint is duly sworn to as required by law and otherwise legally sufficient in respect to the form of a complaint and charging an offense, it may be filed in a court having jurisdiction and constitutes a lawful complaint for the purpose of the commencement of any criminal prosecution or civil violation proceeding.

     4. Lawful summons. A citation as provided for in this section or a Uniform Summons and Complaint, when served upon a person by a law enforcement officer, acts as a summons to appear in court or to otherwise respond in accordance with law on or before the date specified in the summons. Any person who fails to appear in court as directed by the summons or to otherwise respond in accordance with law on or before the date specified in the summons commits a Class E crime. Upon that person's failure to appear or respond in accordance with law, the court may issue a warrant of arrest. It is an affirmative defense to prosecution under this subsection that the failure to appear or respond resulted from just cause.

§10452. Refusal to sign

     A person who refuses to sign a citation or Uniform Summons and Complaint after having been ordered to do so by a law enforcement officer commits a Class E crime.

§10453. Unlawful disposition of citations

     It is unlawful and official misconduct for a warden or other public employee to dispose of an official citation form or Uniform Summons and Complaint, except in accordance with law and as provided for in any applicable official policy or procedure of the Bureau of Warden Service.

SUBCHAPTER 2
EVIDENCE

§10501.   Admissibility of department records and prima facie evidence

     1. Certificate; admissible evidence. A certificate, signed by the commissioner or the commissioner's designee, stating what the records of the department show on any given matter is admissible in evidence in all courts of this State to prove what the records of the department are on that matter. Upon the testimony of a law enforcement officer that the certificate and records were obtained by that officer from the department, the court shall admit that certificate and those records as evidence without any further foundation or testimony.

     2. Certificate prima facie evidence person not holder of license, permit, registration or certificate of number. A certificate, signed by the commissioner or the commissioner's designee, stating that the records of the department do not show that a particular person on a stated date held a license, permit, registration or certificate of number issued under this Part is admissible in evidence in all courts of this State and is prima facie evidence that the particular person named in the certificate did not hold a license, permit, registration or certificate of number as specified in the certificate on the date specified in the certificate.

     3. Certificate prima facie evidence of license, permit, registration or certificate of number revocation. A certificate, signed by the commissioner or the commissioner's designee, stating that the records of the department show that a particular person's license, permit, registration or certificate of number issued under this Part was revoked or suspended on a particular stated date is admissible in evidence in all courts of this State and is prima facie evidence that the particular person's license, permit, registration or certificate of number as specified in the certificate was revoked or suspended on the date stated.

     4. Use of snowmobile accident reports. Accident reports made by investigating officers are for the purpose of statistical analysis and accident prevention and are not admissible in evidence in any trial, civil or criminal, arising out of an accident, but any investigating agency may disclose, upon the request of any person, the date, time and location of the accident and the names and addresses of drivers, owners, injured persons, witnesses and the investigating officer. The investigating agency may upon written request furnish a photocopy of any report at the expense of the person making the request.

     5. Certificate of number for motorboat. If the operator of a motorboat requiring a certificate of number under section 13056, subsection 2 fails to produce a current certificate of number for the motorboat that person is operating within a reasonable time after demand of a law enforcement officer authorized to enforce the law, it is prima facie evidence that the motorboat is being operated without a current certificate of number.

     6. Failure to produce license. A person's failure to produce a license within a reasonable time when requested by any authorized person is prima facie evidence that the person does not possess that license.

     7. Possession of hunting equipment without license. The possession of any hunting equipment in the fields, forests or on the waters or ice within the territorial limits of the State by any person who does not possess the required hunting license duly issued to that person, covering the period of time within which the hunting equipment is found in that person's possession, is prima facie evidence of hunting in violation of law, unless the person furnishes satisfactory evidence of the issuance of a hunting license.

     8. Possession of fishing tackle without license. The possession of any fishing tackle in the fields, forests or on the waters or ice within the territorial limits of the State by any person who does not possess the required fishing license duly issued to that person, covering the period of time within which the fishing tackle is found in that person's possession, is prima facie evidence of fishing in violation of law, unless the person furnishes satisfactory evidence of the issuance of a fishing license.

     9. Possession of hunting equipment on Sunday. Possession of hunting equipment in the fields or forests or on the waters or ice in the State or in a motor vehicle being operated on an unpaved highway or road located in an unorganized township on Sunday is prima facie evidence of a violation of section 11205, unless:

     10. Possession of firearm on public paved way. Possession of a loaded firearm on a public paved way or within 10 feet of the edge of the pavement of a public paved way or within the right-of-way of any controlled access highway, except as otherwise provided in section 11208, subsection 1, is prima facie evidence of hunting.

     11. Failure to give notice of snowmobile accident. Failure of a person who is required to give notice of a snowmobile accident under section 13106, subsection 22 to give that notice to the available law enforcement officer nearest to the place where the accident occurred is prima facie evidence that the accident was not reported.

§10502. Seizure of fish, wildlife and equipment

     1. Seizure; filing libel. All fish or wildlife hunted, trapped, fished, bought, sold, carried, transported or found in possession of any person in violation of this Part, and all equipment, including firearms, possessed or used in violation of this Part are contraband and subject to seizure by any officer authorized to enforce this Part. Except for property exempted from libel under subsection 2, an officer making such a seizure shall file, within a reasonable time, with the court a libel against that property. The libel must describe the property seized and the date and place of that seizure, cite the provision of law that is alleged to have been violated and request a decree of forfeiture. The libel proceedings and disposal of property are governed by section 10503.

     2. Exemption from libel proceedings. The following property may be lawfully seized under this section but is not subject to the libel requirements of this section:

Property seized by the commissioner that is exempt from libel under this subsection must be retained by the commissioner pending disposition of criminal proceedings and is forfeited to the State upon conviction.

     Property forfeited to the State under this section may be disposed of by the commissioner in any manner considered appropriate by the commissioner.

§10503.   Forfeiture of seized fish, wildlife and equipment

     Whenever a libel has been filed pursuant to section 10502:

     1. Notice and hearing of libel. The judge shall fix a time for the hearing of the libel and issue a notice of the libel to all persons interested, citing them to appear at the time and place appointed and show cause why the fish, wildlife or equipment possessed should not be declared forfeited. A true and attested copy of the libel and notice must be posted in 2 conspicuous places in the town or place where the fish, wildlife or equipment possessed was seized, or in such place or places as is ordered by the court, at least 10 days before the day on which the libel is returnable. Copies must be served on common carriers;

     2. Disposal and sale of fish or wildlife. If the court finds that the fish or wildlife seized will be unsuitable for food or other use on the day on which the libel is returnable, the court shall order the officer making the seizure to dispose of the seized fish or wildlife. The officer disposing of the seized fish or wildlife shall, in case of sale, hold the proceeds of the sale subject to order of the court for decision as to the right of the claimant, if any appear, to the fish or wildlife. If the court finds the claimant, if any appear, is not entitled to the fish or wildlife, the officer making the seizure shall turn over to the court the proceeds of the sale, and the court shall forward the proceeds to the commissioner in the same manner as is provided by section 10203;

     3. Declaration of forfeiture. If no claimant appears, the court shall, on proof of notice, declare the articles forfeited to the State;

     4. Claim procedures. If a person appears and claims the articles, or any part of the articles, as having a right to the possession of them at the time when they were seized, that claimant shall file with the court a claim in writing stating specifically:

If a person makes a claim in accordance with this subsection, that claimant must be admitted as a party to the process, and the court shall proceed to determine the truth of the allegations in the claim and libel and may hear any pertinent evidence offered by the libelant or claimant;

     5. Return of articles or proceeds to claimant. If the court is, upon the hearing, satisfied that the fish, wildlife or equipment possessed was not possessed in violation of this Part and that the claimant is entitled to the custody of any part of the articles, the court shall give the claimant an order in writing, directed to the officer having the articles in custody, commanding delivery to the claimant of the articles or proceeds derived from the sale of the articles, to which the claimant is found to be entitled, within 48 hours after demand;

     6. Judgment against claimant. If the court finds the claimant entitled to no part of the articles seized, the court shall render judgment against that claimant for the libelant for costs, to be taxed as in civil cases before the court, and issue execution thereon, and declare the articles forfeited to the State;

     7. Appeal. The claimant may appeal and shall recognize with sureties as on appeals in civil causes from a judge;

     8. Costs. The costs are:

     9. Forms. The department shall provide forms for all cases arising under this section.

§10504. Officer's report

     In all cases, the officer making any seizure or sale of fish or wildlife shall, within 10 days after the seizure or sale, report all particulars of the seizure or sale and an itemized statement of the proceeds, expenses and fees and the disposition of the proceeds to the commissioner.

SUBCHAPTER 3
JUDICIAL ACTIONS

§10551. Prosecution by district attorney

     Each district attorney shall prosecute all violations of this Part occurring within the district attorney's district when requested by the commissioner or a game warden or other law enforcement officer authorized to enforce these chapters.

§10552.   Compulsory testimony and witness immunity

     In any prosecution under this Part, any participant in a violation of this Part, when requested by the district attorney, commissioner or other officer instituting the prosecution, may be compelled to testify as a witness against any other person charged with violating those chapters, but the evidence given may not be used against the person testifying in any prosecution for such a violation.

§10553. Jurisdiction

     The District Court has concurrent jurisdiction with the Superior Court in all criminal prosecutions under this Part.

§10554. Court procedure

     The provisions of Titles 14 and 15 relating to court procedure apply in all prosecutions under this Part.

§10555. Failure to appear

     If a person from whom a game warden has accepted personal recognizance and a deposit in accordance with section 10353, subsection 2, paragraph C fails to appear in court on the day specified in the summons, either in person or by counsel, the court shall order the recognizance and deposit forfeited, and the clerk shall immediately notify the commissioner. The default and forfeiture is considered a conviction for purposes of revocation of licenses.

§10556. Clerks to notify commissioner

     The clerks of the District Court and the clerks of the Superior Court shall notify the commissioner of the conviction of a person of a violation of this Part, the sentence of the court and any appeal taken from the sentence.

SUBCHAPTER 4
GENERAL PENALTIES AND SENTENCING

§10601. General penalty statement

     A person who violates a provision of this Part commits a Class E crime, except as otherwise provided in this Part.

§10602. Rule violations; general

     Except as otherwise provided, a person who violates any provision of any rule of the commissioner adopted in accordance with this Part commits a Class E crime.

§10603. Crime of multiple civil violations

     The violation of a prohibited act under this Part by a person who has 3 or more adjudications of having committed civil violations under this Part within the previous 5-year period is a Class E crime.

§10604. Conviction record of habitual violator

     A certificate, signed by the commissioner or a person designated by the commissioner, setting forth the conviction record as maintained by the department of any person whose record brings that person within the definition of an habitual violator, as defined in section 10605, subsection 1, is admissible in evidence in all courts of the State for purposes of sentencing. That certificate is prima facie evidence that the person named in the certificate was duly convicted by the court in which that conviction was made of each offense set forth in the certificate. If the person named in the certificate denies any of the facts stated in the certificate, that person has the burden of proof.

§10605. Sentencing alternative; habitual violator

     1. Habitual violator defined. For purposes of this section, "habitual violator" means a person whose record, as maintained by the department, shows that:

     2. Sentencing alternative for habitual violators. When an habitual violator is convicted of a crime in this Part the court shall impose a sentencing alternative involving not less than 3 days imprisonment, none of which may be suspended, and a fine of not less than $500, none of which may be suspended.

§10606. License or permit violation

     A person may not violate any restriction of a license or permit issued in accordance with this Part. Unless otherwise provided in this Part, each day a person violates a restriction of a license or permit issued in accordance with this Part, that person commits a Class E crime.

§10607.    Rule violations; operation of motor vehicles on public water supply

     Notwithstanding section 10602, a person who violates a rule regulating the operation of motor vehicles on public water supplies commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

CHAPTER 909
GENERAL OFFENSES

§10651. Failure to stop for law enforcement officer

     1. Prohibition. A person may not:

     2. Penalty. A person who violates this section commits a Class E crime.

§10652.    Abuse of another person's property while fishing, hunting or trapping

     1. Prohibitions. Prohibitions on the abuse of another person's property while fishing, hunting or trapping are as follows.

A person may not possess any wild animal or wild bird taken by hunting or trapping in violation of this subsection, except as otherwise provided in this Part.
§10653. Nonfeasance

     A person may not fail to perform any act, duty or obligation enjoined upon that person by this Part.

     A person who violates this section commits a Class E crime.

§10654.    Harassment of hunters, trappers and anglers

     1. Interference with taking. A person may not intentionally or knowingly:

     2. Penalty. A person who violates subsection 1 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     3. Injunctions. The District Court or Superior Court may enjoin conduct that would be in violation of this section upon petition by a person affected or who reasonably may be affected by the conduct, upon a showing that the conduct is threatened or that it has occurred on particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.

     4. Property rights otherwise provided by law. This section may not be construed in any way to limit the ownership use, access or control of property rights otherwise provided by law.

§10655. Failure to notify

     Except as otherwise provided through written agreement, a person may not, if that person has knowledge that a person is lost, stranded or drowned in the woodlands or inland waters of the State, fail to give notice of the lost, stranded or drowned person by quickest means to the Bureau of Warden Service.

     A person who violates this section commits a Class E crime.

§10656. Defacement of notices

     1. Prohibition on defacement of notices. A person may not intentionally or knowingly mutilate, deface or destroy any notice or rule of the commissioner posted in conformity with this Part.

     2. Penalties. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

CHAPTER 911
HUNTING AND OPERATING UNDER THE INFLUENCE

§10701.    Hunting under the influence; operating watercraft, snowmobile or ATV under the influence

     1. Prohibition. A person may not hunt wild animals or wild birds or operate or attempt to operate a watercraft, snowmobile or ATV:

     2. Possession of hunting equipment while intoxicated. The possession of hunting equipment in the fields or forests or on the waters or ice in the State by a person while under the influence of intoxicating liquor or drugs is prima facie evidence that the possessor is in violation of subsection 1.

     3. Penalties. A person who violates this section commits a Class D crime. In determining an appropriate sentence, refusal to submit to a chemical test must in every case be an aggravating factor. In the following cases the following minimum penalties apply.

Any alternatives defined in subsection 1 may be pleaded in the alternative. The State may, but is not required to, elect an alternative prior to submission to the fact finder.
For purposes of this subsection, a prior conviction has occurred within the 6-year period if the date of docket entry by the clerk of a judgment of conviction or adjudication is 6 years or less from the date of the new conduct that is penalized or for which the penalty is or may be enhanced.
In determining the appropriate sentence, the court shall consider the defendant's record of convictions for hunting under the influence or operating a snowmobile, all-terrain vehicle or watercraft while under the influence of intoxicating liquor or drugs and for failure to comply with the duty to submit. The court may rely upon oral representations based on records maintained by the courts, by the Department of Public Safety, State Bureau of Identification; by the Secretary of State, including telecommunications of records maintained by the Secretary of State; or by the department. If the defendant disputes the accuracy of any representation concerning a conviction or adjudication, the court shall grant a continuance for the purposes of determining the accuracy of the record.
References in this Title to this subsection are deemed to refer to the juvenile crime stated in Title 15, section 3103, subsection 1, paragraph E and to the disposition, including a suspension, for that juvenile crime as provided in Title 15, section 3314, subsection 3, except as otherwise provided or when the context clearly requires otherwise.
§10702. Chemical tests

     1. Duty to submit. The following persons have a duty to submit to chemical testing.

     2. Failure to comply with duty to submit. This subsection applies to a person refusing to submit to chemical testing.

     3. Penalties. A person who violates this section commits a civil violation for which a forfeiture of up to $500 may be adjudged.

§10703.   Administering chemical tests; test results; evidence; reporting; immunity

     1. Blood or breath test. If the law enforcement officer has probable cause to believe a person hunted wild animals or wild birds or operated or attempted to operate a watercraft, snowmobile or ATV while under the influence of intoxicating liquor, then the officer shall inform the person that a breath test will be administered, unless, in the determination of the officer, it is unreasonable for a breath test to be administered, in which case a blood test must be administered. When a blood test is required, the test may be administered by a physician of the accused's choice, at the request of the accused and if reasonably available. The law enforcement officer may determine which type of breath test, as described in subsection 5, will be administered.

     2. Prerequisites to tests. Before any test is given, the law enforcement officer shall inform the person to be tested of the consequences of refusing to comply with the test. If the person fails to comply with the duty to submit to and complete the requested chemical tests at the direction of the law enforcement officer, that person is committing a civil violation for which the person may be required to pay a civil forfeiture of up to $500. The officer shall also inform the person that the failure to comply with the duty to submit to a chemical test is admissible in evidence against that person at any trial for hunting or operating under the influence of intoxicating liquor or drugs or a combination of liquor and drugs.

Test results may not be excluded as evidence in any proceeding before any administrative officer or court of this State as a result of the failure of the law enforcement officer to comply with these prerequisites. The only effects of the failure of the officer to comply with the prerequisites are as provided in subsection 7.

     3. Results of test. Upon the request of the person who submits to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests must be made available to that person or that person's attorney by the law enforcement officer.

     4. Blood-alcohol level. The following percentages by weight of alcohol in the defendant's blood have the following evidentiary effect.

     5. Administration of tests. Persons conducting analyses of blood, breath or urine for the purpose of determining the blood-alcohol level or drug concentration must be certified for each purpose by the Department of Human Services under certification standards set by that department.

     6. Liability. A physician, physician's assistant, registered nurse, person certified by the Department of Human Services or hospital or other health care provider in the exercise of due care is not liable in damages or otherwise for any act done or omitted in performing the act of collecting or withdrawing specimens of blood at the request of a law enforcement officer pursuant to this section.

     7. Evidence. The percentage by weight of alcohol in the defendant's blood at the time alleged and the concentration of drugs at the time alleged, as shown by the chemical analysis of the defendant's blood, breath or urine or by any test authorized by subsection 5 is admissible in evidence.

     8. Statements by accused. Any statement by a defendant that the defendant was the operator of a watercraft, snowmobile or ATV that the defendant is accused of operating in violation of section 10701, subsection 1 is admissible if it was made voluntarily and is otherwise admissible under the United States Constitution or the Constitution of Maine. The statement may constitute sufficient proof by itself, without further proof of corpus delicti, that the watercraft, snowmobile or ATV was operated by the defendant. Any statement by a defendant that the defendant was hunting wild animals or wild birds is admissible against a defendant accused of hunting wild animals or wild birds in violation of section 10701, subsection 1 if the statement was made voluntarily and is otherwise admissible under the United States Constitution or the Constitution of Maine. The statement may constitute sufficient proof by itself, without further proof of corpus delicti, that the defendant was hunting wild animals or wild birds.

     9. Payment for tests. Persons authorized to take specimens of blood at the direction of a law enforcement officer and persons authorized to perform chemical tests of specimens of blood or breath must be paid from the General Fund or from dedicated revenues of the department when a law enforcement officer of the department authorizes the chemical tests. The Department of Marine Resources shall pay for chemical tests authorized by marine patrol officers with funds available within that department.

     10. Accidents and officer's duties. The law enforcement officer has the following duties.

     11. Fatalities. Notwithstanding any other provision of this section, any person hunting wild animals or wild birds who is involved in a hunting accident or any operator of a watercraft, snowmobile or ATV who is involved in a watercraft, snowmobile or ATV accident that results in the death of any person must submit to and complete chemical tests to determine that person's blood-alcohol level or other chemical use by analysis of blood, breath or urine. A law enforcement officer may determine which types of tests will be administered. The results of tests taken pursuant to this subsection are not admissible at trial unless the court is satisfied that probable cause exists, independent of the test results, to believe that the hunter or operator was under the influence of intoxicating liquor or drugs or had an excessive blood-alcohol level.

     12. Aid in enforcement among municipalities. Except as otherwise prohibited by municipal charter or ordinance, municipalities may, in the manner provided by Title 30-A, section 2674, enter into agreements regarding mutual aid in enforcing laws governing the hunting of wild animals or wild birds while under the influence of intoxicating liquor or drugs or the operation of a watercraft, snowmobile or ATV while under the influence of intoxicating liquor or drugs.

     13. Reporting; immunity. Immunity from certain criminal and civil liabilities for the act of good faith reporting by certain health care professionals on accidents that the reporting person reasonably believes involved a person who was hunting or operating a snowmobile, ATV or watercraft while under the influence of intoxicating liquor or drugs is set forth in Title 29-A, section 2405.

SUBPART 4
FISH AND WILDLIFE
CHAPTER 913
GENERAL LICENSE AND PERMIT PROVISIONS
SUBCHAPTER 1
LICENSES AND PERMITS; ELIGIBILITY, ISSUANCE AND REQUIREMENTS

§10751. Application and license specifications

     1. Form. The commissioner shall furnish application blanks, licenses and permits in such form as the commissioner may designate. The department may charge a fee of up to $10 to cover administrative costs for the issuance of miscellaneous licenses and permits for which a fee is not provided by law.

     2. Identification number. The commissioner may require an identification number and any other pertinent information on any licenses or permits issued by the department as the commissioner determines necessary.

     3. Statement of right to possess firearms. The department's applications for licenses and permits that authorize a person to hunt with a firearm must include the following statement signed by the applicant:

I CERTIFY THAT EITHER I AM NOT A CONVICTED FELON OR THAT I AM A CONVICTED FELON WITH A PERMIT TO CARRY A FIREARM. BY MAKING FALSE STATEMENTS ON THIS DOCUMENT, I REALIZE I AM COMMITTING A CLASS D CRIME PUNISHABLE UNDER MAINE LAW.

     4. Stamps. Whenever a license or permit to hunt is in the form of a stamp, the licensee must affix the stamp to the licensee's hunting license and validate it by signing the licensee's name across the face of the stamp.

     5. Preissue. A license or permit may be issued prior to the date upon which it goes into force.

     6. Duplicates. A duplicate license or permit may be obtained by a person who has accidentally lost or destroyed a license or permit issued to that person under this chapter upon payment of a fee of $2, all of which must be retained by the agent.

     7. License must be signed. A license issued by the department must be signed by the licensee prior to use.

§10752. Eligibility

     1. Residents. A resident is eligible for a resident license or permit under this Part.

     2. Nonresidents. A nonresident is eligible for a nonresident license or permit under this Part.

     3. Aliens. An alien is eligible for an alien license or permit under this Part.

     4. Member of United States Armed Forces permanently stationed in State. The following persons are eligible for any trapping, fishing, hunting or combination fishing and hunting license or permit at the resident fee and have the same privileges as residents of this State in regard to trapping, hunting and fishing:

A member of the Armed Forces of the United States stationed in the State who desires a trapping, hunting, fishing or combination license or permit shall present certification from the commander of the member's post, station or base, or from the commander's designated agent, that the person is permanently stationed at that post, station or base.

     5. Persons convicted of burglary, criminal trespass or theft. Persons convicted of the following offenses are not eligible to obtain a license or permit issued by the department:

If the conviction under paragraph A, B or C was a first conviction, the person convicted is not eligible to obtain a license or permit issued by the department within 2 years of the date of that first conviction.

     6. Persons convicted of certain offenses. The following applies to the conviction of certain offenses.

§10753. Proof of residency

     An applicant for a license or permit under this Part is responsible for submitting proof of residency to the agent or the department, or both. A resident license issued to a person unable to meet the residency requirements at the time the license was issued is invalid and must be returned to the commissioner upon request.

§10754. Trespass reminder

     The following notice must be printed on each hunting and fishing license: "This document does not authorize you to enter private property without permission."

§10755.    Intentional issuance of resident license or permit to nonresident

     A town clerk or agent may not intentionally issue a resident license or permit to a person who is not a resident. A person who violates this section commits a Class E crime.

§10756. Duty to carry and exhibit license or permit

     A person who holds a license or permit issued under this Part shall, while engaged in the licensed activity or while transporting fish, wild animals or wild birds:

     1. Carry license or permit. Have on that person that license or permit; and

     2. Exhibit license or permit. Exhibit that license or permit for inspection upon request to a warden or other law enforcement officer, an employee of the department, a registered Maine guide or the owner of the land on which the licensed activity is taking place.

     A person who violates this section commits a Class E crime.

§10757. Fraudulently obtaining license or permit

     A person may not obtain a license or permit authorized in this Part through fraud, misstatement or misrepresentation. A person who violates this section commits a Class E crime.

§10758. Possession of altered license or permit

     A person may not possess a license or permit issued under this Part that has been altered, tampered with or mutilated in any manner.

§10759. Expiration

     All licenses and permits issued under this chapter expire at midnight on December 31st of the calendar year for which the license or permit was issued, unless specifically provided for otherwise.

SUBCHAPTER 2
ESTABLISHMENT OF AGENTS

§10801. Establishment of agents

     1. Appointment. The commissioner may appoint clerks of towns, the State Tax Assessor or such other agents as the commissioner considers necessary to issue licenses and permits. The commissioner shall determine the period during which the agents perform their duties. In the case of services performed for the commissioner by the State Tax Assessor, the provisions of this chapter regarding agents' fees do not apply.

     2. Agents for purpose of selling licenses. The commissioner shall adopt rules that establish the criteria for selecting agents to sell licenses and permits. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

     3. Reporting and payment requirements. The commissioner shall adopt rules establishing the reporting requirements for agents and the procedure for payment of all funds collected for the reporting period. If these rules include a requirement that agents must report more frequently than once a month, the commissioner is responsible for all costs associated with the additional reporting requirement, including mailing costs. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

     4. Deposit. The commissioner shall deposit funds collected by agents from the sale of licenses and permits and any unencumbered balances as of June 30, 1990 in the State Treasury as undedicated revenue to the General Fund.

     5. Purposes. All funds derived from the sale of licenses or permits under this Part must be used for the following purposes only:

     6. Delinquent agents. An agent is delinquent if that agent fails to forward to the commissioner funds collected by that agent by the date established in rules adopted under subsection 3. Failure to remit the funds as provided in this section results in the following sanctions, in addition to any others provided by law.

     7. Exception. This section does not apply to the State Tax Assessor with respect to services performed for the commissioner.

§10802. Rule violations; agent

     Notwithstanding section 10602, a person who violates a rule regulating hunting and fishing agents commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

SUBCHAPTER 3
LIFETIME, COMPLIMENTARY AND REDUCED-RATE LICENSES

§10851. Resident lifetime licenses

     1. Infants and seniors. The following resident lifetime licenses may be purchased:

     A person must be a resident to purchase a resident lifetime license under this section. Once purchased, a resident lifetime license is valid for the life of the holder without regard to subsequent changes in the legal residence of the holder. The license entitles the holder to all fishing or hunting privileges extended to residents of that same age who hold the equivalent annual license and subjects the holder to all limitations and prerequisites on those fishing or hunting privileges that apply to residents of that same age who hold the equivalent annual license.

     Notwithstanding any other provision of this section, if the commissioner determines that the sale of lifetime licenses for persons 65 years of age or older will result in a loss of license revenue to the department in any fiscal year, the commissioner shall withhold from deposit to the fund established in section 10251 an amount necessary to avoid that loss in revenue. Money withheld under this paragraph may be withheld only from revenue from the sale of lifetime licenses to persons 65 years of age or older. This paragraph is repealed on July 1, 2010.

§10852. Lifetime privileges to be honored

     A lifetime license issued under this subchapter is valid for the life of the license holder unless lawfully suspended or revoked by the commissioner for a violation of fish and wildlife laws under this Part. The Legislature may not otherwise act in any way to limit or end the right of a person holding a lifetime license to the lifetime enjoyment of all the rights and privileges authorized by that license.

§10853. Complimentary and reduced-rate licenses

     1. Residents over 70 years of age. A complimentary license to hunt, trap or fish, including an archery license under section 11109, subsection 7, a pheasant hunting permit under section 11156, a muzzle-loading hunting license under section 11109, subsection 4, a migratory waterfowl permit under section 11157 and a bear hunting permit under section 11151 must be issued to a resident who is 70 years of age or older upon application to the commissioner.

     2. Blind residents. A complimentary license to fish must be issued to a resident who is 16 years of age or older and blind and applies for the fishing license to the commissioner. This complimentary license remains valid for the life of the license holder if the license holder continues to satisfy the residency requirements in section 10001, subsection 53 and the license is not revoked or suspended. The application must be accompanied by certified evidence that the applicant is permanently blind. For the purpose of this subsection, "blind" means having visual acuity for distant vision of 20/200 if the widest diameter of field of vision subtends an angle no greater than 20 degrees.

     3. Paraplegics. The commissioner may issue, upon application, complimentary resident hunting and fishing licenses to a resident who has lost, or who has permanently lost the use of, both lower extremities. A license issued under this subsection remains valid for the life of the license holder if the license holder continues to satisfy the residency requirements in section 10001, subsection 53 and the license is not revoked or suspended.

The commissioner may issue, upon application, complimentary nonresident hunting and fishing licenses to a person from another state who would qualify under this subsection as long as the state where the person resides provides a reciprocal privilege for residents of this State.

     4. Resident disabled veteran. A resident disabled veteran may apply to the commissioner for one or more of the following complimentary permits and licenses: a license to hunt with a firearm, a license to trap, a license to fish, archery hunting licenses as provided in section 11109, subsection 7, a pheasant hunting permit as provided in section 11156 and a muzzle-loading hunting license as provided in section 11109, subsection 4. The commissioner shall issue the permit, license or licenses requested under this subsection if the commissioner determines the applicant is a resident disabled veteran and is not otherwise ineligible to hold that permit or license. For the purposes of this subsection, "resident disabled veteran" means a person who:

Each application must be accompanied by satisfactory evidence that the applicant meets the requirements of this subsection. A permit or license issued under this subsection remains valid for the life of the permit or license holder, as long as the permit or license holder continues to satisfy the residency requirement in section 10001, subsection 53 and the permit or license is not revoked or suspended.

     5. Holders of Congressional Medal of Honor. Upon application, the Governor may grant 2-year complimentary hunting and fishing licenses to holders of the Congressional Medal of Honor.

     6. 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 State may be issued a combination fishing and hunting license for an amount equal to the administrative costs associated with issuing the license as determined by the department. Administrative costs do not include agent fees. To qualify, the member of the Armed Forces of the United States must show proof that that member's home of record, as recorded in that person's service records, is Maine. That person may purchase all other licenses or permits at resident fees. The license is valid during the year of issue. That person's spouse and children may purchase hunting and fishing licenses at reduced rates. The reduced fees are as follows:

     7. Patients and inmates in certain state institutions. The commissioner may issue free fishing permits covering:

     8. Native American. The commissioner shall issue a hunting, trapping and fishing license to any Native American, 10 years of age or older, of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Aroostook Band of Micmacs without any charge or fee if the Native American presents a certificate from the respective reservation governor, the Aroostook Micmac Council or "Wesget-Sipu" stating that the person described is a Native American and a member of that nation, band or tribe. Holders of these licenses are subject to this Part.

     9. Foreign exchange students. A resident license to hunt or fish must be issued, at a fee equal to the resident license fee for a person of like age and status, to any citizen of a foreign nation under 21 years of age who is domiciled with a family within the State pursuant to any cultural or educational exchange program conducted by any governmental, educational, cultural or religious organization.

     10. Persons with mental retardation. A complimentary license to fish must be issued to any person with mental retardation, as defined in Title 34-B, section 5001, subsection 3, upon application to the commissioner. The application must be accompanied by certified evidence that the applicant meets the defined condition. This complimentary license remains effective for the life of the license holder, if the license is not revoked or suspended.

     11. Permits to accommodate permanent physical disabilities. The commissioner may issue a special permit to a person with a permanent physical disability that includes special authorization that allows that person to hunt, trap or fish at times or in a manner otherwise prohibited by this Part in order to enhance access to hunting, trapping and fishing opportunities. No laws or rules may be waived except as are necessary to effect this subsection. A permit may be issued under this subsection only if:

Prior to making a determination of eligibility under this subsection, the commissioner or the commissioner's agent shall meet with the applicant in person at a location chosen by the commissioner to discuss the applicant's needs. Each applicant's disability and needs must be reviewed in consultation with the disabled hunter, trapper and angler advisory committee established in section 10152 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 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 may 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.

SUBCHAPTER 4
REVOCATION AND SUSPENSION OF LICENSES OR PERMITS

§10901. Compliance; noncompliance

     1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

     2. Compliance. In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as prescribed by the various acts of the department, applicants for licensure or registration, licensees renewing their licenses and existing licensees must also comply with the requirements of Title 19-A, section 2201.

     3. Noncompliance with a court order of support. An applicant for the issuance or renewal of a license or an existing licensee who is not in compliance with a court order of support is subject to the requirements of Title 19-A, section 2201.

§10902.    Suspension or revocation of or refusal to issue license or permit

     1. Conviction or adjudication of violation. Any conviction or adjudication for a violation of this Part is grounds for suspension of any license or permit issued under this Part. Except where provided by law, the commissioner shall determine the suspension period. To suspend a license or permit based upon a conviction or adjudication, the commissioner shall follow the procedures under section 10903. A suspension or revocation of a license by the District Court is subject to the provisions of subsection 5.

     2. Refusal to issue license or permit. If a person is convicted or adjudicated of a violation of any provision of this Part and is not the holder of a valid license or permit issued under this Part, the commissioner may refuse to issue a related license or permit to that person for up to 5 years following the date of conviction or adjudication, except when the killing or wounding of a human being has occurred, in which case the commissioner may revoke the license or permit for a period of not less than 5 years.

     3. Failure to pay fine. If a license or registration is suspended pursuant to Title 14, section 3142, the suspension remains in effect until the person pays the fine. On condition of payment of a $25 reinstatement fee to the department, the clerk of the court in which the suspension was ordered shall rescind the suspension and notify the department, which, upon receipt of the $25 reinstatement fee, shall delete any record of the suspension from that person's record. For the purposes of this subsection, "fine" has the same meaning as in Title 14, section 3141, subsection 1.

     4. Mandatory revocation of all licenses issued by the department. A person's license must be revoked under the following circumstances.

     5. Hunting license revocation or suspension for endangerment or harm to another. The commissioner may bring a complaint in the District Court seeking to revoke or suspend the current hunting license or the privilege to obtain a hunting license of any person whom the commissioner reasonably believes to have killed, wounded or recklessly endangered the safety of another human being while hunting. The District Court shall revoke or suspend the person's license or privilege for a period of at least 5 years if the court finds that the person, while hunting, has killed, wounded or recklessly endangered the safety of another human being and the public safety will be endangered by the person's retention of that license or privilege. For the purpose of this subsection, "recklessly" has the same meaning as that set out in Title 17-A, section 35, subsection 3.

     6. Mandatory hunting license revocation for certain violations. The commissioner shall suspend a person's hunting license for at least one year and may suspend any other license issued under this Part and held by that person if that person is convicted of:

     7. Mandatory hunting license revocation; coyote hunting violation. A hunting license of a person convicted of hunting coyote in violation of section 11160 or 12001 must be revoked and that person is not eligible to obtain any hunting license for a period of one year from the date of conviction.

     8. Mandatory revocation of fishing license. The commissioner shall suspend a person's fishing license for at least one year and may suspend any other license issued under this Part and held by that person if that person is convicted or adjudicated of:

§10903. Effective date for suspensions

     1. For mandatory suspension. For a violation having a minimum statutory suspension period, a suspension is effective upon conviction or adjudication and the license holder must surrender the license immediately to the commissioner. That person is not entitled to a hearing under section 10905 if the suspension period does not exceed the minimum period of suspension required by law. In addition to any suspension period ordered by the commissioner, a person whose license is suspended for a violation having a mandatory suspension must successfully complete an outdoor ethics course conducted or endorsed by the department prior to being eligible to have that license reinstated.

     2. For all other suspensions. For a violation that does not have a minimum statutory suspension period, a suspension is effective upon written notification of suspension by the commissioner. That person must surrender that license to the commissioner upon receipt of a notice of suspension and is entitled to a hearing under section 10905. The commissioner shall adopt rules specifying the conditions under which a person whose license is suspended for a violation that does not carry a mandatory suspension is required to complete an outdoor ethics course. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

     Outdoor ethics courses must be scheduled by the Bureau of Warden Service and must be given whenever there are 10 or more persons needing or wanting to take the course. The fee for an outdoor ethics course is $100, payable 10 working days prior to the start of the course. All fees collected under this section are allocated to the Sport Hunter Program established in section 10108, subsection 4, paragraph B.

§10904. Notice of suspension

     A decision by the commissioner to suspend a license of a person convicted or adjudicated of a violation that does not carry a mandatory suspension must be made within 60 days after that conviction. The commissioner shall give written notice of all suspensions immediately following a decision to suspend. A notice of suspension must name the license or permit that is suspended and state the effective date and length of the suspension and must inform the person of any applicable hearing provisions under section 10905.

§10905. Hearings

     Except as provided in section 10903, subsection 1, a person receiving a notice of suspension under section 10904 may request a hearing on that suspension. A request for a hearing must be in writing and must be made not later than 30 days after receipt of the suspension notice required under section 10903. The commissioner shall notify the person of the date and location of the hearing.

     1. Evidence. A person may present evidence at a hearing concerning the violation that might justify reinstatement of the license or permit or the reduction of the suspension period. If the petitioner denies any of the facts contained in the record, the petitioner has the burden of proof.

     2. Decisions. Decisions of the commissioner must be in writing. Except as provided in subsection 3, the commissioner may reinstate the license or permit or reduce the suspension period if the commissioner finds that the person has not been convicted or adjudicated or that reinstatement of the license or permit or reduction of the suspension period would be in the best interests of justice.

     3. Mandatory suspension period not waived. The commissioner may not waive or reduce a mandatory minimum suspension period established in statute except upon determination by the commissioner that an inappropriate action contributed to or resulted in that suspension.

§10906.   Violation of suspended or revoked license or permit

     While a person's license or permit is under suspension or revocation under this Part, a person may not engage in the particular activity permitted by the license or permit that has been suspended or revoked.

§10907.   Obtaining suspended or revoked license or permit

     A person may not obtain or attempt to obtain any license or permit that has been suspended or revoked by the commissioner under this Part.

§10908. Guide license revocation

     1. Conditions for revocation. The commissioner may suspend or revoke a guide license pursuant to this subchapter and Title 5, section 10004. The commissioner may revoke, suspend, refuse to issue or refuse to renew a guide license or the District Court may revoke or suspend a guide license:

     2. Mandatory revocation. The commissioner shall revoke for a period of 3 years the guides license of a guide who is convicted of violating a provision of this Part punishable by a mandatory fine of not less than $1,000 and at least 3 days in jail. The commissioner shall provide notice of revocation as provided in section 10904. A person whose license has been revoked under this subsection may, within 30 days of the effective date of the revocation, petition the commissioner for a hearing to show cause why the license should not have been revoked. If, after the hearing, the commissioner finds that the person has not been convicted or that the conditions of this subsection do not apply, the revocation is rescinded. If the commissioner finds that the person has been convicted and that the conditions of this subsection apply, the revocation remains in effect.

§10909.   Taxidermists and dealers in furs; suspension of license

     The commissioner shall investigate or cause to be investigated all complaints made to the department and all cases of noncompliance with or violation of sections 12952 and 12953 and this section. A person may register a complaint of fraud, deceit, gross negligence, incompetency or misconduct against any licensee. The complaint must be in writing, be sworn to by the person making it and filed with the department.

     1. Disciplinary action. The commissioner may suspend or revoke a license pursuant to this subchapter and Title 5, section 10004. The commissioner may refuse to issue or renew a license or the District Court may revoke, suspend or refuse to renew a license for any one of the following causes:

     2. Reissue of license. The commissioner may reissue a license to any former licensee whose license has been revoked.

     3. Hearings. Hearings may be conducted by the commissioner to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license or as otherwise necessary to implement the provisions of this section and sections 12952 and 12953. The commissioner shall hold an adjudicatory hearing at the written request of a person who has been denied a license without a hearing for any reason other than failure to pay a required fee, as long as the request for hearing is received by the commissioner within 30 days of the applicant's receipt of written notice of the denial of the application, the reasons for the denial and the right to request a hearing. Hearings must be conducted in conformity with Title 5, chapter 375, subchapter 4, to the extent applicable. The commissioner may subpoena witnesses, records and documents in any hearing the commissioner conducts.

     4. Terms of revocation of license. A person whose license has been revoked under this section may not apply for a new license for a minimum of 3 years.

§10910.   Operator's license to carry passengers for hire; suspension

     1. Suspension. The commissioner may initiate proceedings in the District Court to suspend the operator's license of an operator of a motorboat carrying passengers for hire under the following conditions:

     2. Exception. This section does not apply to any person who operates a watercraft in connection with a boys or girls camp located in this State and licensed by the Department of Human Services or located in another state and licensed in a similar manner in that state.

CHAPTER 915
HUNTING: SEASONS, REQUIREMENTS AND RESTRICTIONS
SUBCHAPTER 1
GENERAL HUNTING SEASON PROVISIONS

§10951. Closed season

     1. General; prohibition. Except as otherwise provided in this Part and except as the commissioner may establish by rule not inconsistent with this Part, there is a perpetually closed season on hunting any wild animal or wild bird.

§10952.   Open seasons for hunting with bow and arrow

     A person may, except as otherwise provided in this Part, hunt any wild bird or wild animal with a hand-held bow and arrow during any open season on that bird or animal.

SUBCHAPTER 2
HUNTING LICENSE REQUIREMENTS AND FEES

§11101. Application and issuance

     A resident or nonresident may apply for and the commissioner or the commissioner's authorized agent may issue a written license to hunt wild animals and wild birds.

§11102.    Age limitation for hunting with weapon; prohibition

     A person under 10 years of age may not hunt wild animals or wild birds with firearms, bow and arrow or a muzzle-loader.

§11103. Convicted felon

     A person who is prohibited from possessing a firearm under Title 15, section 393, subsection 1 is not eligible 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.

§11104. Mental deficiency or illness; prohibition

     A hunting license may not be issued to a person who is a mentally ill person, as defined in Title 34-B, section 3801, or who has a mental deficiency or mental illness, as those terms are defined in Title 34-B, section 9002.

§11105. Safety course

     1. Hunter safety course requirements. A person who applies for a Maine license to hunt with firearms other than a juvenile license must submit proof of having successfully completed a hunter safety course as provided in section 10108 or an equivalent hunter safety course or satisfactory evidence of having previously held an adult license to hunt with firearms in this State or any other state, province or country in any year beginning with 1976.

When proof of competency can not otherwise be provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult hunting license or that the applicant has successfully completed the required hunter safety course.
§11106. Eligibility for archery hunting license

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

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

When proof or evidence can not be otherwise provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult archery hunting license or has successfully completed the required archery hunter education course.
§11107. Eligibility for hunting with muzzle-loader

     This section governs eligibility for hunting with a muzzle-loader.

     1. Big game license. A person 16 years of age or older at the beginning of the special season established under section 11404, subsection 1 may obtain a muzzle-loading license from the commissioner or the commissioner's authorized agent if the person possesses a valid license to hunt big game with firearms.

     2. Junior license. A person 10 years of age or older and under 16 years of age may obtain a muzzle-loading license from the commissioner or the commissioner's authorized agent if the person possesses a valid junior hunting license.

§11108. Landowners and junior hunters

     1. Hunting without license. Notwithstanding section 11109, subsection 1 as it applies to this subchapter, a resident over 10 years of age and a member of the resident's immediate family over 10 years of age, as long as the hunter's license to hunt is not under suspension or revocation, may hunt without a license, including an archery hunting license and a muzzle-loading license, on a single plot of land:

     2. Junior hunters. A resident or nonresident hunter 10 years of age or older and under 16 years of age may hunt with firearms only in the presence of:

A hunter who is 16 years of age and who is hunting with a junior hunting license must complete a hunter safety course prior to hunting without the adult supervision required by this section.

     3. Allowing junior hunter to hunt without adult supervision. A person who is the adult supervisor, parent or guardian of a holder of a junior hunting license under 16 years of age, may not allow that junior hunter to hunt other than in the presence of, and under the supervision of, an adult as provided in subsection 2.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise provided.

     4. Expiration of junior hunting license. A junior hunting license issued to a person who has passed that person's 15th birthday is valid through the calendar year for which the license is issued. All other permit requirements for a person who is 16 years of age or older apply to a person who continues to hunt with a junior hunting license.

     For the purposes of this section, "in the presence of" means in visual and voice contact without the use of visual or audio enhancement devices, including binoculars and citizen band radios.

§11109. Licenses and fees

     1. License required. Except as otherwise authorized pursuant to this Part, a person may not engage in an activity for which a license may be issued under this section unless that person has a valid license 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. Hunting licenses; agent's fee. Clerks or other agents appointed by the commissioner to issue licenses and permits shall charge a fee of $2 for each hunting license issued. The commissioner shall charge a fee of $1 for each hunting license issued by department employees.

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

     4. Muzzle-loading license; issuance and agent's fee. The commissioner, through the commissioner's agent, shall issue muzzle-loading licenses to eligible persons. The issuing agent shall charge a fee of $1 for each license issued.

     5. Muzzle-loading licenses and fees. Muzzle-loading hunting licenses and fees are as follows:

     6. Issuance of archery hunting license; agent's fee. Clerks or other agents appointed by the commissioner to issue archery hunting licenses must charge a fee of $1 for each archery hunting license issued. The commissioner shall charge a fee of $1 for each archery hunting license issued by department employees.

     7. Archery hunting licenses; combination licenses; fees. Archery hunting licenses, combination licenses and fees are as follows:

SUBCHAPTER 3
HUNTING PERMIT REQUIREMENTS AND FEES

§11151. Bear hunting permit

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt for bear without a permit from the first Monday preceding September 1st to the day preceding the open firearm season on deer. This section does not apply to trapping for bear.

Each day a person violates this subsection that person commits a Class E crime for which a minimum of $50 and an amount equal to twice the applicable license fee must be imposed.

     2. Eligibility; big game license required. A person who possesses a valid license to hunt big game may obtain a permit to hunt for bear from the commissioner or an authorized agent.

     3. Issuance; permit fee. The commissioner, through the commissioner's authorized agent, shall issue a bear hunting permit to an eligible person. The annual fee for each permit issued is $25 for residents and $65 for nonresidents.

§11152.   Antlerless deer; regulation and authority to issue permits

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt antlerless deer as authorized in this section unless that person has a valid permit issued under this section.

     2. Authority to regulate taking of antlerless deer. The commissioner may regulate the taking of antlerless deer within an area of the State, as necessary to maintain deer populations in balance with available habitat if the following conditions are met.

     3. Rulemaking. The commissioner may adopt rules necessary for the administration, implementation, enforcement and interpretation of this section, except that there may not be an antlerless deer permit system unless otherwise specified in this section. Rules adopted by the commissioner that provide for permits to be issued to nonresident or alien hunters must provide that:

     4. Landowner consideration. An antlerless deer permit system adopted by the commissioner pursuant to this section may include a provision giving special consideration to landowners who keep their lands open to hunting by the public. Any 2 or more areas of land owned by the same person that are open for hunting and that would be contiguous except for being divided by one or more roads are considered contiguous for the purposes of determining landowner eligibility for special consideration under this subsection.

     5. Junior hunter and senior hunter permit transfers. A junior hunter or a person 65 years of age or older may take an antlerless deer, if a person who holds a valid antlerless deer permit transfers the permit to the junior hunter or person 65 years of age or older by identifying the name, age and address of the transferee on the permit as well as any other information reasonably requested by the commissioner and then returns the permit to the department prior to the start of the firearm season on deer. The commissioner shall record the transfer and return the permit to the junior hunter or person 65 years of age or older. A valid permit must be in the possession of the transferee in order for the transferee to take an antlerless deer. If a person transfers the permit to the junior hunter or person 65 years of age or older, that person is prohibited from taking an antlerless deer.

§11153. Special season deer permits; fees

     1. Special season deer hunting permits; authority to issue for special season. The commissioner may implement a permit system to regulate hunter participation in a special season established by the commissioner pursuant to section 11402, subsection 4, paragraph B and the number, sex and age of deer harvested. If permits are issued, the fee for a deer permit other than an antlerless deer permit is $30 and the fee for an antlerless deer permit is $10.

     2. Prohibition. Except as otherwise authorized pursuant to this Part, a person may not hunt deer during a special season established under this section unless that person has a valid permit issued pursuant to this section.

§11154. Moose permit

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt moose 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 of moose hunting permits. In accordance with section 11552, the commissioner may issue moose hunting permits and may establish the number of moose hunting permits to be issued for each wildlife management district established by the commissioner by rule open to moose hunting. No more than 10% of the moose hunting permits may be issued to nonresident and alien hunters.

     3. Moose hunting permit fee. The fee for a moose hunting permit is $50 for a resident and $475 for a nonresident or alien.

     4. Big game hunting license required. While hunting moose both the permittee and subpermittee, may not fail to have a valid Maine resident, nonresident or alien big game hunting license, whichever is applicable.

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.

     5. Eligibility. Except as provided in this subsection, a resident, nonresident or alien who is eligible to obtain a Maine hunting license or who will be eligible to obtain a Maine hunting license by the opening day of the open moose season is eligible to apply for a moose hunting permit. A person who has obtained a moose hunting permit is ineligible to obtain another permit until 2 years have elapsed after the issuance of the last permit. This limitation does not apply to subpermittees under subsection 7.

     6. Application procedure. An eligible person wishing to apply for a permit must file a written application for a permit on a form furnished by the commissioner. The application fee may not be refunded. A person may file no more than one application. A person who submits more than one application is disqualified from the selection of permittees. The application must be accompanied by an application fee of:

     7. Subpermittees. An applicant for a moose permit may indicate on the application filed pursuant to subsection 6 the name of a subpermittee-designate and the name of an alternate subpermittee-designate. If the applicant is issued a moose permit under subsection 9, the subpermittee-designate becomes a subpermittee and the permittee may authorize the subpermittee to participate in the moose hunt with the permittee. The permittee may authorize the alternate subpermittee-designate to participate in the hunt in place of the subpermittee-designate if the permittee notifies the department of the authorization at least 5 business days prior to the first day of the moose season, in which case the alternate subpermittee-designate becomes the subpermittee. The permittee may choose not to authorize a subpermittee to participate in the hunt.

     8. Point system for public chance drawing. The department shall adopt rules to allow a person to accumulate one point for each consecutive year that person purchases an application for a moose hunting permit but is not selected to receive a permit. Each point entitles that applicant to one chance in the public chance drawing. A person's accumulated points are eliminated if, in any year, that person is selected to receive a permit or that person fails to purchase a new chance. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

     9. Selection procedure. Permittees are selected by a public chance drawing.

     10. Questionnaire. Each permittee shall complete a questionnaire, to be provided by the commissioner, and return this questionnaire to the commissioner within a period of 10 days after the close of the moose hunting season.

     11. Auction of moose hunting permits to fund youth conservation education programs. Notwithstanding subsection 1, the commissioner may issue not more than 5 moose hunting permits each year through public auction in accordance with this subsection.

     12. Persons in armed forces called to serve in armed conflict. A person who is issued a moose permit under this section and who is subsequently called to active duty in the Armed Forces of the United States to serve in an armed conflict and is unable to use the permit is entitled to use the same permit during the next appropriate season following that person's return to the State. Permits used under this subsection do not affect the number of permits that may be issued by the commissioner under this section. For purposes of this subsection, "armed conflict" means any military action in which participants are exposed to war-risk hazards as defined in 42 United States Code, Section 1711(b).

§11155. Wild turkey hunting permits

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt wild turkey 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 of wild turkey hunting permits. The percentage of total wild turkey permits issued to nonresident and alien hunters may not exceed the average percentage of applicants for wild turkey permits over the previous 3 years who were nonresidents and aliens and may not be more than 10% of the total wild turkey hunting permits issued statewide.

     3. Eligibility. When a public chance drawing is utilized to allocate permits, a resident, nonresident or alien who is eligible to obtain a Maine hunting license or who will be eligible to obtain a Maine hunting license by the opening day of the wild turkey hunting season is eligible to apply for a wild turkey hunting permit.

     4. Application procedure and fee. If wild turkey permits are issued by public chance drawing, persons wishing to apply for a permit must apply in a manner prescribed by the commissioner. The application must be accompanied by an application fee of $5 for residents and $10 for nonresidents and aliens. The application fee may not be refunded.

     5. Wild turkey hunting permit fee. The fee for a wild turkey hunting permit is $10 for residents and $40 for nonresidents and aliens.

     6. Transfer of turkey permits. A person who holds a valid wild turkey permit may transfer the permit to a junior hunter or to a person 65 years of age or older by identifying the name, age and address of the transferee on the permit as well as any other information reasonably requested by the commissioner and then returning the permit to the department prior to the start of the turkey season. The commissioner shall record the transfer and return the permit to the junior hunter or person 65 years of age or older. A valid permit must be in the possession of the transferee in order for the transferee to hunt turkey.

     7. Landowner; wild turkey permit. A wild turkey permit system adopted by the commissioner pursuant to subchapter 8 may include a provision giving special consideration to landowners who keep their lands open to hunting by the public. Any 2 or more areas of land owned by the same person that are open for hunting and that would be contiguous except for being divided by one or more roads are considered contiguous for the purposes of determining landowner eligibility for special consideration under this subsection.

     8. Big game license required. While hunting turkey, a resident, nonresident or alien hunter must be in possession of a valid resident, nonresident or alien big game hunting license, as applicable. 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.

§11156. Pheasant hunting permit

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt pheasant in Cumberland County or York County 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. Rules. The commissioner may adopt rules necessary for the proper administration, enforcement and interpretation of this section.

     3. Issuance. The commissioner or the commissioner's authorized agent may issue a pheasant hunting permit to an applicant 16 years of age or older permitting the applicant to hunt or possess pheasants in Cumberland County and York County. A person under 16 years of age may hunt or possess pheasants in accordance with this Part, except that a person under 16 years of age is not required to purchase or carry a pheasant hunting permit in order to hunt or possess pheasants.

     4. Fee. The fee for a pheasant hunting permit is $16, $1 of which is retained by the commissioner's authorized agent.

§11157. Migratory waterfowl permit

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt migratory waterfowl unless that person has a valid permit issued pursuant to 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 of permit. The commissioner or the commissioner's authorized agent shall issue a migratory waterfowl hunting permit to an applicant 16 years of age or older permitting the applicant to hunt or possess migratory waterfowl. A person under 16 years of age may, without a permit, hunt or possess migratory waterfowl in accordance with this Part.

     3. Fee. The fee for a migratory waterfowl hunting permit is $5.50, 25¢ of which must be retained by the agent.

     4. Possession of valid permit; expiration date. The following restrictions apply to migratory waterfowl permits.

§11158. Migratory game bird certification

     1. Certification required; exception. A person may not hunt migratory game birds unless that person is certified under this section. This section does not apply to a resident of the State who is 70 years of age or older and who is issued a complimentary license pursuant to section 10853, subsection 1.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

     2. Eligibility. A resident of the State, nonresident or alien who is eligible to obtain a state hunting license is eligible to be certified to hunt migratory game birds.

     3. Certification procedure. An eligible person becomes certified to hunt migratory game birds when that person indicates on that person's hunting license at the time of purchase the intention to hunt migratory game birds during the calendar year for which the license is valid.

§11159. Falconry hunting permit

     1. Permit required. Except as otherwise authorized in this Part, a person may not engage in the practice of falconry 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. Eligibility. A person who possesses a valid hunting license is eligible to obtain a permit from the commissioner to engage in the practice of falconry.

     3. Issuance and fee. The commissioner shall issue permits to eligible persons to engage in the practice of falconry at a fee of $24.

     4. Rules. The commissioner may adopt rules necessary for the proper administration and enforcement of this section.

     5. Compliance with rules and regulations. Falconry hunting is subject to the following limitations.

§11160. Coyote night hunting permit

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not hunt coyote at night unless that person has a valid permit issued under this section. Each night 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. Eligibility; hunting license required. A person who possesses a valid hunting license is eligible to obtain a permit from the commissioner to hunt coyotes at night, except that a permit may not be issued to a person who has been convicted of a violation of section 11206 within 5 years of the date of application for the permit.

     3. Issuance. The commissioner shall issue a permit to hunt coyotes at night to eligible persons at a fee of $2.

SUBCHAPTER 4
GENERAL UNLAWFUL ACTS PERTAINING TO HUNTING

§11201. Hunting during closed season

     A person may not hunt any wild animal or wild bird during the closed season or possess any wild animal or wild bird taken during the closed season on that wild animal or wild bird. Except as otherwise provided in this section, a person who violates this section commits a Class E crime.

     A person who hunts or possesses a bear in violation of this section commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not to exceed 180 days; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

     A person who hunts or possesses a deer in violation of this section commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may suspended.

§11202. Unity Utilities District; closed season

     There is a perpetually closed season on all wild animals and wild birds on property owned by the Unity Utilities District located on Route 139 and Prairie Road in the municipality of Unity in Waldo County.

§11203. Hunter orange clothing

     1. Hunter orange required. A person may not hunt with firearms during the open firearm season on deer unless that person is wearing 2 articles of hunter orange clothing that are in good, serviceable condition and visible from all sides, except that a person hunting waterfowl from a boat or blind or in conjunction with waterfowl decoys is not required to wear hunter orange clothing. One article of clothing must be a solid-colored hunter orange hat. The other article of clothing must cover a major portion of the torso, such as a jacket, vest, coat or poncho, and must be a minimum of 50% hunter orange in color. The presence of a decal on an article of clothing that is otherwise solid-colored hunter orange does not disqualify that article of clothing from satisfying the requirements of this subsection.

     2. Penalty. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§11204. Criminal trespass

     A person may not possess a wild animal or wild bird taken while criminally trespassing as described in Title 17-A, section 402, except as otherwise provided in this Part. A person who violates this section commits a Class E crime.

§11205. Hunting on Sunday

     1. Prohibition. A person may not:

A person who violates this subsection commits a Class E crime.
§11206. Night hunting

     1. Prohibition. A person may not:

A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended.
§11207. Twilight hunting

     1. Prohibition. Except for raccoons as provided in this Part, a person may not:

§11208. Unlawful shooting or discharge of firearm

     1. Shooting or discharge of firearm over or near public paved way. A person may not:

This subsection does not prohibit a person who has a valid permit to carry a concealed weapon from possessing that weapon on or near a public paved way as long as it is not used for shooting at wild animals or wild birds or discharged in violation of this subsection. A person who violates this subsection commits a Class E crime.
§11209. Discharge of firearm near dwelling

     1. Prohibition. A person may not:

This subsection may not be construed to prohibit a person from killing or taking a wild animal in accordance with sections 12401 and 12402.
A person who violates this subsection commits a Class E crime.
§11210. Shooting domestic animals

     Except as provided in section 12404, subsection 6, paragraph C, a person may not, while on a hunting trip or in the pursuit of wild animals or wild birds, intentionally, knowingly, recklessly or negligently shoot and wound or kill any domestic animal, including, but not limited to, a dog, cat or domestic bird. A person who violates this section commits a Class E crime.

§11211. Unlawful use of firearm in Southport

     A person may not use any firearm other than a shotgun in the Town of Southport or the islands within the confines of the Town of Southport. A person who violates this section commits a civil violation for which a forfeiture of not more than $100 nor less than $500 may be adjudged, unless otherwise specified.

§11212. Motor vehicles and motorboats

     1. Prohibition. The following provisions apply to shooting from a motor vehicle or motorboat or possessing a loaded firearm in a motor vehicle.

§11213. Shooting at or near wildfowl decoys

     1. Prohibition. A person may not with a firearm:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.
§11214.   Unlawful use or possession of implements or aids

     1. Prohibition. A person may not:

§11215.   Use of motorized vehicle to kill, injure or molest wild animals or wild birds

     A person may not intentionally kill, injure or molest a wild animal or wild bird with a motor vehicle, motorboat or aircraft.

     A person who violates this section commits a Class E crime.

§11216. Hunting with aid of aircraft

     1. Prohibition on use of aircraft to hunt. A person on the ground or airborne may not use an aircraft to aid or assist in hunting:

     2. Penalties. The following penalties apply to this section.

§11217.   Buying and selling wild animals and wild birds

     1. Prohibition against buying and selling bear, deer, moose or wild turkey. Except as provided in subsection 2, a person may not:

     2. Exception. A person may sell:

     3. Prohibition regarding selling of wild birds. A person may not sell or possess for sale a wild bird, except as provided in this Part. A person may sell the plumage of lawfully taken wild birds if that sale does not violate regulations of the federal Migratory Bird Treaty Act.

     4. Penalty. A person who violates this section commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment of not less than 10 days for the first offense, none of which may be suspended, and not less than 20 days for each succeeding offense, none of which may be suspended. The court also shall impose a fine of not less than $1,000, none of which may be suspended.

§11218. Game fees

     A person may not charge any fee for access to land if the fee is contingent upon the taking of game on the land or directly related to the taking of game on the land unless the land is an authorized commercial shooting area licensed under section 12101. This section does not apply to:

     1. Gate fees. Gate fees or other access fees that are unrelated to the taking of game;

     2. Guiding fees. Fees charged by licensed guides or other fees that are unrelated to access to land; or

     3. Fees for placing bear bait. Fees that are directly related to the placing of bear bait on land.

     A person who violates this section commits a Class E crime.

§11219. Hunting on state game farm

     A person may not hunt on a state game farm at any time. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

§11220. Hunting in licensed wildlife exhibit

     A person may not hunt in a licensed wildlife exhibit at any time. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

§11221. Disposal of offal; littering

     A person may not drop, deposit, discard, dump or otherwise dispose of a carcass, waste parts or remains of a wild animal, except waste parts or remains resulting from the normal field dressing of lawfully harvested wild game or the lawful use of waste parts or remains of wild game as bait.

     A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. Additionally, a person who violates this section violates the Maine Litter Control Act, Title 17, chapter 80 and is subject to the penalties set forth in that Act.

§11222. Target identification while hunting

     1. Findings. Due to the large numbers of Maine citizens and visitors engaged in hunting in the State's woods during hunting season, the continued decline of unpopulated areas through the State, the widespread use of powerful weapons in the pursuit of wild animals and wild birds and the growing presence of nonhunters engaged in nonhunting activities in the State's woods during hunting season, the Legislature finds that a sufficient risk of serious bodily injury or death to human beings is posed to make it necessary and prudent to provide guidance to those in pursuit of wild animals and wild birds on the matter of proper target identification.

     2. Target identification. While hunting, a hunter may not shoot at a target without, at that point in time, being certain that it is the wild animal or wild bird sought.

     3. Penalty. A person who violates subsection 2 commits a Class E crime.

§11223.    Aid to injured person and reporting hunting accident

     1. Duty. A person who knows or has reason to know that that person has inflicted injury or may have inflicted injury on another person by the use of a firearm or bow and arrow shall:

     2. Prohibition. A person may not fail to comply with the requirements of subsection 1.

     3. Penalty. A person who fails to aid an injured person or report a hunting accident in accordance with this section commits a Class C crime.

SUBCHAPTER 5
BEAR HUNTING
ARTICLE 1
BEAR SEASONS

§11251. Open and closed seasons

     1. Open season on bear; commissioner's authority. This subsection governs the open and closed seasons on bear.

ARTICLE 2
HUNTING METHODS SPECIFIC TO BEAR

§11301. Placing of bear bait

     1. Bear baiting. A person may not use bait to hunt or trap black bear, unless:

§11302. Hunting bear with dogs

     1. Limit on number of dogs. A person may not, while either hunting alone or hunting with other persons, use more than 4 dogs at any one time to hunt bear.

     2. Nonresidents hunting with dogs. A nonresident may not hunt bear with the use of a dog or dogs unless that nonresident employs and hunts with a resident Maine guide.

This subsection does not apply to nonresidents who hold a valid Maine guide license.
§11303. Hunting bear near dumps

     1. Dump demarcation. The commissioner, or the commissioner's agent, shall establish a line of demarcation at least 200 yards from sites permitted or licensed for the disposal of solid waste.

     2. Prohibition. A person may not hunt, trap, molest or harass a bear or release dogs for the purpose of hunting bear within the area described in subsection 1. The commissioner, or the commissioner's agent, is exempt from this prohibition for the purpose of live-trapping nuisance bears.

     3. Penalty. A person who violates subsection 2 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§11304.   Permission to harvest another person's bear

     A person may not, without the permission of the person conducting the hunt, kill or wound a bear that is treed or held at bay by another person's dog or dogs.

ARTICLE 3
POSSESSION OF BEAR

§11351. Bear bag limit

     1. Hunting or trapping bear after having killed one. A person may not hunt or trap bear after that person has killed or registered one during any open season. A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not to exceed 180 days; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

     2. Exceeding bag limit on bears. Except as otherwise provided, a person may not possess more than one bear in any calendar year. A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not to exceed 180 days; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

§11352. Bear tags and tagging bear

     1. Bear tags. The commissioner shall prescribe the form and content of a bear tag and produce a bear tag that is part of a big game hunting license.

     2. Prohibition. A person may not, prior to presenting a bear for registration, possess or leave in the field or forest a bear killed by that person that does not have securely attached to it and plainly visible a bear tag that conforms to the requirements of subsection 1.

     3. Penalty. A person who violates this section commits a civil violation for which a forfeiture of not more than $100 nor more than $500 may be adjudged.

§11353. Leaving harvested bear

     1. Prohibition. A person who kills a bear may not leave the bear without taking it with that person unless the person notifies a warden within 18 hours of the location of the bear and the circumstances necessitating leaving the bear.

     2. Penalty. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

§11354. Possessing gift bear

     Except as provided in section 12351, and notwithstanding section 12356, subsection 1, a person may not possess parts of a bear given to that person unless each part is plainly labeled with the name and address of the person:

     1. Person who registered. Who registered the bear;

     2. Recipient. To whom the part of the bear was given; or

     3. Transporter. Who transports the part or parts of the bear, if that person is a 3rd party.

     A person who violates this section commits a Class E crime.

SUBCHAPTER 6
DEER HUNTING
ARTICLE 1
DEER SEASONS

§11401. Open and closed seasons for deer

     1. Open and closed seasons. This subsection applies to open and closed seasons for deer.

§11402. Special regulations

     1. Vinalhaven; open season. There is an open season on deer in the Town of Vinalhaven, and the islands within the confines of the Town of Vinalhaven, to conform with the open season on deer for Knox County.

     2. Southport; open season. There is an open season on deer in the Town of Southport, and the islands within the confines of the Town of Southport, to conform with the open season on deer in Lincoln County.

     3. Closed season. Except as provided by rule pursuant to subsection 4, there is a continual closed season on deer in the following places:

     4. Rule. The commissioner by rule may:

Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§11403. Archery-only deer hunting season

     1. License required. Except as provided in section 11108, subsection 1 or otherwise authorized by this Part, a person 16 years of age or older may not hunt deer with a bow and arrow during the special open season on deer as provided under this section unless that person has a valid archery hunting license.

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. Open archery season on deer. The commissioner shall by rule establish a special archery season beginning at least 30 days prior and extending to the beginning of the regular deer hunting season, as described in section 11401, subsection 1, paragraph A, for the purpose of hunting deer with bow and arrow only. During the special archery season on deer, the following restrictions apply.

§11404. Muzzle-loading-only deer hunting season

     1. Muzzle-loading-only open season on deer. There is a special muzzle-loading open season on deer immediately following the regular deer hunting season established under section 11401, subsection 1, paragraph A for the purpose of hunting deer only with muzzle-loading firearms as defined in section 10001, subsection 42. The commissioner may terminate this open season at any time in an area if, in the commissioner's opinion, an immediate emergency action is necessary due to adverse weather conditions or severe hunting pressure. The length of the special muzzle-loading season is as follows.

     2. Applicability of laws. The following provisions apply during the muzzle-loading open season.

ARTICLE 2
HUNTING METHODS SPECIFIC TO DEER

§11451.    Hunting deer with unconventional weapon; license

     1. License required. Except as otherwise authorized in this Part, a person may not hunt deer with an unconventional weapon unless that person has a valid license 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; eligibility. The commissioner shall issue to an eligible person a license to hunt deer with an unconventional weapon during any open season on deer. A license issued pursuant to this section is valid for only one type of unconventional weapon and must specify that type of weapon on the license.

     3. Eligibility. A person is eligible for a license to hunt deer with an unconventional weapon if that person:

A person who applies for a license to hunt deer with an unconventional weapon on the basis that the person has lost the use of both arms must submit a statement by a doctor licensed to practice medicine in the State verifying that the applicant has lost the use of both arms to the extent that it would be medically impossi-ble for that person to hunt with a conventional weapon.

     4. Schedule of fees. The schedule of fees for this license is the same schedule of fees for other licenses provided in section 11109 that allow the licensee to take deer, subject to a special privilege in section 10108, subsection 3 and section 10853.

     5. Applicability of laws. Except as provided in this section, those portions of this Part relating to deer are applicable to the taking of deer with a license issued under this section.

§11452. Baiting deer

     1. Unlawful baiting of deer. A person may not, during an open hunting season on deer:

§11453. Driving deer

     1. Unlawfully driving deer. A person may not participate in a hunt for deer during which an organized or planned effort is made to drive deer except that a group of 3 or fewer persons may hunt together as long as they do not use noisemaking devices.

     2. Penalty. A person who violates this section commits a Class E crime.

§11454.    Hunting deer with .22 caliber rimfire cartridge

     A person may not hunt deer with any firearms using a .22 caliber rimfire cartridge, except that the use of the .22 caliber rimfire magnum cartridge is not prohibited.

     A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

ARTICLE 3
POSSESSION OF DEER

§11501. Bag limit

     1. Exceeding bag limit. A person may not possess more than one deer during any open season, except as otherwise provided.

     2. Hunting deer after having killed one. A person may not hunt deer after that person has killed or registered one during the open season of that calendar year, except as otherwise provided.

     3. Penalty. A person who violates this section commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

§11502. Deer tags and tagging

     1. Deer tags. The commissioner shall prescribe the form and content of a deer tag and produce a deer tag that is part of a big game hunting license.

     2. Tagging deer. A person may not, prior to presenting a deer for registration, possess or leave in the fields or forests a deer killed by that person that does not have securely attached to it and plainly visible a deer tag that conforms to the requirements of subsection 1.

§11503. Gift deer

     Notwithstanding section 12356, a person may not possess a part or parts of a deer given to that person unless each separate part is plainly labeled with:

     1. Registration seal. The registration seal number; and

     2. Person who registered deer. The name and address of the person who registered the deer.

     3. Penalty. A person who violates this section commits a Class E crime.

     This section does not apply to a deer or parts of a deer being transported by a Maine licensed transportation company, including a common carrier, in accordance with other provisions of this Part.

SUBCHAPTER 7
MOOSE HUNTING
ARTICLE 1
COMMISSIONER'S AUTHORITY TO REGULATE MOOSE HUNTING AND TO SET HUNTING SEASONS AND AREAS

§11551. Commissioner authority regarding moose

     The commissioner may issue applications for moose hunting permits, issue permits and make all rules pertaining to moose hunting. The commissioner may make all other rules that the commissioner considers necessary for the protection of the moose resource.

§11552. Moose hunting areas

     1. Areas open to moose hunting. The commissioner may designate by rule areas of the State open to moose hunting.

     2. Moose management. To effectively manage the moose herd in the State, the commissioner may by rule establish:

     Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The commissioner shall report to the joint standing committee of the Legislature having jurisdiction over wildlife matters by February 1st of each year on proposed actions under this section.

ARTICLE 2
HUNTING METHODS SPECIFIC TO MOOSE

§11601. Unlawful hunting of moose

     1. Hunting with permittee. A person may not hunt moose with a permittee unless that person is a subpermittee authorized in accordance with this section.

     2. Presence of permittee. A subpermittee may not hunt moose if that subpermittee is not in the presence of the permittee while hunting moose. A subpermittee is not in the presence of a permittee if contact between the permittee and the subpermittee requires visual or audio enhancement devices, including binoculars or citizen band radios.

     3. One subpermittee. A permittee may not hunt moose with more than one authorized subpermittee.

     A person who violates this section commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

§11602. Driving moose

     A person may not participate in a hunt for moose during which an organized or planned effort is made to drive moose. A person who violates this section commits a Class E crime.

§11603. Unlawful firearms for hunting moose

     A person may not use a .22 caliber rimfire firearm or a shotgun using shot loads to hunt moose. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

§11604. Unlawful hunting methods

     A person may not use electronic calling devices while hunting moose. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

ARTICLE 3
POSSESSION OF MOOSE

§11651. Unlawful possession of moose

     A person may not possess a moose except in accordance with the provisions of sections 11154, 11217, 11601, 11652, 12302, 12305 and 12403.

§11652. Bag limits

     A person may not exceed the bag limit of one moose per permit holder. In the case of a permittee and a subpermittee, the permit allows one of them to take one moose. A person who violates this section commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

§11653. Tagging moose

     A person may not, prior to presenting a moose for registration, possess or leave in the fields or forests a moose that that person has killed that does not have securely attached to one of its hind legs, and plainly visible, the moose tag portion of the permit, bearing that person's full name and address. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§11654. Unlawful possession of gift moose

     1. Prohibition. A person may not, notwithstanding section 12356, possess a part or parts of a moose unless each separate part given to that person is plainly labeled with:

     2. Penalty. A person who violates this section commits a Class E crime.

SUBCHAPTER 8
WILD TURKEY HUNTING
ARTICLE 1
COMMISSIONER'S AUTHORITY TO REGULATE THE HUNTING OF WILD TURKEY; HUNTING LAWS

§11701.   Authority of commissioner; wild turkey hunting

     The commissioner may establish open seasons for hunting wild turkeys, designate areas that are open to the taking of wild turkeys in any part of the State, prescribe the form and regulate the number of permits to be issued, determine the number and sex of the birds to be harvested, establish bag limits, establish permit eligibility requirements, specify the types of weapons to be used during any open wild turkey hunting season and make any other rules that the commissioner considers necessary for the protection of the wild turkey resource.

§11702. Wild turkey hunting hours

     The legal hunting time, unless otherwise provided by rule of the commissioner, is 1/2 hour before sunrise to 11 a.m. each wild turkey hunting day.

ARTICLE 2
POSSESSION OF WILD TURKEYS

§11751. Unlawful possession of wild turkey

     1. Possession of wild turkeys. A person may not possess a wild turkey except in accordance with section 11155, subsections 1 to 6; sections 11701, 11702 and 12301; section 12304, subsection 3; and section 12305.

     2. Possession of wild turkey parts. A person may not, notwithstanding section 12356, subsection 1, possess any part or parts of a wild turkey, unless each part is plainly labeled with the name and address of the person who registered the wild turkey.

     3. Penalties. A person who violates subsection 1 commits a Class E crime for which the court shall impose a fine of not less than $500, none of which may be suspended. The court also shall impose a fine for $500 for each turkey unlawfully possessed, none of which may be suspended.

§11752. Tagging wild turkey

     A person may not, prior to presenting a wild turkey for registration, possess or leave in a field or forest a wild turkey that person killed that does not have securely attached and plainly visible the wild turkey tag portion of that person's permit bearing that person's full name and address. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

ARTICLE 3
HUNTING METHODS SPECIFIC TO WILD TURKEYS

§11801. Prohibited hunting methods

     1. Unlawful hunting of wild turkey. A person may not hunt wild turkeys, except in accordance with section 11155, subsections 1 to 6; sections 11701, 11702 and 12301; section 12304, subsection 3; and section 12305.

     2. Unlawful methods of hunting wild turkey. A person may not:

     3. Penalties. A person who violates subsection 1 commits a Class E crime for which the court shall impose a fine of not less than $500, none of which may be suspended. The court also shall impose a fine of $500 for each turkey unlawfully killed, none of which may be suspended.

SUBCHAPTER 9
GAME BIRD HUNTING

§11851. Hunting wild birds

     1. Unlawfully hunting wild birds. A person may not hunt a wild bird, other than the English or European house sparrow and the European starling, except as provided in this Part.

     2. Unlawful possession of wild birds. A person may not possess, alive or dead, a wild bird, other than the English or European house sparrow and the European starling, except as provided in this Part.

§11852. Reopening season

     Whenever a section of the State is closed to hunting by proclamation of the Governor during the open season on birds, the commissioner, after the proclamation has been annulled, with the consent of the Governor, may extend the open season for bird hunting in that section of the State for a period not to exceed the number of days lost.

§11853. Closed season; Haley Pond

     A person may not hunt waterfowl on Haley Pond in the Town of Rangeley and Dallas Plantation in the County of Franklin. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§11854. Nest or eggs of wild birds

     A person may not take, possess or needlessly destroy the nest or eggs of a wild bird, except the English or European house sparrow and the European starling. A person who violates this section commits a Class E crime.

§11855. Unlawful use of migratory game birds

     A person may not hunt, possess, transport, buy or sell migratory game bird, except in the manner and numbers, and by the means specifically permitted by regulations of the federal Migratory Bird Treaty Act, 16 United States Code, Sections 703 to 712, or by rules adopted by the commissioner in conformity with Title 5, Part 18, except section 8052, subsection 3 of that Title.

SUBCHAPTER 10
RACCOON HUNTING

§11901. Raccoons

     An open season for hunting raccoons established by the commissioner must be of uniform duration throughout the State.

SUBCHAPTER 11
HARE AND RABBIT HUNTING

§11951. Hunting hares and rabbits with dog

     A person may use a dog to hunt, or be accompanied by a dog while hunting, wild hares or rabbits during the open firearm season on deer.

§11952. Unlawful harvest of wild rabbits or hares

     1. Prohibition. A person may not:

SUBCHAPTER 12
COYOTE HUNTING

§12001. Seasons and restrictions

     1. Open season. Notwithstanding section 11206, an open season for hunting coyotes at night in all counties of the State from January 1st to April 30th is established.

     2. Night; hunting hours. All hunting is limited to the hours between 1/2 hour after sunset and 1/2 hour before sunrise and ceases at midnight each Saturday and may resume at 12:01 a.m. each Monday.

     3. Restrictions; calling devices required. A person may not hunt coyotes at night without possessing an electronic, hand-held or mouth-operated predator calling device.

SUBCHAPTER 13
HUNTING DOG TRAINING AND FIELD TRAINING

§12051. Training

     1. Open training season. Unless otherwise provided in this Part, a person may not train dogs on wild birds and wild animals except as follows.

A person who violates this subsection commits a Class E crime.

     2. Rock dove permits. Notwithstanding section 11158; section 11217, subsection 3; and sections 11851, 11854 and 11855, the commissioner may issue permits to persons licensed under section 12151 to take rock doves from the wild by the use of box traps or nets for the purpose of training sporting dogs pursuant to this section and section 12052, subsection 5.

     3. Possessing firearm while training dogs. A person may not possess a firearm while training a dog outside of the open training season on foxes, rabbits and raccoons as set out in subsection 1. A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     4. Unlawful use of firearm during training or field trials. Except as otherwise provided in this subsection, a person may not possess during the training or field trials permitted in this section and section 12054 a firearm other than a blank pistol or shotgun loaded with blank ammunition, except during an open season for hunting.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§12052. Special dog training area license

     1. License required. Except as otherwise authorized under this Part, a person may not engage in an activity authorized under this section unless that person has a valid license 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. Application and issuance. Upon application of a club or organization having 25 or more resident members, the commissioner may issue to the club or organization a license authorizing the following.

No more than 5 clubs in any one county may be issued a license.

     3. Fee. The fee for a special dog training area license is $25.

     4. Restrictions. The following provisions must be observed.

     5. Use of special dog training area other than by licensee. Unless the area is completely enclosed with rabbit-proof fence, a person not a licensee may train that person's own dogs or the dogs of other persons on a special dog training area under the following conditions.

Unless the special dog training area is completely enclosed by rabbit-proof fence, a licensee's failure to make reasonable provision for the use of that special dog training area by persons not licensees is sufficient grounds for the department to deny a renewal of license.

     6. Stocking by commissioner. The commissioner may, from time to time during each year, stock wild animals or wild birds at the special dog training area and shall charge the licensees a reasonable price for them.

     7. Stocking by licensee. This section is not to be construed as authorizing licensees to liberate a wild bird or quadruped coming from outside of the State on a special dog training area.

     8. Violation of license restriction. A person may not violate any restriction of a license or permit issued in accordance with this section. Each day a person violates a license or permit restriction under this section that person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12053. Unlawful use of licensed dog training area

     1. Unlawful use of licensed dog training area. The following provisions apply to licensed dog training areas.

§12054. Field trials; raccoon and rabbits

     1. Raccoon dog field trials. A person may hold raccoon dog field trials at any time.

     2. Rabbit hound field trials. A person may not hold field trials for beagles and other rabbit hounds except from September 1st through the following April 10th. A person who violates this subsection commits a Class E crime.

     3. Sporting dog field trials. The licensing and conduct of sporting dog field trials is governed by section 12055.

§12055. License to hold field trials; wild birds

     1. License required. A club or organization may not hold field trials as provided under this section unless the club or organization has a valid license 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. Application and issuance. Upon application of a club or organization, the commissioner may, at the commissioner's discretion, issue to the club or organization a license authorizing the following.

A separate application must be filed for each field trial proposed to be held by a club or organization, as described in this section.

     3. Fee. The fee for a license to hold field trials for sporting dogs is $25.

     4. Shooting hours and consent. Members of the licensee club or organization may not shoot and kill birds, unless it is during the daylight hours and only with the consent of the owner of or person having legal control of the land on which the field trial is held.

     5. Violation of restrictions. A person may not violate any restriction of a license or permit issued in accordance with this section. Each day a person violates a license or permit restriction under this section, that person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

SUBCHAPTER 14
COMMERCIAL SHOOTING AREAS

§12101.    License to operate commercial shooting area

     1. Issuance. The commissioner may issue licenses authorizing the establishment and operation of commercial shooting areas to qualified applicants. A commercial shooting area license authorizes the owner of a commercial shooting area to charge others for the opportunity to hunt mallard ducks, pheasants, quail, Chukar partridge and Hungarian partridge in that area. A commercial shooting area license is valid for one year and is renewable annually.

     2. Eligibility. In order to qualify for a commercial shooting area license:

A person is not eligible to receive a new shooting area license within 6 months of the expiration of the license for another shooting area located within 5 miles unless the holder of the expired license states in writing to the commissioner that that license will be abandoned.
A renewal of a shooting area license may be issued for a commercial shooting area within 5 miles of another commercial shooting area, notwithstanding paragraph A, as long as the renewed license is applied for within 6 months following the expiration of the old license.

     3. Fees. The fee for a commercial shooting area license is:

     4. Restrictions. The following restrictions apply to a commercial shooting area.

The operators of a commercial shooting area may not fail to meet the requirements of this subsection.

     5. Enforcement. Enforcement of the trespass laws of a commercial shooting area is the responsibility of the owner and may not in any manner be considered an obligation of the department.

     6. Exceptions. The following exceptions apply to a commercial shooting area.

§12102.    Importation permit for mallard ducks, quail, Chukar partridge and Hungarian partridge

     1. Issuance. The commissioner may grant permits to import live mallard ducks, quail, Chukar partridge and Hungarian partridge to operators of commercial shooting areas.

     2. Application. When requesting permission to import these birds, an importer shall:

SUBCHAPTER 15
WILDLIFE IMPORTATION AND POSSESSION
PERMITS AND REQUIREMENTS

§12151. Keeping wildlife in captivity

     A person may not keep wildlife in captivity except as provided under sections 10105, 12102, 12152, 12155, 12157, 12158 and 12202 and Title 7, section 1809 or except if the wild animal was purchased from a dealer or pet shop licensed under Title 7, section 3933. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12152. Permit to possess wildlife in captivity

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not engage in an activity for which a permit may be issued under this section 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. Affected species. Except as otherwise provided in this Part, this section applies to the possession of any wildlife regulated by the State that is held in captivity and to the importation of wildlife from an area outside the State, including:

     3. Issuance. The commissioner may issue a permit to a person permitting the possession and use of wildlife with the following exceptions.

     4. Fees. Permit fees are as follows:

     5. Rules. The commissioner may adopt rules necessary for the administration of this section, including provisions to ensure that all wildlife possessed under these permits receives humane treatment and proper husbandry and security, and to safeguard the interests of the wildlife and citizens of the State. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

     6. Additional permit requirements. In addition to the provisions adopted under subsection 3, the commissioner may assign permit conditions or requirements designed to mitigate potential impacts or risks that may arise from the possession of specific wildlife species or to ensure the humane treatment or proper husbandry for specific species.

§12153.   Violation of rules regarding wild animals in captivity

     A person who violates a rule regarding wild animals in captivity commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12154.    Department breeding or rearing wild birds

     Notwithstanding section 10606 as it applies to section 12152, section 10606 does not apply to migratory game birds, partridge, grouse or pheasant owned by the department.

§12155. Importation permit for wildlife

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not engage in an activity for which a permit may be issued under this section 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:

     3. Application. Each applicant for a permit to import wildlife into the State shall submit a written application in the form required by the commissioner. The application must be accompanied by a nonrefundable application fee of $25.

     4. Restrictions. A permit issued pursuant to this section does not authorize the permittee to import any species of live wild turkey, hybrid wild turkey or wild turkey-domestic turkey cross or the eggs of these species.

§12156.    Release of wild birds and wild animals 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 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.

     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.

§12157.    Permit to transport wildlife for breeding and advertising

     The commissioner may issue a permit to anyone permitting that person to take and transport within the limits of the State wildlife taken in the State for breeding or advertising purposes.

§12158. Importation permit for pheasants

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not import pheasants, alive, dead or dressed, 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 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 import pheasants, alive, dead or dressed.

     3. Application. Importers shall, when requesting a permit, provide the commissioner with the following:

     4. Restrictions; leg band required. Upon receipt of shipment, importers of ringneck pheasants shall attach securely to each bird a permanent leg band. This leg band must remain attached to the birds until they are finally prepared for consumption.

§12159.   Taking of snakes and turtles from the wild for commercial purposes

     1. Prohibition; penalty. Except as provided in this section, a person may not take and possess snakes or turtles from the wild for export, sale or commercial purposes. A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

     2. Commercial snapping turtle permit. Persons harvesting snapping turtles for purposes of resale are required to obtain a permit from the commissioner.

     3. Rules. The commissioner shall adopt rules pertaining to harvest methods, confinement and disposal of snapping turtles. The commissioner may by rule:

CHAPTER 917
TRAPPING
SUBCHAPTER 1
LICENSE REQUIREMENTS AND FEES

§12201. Trapping license

     1. License required. Except as otherwise authorized pursuant to this Part, a person may not trap unless that person has a valid license 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. Eligibility. The following persons are eligible to purchase a trapping license, subject to the provisions of subsection 3.

Nonresident aliens are not eligible to purchase a trapping license.

     3. Successful completion of trapper evaluation program required for license. A person who applies for a state license to trap, other than a junior license, must submit proof of having successfully completed an education course of the type described in section 10108, subsection 7 or satisfactory evidence of having previously held an adult license to trap in this State or any other state, province or country in any year beginning with 1978.

When proof or evidence can not otherwise be provided, the person may substitute a signed affidavit that that person has previously held the required adult trapping license or that that person has successfully completed the required trapper education course.

     4. Issuance. The commissioner, or the commissioner's agent, may issue a license to engage in trapping. Clerks or other agents appointed by the commissioner shall charge a fee of $2 for each trapping license issued. The commissioner shall charge a fee of $1 for each trapping license issued by department employees.

     5. Expiration. All licenses issued under this section are valid for one year commencing July 1st of each year.

A resident junior trapping license issued to a person who has passed that person's 15th birthday is valid through the year for which the license was issued.

     6. Trapping fees. The fees for trapping licenses are as follows:

     7. Supervision of junior trappers. The following provisions must be observed.

     8. License violations. Each day a person violates a restriction of a license issued under this section, that person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12202. Trapping by landowner

     A resident and a member of the resident's immediate family, as long as the trapper's license to trap is not under suspension or revocation, may trap for wild animals, except beaver, without a trapping license issued under section 12201 on land:

     1. Possession. To which they are legally entitled to possession;

     2. Domiciled. On which they are actually domiciled; and

     3. Agricultural purposes. That is used exclusively for agricultural purposes.

§12203. Trapping by agents of commissioner

     A person, except a full-time department employee, serving as an agent of the commissioner for purposes of animal damage control, including animal control officers appointed pursuant to Title 7, section 3947, must satisfy the licensing requirements of section 12201 prior to trapping or attempting to trap a wild animal.

SUBCHAPTER 2
TRAPPING SEASON, REQUIREMENTS AND RESTRICTIONS

§12251. Open and closed seasons

     1. General. Except as otherwise provided in this Part and except as the commissioner may establish by rule that is not inconsistent with this chapter, there is a perpetual closed season on trapping any wild animal or wild bird.

     2. Unity Utilities District. There is a continued closed season on all wild animals and wild birds on property owned by the Unity Utilities District located on Route 139 and Prairie Road in the municipality of Unity in Waldo County.

     3. Closed season violation. A person may not trap, or attempt to trap, any wild animal or wild bird during the closed season or possess any wild animal or wild bird taken during the closed season on that wild animal or wild bird.

§12252. Unlawful trapping methods

     1. Unlawfully rigging traps. A person may not use auxiliary teeth on any leg-hold trap set on land.

     2. Use or possession of prohibited implements or aids. A person may not:

     3. Use of pole traps. A person may not use or set any steel trap on the top of a pole, constituting a device commonly known as a "pole trap" for the purposes of catching any wild bird.

§12253. Consent to trap

     1. Trapping without written consent. A person may not, without first obtaining the written consent of the landowner or occupant, trap any wild animal on land in any organized or incorporated place or on the cultivated or pasture area of land that is used for agricultural purposes in any unorganized place and on which land there is an occupied dwelling. The provisions of this subsection do not apply to:

     2. Trapping near occupied dwelling without written consent. A person may not trap any wild animal within 200 yards of an occupied dwelling without first obtaining the written consent of the owner or occupant of the land on which the trap is to be set. The provisions of this subsection do not apply to beaver trapping or trapping with drowning sets on state-owned land or public rights-of-way.

     3. Trapping near compact, built-up portion of city or village. A person may not trap outside that person's land within 1/2 mile of the compact, built-up portion of a city or village, except:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     4. Proof of ownership of land. Before any prosecution is made under subsection 1 or 2, the landowner or occupant shall prove that landowner's ownership or that occupant's occupancy of the land in question.

     5. Permission to trap on land of another. This section may not be construed to give license or permission to set, place or tend traps on property that is owned by another person.

§12254. Labeling traps

     A person may not set a trap for any wild animal without having the trap plainly labeled with that person's full name and address. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged unless otherwise specified.

§12255. Tending traps

     1. Failure to visit traps. A person may not:

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.

     2. Failure to remove animal from trap. A person may not fail to remove or cause to be removed from that person's trap an animal found caught in that trap.

     3. Carrying a firearm while trapping. Notwithstanding section 11205, subsection 1, paragraph A and section 11206, subsection 1, paragraphs A and B, a person who holds a valid trapping license may carry a firearm at any time during the open trapping season for the sole purpose of dispatching trapped animals.

§12256. Disturbing traps of another

     A person may not disturb or take a trap or a wild animal from a trap, other than that person's own trap, without the consent of the owner of the trap, except that a landowner or occupant of land that the landowner or occupant is legally entitled to possess may remove any trap found on the land if permission has not been granted under section 12253, subsection 1 or 2 or the person has not obtained a written permit from the landowner to trap on that landowner's land with cage-type live traps within 1/2 mile of a built-up portion of a city or village.

     A person who violates this section commits a Class E crime.

§12257.    Trapping by certain department employees

     A department biologist or warden may not trap wild animals for profit while on duty within the district to which that person is assigned. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12258. Eel permit for licensed trappers

     1. Issuance. The commissioner may issue a permit to any licensed trapper to take eels for baiting traps.

     2. Restrictions. A licensed trapper with an eel permit may not take more than 20 pounds of eels annually, by eel pots or hook and line only, for use in baiting traps.

     3. Penalty. Each day a person violates a restriction of a permit issued in accordance with this section, that person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12259. Trapping beaver

     1. Snares. A person may use snares to trap for beaver during the open beaver trapping season.

     2. Rules. All rules adopted pursuant to section 10104, subsection 1 pertaining to the trapping of beaver with killer-type traps also apply to the trapping of beaver with snares.

     3. Nonresident trapping beaver. A nonresident may not trap beaver in this State.

§12260. Trapping bear

     1. Open and closed season. There is an open season on trapping bear from September 1st to October 31st annually.

     2. Unlawful trapping of bear. A person may not catch a bear in a trap and cause or allow another person to kill or register that bear.

     3. Setting bear traps. Setting traps for bear is governed by this subsection.

     4. Trapping bear after having killed one. A person may not trap a bear after that person has killed or registered one during any open season. A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not too exceed 180 days and a fine of not less than $1,000, none of which may be suspended.

     5. Exceeding bag limit on bears. A person may not possess more than one bear in any calendar year. A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment not too exceed 180 days and a fine of not less than $1,000, none of which may be suspended.

     6. Trapping bear near dumps. Trapping bear near dumps is governed by this subsection.

CHAPTER 919
REGISTRATION AND TRANSPORT OF HARVESTED ANIMALS
SUBCHAPTER 1
REGISTRATION

§12301. Registration of harvested animals

     1. Registration stations established. The commissioner shall:

     2. Agents designated; bear, deer or moose. An agent designated by the commissioner must be in charge of each bear, deer or moose registration station.

     3. Agent duties. Registration agents shall:

     4. Lists; bear and deer. A list of bear registration stations and deer registration stations must be published in one or more daily newspapers of the State.

§12302.    Timely registration of bear, deer, moose or wild turkey

     1. Prohibition. A person who kills any of the following animals may not fail to present that animal for registration in that person's name at the first open registration station for that animal on the route taken by that person:

§12303.    Time limits for registering bear, deer, moose or wild turkey

     1. Bear. A person may not keep an unregistered bear at home or any place of storage except for more than 18 hours unless it is kept in an official bear registration station, except a person on a hunting trip in an unorganized township and staying at a temporary place of lodging may keep an unregistered bear at that temporary place of lodging for a period not to exceed 7 days or until that person leaves the woods, whichever comes first.

     2. Deer. A person may not keep an unregistered deer at home or any place of storage for more than 18 hours unless it is kept in an official deer registration station. If a person is on a hunting trip in an unorganized township and staying at a temporary place of lodging, that person may keep an unregistered deer at that temporary place of lodging for a period not to exceed 7 days or until that person leaves the woods, whichever comes first. A person may leave an unregistered deer in the woods if that person notifies a game warden within 18 hours as to the location of the deer and the circumstances necessitating leaving the deer in the woods.

     3. Moose. A person may not keep an unregistered moose at home or any place of storage for more than 18 hours unless it is kept in an official moose registration station or at the office of a game warden. A person may leave an unregistered moose in the woods if that person notifies a game warden within 18 hours as to the location of the moose and the circumstances necessitating leaving the moose in the woods.

     4. Wild turkey. A person may not keep an unregistered wild turkey at home or any place of storage for more than 12 hours unless it is kept in an official wild turkey registration station or at the office of a game warden.

§12304.    Condition of animal presented for registration

     A person may not present the following animals for registration unless that animal is presented in its entirety, except:

     1. Bear. For bear, the viscera and rib cage may be removed, and the bear may be dismembered for ease of transportation, but the bear must be field dressed in a manner that permits determination of the sex of the animal;

     2. Moose. For moose, the viscera, rib cage, lower legs, head and hide may be removed and the animal may be dismembered for ease of transportation, but evidence of gender must remain attached to at least one part of the dressed animal. If the head is not brought to the registration station, a canine tooth or the lower jaw also must be presented at the time of registration. Any parts not presented for registration must be placed where they are not visible to a person traveling on a public or private way; or

     3. Wild turkey. For wild turkey, the viscera may be removed.

§12305.    False registration of bear, deer, moose or wild turkey

     1. Prohibition. A person may not present for registration or allow to be registered in that person's name any of the following animals that that person did not lawfully kill:

§12306.    Possessing unregistered bear, deer, moose or wild turkey

     1. Prohibition. A person may not possess any of the following animals if that animal has not been legally registered as provided in sections 12301 and 12304, unless that animal is possessed in accordance with chapter 921:

     2. Penalties. A person who possesses a:

SUBCHAPTER 2
TRANSPORTATION

§12351. Transportation by residents

     A resident may transport home any wild animal or wild bird that that resident has killed and that is legally possessed, as long as that resident is properly licensed and has met all other requirements of this Part. A resident may have any lawfully harvested wild animal or wild bird transported to a location other than that person's home without accompanying the wild animal or wild bird by obtaining a transportation permit from any game warden. There is no fee for a permit issued under this section.

§12352. Transportation by nonresidents

     A nonresident may transport to that person's home any lawfully harvested wild animal or wild bird. A nonresident may have transported to that person's home by another individual or common carrier any wild animal or wild bird that that nonresident has lawfully harvested, as long as that person has obtained a transportation permit from any game warden and has met all the other requirements of this Part. There is no fee for a permit issued under this section.

§12353. Method of transportation

     Any wild animal or wild bird transported or offered for transportation must be open to view and accompanied by the person who killed that animal or bird, except that a wild animal or wild bird transported for nonresidents by common carrier need not be accompanied by the owner if all other requirements of this Part have been met.

§12354. Common carriers

     A common carrier accepting any wild animal or wild bird for transportation shall:

     1. Check license. Be satisfied that the person presenting that animal or bird for shipment is the person to whom the hunter's license offered for inspection was issued;

     2. Affix tags. Securely affix any tags and identification required by this chapter; and

     3. Make returns. Make such returns to the commissioner as the commissioner may require.

§12355.    Unlawful transportation of wild animal or wild bird

     1. Transport. A person may not transport or offer for transport a wild animal or wild bird except as provided in this subchapter.

     2. Accept transportation. A person or carrier may not accept for transportation or transport a wild animal or wild bird except as provided in this subchapter.

     3. Transport in closed season. A person or carrier may not transport a wild animal or wild bird in closed season, except that a person who has killed a wild animal or wild bird in open season has a reasonable time after the beginning of the closed season in which to transport the animal or bird to that person's home.

     A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

§12356.    Unlawful transport of bear, deer, moose, wild turkey, wild hare or wild rabbit

     1. Prohibitions regarding transport of bear, deer, moose and wild turkey. Except as otherwise provided in this Part, a person may not move or transport a bear, deer, moose or wild turkey, or any part of a wild turkey or a moose that has been dismembered for transportation, unless:

A person who moves or transports a bear in violation of this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

     2. Prohibition regarding transport of bear or deer beyond limits of State. A person may not, except as provided in section 12351, transport or attempt to transport a bear or deer beyond the limits of this State. A nonresident who has lawfully killed and registered a bear may have the bear or its parts transported beyond the boundaries of the State by a transportation company, including common carriers, whether or not licensed in the State. If transported by other than a Maine-licensed transportation company, the bear or its parts must be accompanied by a nonresident transportation permit, which may be obtained by the licensee from any game warden.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged, unless otherwise specified.

     3. Prohibition regarding possession and transportation of wild hares or wild rabbits. A person may not possess or transport a wild hare or rabbit taken:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

CHAPTER 921
WILDLIFE CAUSING DAMAGE OR NUISANCE

§12401.    Attacking domestic animals or destroying property

     Except as provided in sections 12402 and 12404, a person may lawfully kill, or cause to be killed, any wild animal or wild turkey, night or day, found in the act of attacking, worrying or wounding that person's domestic animals or domestic birds or destroying that person's property. A person who kills a wild animal or wild turkey by authority of this section shall report the incident to the Maine Warden Service as provided in section 12402, subsections 3 and 4.

§12402. Damage to crops or orchards

     1. Permission to kill nuisance animals or wild turkeys. Except as provided in section 12404, the cultivator, owner, mortgagee or keeper of any orchard or growing crop, except all types of grasses, clover and grain fields, may take or kill wild animals or wild turkeys night or day when the wild animals or wild turkeys are located within the orchard or crop where substantial damage caused by the wild animal or wild turkey to the orchard or crop is occurring. For purposes of this section, corn is not considered grain.

     2. Employment of agents. When a person wants to employ someone outside of that person's immediate family to take or kill wild animals or wild turkeys, that person shall contact a game warden. If the warden is satisfied that substantial damage is occurring, the warden may arrange for a department agent to alleviate the damage; when an agent is not available, the warden may authorize a person who is knowledgeable and can perform the work in a reasonable, safe and proficient manner. Permission to take or kill wild animals or wild turkeys may not be granted to a person whose license to hunt has been revoked or suspended, who is an habitual violator as defined in section 10605, subsection 1 or who has been convicted of night hunting within the past 5 years.

     3. Report to Maine Warden Service; dressing of carcass. The person by whom or under whose direction the wild animal or wild turkey is wounded, taken or killed under this section shall:

     4. Warden's certificate. A game warden shall investigate an incident under this section as soon as possible and, if the game warden is satisfied that the wild animal or wild turkey was taken as provided in this section, give the person who killed the wild animal or wild turkey a certificate that entitles the cultivator, owner, mortgagee or keeper of the orchard or growing crop to own the carcass or carcasses, which may be possessed and consumed only within the immediate family of the cultivator, owner, mortgagee or keeper of the orchard or growing crop, or, in accordance with the labeling requirements for possession of deer, bear, moose or wild turkey, to transfer possession of those wild animals or wild turkeys to another person. Any excess carcasses after the first 2 carcasses of deer, bear, moose or wild turkey killed or taken under subsection 1 or 2 must be distributed to recipients authorized through the Hunters for the Hungry Program established in section 10108, subsection 8 or as otherwise authorized by the game warden.

     5. Failure to report wounding, taking or killing of nuisance wild animal or to properly care for carcass. A person may not:

§12403.    Damage to motor vehicles by wild animals or wild birds

     1. Claims. The State may not pay any claims for damages to a motor vehicle by a wild animal or wild bird.

     2. Accidental collisions involving deer, moose, bear or wild turkey. This subsection applies to accidental collisions involving deer, moose, bear or wild turkey.

     3. Penalties. The following penalties apply under this section.

§12404. Specific animals

     1. Bear. This subsection applies to the taking or killing of bear found doing damage.

     2. Beaver. A person may not take or kill beaver under sections 12401 and 12402. The commissioner may cause agents of the department to take nuisance beaver at any time.

     3. Birds. A person may not take or kill wild birds, with the exception of rock doves and wild turkeys under sections 12401 and 12402.

     4. Coyotes. The commissioner may cause department personnel to take coyotes at any time and in any manner that the commissioner may prescribe.

     5. Deer. This subsection applies to the taking or killing of deer found doing damage.

     6. Dogs. This subsection applies to nuisance dogs.

     7. Muskrat. The commissioner may declare an open season on muskrats that are polluting water supplies or damaging property if the owner makes a written complaint to that effect to the commissioner.

     8. Raccoons. The commissioner may suspend the game laws relating to raccoons in such restricted localities and for such periods of time as the commissioner finds it advisable to relieve excessive damage being done by raccoons to sweet corn or other crops. The commissioner may suspend subsection 6 for the purpose of allowing dogs to be used in hunting and killing raccoons, providing the dogs are under the personal supervision of the owner at all times, for such periods of time as the commissioner finds it advisable.

CHAPTER 923
FISH: FISHING SEASONS AND RESTRICTIONS
SUBCHAPTER 1
SEASONS, RULEMAKING AND SPECIAL REGULATIONS

§12451. Application of laws

     1. Waters covered by provisions relating to fish. This Part so far as it relates to fish of all varieties and fishways applies to fish and fishways in the inland waters of the State.

     2. Great ponds. A person on foot may engage in any activity on the great ponds not inconsistent with any other law or regulation of the State or its political subdivisions.

     3. Ponds of 10 acres or less. Fishing in a pond of 10 acres or less, whether natural or artificial, formed on a brook, stream or river, is governed by the same laws and rules that govern fishing in the brook, stream or river on which the pond is situated. This subsection does not apply to private ponds as set forth in section 12508.

§12452. Consolidation of rules

     Fishing rules as set forth in the annual Open Water Fishing Regulations folder and the annual Ice Fishing Regulations folder, as printed and distributed to the public, are declared to be official consolidations of fishing rules upon filing with the Secretary of State.

§12453.    Inland waters closed to fishing except as opened by law or rule

     All inland waters of the State are closed to fishing except as opened by law or rule.

§12454. Ice fishing; closed areas and times

     1. Closed waters; commissioner's authority. All inland waters of the State are closed to ice fishing except those that have been opened by rule of the commissioner.

§12455.    List of waters where children may fish with single-baited hook and line

     Rules adopted by the commissioner that set forth the special fishing regulations for inland waters of the State must include a list of waters where a person under 12 years of age may fish with a single-baited hook and line.

§12456. Open seasons; exceptions

     1. Open seasons. Except as provided in subsection 2 and Part 12 and except as the commissioner may by rule provide, the following are the open seasons for fishing in the State. All opening and closing dates are inclusive.

     2. Exceptions. Notwithstanding the open seasons established under subsection 1:

§12457. Restricted areas

     1. Closed waters. Except as the commissioner may by rule provide, the following waters are closed to fishing:

§12458. Special regulations

     1. Aroostook River. A person 12 years of age or younger may fish from shore with a single-baited hook and line on the following areas of the Aroostook River during the open-water fishing season:

§12459. Fly-fishing by person who has loss of arm

     A person who possesses a valid fishing license and has suffered the loss of an arm may use any type of rod and reel to fish with a fly on waters open to fly-fishing. For the purposes of this section, "loss of an arm" means the physical loss of the arm at the wrist or above.

SUBCHAPTER 2
LICENSE AND PERMIT REQUIREMENTS AND AUTHORIZATIONS

§12501. General fishing license

     1. License required. Except as otherwise permitted pursuant to this Part, a person may not fish for, transport or possess fish without a valid license 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. Eligibility. The commissioner may issue the following licenses to the following persons:

     3. Agent's fee. Clerks or other agents appointed by the commissioner to issue licenses shall charge a fee of $2 for each license issued. The commissioner shall charge a fee of $1 for each fishing license issued by department employees.

     4. Exchange of licenses. A license issued under this section may not be exchanged for another license except as provided in this subsection. Temporary licenses may be exchanged for annual licenses as follows.

     5. Nonresident junior fishing license expiration. A nonresident junior fishing license issued to a nonresident who has passed the nonresident's 15th birthday is valid through the calendar year for which the license was issued.

     6. Schedule of fees. The fees for fishing licenses are as follows.

     7. Reciprocity with New Hampshire. When similar legislation is enacted by the State of New Hampshire, a fishing license issued to any person by either this State or New Hampshire meets all require-ments of the law for a fishing license with respect to fishing in any lake or pond that lies partly in both of the states of Maine and New Hampshire.

§12502. Boys and girls camps fishing license

     1. Issuance of camp fishing license. Upon application, the commissioner shall issue to a boys or girls camp a camp fishing license that will permit any of the boys or girls, under 16 years of age, to fish in the lake or pond adjacent to the main camp. The fee for this permit is $75. Persons who fish under a camp fishing license, as provided in this subsection, are subject to this Part.

     2. Penalty. Each day a person violates the terms of the special privilege under this section that person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12503. Permitted fishing without license

     1. Resident under 16 and nonresident under 12. A resident under 16 years of age and a nonresident under 12 years of age may fish without a license.

     2. Land used for agricultural purposes; domicile. Notwithstanding section 10606 as it applies to this subchapter, any resident and any member of the resident's immediate family, as long as the angler's license to fish is not under suspension or revocation, may fish without a license in open inland waters from land:

     3. Free fishing days. The Saturday and Sunday of Father's Day weekend and the Saturday and Sunday immediately preceding President's Day are free fishing days. Notwithstanding sections 10606 and 12501, it is lawful during a free fishing day established under this subsection for a person to fish without a license in inland waters, except that this subsection does not apply to a person whose license to fish is under suspension or revocation. All other provisions of this Part relating to fishing apply during a free fishing day.

     4. Groups of resident students. The commissioner may permit groups of residents who attend high school or who are enrolled in special education courses for persons who are underprivileged, persons with handicaps or people with special learning needs to fish without licenses for periods of not more than 3 days as long as the fishing activity is conducted as part of an educational program and is under the direct supervision of a teacher or instructor.

     5. Patients at Veterans Administration Hospital. The commissioner may permit inpatients at the Veterans Administration Hospital at Togus to fish without a license in the inland waters within a 25-mile radius of Togus. Patients not under the direct supervision of hospital staff or volunteer supervisors shall have in their possession while fishing a valid pass issued by the Veterans Administration Hospital.

     6. Fishing during event sanctioned by department. Notwithstanding section 10606 as it applies to this subchapter, a person who does not hold a fishing license may assist a child or a handicapped person who is a participant in a fishing event sanctioned by the department.

§12504.    Fishing derby and fishing tournament permits

     1. Permit required. Except as provided in section 12505, a person may not conduct a fishing derby or fishing tournament without 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. Application. A person wishing to conduct a fishing derby or fishing tournament shall first make application for and obtain a permit from the commissioner. A bass tournament sponsored by a bass club in waters free of ice falls under the provisions of section 12505. A completed application for a permit must include the proposed rules, requested dates, places, times and prize structure for the derby or tournament.

     3. Rules. The commissioner shall adopt all necessary rules relative to permits to ensure that derbies and tournaments are conducted only at such times and places and in such a manner as are consistent with the fisheries management objectives of the department. Such rules must include:

     4. Issuance. The commissioner, following a determination that an applicant has complied with all rules adopted pursuant to this section, may issue a permit to the applicant authorizing the conduct of the derby or tournament. Applicants who have conducted derbies or tournaments in the requested body of water in the past that have conformed with all rules must be given preference in the issuance of permits.

     5. Fee. The fee for a permit to conduct a fishing derby or fishing tournament is $24.

§12505. Bass tournament permit

     1. Permit required. A person may not conduct a bass tournament in waters free of ice without a 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. Application. A bass club seeking approval to conduct a bass tournament pursuant to this section may make application to the commissioner in a manner and form to be designated by the commissioner. The application must include the club's tournament rules, any amendments or changes to the rules and a schedule of the dates, places and times of the proposed tournament.

     3. Issuance; notification to municipality. The commissioner, following a determination that a bass club has complied with all rules adopted pursuant to this section, may issue a permit to the applicant club authorizing the club to conduct the tournament during open season for black bass in waters free of ice. At least 10 days prior to issuing the permit, the commissioner shall notify any affected municipality of the receipt of an application for a multi-day bass tournament.

     4. Fee. The fee for a bass tournament permit is:

     5. Restrictions. The commissioner shall adopt all rules necessary to carry out the purposes of this section, including, but not limited to:

§12506.    Alewife, eel, sucker and yellow perch permit; elver prohibition

     1. Permit required. Except as otherwise authorized pursuant to the this Part and except as provided in subsection 5, a person may not fish for or possess alewives, eels, suckers, lampreys or yellow perch without 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 permits to fish for or possess alewives, eels, suckers, lampreys and yellow perch under rules that the commissioner establishes, if these permits do not interfere with rights granted under section 6131.

     3. Fees; transfer of permit. The minimum fee for an individual permit for alewives, suckers, lampreys and yellow perch is $42. A crew permit may be sold for alewives, suckers, lampreys and yellow perch for $100, authorizing up to 3 persons to engage in the permitted activity. The annual fee for an eel pot or weir permit is $100. An eel pot or eel weir permit is not transferable.

     4. Five-year limited entry; eel weirs. The department may not issue an eel weir permit to a person unless that person possessed a valid eel weir permit for calendar year 1995. The department shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A regarding the issuance of eel weir permits. The number of weirs and the number of square miles of watersheds in this State fished by eel weirs may not exceed those permitted in calendar year 1995.

     5. Exception to permit requirement. Notwithstanding subsection 1:

     6. Eels and elvers prohibitions. The following prohibitions apply to the harvesting of eels and elvers in inland waters.

§12507.    License to cultivate or sell commercially grown and imported fish

     1. License required. Except as otherwise authorized pursuant to this Part, a person may not cultivate or sell fish that have been commercially grown within the State or imported from outside the State without a valid license 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 license to cultivate and sell fish that have been either commercially grown within the State or imported from without the State.

     3. Application. This section does not apply to and the commissioner may not issue permits governing any aspect of either the commercial aquaculture of Atlantic salmon when intended for use in commercial aquaculture in coastal waters or the Atlantic salmon restoration program.

     4. Fee. The fee for a license to sell commercially grown or imported fish is $25 annually.

     5. Restrictions. The following provisions must be observed.

     6. Penalty. Each day a person violates any restriction of a license issued under this section that person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12508. License to operate private fee pond

     1. License required. A person who owns a private pond may not charge others for the opportunity to fish in that private pond unless the owner of that pond possesses a valid private fee pond license issued by the commissioner 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. Licensed activities. A private fee pond license authorizes the owner of a private pond to charge others for the opportunity to fish in that private pond and authorizes persons who fish in that pond to fish for, take, possess and transport fish harvested from that pond, notwithstanding other provisions of the law or rules of the department pertaining to manner, time, season, bag limit, length limit or fishing license requirements.

     3. Fee. The fee for a private fee pond license is $25.

     4. Restrictions. All fish taken from a private fee pond operated pursuant to this section must be killed prior to being transported from the site. All fish transported from the site must be tagged as provided by rules established by the commissioner.

§12509.    Permit to import live freshwater fish or eggs

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not introduce, import or transport any live fish or gametes into the State or receive or have in that person's possession fish or gametes so introduced, imported or transported without 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 grant permits to introduce, import or transport any live fish or gametes into the State or to receive or have in possession fish or gametes so introduced, imported or transported if the commissioner determines that the species does not pose an unreasonable risk to any species of fish or other organism after evaluating fish health, habitat and population management issues. The commissioner may not adopt rules or issue permits governing any aspect of either the commercial aquaculture of Atlantic salmon when intended for use in commercial aquaculture in coastal waters or the Atlantic salmon restoration program.

     3. Application. Importers shall, when requesting a permit issued pursuant to subsection 2, provide the commissioner with the following information:

     4. Rules. The commissioner may adopt rules allowing the possession and importation of certain species of tropical fish and goldfish without a permit, for aquarium purposes only, if the commissioner determines that the species does not pose an unreasonable risk to any species of fish or other organism after evaluating fish health, habitat and population management issues. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

§12510. Permit to stock inland waters

     1. Permit required. Except as otherwise authorized pursuant to this Part, a person may not introduce fish of any kind into any inland waters without a valid permit issued under this section. A person who violates this subsection commits a Class E crime, except that, notwithstanding Title 17-A, section 1301, the fine may not be less than $1,000 or more than $10,000.

     2. Issuance. The commissioner may issue a written permit allowing a person to introduce fish of any kind into any inland waters by means of live fish or otherwise.

§12511.    Permit to introduce fish or fish spawn into private pond

     The commissioner may issue a written permit to introduce fish or fish spawn into a private pond.

§12512.    Permit to transport live fish for breeding and advertising

     The commissioner may issue a permit to a person permitting that person to take and transport within the limits of the State fish taken in the State for breeding or advertising purposes.

§12513. Permit to take baitfish

     Whenever inland waters are closed to fishing, the commissioner may issue permits to take baitfish for bait purposes from those waters.

SUBCHAPTER 3
LIVE BAIT; DEALING, TRAPPING AND POSSESSION

§12551. Dealing in live smelts and baitfish

     1. Definition. For purposes of this section, "business facility" means a fixed place of business and does not include a motor vehicle or trailer. Live smelts or baitfish that are held in or on a motor vehicle or trailer by a person licensed under this section are considered in transport even if the motor vehicle or trailer may be temporarily placed at a specific location by the licensee, or the licensee's designee, for the purpose of selling live smelts and baitfish to anglers.

     2. License required. Except as otherwise authorized pursuant to this Part, a person may not engage in any activity, for which a license may be issued under this section without a valid license 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.

     3. Eligibility. A resident or nonresident is eligible to obtain a license to deal in live smelts and baitfish upon payment of the appropriate fee.

     4. Issuance. The commissioner may issue live smelt and baitfish licenses in the following categories.

     5. Schedule of fees. The fees for licenses under this section are:

     6. Live bait retailer's license. The following restrictions apply to the selling of live smelts and baitfish under the live bait retailer's license.

     7. Baitfish wholesaler's license restrictions. The following restrictions apply to the taking and selling of baitfish under the baitfish wholesaler's license.

     8. Smelt wholesaler's license restrictions. The following restrictions apply to the taking and selling of live smelts under the smelt wholesaler's license.

For purposes of this subsection, live smelts are considered in possession of the licensee once the smelts have been removed from the inland waters and placed in a container.

     9. Effect of revoked or suspended license. A person whose license to deal in live smelts and baitfish has been revoked or suspended pursuant to section 10902 may not assist another dealer in selling or transporting live smelts and baitfish.

     10. Inspection of live smelts and baitfish. A person licensed under this section who possesses live smelts or baitfish at a fixed place of business shall make those fish available for inspection by a warden or a department fisheries biologist during normal business hours. A person licensed under this section who possesses live smelts or baitfish at a location other than the licensee's fixed place of business shall make those fish available for inspection by a warden or a department fisheries biologist at any time, upon request.

§12552.    Purchase of live smelts from unlicensed dealers

     1. Prohibition. A person licensed to deal in live baitfish pursuant to section 12551 may not purchase live smelts from a person who does not hold a current license to sell live smelts issued pursuant to section 12551, subsection 4, paragraph A or C.

     2. Penalty. A person who violates subsection 1 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

The commissioner, subject to the hearing provisions of section 10902, shall revoke for a period of at least one year from the date of conviction any licenses issued under section 12251 to a person convicted of a violation of subsection 1.
§12553. Selling, using or possessing baitfish

     1. Selling, using or possessing unlawful baitfish. A person may not, except as provided in this section, sell, offer for sale, use or possess for use as bait for fishing any species of fish other than baitfish as defined in section 10001, subsection 6.

A person who violates this subsection commits a Class E crime. The court shall, in addition, impose a fine of $20, none of which may be suspended, for each fish illegally possessed.

     2. Sale of bait or baitfish in polystyrene foam containers. A person who sells bait or baitfish may not provide or sell the bait or baitfish in containers that are composed in whole or in part of polystyrene foam plastic.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     3. Failure to label baitfish traps, drop nets or baitfish holding boxes. A person may not set or place within the inland waters of the State any baitfish trap, drop net or baitfish holding box without having the baitfish trap, drop net or baitfish holding box plainly labeled with that person's full name and address.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§12554.    Disturbing baitfish traps or baitfish holding boxes

     A person may not disturb or take any baitfish trap or baitfish holding box or any fish from any baitfish trap or baitfish holding box other than that person's own without the consent of the owner of the baitfish trap or baitfish holding box.

     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.

§12555. Checking baitfish traps

     While trapping for baitfish in the inland waters with the use of a baitfish trap as defined in section 10001, subsection 7, a person may not fail to check the baitfish trap or fail to cause the baitfish trap to be checked at least once in every 7 calendar days.

     A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12556. Importing live bait

     A person may not import into this State any live fish, including smelts, that are commonly used for bait fishing in inland waters.

     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.

SUBCHAPTER 4
GENERAL FISHING PROVISIONS

§12601.    Rule violations; open-water fishing or ice fishing

     Notwithstanding section 10602, a person who violates a rule regulating open-water fishing or ice fishing, except a rule implementing a statute the violation of which is a Class E crime, commits a civil violation for which a forfeiture of not less than $100 not more than $500 may be adjudged.

§12602.    Violation of number, amount, weight or size limits

     A person may not:

     1. Fish in violation of certain rules. Fish in violation of the number, amount, weight or size limits established by rules adopted by the commissioner; or

     2. Possess fish in violation of certain rules. Possess fish in violation of the number, amount, weight or size limits established by rules adopted by the commissioner.

     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.

§12603.    Failure to observe Maine Indian Tribal-State Commission rules and regulations

     1. Prohibition. A person may not fish in any pond or in that portion of any river or stream subject to the authority of the Maine Indian Tribal-State Commission created by Title 30, Part 4 in violation of the rules or regulations of the commission.

     2. Penalty. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12604. Closed season violation

     1. Prohibition. A person may not fish for any fish during the closed season or possess any fish taken during the closed season on that fish.

     2. Penalty. 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.

§12605. Fishing in waters closed to fishing

     1. Prohibition. A person may not fish in inland waters closed to fishing as described in section 12457 except that a person may fish for alewives and smelts in the manner provided under the laws regulating marine resources.

     2. Penalty. 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.

§12606. Ice fishing; waters closed to fishing

     1. Prohibition. A person may not ice fish in inland waters closed to ice fishing, except that person may fish for alewives and smelts in the manner provided under the laws regulating marine resources.

     2. Penalty. 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.

§12607.    Unlawfully introducing department-raised fish or fish spawn

     1. Prohibition. A person may not introduce fish or fish spawn raised by the department into a private pond, unless the department permits the introduction for fishing events held in conjunction with educational or special programs sanctioned by the department.

     2. Penalty. 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.

§12608. Failure to label fish

     1. Prohibition. A person may not keep any black bass, salmon, togue or trout at any sporting camp, hotel or public lodging place unless the name and address of the person who caught the fish is attached to the fish.

     2. Penalty. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12609. Purchase or sale of certain fish

     A person may not directly or indirectly purchase or sell black bass, landlocked salmon, pickerel, togue, trout or white perch except for:

     1. Fish produced by commercial producers or imported. Fish that have been lawfully produced by commercial producers within the State or that have been lawfully imported from without the State; and

     2. Skins of fish preserved through taxidermy. The skins of fish that have been preserved for display through the art of taxidermy.

     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.

§12610.   Unlawful importation or sale of certain fresh or frozen fish

     1. Prohibition. A person may not import or offer for sale fresh or frozen salmon, brook trout, brown trout, rainbow trout, lake trout or any member of the family salmonidae whose source is outside of the continental United States, Canada or Alaska or their adjacent waters.

     2. Penalty. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

SUBCHAPTER 5
UNLAWFUL FISHING METHODS

§12651. Snagging

     1. Prohibition. Except as provided in section 12506, subsection 5, paragraph B, a person may not fish by snagging as defined by section 10001, subsection 58.

     2. Penalty. 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.

§12652. Fishing with more than 2 lines

     1. Prohibition. Except in accordance with section 12659, subsections 1 and 2, a person may not fish with more than 2 lines at any one time.

     2. Violation. Violation of this section is a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12653.   Taking fish by explosive, poisonous or stupefying substance

     1. Prohibition. A person may not use dynamite or any other explosive, poisonous or stupefying substance at any time for the purpose of taking or destroying any kind of fish.

     2. Penalty. 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.

§12654. Unlawful angling or fishing

     1. Prohibition. A person may not angle or fish other than by the use of the single baited hook and line, artificial flies, artificial lures and spinners, except that a person may take smelts in accordance with rules adopted with regard to the taking of smelts.

     2. Penalty. 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.

§12655. Unlawful use of bait

     A person may not use live, dead or chemically preserved natural or organic bait or food in water at times in which fishing is limited by rule to the use of artificial lures only.

§12656.    Possession and use of unlawful implements and devices

     1. Prohibition. A person may not:

     2. Penalty. 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.

§12657. Advance baiting

     1. Prohibition. Except as provided in subsection 2, a person may not deposit any meat, bones, dead fish, parts of meat, bones, or dead fish or other food for fish for the purpose of luring fish, a practice known as "advance baiting."

     2. Exception. A person may place food particles in a baitfish trap for the purpose of luring baitfish.

     3. Penalty. A person who violates subsection 1 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12658. Unlawfully trolling fly

     1. Prohibition. A person may not troll a fly in inland waters restricted to fly-fishing.

     2. Penalty. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12659. Ice fishing regulations

     1. Five-line limit. Unless otherwise provided by rule, a person licensed to fish may fish through ice in the daytime with not more than 5 lines set or otherwise, which must be under that person's immediate supervision, in any waters that have been opened to ice fishing by the commissioner.

     2. Cusk. Unless otherwise provided by rule, a person licensed to fish may fish through the ice in the nighttime for cusk in waters that have been opened pursuant to section 12454, subsection 1, paragraph B, by using not more than 5 lines set or otherwise. All lines set for cusk in the nighttime must be visited at least once every hour by the person setting them.

     3. Black bass. Unless otherwise provided by rule, a person may take black bass through the ice during the same period that it is lawful to take salmon and trout.

     4. Violation. A person may not fail to comply with any provision of this section.

     5. Penalty. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12660. Antifreeze agents

     Adding substances containing ethylene glycol or other antifreeze agents to the waters of this State is a violation of Title 38, section 413.

§12661. Ice fishing shacks

     1. Prohibitions. A person who owns any shack or temporary structure used for ice fishing may not:

     2. Penalty. A person who violates subsection 1 commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     3. Removal of abandoned ice fishing shacks. Notwithstanding the provisions of Title 33, chapter 41, a landowner on whose property an ice fishing shack is left in violation of Title 17, section 2264 may remove or destroy the shack. The landowner may recover any costs of removing or destroying the shack from the owner of the shack in a civil action.

§12662. Night ice fishing

     1. Prohibition. Except as provided in section 12659, subsection 2, a person may not ice fish from 1/2 hour after sunset to 1/2 hour before sunrise of the following morning.

     2. Penalty. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12663. Unlawful sale of lead sinkers

     1. Prohibition. A person may not:

For the purposes of this subsection, "sinker" means a device that is designed to be attached to a fishing line and intended to sink the line. "Sinker" does not include artificial lures, weighted line, weighted flies or jig heads.

     2. Civil penalty. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

CHAPTER 925
FISH AND WILDLIFE MANAGEMENT AND RESEARCH
SUBCHAPTER 1
WILDLIFE MANAGEMENT AND RESEARCH

§12701.   Commissioner's authority over sanctuaries; management areas and access sites

     1. Public use. The commissioner may, pursuant to section 10104, adopt rules regulating hunting, fishing, trapping or other public use of any wildlife management area or wildlife sanctuary as designated in section 12706, subsection 1, except that a landowner may not be prohibited from operating any vehicle on land on which that person is domiciled.

     2. Natural products. The commissioner may harvest and sell natural products of the land from land owned by the department.

     3. Trapping. The commissioner may regulate the trapping of wild animals on wildlife sanctuaries or closed territories.

     4. Fees. The commissioner may establish reasonable fees for admission to the Maine Wildlife Park and the Steve Powell Wildlife Management Area at Perkins Township, Sagadahoc County, known as Swan Island and Little Swan Island.

     5. Access sites to inland and coastal waters. The commissioner may, pursuant to section 10104, subsection 1, adopt rules regulating public use of department-owned or department-maintained sites that provide public access to inland or coastal waters. The commissioner may establish reasonable fees for use of these sites by members of the public as necessary to help defray the cost of routine maintenance and security.

§12702.    Rule violations; state-owned wildlife management areas

     Notwithstanding section 10602, a person who violates a rule regulating state-owned wildlife management areas commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12703. Rule violations; state game farms

     Notwithstanding section 10602, a person who violates a rule regulating state game farms commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12704.    Permit to hunt, trap, possess, band and transport wild animals and wild birds for 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 for scientific purposes.

§12705.    Rule violations; scientific collection permits

     Notwithstanding section 10602, a person who violates a rule regulating scientific collection permits commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12706. Wildlife sanctuaries

     1. Designation of wildlife sanctuaries. The following described territories are designated as wildlife sanctuaries and are subject to the commissioner's authority under section 12701:

     2. Temporary wildlife sanctuaries. The following provisions apply to temporary wildlife sanctuaries.

§12707.   Unlawful activity in wildlife sanctuary; general prohibitions and exceptions

     Except to the extent permitted by the commissioner under section 12701, activities listed in this section are prohibited in a wildlife sanctuary.

     1. Unlawful activity in wildlife sanctuary. Except as provided in subsection 2, a person may not:

     2. Exceptions. The prohibitions in subsection 1 are subject to the exceptions and limitations listed in this subsection.

     3. Using motorboat within Merrymeeting Bay Game Sanctuary. A person may not use a motorboat within Merrymeeting Bay Game Sanctuary, except that motorboats may be used between the Woolwich shore on the east and a line on the west designated by a series of red markers adjacent to the edge of the grassy marsh area from Kelly's Point to the southern boundary of the Merrymeeting Bay Game Sanctuary.

     4. Carrying loaded firearm on bounds of Limington, Hollis and Waterboro Sanctuary. A person may not carry a loaded firearm on any of the roads bounding the Limington, Hollis and Waterboro Sanctuary.

     5. Carrying loaded firearm on bounds of Standish Sanctuary. A person may not carry a loaded firearm on any road or on the Maine Central Railroad right-of-way that bounds the Standish Game Sanctuary.

     6. Fishing in Carleton Pond. A person may not fish in Carleton Pond in the Readfield and Winthrop Sanctuary.

     A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12708.   Wildlife management areas and public access sites

     1. Designation and classification of wildlife management areas. The following areas are classified as wildlife management areas.

     2. The Public Boat Launch Access Program. The Public Boat Launch Access Program, referred to in this subsection as the "program," is established in the department. The purpose of the program is to provide anglers, boaters and other persons fair and equitable public access to public waters that offer recreational fishing opportunities by acquiring lands adjacent to those waters and providing appropriate opportunities to access those waters. The commissioner may establish program priorities based on fishery management or other resource management objectives and may use for these purposes any funds received through federal programs intended to aid in the restoration of sport fishing and other revenues available for providing access to public waters.

SUBCHAPTER 2
FISH MANAGEMENT AND RESEARCH

§12751.   Commissioner's authority relating to culture and research

     1. Setting apart waters. The commissioner may by rule, pursuant to section 10104, subsection 1, set apart, for a term not to exceed 10 years, any inland water for the use of the State in the prosecution of the work of fish culture and scientific research relative to fish.

In the waters so set apart, the commissioner and persons acting under the commissioner's authority in their respective fish culture and scientific work may take fish at any time or in any manner and erect and maintain any fixtures necessary for these purposes. In no instance may the commissioner permit the taking of fish by explosive, poisonous or stupefying substances, except for the use of registered fish toxicants for reclamation purposes.

     2. Taking of certain fish. After a hearing pursuant to section 10104, subsection 1, the commissioner may permit the taking of pickerel, perch and other fish in specified waters, subject to conditions the commissioner may prescribe, whenever it appears that those fish seriously injure the propagation of or the fishing for any game fish.

§12752. United States Fish and Wildlife Service

     The United States Fish and Wildlife Service and its duly authorized agents may conduct fish culture operations and scientific investigations in the waters of this State in such manner and at such times as the service and its agents consider necessary and proper.

§12753. Screens

     1. Commissioner's authority. The commissioner may:

     2. Tampering with screen. A person may not take up, destroy or injure any screen installed pursuant to this section, unless the person is duly authorized by the commissioner.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§12754. Fish spawning areas

     1. Commissioner's authority. The commissioner may by rule, pursuant to section 10104, subsection 1, designate any inland waters of the State as fish spawning areas.

     2. Hearing. The commissioner shall institute a public hearing, in conformity with the Maine Administrative Procedure Act, if so requested by any state agency.

§12755. Tampering with department dam

     1. Prohibition. A person without authority from the commissioner may not:

For purposes of this subsection, "department dam" means a dam owned or operated by the department, including dams in a fish hatchery or rearing station.

     2. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12756. Tampering with fishway

     1. Prohibition. A person without authority from the commissioner may not:

     2. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12757.    Management of brook trout and landlocked salmon

     Notwithstanding any other provision of this Part, any rule that includes a proposal to establish or amend the time, place or manner in which a person may fish for brook trout or landlocked salmon on inland waters is a routine technical rule as defined in Title 5, chapter 375, subchapter 2-A. The department shall provide the information in subsections 1 to 3 to any person upon request and at all hearings or meetings that relate to the time, place or manner in which a person may fish for brook trout or landlocked salmon on inland waters:

     1. Information. Information and interpretation leading to rule proposals including alternative proposals that staff have considered but not proposed;

     2. Assessment of biological potential. An assessment of the biological potential of the waters affected and management goals for those waters, including the best scientific judgment of the probable outcome and the probability of success of the plan relating to the management of brook trout and landlocked salmon; and

     3. Assessment of ability to evaluate success. A realistic assessment of the ability of fisheries staff to evaluate success of the management through future surveys.

§12758. Fish stocking

     1. Public comments. When the Bureau of Resource Management determines that there is a need to consider changing the long-term management objectives on a water or group of waters that supports a major fishery or major fisheries, the department shall provide information regarding the proposed change to any person at that person's request. The bureau shall conduct department-sponsored meetings to solicit public comments on those management objectives.

     2. Department-sponsored meetings. Regional fisheries biologists must be available at department-sponsored meetings held pursuant to subsection 1 to review the management opportunities presented by the proposals to change long-term management objectives, as well as the information used to assess the opportunities, and to receive public comments concerning the proposals.

§12759. Stocking alewives

     1. Prohibition. A person may not stock alewives in Hogan Pond or Whitney Pond in the Town of Oxford or any waters that drain into or out of those ponds.

     2. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12760.    Fishways in dams and other artificial obstructions

     1. Commissioner's authority. In order to conserve, develop or restore anadromous or migratory fish resources, the commissioner may require a fishway to be erected, maintained, repaired or altered by the owners, lessors or other persons in control of any dam or other artificial obstruction within inland waters frequented by alewives, shad, salmon, sturgeon or other anadromous or migratory fish species.

     2. Examination of dams. The commissioner shall periodically examine all dams and other artificial obstructions to fish passage within the inland waters in order to determine whether fishways are necessary, sufficient or suitable for the passage of anadromous or migratory fish.

     3. Monitoring program. The commissioner shall, in cooperation with the Department of Marine Resources and the Atlantic Salmon Commission, establish a program to ensure fishways are functioning properly and remain sufficient or suitable for the passage of anadromous or migratory fish. The commissioner has sole authority to take corrective action at fishways as prescribed under this section.

     4. Initiation of fishway proceedings. The commissioner shall initiate proceedings to consider construction, repair or alteration of fishways in existing dams or other artificial obstructions whenever the commissioner determines that one or more of the following conditions may exist:

     5. Adjudicatory proceedings. A fishway proceeding must conform to the following requirements.

     6. Decision. In the event that the commissioner decides that a fishway should be constructed, repaired, altered or maintained pursuant to this section, the commissioner shall issue final orders with specific plans and descriptions of the fishway construction, alteration, repair or maintenance requirements, the conditions of the use of the fishway and the time and manner required for fishway operation. The commissioner may issue a decision requiring the owners, lessees or other persons in control of the dam or obstruction to construct, repair, alter or maintain a fishway. Such a decision must be supported by a finding based on evidence submitted to the commissioner that either of the following conditions exist:

In the event that the commissioner decides that no fishway should be constructed, the commissioner shall specify in that decision a period subsequent to that decision during which no fishway may be required to be constructed. That period may not exceed 5 years.

     7. Compliance. The owner, lessee or other person in control of a dam or other artificial obstruction is jointly and severally liable for the costs of fishway design, construction, repair, alteration or maintenance, and for full compliance with a decision issued pursuant to subsection 6.

     8. Privileged entry. The commissioner, the commissioner's agents or subcontractors may enter upon any private land in order to examine, at least annually, fishways in dams or other artificial obstructions and dams as provided in subsection 2. The commissioner shall notify the landowner, lessee or other person in control of the dam when the examination will take place and the time required to complete the examination. The commissioner shall make every effort to preserve private land and shall restore surrounding lands to the grade and condition existing prior to entry, if economically feasible.

§12761.   Construction of new dams or other artificial obstructions

     1. Notice required. Prior to construction or prior to authorizing construction of a new dam or other obstruction in the inland waters, the owner, lessee or other person in control of the dam or other artificial obstruction shall provide written notice to the commissioner, supplying information on construction plans, proposed location and date of construction of the dam or other artificial obstruction.

     2. Initiation of fishway proceedings. Within 30 days of receipt of the construction notice pursuant to subsection 1, the commissioner shall review the plans in order to determine whether fishway construction or alteration of proposed fishway construction plans may be required pursuant to the criteria set forth in section 12760, subsection 4. If the commissioner determines that the construction or alteration may be necessary, the commissioner shall initiate fishway proceedings and follow the procedures prescribed in section 12760.

     3. Unlawful building of dam. A person may not build any dam or other obstruction in any of the rivers, streams or brooks of this State without first filing written notice with the commissioner pursuant to subsection 1. A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12762.    Fish kills; violations; fines; rules; definition

     If a fish kill results from the improper operation of a fishway required pursuant to this subchapter, the department may assess an administrative fine equivalent to the value of the fish killed but not more than $10,000 for each day of that violation.

     The department and the Department of Marine Resources shall jointly make rules defining "fish kill."

§12763.   Use or possession of gill net; Penobscot Nation research

     1. Prohibition. Except as otherwise allowed under this section, a person, including any agent of the State, may not use or possess a gill net.

A person who violates this subsection 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.

     2. Penobscot Nation research. Under the direction of its director, the staff of the Department of Natural Resources of the Penobscot Nation may use gill nets for the purpose of scientific fisheries research and management on any waters within, flowing through or adjacent to Penobscot Indian territory as defined in Title 30, section 6205, subsection 2.

     3. Use of gill nets by department personnel. Department personnel may use gill nets pursuant to this subsection.

     4. Permits allowing use of gill nets by other state agencies. The department may authorize the use of gill nets by other state agencies for purposes of scientific research or public safety projects.

SUBCHAPTER 3
ENDANGERED SPECIES; MANAGEMENT AND RESEARCH

§12801. Declaration of purpose

     The Legislature finds that various species of fish or wildlife have been and are in danger of being rendered extinct within the State of Maine, and that these species are of esthetic, ecological, educational, historical, recreational and scientific value to the people of the State. The Legislature, therefore, declares that it is the policy of the State to conserve, by according such protection as is necessary to maintain and enhance their numbers, all species of fish or wildlife found in the State, as well as the ecosystems upon which they depend.

§12802.   Commissioner's authority, investigations and programs

     1. Investigations. The commissioner may conduct investigations in order to develop information relating to population size, distribution, habitat needs, limiting factors and other biological and ecological data relating to the status and requirements for survival of any resident species of fish or wildlife, whether endangered or not.

     2. Programs. The commissioner may develop programs to enhance or maintain the populations described in subsection 1.

§12803. Designation of endangered species

     1. Standards. The commissioner shall recommend a species to be listed as endangered or threatened whenever the commissioner finds one of the following to exist:

     2. Commissioner's duties. In recommending a species to be listed as endangered or threatened, the commissioner shall:

     3. Legislative authority. The Legislature, as sole authority, shall designate a species as state endangered or state threatened species. The list of state endangered or state threatened species is as follows:

Common Name

Scientific Name

Status

Least Tern

Sterna albifrons

Endangered

Golden Eagle

Aquila chrysaetos

Endangered

Piping Plover

Charadrius melodus

Endangered

Sedge Wren

Cistothorus platenis

Endangered

Grasshopper Sparrow

Ammodramus savannarum

Endangered

Box Turtle

Terrapene carolina

Endangered

Black Racer

Coluber constrictor

Endangered

Roseate Tern

Sterna dougallii

Endangered

Northern Bog Lemming

Synaptomys borealis

Threatened

Loggerhead Turtle

Caretta caretta

Threatened

Blanding's Turtle

Emydoidea blandingii

Endangered

Black Tern

Chlidonias niger

Endangered

American Pipit

Anthus rubescens

Endangered

Peregrine Falcon

Falco peregrinus

Endangered

Flat-headed Mayfly

Epeorus frisoni

Endangered

Ringed
Boghaunter

Williamsonia lintneri

Endangered

Clayton's
Copper

Lycaena dorcas claytoni

Endangered

Edwards' Hairstreak

Satyrium edwardsii

Endangered

Hessel's
Hairstreak

Mitoura hesseli

Endangered

Katahdin Arctic

Oenis polixenes katahdin

Endangered

Spotted Turtle

Clemmys guttata

Threatened

Bald Eagle

Haliaeetus leucocephalus

Threatened

Razorbill

Alca torda

Threatened

Atlantic Puffin

Fratercula arctica

Threatened

Harlequin Duck

Histrionicus histrionicus

Threatened

Arctic Tern

Sterna
paradisaea

Threatened

Upland Sandpiper

Bartramia longicauda

Threatened

Swamp Darter

Etheostoma fusiforme

Threatened

Tidewater Mucket

Leptodea ochracea

Threatened

Yellow Lampmussel

Lampsilis cariosa

Threatened

Tomah Mayfly

Siphlonisca aerodromia

Threatened

Pygmy Snaketail

Ophiogomphus howei

Threatened

Twilight Moth

Lycia rachelae

Threatened

Pine Barrens Zanclognatha

Zanclognatha martha

Threatened

     4. Process for recommendation; notice and hearings. Prior to recommending an addition, deletion or other change to the endangered and threatened species listed in subsection 3, the commissioner shall provide for public notice and public hearings on that proposed recommendation in accordance with the provisions of Title 5, chapter 375, subchapter 2.

     5. Designation by Legislature. The Legislature may not amend the list of endangered or threatened species in subsection 3 except upon the recommendation of the commissioner.

§12804. Conservation of endangered species

     1. Conservation of nongame and endangered species. The commissioner may establish such programs as are necessary to bring any endangered or threatened species to the point where it is no longer endangered or threatened, including:

     2. Habitat. For species designated as endangered or threatened under this subchapter the commissioner may, by rule, pursuant to Title 5, chapter 375, identify areas currently or historically providing physical or biological features essential to the conser-vation of the species and that may require special management considerations.

     3. Protection guidelines. The commissioner may, by rule, pursuant to Title 5, chapter 375, develop guidelines for the protection of species designated as endangered or threatened under this subchapter.

     4. Annual report. The commissioner shall submit a written report by January 1st of each year to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters describing the status of all current and planned programs, activities and rules of the department pertaining to the conservation or management of endangered or threatened species. When appropriate, this report may be combined with any transplantation report required under subsection 1, paragraph D.

§12805. Cooperative agreements

     The commissioner may enter into agreements with federal agencies, other states, political subdivisions of this State or private persons for the establishment and maintenance of programs for the conservation of endangered or threatened species and may receive all federal funds allocated for obligations to the State pursuant to these agreements.

§12806. State and local cooperation

     1. Review. A state agency or municipal government may not permit, license, fund or carry out projects that will:

The commissioner shall make information under section 12804 available to all other state agencies and municipal governments for the purposes of review.

     2. Variance. Notwithstanding subsection 1, state agencies and municipal governments may grant a variance from this section provided that:

     3. Pending applications. Notwithstanding Title 1, section 302, applications pending at the time of adoption of habitats and guidelines under section 12804, subsections 2 and 3 are governed by this section.

§12807. Introduction of wolves to State; approval

     A person may not release a wolf in the State for the purpose of reintroducing that species into the State without the prior approval of both Houses of the Legislature and the commissioner.

     A person who violates this section commits a Class E crime.

§12808.    Misuse of endangered or threatened species

     For the purposes of this section, "to take," "take" and "taking" mean the intentional or negligent act or omission that results in the death of any endangered or threatened species.

     1. Misuse of endangered or threatened species. Except as provided in subsections 2 and 3, a person may not:

A person who violates this subsection commits a Class E crime.

     2. Exceptions for certain purposes. Notwithstanding subsection 1 or section 10602 as it applies to rules adopted in accordance with this subchapter, the commissioner may:

     3. Exceptions; incidental take plan. Notwithstanding subsection 1, the commissioner may:

The department shall seek input from knowledgeable individuals or groups on each incidental take plan for endangered or threatened species.
If any person fails to abide by the terms of any permit authorizing the incidental taking of an endangered or threatened species, the permit must be immediately suspended or revoked.
§12809. Judicial enforcement

     1. General. In the event of a violation of this subchapter, any rule adopted pursuant to this subchapter or any license or permit granted under this subchapter, the Attorney General may institute injunctive proceedings to enjoin any further violation, a civil or criminal action, or any appropriate combination of those proceedings without recourse to any other provision of law administered by the department.

     2. Restoration. The court may order restoration of any area affected by any activity found to be in violation of this subchapter, any rule adopted pursuant to this subchapter or any license or permit granted under this subchapter, to its condition prior to the violation or as near to that condition as possible. When the court finds that the violation was willful, the court shall order restoration under this subchapter, unless the restoration would result in:

SUBPART 5
GUIDES, OUTFITTERS AND TAXIDERMISTS
CHAPTER 927
GUIDES AND TRIP LEADERS

§12851. Commissioner's authority to adopt rules

     The commissioner shall, pursuant to Title 5, chapter 375, with the advice and consent of the Advisory Board for the Licensing of Guides, adopt rules necessary to administer this chapter. The commissioner shall establish safety standards to provide the clients of guides reasonable protection from hazards. The commissioner may adopt rules in the following areas.

     1. Alcohol; drugs. The commissioner may require applicants to state whether they use alcohol or other drugs in a way that would interfere with their competence as guides.

     2. Failure to meet party. The commissioner may require applicants who have previously held a guide license to state that they have not received and retained a guiding fee from a party and then failed to meet that party as agreed or failed to provide the services as agreed.

     3. Competency. The commissioner may establish standards of competency that must be provided to each applicant.

     4. Watercraft. The commissioner may establish standards for the use of watercraft by a guide to ensure that the watercraft is safe for the use intended, that sufficient safety equipment is provided to each passenger and that the operator is competent to use watercraft.

     5. Classification. The commissioner may establish classifications of guide licenses, including general guides and specialized categories.

     6. Other. The commissioner may establish rules in any area as the commissioner considers necessary to administer this chapter, except that the commissioner may not require an applicant to demonstrate certification in cardiopulmonary resuscitation.

§12852.    Rule violations; licensed guides and trip leaders

     Notwithstanding section 10602, a person who violates a rule regulating licensed guides or camp trip leaders and course instructor certificates commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12853.    License, fees and requirements; camp trip leader exception

     1. Requirement. Except as provided in subsection 7, a person may not act as a guide without a valid license issued under this chapter. A person violates this subsection each day the person acts as a guide without a valid license issued under this chapter.

     2. Violation. A person who violates subsection 1 commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment of 3 days, none of which may be suspended. The court shall also impose a fine of $1,000, none of which may be suspended.

     3. New applications. A person wishing to be licensed as a guide shall submit an application to the commissioner.

     4. Qualifications. In order to qualify for a guide license, a person must:

For purposes of this subsection, "first-time applicant" means an applicant who has not previously been issued a guide license in this State.

     5. Fee. The fee for a 3-year guide license is $79.

     6. Term of license. A guide license entitles a person to act as a guide through December 31st of the 2nd complete year following the year of issuance.

     7. Exception. A person holding a camp trip leader permit under section 12860 may, without a guide license, conduct trips including adults under the auspices of the boys and girls camp that employs those adults, subject to all the requirements of section 12860.

§12854. Guides carrying passengers for hire

     A guide carrying passengers for hire must be certified in the area of watercraft safety. A guide who has been certified in watercraft safety through the guide license examination process is authorized, without further licensing requirements, to operate a motorboat carrying passengers for hire pursuant to section 13063, subsection 2. A guide license issued to a guide who has been certified in watercraft safety must clearly indicate that the licensee is authorized to operate a motorboat carrying passengers for hire.

§12855. Examination

     1. Requirement. In order to qualify for a guide license, a person who has not held a valid guide license within the previous 3 years must pass an examination pursuant to this section.

     2. Form. The commissioner shall determine the form and content of the examination.

     3. Location. The commissioner shall designate locations where the examination will be held, except the examination must be held in one of the Inland Fisheries and Wildlife regions if at least 10 applicants reside in that region.

     4. Reexamination. The commissioner may require a guide to be examined or reexamined if the commissioner receives a written complaint and, upon investigation, believes that the guide no longer meets the guide qualifications.

     5. Fee. The examination fee is $100. An applicant may retake the examination once without paying an additional fee. The fee is nonrefundable.

     6. Oral examination. If an oral examination is administered, the examination must be conducted by at least 2 trained examiners designated pursuant to section 10153, subsection 2, paragraph D who are approved by the commissioner or members of the Advisory Board for the Licensing of Guides.

§12856.   Approved curriculum for licensed Maine guides

     The commissioner shall approve a curriculum designed to prepare persons for the guide examinations. This curriculum must cover practical skills, fisheries and wildlife laws and other aspects important for the guiding profession. The commissioner shall convene an ad hoc advisory board, as defined under Title 5, section 12008, to develop the curriculum. Nonagency members must be compensated according to Title 5, chapter 379. The commissioner also shall consult with the Department of Education in developing the curriculum.

§12857. Hiring guide

     1. Prohibition. A person may not hire another person as a guide if the hiring person has knowledge that the person does not hold a valid guide license.

     2. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12858. Guide license violations

     1. Guide license violations. A person licensed as a guide:

     2. Civil violations. A person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged if:

     3. Criminal violations. A person who violates subsection 1, paragraph A, if the violation committed by the client is a criminal violation, commits a Class E crime.

§12859. Junior Maine guides

     1. Eligibility. To qualify as a junior Maine guide, a person must be at least 14 years of age and under 18 years of age, meet the requirements established by the commissioner and pass the required examinations.

     2. Restrictions. A junior Maine guide is not authorized to provide guiding services.

§12860. Trip leader permit

     1. When permit required. Boys and girls camps licensed by the Department of Human Services, or located in another state and licensed in a similar manner, if the laws of the other state so require, conducting trip camping shall:

     2. Application. A person wishing a trip leader permit shall submit an application on forms provided by the commissioner and shall pay the application fee.

     3. Qualifications. To qualify initially for a trip leader permit, an applicant must:

     4. Special waiver. Waiver of the course requirement by the commissioner on the basis of the applicant's experience and payment of the application fee qualifies the applicant for a trip leader permit.

     5. Curriculum. With the advice of the Junior Maine Guides and Trip Leaders Curriculum Advisory Board, the commissioner shall review and adopt a trip leader safety course curriculum that includes, but is not limited to:

The commissioner shall publish the curriculum adopted or approved by the Junior Maine Guides and Trip Leaders Curriculum Advisory Board and a current list of courses, with the approved curriculum, by name and address.

     6. Fee. The initial qualifying fee for a trip leader permit is $18. The permit may be renewed upon payment of $13 if requirements of the department are met.

     7. Enforcement. Wardens of the department, the rangers of the Bureau of Forestry and rangers of the Department of Conservation, Bureau of Parks and Lands may enforce this section and may terminate any trip that is considered unsafe or in violation of this section. The commissioner shall adopt standards for what is considered an unsafe trip. The commissioner shall consider previous violations of this section when issuing or reissuing trip leader permits.

CHAPTER 929
WHITEWATER RAFTING

§12901. Definitions

     As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

     1. Affiliated group. "Affiliated group" means one or more affiliated outfitters and the outfitter or outfitters with which they are affiliated.

     2. Affiliated outfitter. "Affiliated outfitter" means:

A person may not be found to be an affiliated outfitter solely because of blood relationship, marriage or previous employment. If the department transfers a selling outfitter's allocation to a buying outfitter or outfitters, pursuant to section 12907, subsection 7, these transferred allocations must be added to the buyer's allocations and may not be considered as affiliated.

     3. Allocation. "Allocation" means the privilege of taking a specified number of passengers per day on whitewater trips on a particular river, as specified annually.

     4. Commercial. "Commercial" means for financial compensation or other remuneration.

     5. Commercial whitewater outfitter; outfitter. "Commercial whitewater outfitter" or "outfitter" means a person who conducts commercial whitewater trips or who collects dues or fees or receives any form of compensation for providing whitewater rafting services or for operating a whitewater rafting organization.

     6. Demonstrated use. "Demonstrated use" means for a given outfitter for a given river the average number of passengers carried on the 10 Saturdays or Sundays with greatest use during the year.

     7. Financial interest. "Financial interest" means any voting or nonvoting security, partnership interest whether limited or general, trust interest, joint venture interest or any other beneficial interest in any form of business association.

     8. Person. "Person" means an individual, corporation, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest, or any other legal or commercial entity.

     9. Rapidly flowing river. "Rapidly flowing river" means a river or stretch of a river with rapids classified as class IV or higher by the department according to the International River Classification System or a river or stretch of a river designated by the department by rule on the basis of public safety, including, but not limited to, the Kennebec River between Harris Station and West Forks and the West Branch Penobscot River between McKay Station and Pockwockamus Falls.

     10. Whitewater craft. "Whitewater craft" means any raft, dory, bateau or similar watercraft that is used to transport passengers along rapidly flowing rivers but does not include canoes or kayaks.

     11. Whitewater guide. "Whitewater guide" means a person who receives any remuneration for accompanying, assisting or instructing passengers on the river on whitewater trips and who holds a current whitewater guide's license.

     12. Whitewater trip. "Whitewater trip" means a commercial effort to transport passengers by means of a whitewater craft on rapidly flowing rivers, except commercial efforts by guides licensed under section 12853 to transport clients by means of a whitewater craft on rapidly flowing rivers while principally engaged in fishing.

§12902. Legislative findings

     The Legislature finds that the recreational use of watercraft on rapidly flowing rivers in this State has become an increasingly popular sport. Many members of the public rely on commercial whitewater outfitters to provide safe and enjoyable trips on these rivers. This sport may pose significant risks to the users of these rivers if outfitters are not skilled and knowledgeable in the navigation of those rivers and are not properly regulated.

     The Legislature further finds that increased use of the State's rapidly flowing rivers has increased the environmental, physical and social burdens on that resource.

     The Legislature further finds that it is in the public interest for the State, as trustee of the public waters, to regulate commercial whitewater rafting, pursuant to: the State's authority to protect the health, safety and welfare of its citizens; the State's authority to protect its natural resources or rapidly flowing rivers; and the State's authority over the care, supervision and protection of navigation.

     The Legislature further finds that, in exercising this authority, it is in the public interest for the State to adopt measures to ensure the competence of commercial whitewater outfitters; to adopt recreational use limits; and to allocate the privilege of commercial use where necessary to meet the objectives and goals of this chapter.

     The Legislature further finds that it is in the public interest to allow stable, well-qualified outfitters who are providing excellent service and meeting the conditions of their allocations to continue to do so, subject to periodic review.

§12903. River management objectives

     The following objectives are established for management of rapidly flowing rivers for the benefit of the people of the State:

     1. Safety and health requirements. To ensure that safety and health requirements are met by all river users;

     2. Minimize environmental impact. To minimize environmental impact on the rivers and the river corridors, including access roads;

     3. Recreational use. To allow a reasonable level of recreational use;

     4. Quality wilderness experience. To maintain a quality wilderness experience on the rivers;

     5. Multiple uses. To minimize conflicts between different uses of the rivers in order to allow for multiple use;

     6. Diversity of whitewater experiences and services. To encourage a diversity of whitewater trip experiences and services;

     7. River use and impact. To monitor river use and its impact;

     8. Communication. To encourage open communication with all river users, both groups and individuals, on river management matters; and

     9. System of allocating river use. To provide a system of allocating river use that is simple and fair and that meets the specific goals of section 12913.

§12904. Exceptions

     This chapter does not apply to the operation of canoes or kayaks. This chapter does not apply to guides or camp trip leaders licensed under chapter 927 or motorboat operators licensed under chapter 935, unless those persons are in the business of conducting commercial whitewater trips.

§12905. General penalty

     Except as otherwise specified, a violation of this chapter is a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     The penalty for failure to comply with or for providing false information under this chapter includes nonrenewal, revocation or suspension of an outfitter's or whitewater guide's license or allocation or both, subject to the procedures of Title 5, chapter 375.

§12906. Rule violations; whitewater rafting

     Except as provided in section 12910 and notwithstanding section 10602, a person who violates a rule regulating commercial whitewater rafting commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12907.   Commercial whitewater outfitters; license and requirements

     1. Requirement. Every commercial whitewater outfitter must have a commercial whitewater outfitter's license. An outfitter may not operate a commercial whitewater trip without a license. A person who violates this subsection commits a Class E crime.

     2. Issuance; term. The commissioner may issue a commercial whitewater outfitter's license to conduct commercial whitewater trips. A license is issued for the calendar year.

     3. Insurance requirements. An outfitter shall carry liability insurance covering the operation of whitewater trips and motor vehicles carrying passengers. The department shall establish, by rule, the minimum limits of liability insurance.

     4. Fee. The annual basic fee for a commercial whitewater outfitter's license must be set by the department and adjusted biennially by rule to reflect the actual cost of administering the license program. The fee for reissuance of a license is equal to the annual basic fee for a license.

     5. Nonrenewal, suspension or revocation. A commercial whitewater outfitter's license is subject to nonrenewal, suspension or revocation for good cause shown, including, but not limited to, unsafe practices, falsifications of reports or serious or continued violation of this chapter, subject to Title 5, chapter 375.

     6. Sale of business. When a licensed outfitter's business is sold, the commercial whitewater outfitter's license must be returned to the department. On application, the license must be reissued to the purchaser, as long as the purchaser meets the licensing requirements of the department and pays the license fee. A person may not profit on the return and reissuance of the license itself, but nothing in this chapter may be construed to prohibit profit on the sale of any of the assets of a business. The license is not an asset and may not be transferred as part of a sale or transaction. The department may require an affidavit from the purchaser to aid in enforcement of this provision.

     7. Sale of business; allocations. When a licensed outfitter's business is sold, the selling outfitter's allocations or portions of the allocations subject to the sale must be returned to the department. An outfitter who purchases the business of another outfitter whose commercial whitewater outfitter's license has been returned to the department as provided in subsection 6 has 60 days from the date of sale to submit an affidavit applying for the selling outfitter's allocation, ensuring that the level and quality of services of the selling outfitter will be maintained. On application to the department, allocations may be reissued to the purchaser, as long as the purchaser meets the licensing and allocation requirements of the department and pays the license and allocation fees. The allocations are not assets of a business. Allocations or portions of the allocations may be transferred, pursuant to this chapter, from a selling outfitter to one or more purchasers only if the selling outfitter's allocations or portions of the allocations subject to the sale are returned to the department. An outfitter may not receive more than the maximum allocations allowed under section 12913, subsection 3. When allocations are forfeited or when new allocations become available as a result of increases in the commercial use limits on an allocated river, the department shall sell those allocations at public auction to qualified recipients. Net proceeds from the sale of allocations must be paid to the Whitewater Rafting Fund established under section 10259.

     8. Affiliated outfitters. An affiliated outfitter may be licensed, but is subject to additional allocation restrictions. An application for allocations must contain a declaration of the extent of affiliation, as defined in section 12901, subsection 2, or a declaration of nonaffiliation and a statement disclosing any relationship with other licensed outfitters, including the giving or receipt of equipment, materials or other assistance. The department may require submission of any books, memoranda, papers or accounts it reasonably believes necessary to determine whether a person seeking an allocation is an affiliated outfitter. Any books, memoranda, papers or accounts submitted pursuant to this subsection are confidential and may be made available only to persons involved in determining affiliation and only for that purpose, unless they are submitted for another purpose.

     9. Limitation. This chapter may not be construed as revoking any right of passage or access created by statute, contract or operation of law or as creating any such right for any outfitter or any associates or customers of any outfitter upon the project or project works of any licensee of the Federal Energy Regulatory Commission, as the terms "project" and "project works" are defined in United States Code, Title 16, Section 796 (11) and (12), respectively.

§12908.    Noncommercial organization that collects dues or fees

     Notwithstanding section 12901, subsection 5, an organization that collects dues or fees may conduct rafting trips on rapidly flowing rivers without obtaining a commercial whitewater outfitter's license if the commissioner determines under this section that the organization is a noncommercial organization. An organization is a "noncommercial organization" if the commissioner determines that the organization is:

     1. Tax-exempt nonprofit corporation formed before March 1, 1996. A nonprofit corporation incorporated before March 1, 1996, including any council, troop or other organized local group affiliated with the corporation, that collects dues or fees from its members and for which conducting whitewater rafting is incidental to the purpose of the corporation. The organization wishing to conduct a rafting trip on a rapidly flowing river without a commercial whitewater outfitter's license under this subsection shall file a written request with the commissioner at least 15 days before conducting that trip. The request must include the name of the organization conducting the trip and the time, location and number of persons participating in the trip. The commissioner may request any additional information from the organization necessary to make a determination under this subsection. Notwithstanding any other provision of this section, the commissioner may not allow any council, troop or other organized local group affiliated with the corporation to conduct more than 2 whitewater rafting trips in any one calendar year without obtaining a commercial whitewater outfitter's license; or

     2. Noncommercial whitewater rafting club. A qualifying noncommercial whitewater rafting club. A "qualifying noncommercial whitewater rafting club" is a group that collects dues or fees from its members and that the commissioner determines to be organized solely to provide noncommercial whitewater rafting opportunities to its members. To be considered under this subsection, a club must provide to the commissioner the following information before January 1st of each year:

     When authorizing a noncommercial organization under this section to conduct whitewater rafting trips without a commercial license, the commissioner shall, when the commissioner determines necessary, place limits on that organization's whitewater rafting activities, including limits on the time and location of rafting activities, the number of persons that may participate in those rafting activities and the safety equipment required for rafting trips. The commissioner may reject a request under this section if the commissioner determines that granting the request would conflict with the river management objectives set forth in section 12903.

§12909. Whitewater guide license

     1. Eligibility. A person may not act as a whitewater guide unless that person is 18 years of age or older and has procured a license from the commissioner pursuant to this section.

     2. Rules. The commissioner shall by rule establish the requirements for a whitewater guide's license.

     3. Examination. All initial applicants for a whitewater guide's license are required to pass an examination developed and administered by the commissioner.

     4. Fee. The fee for an examination is $100 and is not refundable. An applicant may retake the examination once without paying an additional examination fee. A whitewater guide's license is a 3-year license. The fee for a whitewater guide's license is $87.

     5. Renewal. A whitewater guide whose license is not suspended or revoked may renew that license upon the payment of the license fee. An examination is required for any person who has not held a valid whitewater guide's license within the previous 3 years.

§12910. Safety; order of launch; safety committee

     1. Whitewater trip safety restrictions. The commissioner shall by rule establish safety restrictions for whitewater trips. A person who violates safety restrictions established pursuant to this subsection commits a Class E crime.

     2. Order of launch. Launch order of commercial whitewater outfitters on a particular river or portion of river may be determined and enforced by the department to protect public health and safety. The department shall provide for the outfitters to choose, in the order of their first documented dates of continuous commercial operation on the particular river or portion of river, their preferred launch positions. To facilitate that determination, each outfitter shall submit a sworn affidavit to the department stating the date the outfitter first began continuous commercial operation.

     3. Whitewater Safety Committee. The Whitewater Safety Committee established by Title 5, section 12004-I, subsection 70 shall advise the commissioner in establishing and reviewing safety requirements for whitewater trips, developing a safety information program and reviewing the safety record of whitewater guides and outfitters. The committee shall submit a written report annually on each outfitter's safety record to the commissioner.

     4. Safety reports. Each commercial whitewater outfitter shall submit safety reports on forms provided by the commissioner as follows:

§12911. Recreational use limits

     1. Findings and goals. Increased use has resulted in increased environmental impact on the Kennebec River and the West Branch Penobscot River, as well as on their valleys, nearby roads and the social structure of the areas. Recreational use limits are necessary to allow for rafting use and other competing uses, such as fishing, camping and canoeing, while minimizing detrimental impacts and maintaining the opportunity for a quality wilderness experience for rafters and for other users.

     2. Kennebec River. The recreational use limit on the Kennebec River between Harris Station and West Forks is 1,000 commercial passengers per day. Noncommercial recreational use is not limited.

     3. West Branch Penobscot River. In order to allow free time for other uses, whitewater craft are only allowed on the West Branch Penobscot River between McKay Station and Pockwockamus Falls between 8:30 a.m. and 5:00 p.m.

The recreational use limit of the West Branch Penobscot River between McKay Station and Pockwockamus Falls is 560 commercial passengers per day. Noncommercial recreational use is not limited.
§12912. Rapidly flowing rivers

     1. User fee. Each outfitter shall pay a user fee of $1 per passenger, excluding guides, carried by the outfitter on any rapidly flowing river. This fee must be paid by the 30th day of the month following the month in which the passengers were carried.

     2. Reporting. Each outfitter shall report monthly to the department the number of passengers carried each day on each rapidly flowing river. This report must be accurate and be submitted by the 30th day of the month following the month in which the passengers were carried.

     3. Passenger limitation. Except as provided in this subsection, an outfitter may not carry on any rapidly flowing river more than 92 passengers per day or more than the allocations for that outfitter's largest single day on that river, whichever number is greater. On allocated days, that limit may be exceeded only as provided in section 12913, subsection 7, paragraph C. On unallocated days, an outfitter may occasionally carry up to 4 additional passengers to accommodate problems in booking. Abuse of this privilege results in its loss.

§12913. Allocation system

     1. Goals. The goals of the allocation system are:

     2. Allocation required; affiliated outfitters restricted. Except as provided in subsection 7, a person may not operate a commercial whitewater trip on the Kennebec River between Harris Station and West Forks or on the West Branch Penobscot River between McKay Station and Pockwockamus Falls without an allocation or in excess of an allocation. An allocation is not required for other rivers or for other stretches of those rivers. Not more than one member of an affiliated group may conduct whitewater trips on any river or stretch of river for which a specific allocation is required, including on days for which an allocation is not required.

Three or more years after the period of affiliation, the department may, in its discretion, consider requests by any former member of an affiliated group to run passengers on allocated rivers. The burden rests on the former member of an affiliated group to demonstrate that the reasons for any finding of affiliation have so diminished in effect that the public interest will be served by considering the former member's request to run passengers on an allocated river.

     3. Allocations, maximum, minimum. The department may allocate the privilege to conduct whitewater trips to licensed outfitters. The maximum allocation for an outfitter is 120 passengers per day. The minimum allocation to be awarded is 10 passengers per day on the Kennebec River and 16 passengers per day on the West Branch Penobscot River. The total number of allocations issued for an allocated day may not exceed the recreational use limits established in section 12911. The department may declare a day to be an allocated day when the department determines that the regular and persistent use of the river on that day from year to year may exceed the recreational use limits for that day.

     4. Conditions for holding allocations. Allocations are a privilege extended by the State for the use of a limited public resource. The department may suspend, revoke or reduce the number of allocations when it is advisable to do so for better management of the resource or for protection of public safety and welfare. An outfitter's allocations are subject to forfeiture or suspension by the department if the outfitter fails to maintain the conditions of its license, fails to continue using its allocations productively or fails to maintain a quality of service consistent with the public interest.

     5. Allocation criteria. The department may adopt rules specifying a schedule for reviewing outfitters who hold allocations and setting forth the criteria for awarding allocations. An outfitter shall submit periodic public reports to the department documenting river use for both allocated and unallocated days. If the department determines that additional allocated days are required, the allocation of trips on any such additional day must be distributed among existing licensed outfitters, upon payment of the appropriate allocation fee, in accordance with their percentage of total use averaged over the rafting season on that rapidly flowing river on that particular day, up to the limit on allocations established in subsection 3.

     6. Allocation fee. An outfitter shall pay the department an annual allocation fee, for either river when allocations are required, of $250 per unit of 20 passengers or less allocated per day on either river in excess of a single unit on a single river. This may be in quarterly payments, beginning 30 days after the allocation is awarded. The maximum allocation fee is $2,625 for the privilege of carrying 120 passengers per day on both rivers.

     7. Exceptions. The following exceptions apply to allocations.

     8. Noncommercial whitewater rafting trips; prior registration required. A person without a commercial whitewater outfitter's license using a whitewater craft on any stretch of river for which a specific allocation is required, and including days for which an allocation is not required, shall file, prior to launching the craft, a noncommercial trip registration form with the department. The form must state that the person's use of whitewater craft on this river stretch does not constitute a commercial whitewater trip as defined in section 12901 and must be signed by all persons using the craft.

CHAPTER 931
TAXIDERMISTS AND HIDE DEALERS

§12951. Rule violations; taxidermy

     Notwithstanding section 10602, a person who violates a rule regulating taxidermy commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12952. Taxidermy; general provisions

     1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

     2. Permitted activities. The holder of a taxidermist license may:

     3. Records. The holder of a taxidermist license shall keep a true and complete record, in such form as required by the commissioner, of all activities conducted by virtue of the taxidermist license. The record must be open for inspection by any agent of the commissioner during normal business hours. The license holder shall file a copy of the record with the commissioner no later than 10 days after the end of the year during which the license is valid.

     4. Competency standards. The commissioner shall establish standards of competency for the practice of taxidermy and shall provide a copy of these standards to each applicant for a taxidermy license.

     5. Rules. The commissioner may, pursuant to the Maine Administrative Procedure Act, adopt rules to implement the provisions of this section and sections 10155, 10909 and 12953.

§12953. Licensure

     1. License required. In order to safeguard the life, health and welfare of the people of this State, a person may not practice the art of taxidermy for commercial purposes unless that person holds a valid taxidermist license as provided in 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. License qualifications. To be eligible for a taxidermist license issued pursuant to this section, an applicant must:

     3. License application. An applicant for a license must submit a written application to the commissioner on a form prescribed by the commissioner. The commissioner may require an applicant who has previously held a taxidermist license to provide a notarized statement indicating that the person has not failed to provide services to a customer as promised through a contractual agreement with that customer.

     4. Examination. An applicant for a license shall appear at a time and place designated by the commissioner to be examined by means of written, practical and oral tests as the commissioner determines. The commissioner shall determine the form and content of examinations.

     5. Reexamination. The commissioner may require a taxidermist to be reexamined if the commissioner receives a written complaint and, upon investigation, finds that the taxidermist no longer meets the qualifications to be licensed as a taxidermist.

     6. Fee. License applicants who successfully meet the qualifications set forth in this section must be issued a license upon payment of a $65 fee. This fee is in addition to the $10 examination fee.

     7. Annual renewal of license; fees; effect of failure to renew. Licenses issued pursuant to this section run for the current year until the 30th day of June following the date of the issuance, on which date the license terminates unless sooner revoked. Subject to any revocation or suspension, the license or permit may be renewed annually upon application by the licensee accompanied by a $75 license fee.

§12954. Hide dealer's license

     1. License required. Except as provided in subsection 6 and section 12955, a person may not engage in any activity for which a hide dealer's license may be issued under subsection 2 without a valid hide dealer's license.

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 hide dealer's license permitting a person to commercially:

     3. Expiration. All licenses issued under this section are valid for one year commencing July 1st of each year.

     4. Fee. The annual fees for hide dealer licenses are:

     5. Restrictions. A licensee shall keep a true and complete record, in such form as is required by the commissioner, of all heads, hides and bear gall bladders purchased. The record must be open for inspection by the commissioner or the commissioner's agent and must be filed with the commissioner on or before June 30th of each year.

     6. Exception. The following are exceptions to the license requirements set forth in this section.

     7. Licensing violation. Each day a person violates a restriction of a license issued under this section that person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12955. Special hide dealer's license

     1. License required. A person may not engage in an activity for which a special hide dealer's license may be issued under subsection 2 without a valid special hide dealer's license unless the person holds a valid license issued under section 12954.

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 special hide dealer's license to any person who maintains a place of business for the butchering of wild animals within this State. The special hide dealer's license permits a holder commercially to sell or barter the heads or untanned hides of deer or moose that are butchered in the license holder's place of business.

     3. Expiration. All licenses issued under this section are valid for a period commencing September 1st and ending December 31st of the year in which the license is issued.

     4. Fee. The annual fee for a special hide dealer's license is $10.

     5. Restrictions. A licensee shall keep a true and complete record, in such form as is required by the commissioner, of all hides bartered or sold. The record must be open for inspection by the commissioner or the commissioner's agent, and must be filed with the commissioner on or before February 1st of the following year.

     6. License violation. Each day a person violates a restriction of a license issued under this section that person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

SUBPART 6
RECREATIONAL VEHICLES
CHAPTER 933
GENERAL RECREATIONAL VEHICLE PROVISIONS

§13001. Definitions

     As used in this subpart, unless the context otherwise indicates, the following terms have the following meanings.

     1. Accompanied by adult. "Accompanied by an adult" means, with respect to operation of an ATV, within visual and voice contact and under the effective control of a child's parent or guardian or another person 21 years of age or older.

     2. Airmobile. "Airmobile" means any vehicle propelled by mechanical power that is designed to travel upon a cushion of air on or within 2 feet of the water or land surface of the earth.

     3. All-terrain vehicle or ATV. "All-terrain vehicle" or "ATV" means a motor-driven, off-road, recreational vehicle capable of cross-country travel on land, snow, ice, marsh, swampland or other natural terrain. "All-terrain vehicle" or "ATV" includes, but is not limited to, a multitrack, multiwheel or low-pressure tire vehicle; a motorcycle or related 2-wheel, 3-wheel or belt-driven vehicle; an amphibious machine; or other means of transportation deriving motive power from a source other than muscle or wind. For purposes of this subpart, "all-terrain vehicle" or "ATV" does not include an automobile as defined in Title 29-A, section 101, subsection 7; an electric personal assistive mobility device as defined in Title 29-A, section 101, subsection 22-A; a truck as defined in Title 29-A, section 101, subsection 88; a snowmobile; an airmobile; a construction or logging vehicle used in performance of its common functions; a farm vehicle used for farming purposes; or a vehicle used exclusively for emergency, military, law enforcement or fire control purposes.

     4. Alpine tundra. "Alpine tundra" means high-elevation, treeless areas beyond the timberline that are dominated by low herbaceous or shrubby vegetation and, specifically, areas that are designated as alpine tundra by the Department of Conservation by rule pursuant to Title 5, chapter 375, subchapter 2.

     5. Antique snowmobile. "Antique snowmobile" means a snowmobile more than 25 years old that is registered as an antique snowmobile under section 13104, subsection 5.

     6. Aquatic plant. "Aquatic plant" means a vascular plant species that requires a permanently flooded freshwater habitat.

     7. Bow. "Bow" means the forward half of a watercraft.

     8. Cowling. "Cowling" means the forward or rear portion of a snowmobile, usually of fiberglass or similar material, surrounding the motor and clutch assembly.

     9. Division. "Division" means the Department of Inland Fisheries and Wildlife, Division of Licensing and Registration.

     10. Dwelling. "Dwelling" means any building used as a permanent residence or place of domicile.

     11. Federal waters. "Federal waters" means all waters that are not internal waters and are subject to the jurisdiction of the United States.

     12. Freshwater marshes and bogs. "Freshwater marshes and bogs" means naturally occurring open areas with saturated soils or peat, often associated with standing water and dominated by low herbaceous vegetation, grasses, weeds and shrubs and including wetlands, as shown on the Freshwater Wetlands Map Series, Bureau of Geology and Natural Areas, Maine Geological Survey, or zoned as a Wetland Protection Subdistrict, P-WL, by the Maine Land Use Regulation Commission.

     13. Internal waters. "Internal waters" means waters under the exclusive jurisdiction of the State.

     14. Invasive aquatic plant. "Invasive aquatic plant" means a species of aquatic plant described in Title 38, section 410-N.

     15. Marina or boat yard owner. "Marina or boat yard owner" means a person who owns a facility that leases storage, docking or mooring space to watercraft.

     16. Motorboat. "Motorboat" means any watercraft, including airmobiles, equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion, is permanently or temporarily attached or is available for propulsion on the watercraft.

     17. Motorboat carrying passengers for hire. "Motorboat carrying passengers for hire" means a motorboat used for the purpose of carrying a person or persons as passengers for valuable consideration, whether directly or indirectly flowing to the owner, charterer, agent or any other person interested in the watercraft.

     18. Operate. "To operate," in all its moods and tenses, means:

     19. Operation. "Operation," when it refers to watercraft of any type or description, means the act of operating as defined in subsection 18.

     20. Operator. "Operator" means the person who is in control or in charge of a watercraft while it is in use.

     21. Owner. "Owner" means:

     22. Passenger. "Passenger" includes every person carried on board a watercraft other than:

     23. Personal watercraft. "Personal watercraft" means any motorized watercraft that is 14 feet or less in hull length as manufactured, has as its primary source of propulsion an inboard motor powering a jet pump and is capable of carrying one or more persons in a sitting, standing or kneeling position. "Personal watercraft" includes, but is not limited to, a jet ski, wet bike, surf jet and miniature speedboat. "Personal watercraft" also includes motorized watercraft whose operation is controlled by a water skier.

     24. Protective headgear. "Protective headgear" means a helmet that conforms with minimum standards of construction and performance as prescribed by the American National Standards Institute specification Z90.1 or by the Federal Motor Vehicle Safety Standard No. 218.

     25. Snowmobile. "Snowmobile" means a vehicle propelled by mechanical power that is primarily designed to travel over ice or snow and is supported in part by skis, belts or cleats.

     26. State of principal use. "State of principal use" means the state on whose waters a watercraft is used or to be used most during a calendar year.

     27. Use. "Use" means, with respect to watercraft, operate, navigate or employ.

     28. Watercraft. "Watercraft" means any type of vessel, boat, canoe or craft capable of being used as a means of transportation on water, other than a seaplane, including motors, electronic and mechanical equipment and other machinery, whether permanently or temporarily attached, that are customarily used in the operations of the watercraft. "Watercraft" does not include a vessel, boat, canoe or craft located and intended to be permanently docked in one location and not used as a means of transportation on water.

     29. Water safety zone. "Water safety zone" means the area of water within 200 feet of shoreline, whether the shoreline of the mainland or of an island.

     30. Waters of this State. "Waters of this State" means all internal waters and all federal waters within the jurisdiction of the State.

§13002. Collection by commissioner

     The commissioner or agents of the commissioner shall act on behalf of the State Tax Assessor to collect the use tax due under Title 36, chapters 211 to 225 in respect to any watercraft, snowmobile or ATV for which an original registration is required under this Title at the time and place of registration of that watercraft, snowmobile or ATV.

     All taxes collected pursuant to this section must be transmitted forthwith to the Treasurer of State and credited to the General Fund as undedicated revenue. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this section. Those administrative costs must be verified by the Department of Administrative and Financial Services.

     For purposes of this section, "original registration" means any registration other than a renewal of registration by the same owner.

§13003.    Payment of sales or use tax prerequisite to registration

     1. Registration of watercraft and ATV. An application for registration may not be granted in respect to any watercraft or ATV whose sale or use may be subject to tax under Title 36, chapters 211 to 225, except in the case of a renewal of registration by the same owner, unless and until one of the following conditions has been satisfied:

     2. Registration of snowmobile. Prior to registering a snowmobile, an agent of the commissioner shall collect sales or use tax due. Sales or use tax is due unless:

§13004. Collection by State Tax Assessor

     This section and sections 13002, 13003 and 13005 must be construed as cumulative of other methods prescribed in Title 36 for the collection of the sales or use tax. These sections may not be construed as precluding the State Tax Assessor's collecting the tax due in respect to any watercraft, ATV or snowmobile in accordance with such other methods as are prescribed in Title 36 for the collection of the sales or use tax.

§13005.    Certificates to be forwarded to State Tax Assessor

     An agent of the commissioner shall promptly forward all certificates submitted in accordance with section 13003 to the commissioner. The commissioner shall transmit all such certificates to the State Tax Assessor.

§13006. Impoundment of snowmobiles and ATVs

     When a law enforcement officer issues a summons for a violation under chapter 937 or 939, the officer may impound the ATV or snowmobile operated by the person who receives the summons if, in the judgment of the officer, based on actual previous offenses by the operator or other considerations, the operator will continue to operate the ATV or snowmobile in violation of chapter 937 or 939 and that operation may be a hazard to the safety of persons or property.

     The operator or owner of a snowmobile or ATV impounded under this section may reclaim the snowmobile or ATV at any time subsequent to 24 hours after the issuance of the summons upon payment of the costs of impoundment to the enforcement agency impounding the snowmobile or ATV.

CHAPTER 935
WATERCRAFT AND AIRMOBILES

§13051.    Commissioner's authority to regulate watercraft

     It is the Legislature's intent that any rule adopted under this section be in accord with federal regulations that are promulgated under the Federal Boat Safety Act of 1971, Public Law 92-75, as amended. The commissioner, acting jointly with the Commissioner of Marine Resources, may adopt and amend rules under the procedure provided in the Maine Administrative Procedure Act that are not inconsistent with this chapter:

     1. Administrative procedure. To further establish administrative procedure under this chapter;

     2. Appointment of watercraft registration agents; fees. Authorizing the commissioner to delegate the authority to issue watercraft registrations, subject to this subsection.

     3. Safe use and operation of watercraft. Governing the use and operation of watercraft upon the waters of the State to insure safety of persons and property;

     4. Safety equipment. Further governing safety equipment for watercraft, including the type, quality and quantity of that equipment;

     5. Horsepower. Governing the horsepower of motors used to propel watercraft on all internal waters of this State. In adopting these rules, the commissioner shall take into consideration the area of the internal waters, the use to which the internal waters are put, the depth of the water and the amount of water-borne traffic upon the waters and determine whether or not the rule is necessary to ensure the safety of persons and property. The adoption of rules under this subsection is governed by the Maine Administrative Procedure Act, except that such rules may be only adopted as a result of a petition from the municipal officers of the municipality or municipalities in which the waters exist or from 25 citizens of the municipalities in which the waters exist, by county commissioners of the county in which the waters exist if they are located in unorganized territory or 25 citizens of the unorganized territory in which the waters exist, requesting the issuance of such a rule for a particular body of internal water and stating the proposed horsepower limitation;

     6. Restrictions for airmobiles. Restricting the operation of airmobiles in fish or wildlife preserves, conservation areas or other areas where the operation may harm the natural environment; and

     7. Areas off limits to watercraft. To define areas off limits to all watercraft during time periods critical for wildlife protection.

     Rules adopted pursuant to this section must be written in a clear and easy-to-understand format for educational purposes. These rules must be attached to and distributed with each watercraft registration form together with a summary of the rules and information on how to prevent water contamination and minimize wildlife disturbance.

§13052.    Commissioner's powers and duties regarding watercraft

     1. Register watercraft. The commissioner shall annually register watercraft and issue certificates, licenses and permits as provided in this chapter.

     2. Promote safety. The commissioner shall promote safety for persons and property in connection with the use and operation of watercraft.

     3. Federal grants. The commissioner may participate in such federal grants in aid as may be forthcoming to the State from the federal Boat Safety Act of 1971, Public Law 92-75, as amended.

     4. Coast Guard report. The commissioner shall make an annual report to the Coast Guard as required under federal law of the certificates of number issued by the commissioner.

     5. Registration list distribution. The commissioner shall distribute a list of registrations issued as follows.

     6. Information to federal officials or agencies. The commissioner shall transmit any information compiled or otherwise available to the commissioner pursuant to section 13069, subsections 1 and 2 to an authorized official or agency of the United States, in accordance with any request duly made by that official or agency.

§13053.   Commissioner's authority to regulate airmobiles

     1. Rules. The commissioner shall adopt rules restricting the operation of airmobiles in areas where their use may be harmful. These rules must be adopted in accordance with Title 5, chapter 375 after public hearings in the areas affected.

     2. Minimum conditions. Rules adopted pursuant to subsection 1 must, at a minimum, establish conditions for the use of airmobiles in fish and wildlife preserves, conservation areas, coastal and inland wetlands and great ponds.

     3. Prohibitions. The commissioner shall prohibit airmobile use wherever it adversely affects fish and wildlife habitat, interferes with the operation of other watercraft, threatens public safety or adversely affects the natural environment.

§13054. Rule violations; watercraft

     Notwithstanding section 10602, a person who violates a rule regarding watercraft commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§13055.   Violation of license, permit or certificate restriction

     1. Prohibition. A person may not violate a restriction of a license, permit or certificate issued under this chapter.

     2. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§13056. Certificate of number

     1. Prohibition. A person may not:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     2. Motorboats requiring. Except as provided in this subsection, the owner of a motorboat, including an airmobile, used on the waters of the State as the state of principal use shall obtain a certificate of number for the motorboat from the commissioner. No certificate of number may be issued unless the owner submits proof that the watercraft excise tax, assessed under Title 36, chapter 112, has been paid or that the boat is exempt from the watercraft excise tax. The following motorboats are exempt from this subsection:

     3. Other watercraft may be numbered. Nothing in this section prohibits the numbering of any watercraft upon the request of the owner. The owner shall comply with all applicable requirements of this chapter if the owner chooses to number a watercraft.

     4. Application. The owner of a motorboat requiring or of a watercraft for which the owner wishes to request a certificate of number shall make application to the commissioner on forms approved by the commissioner. The application must show the legal residence of the applicant and the place where the watercraft is situated.

     5. Issuance. Upon receipt of the approved application with the proper fee, the commissioner shall enter the application upon the office records and issue the applicant a pocket-sized certificate of number stating:

The holder of any certificate of number issued under this chapter may obtain a duplicate validation sticker from the commissioner upon application and payment of the fee set forth in subsection 8.

     6. Certificate of number; term. A certificate of number is issued to the owner of a watercraft or a dealer for a specific calendar year and is valid through December 31st of the year for which it was issued.

     7. Numbers permanent. A number once awarded under this chapter to a motorboat remains with that boat until the boat is destroyed, abandoned, permanently removed or no longer principally used in this State, except that numbers that have been inactive for at least 7 years may be reissued by the division.

     8. Fees. The fees for each original or renewal certificate of number with 2 validation stickers are set out in this subsection.

Validation stickers are nontransferable.

     9. Renewal. The owner may renew the owner's certificate of number at expiration by stating the old number in the owner's application and paying the fee prescribed in subsection 8. The fee is the same fee the owner would pay for the original issuance.

     10. Transfer of ownership. Whoever transfers ownership of a motorboat for which a certificate of number has already been issued under this chapter and applies for a certificate of number for another motorboat is entitled to a new certificate of number upon payment of a transfer fee of $2 as set forth in subsection 8, paragraph E, provided the applicant returns to the commissioner the old certificate of number properly signed and executed, showing that ownership of the motorboat has been transferred.

     11. New ownership. If there is a change of ownership of a motorboat for which a certificate of number has previously been issued under this chapter, the new owner shall apply for a new certificate of number and set forth the original boat number in the application. The new owner shall pay the regular fee for the particular motorboat involved and is not entitled to the special transfer fee set forth in subsection 10.

     12. Restrictions. The following provisions must be observed.

     13. Termination of certificate of number. Under any of the following conditions, the certificate of number issued by the commissioner is terminated or invalidated:

The transfer of a partial interest that does not affect the original owner's right to operate the watercraft does not terminate or invalidate the certificate of number.
§13057. History of ownership

     1. Request. The commissioner or the commissioner's designee shall provide on request a written record of the history of past ownership of any watercraft that requires a certificate of number under this chapter. The request must be made on forms provided by the commissioner.

     2. Fee. The fee for providing the record pursuant to subsection 1 is $25 and must be submitted with the request form.

§13058. Lake and river protection sticker required

     1. Prohibition. A person may not operate a motorboat or personal watercraft on the inland waters of the State unless a lake and river protection sticker issued under subsection 3 is affixed to both sides of the bow above the water line and approximately 3 inches behind the validation sticker required under section 13056.

     2. Violation. A person who places a motorboat or personal watercraft upon the inland waters of the State without displaying a lake and river protection sticker as required by subsection 1 commits a civil violation for which a forfeiture of not less than $100 and not more than $250 per violation may be adjudged, except that a citation for a violation of this subsection may not be issued to a person who is also issued a citation at the same time for a violation of any other provision of this chapter regulating watercraft, other than section 13073. A forfeiture imposed under this subsection may not be waived by the court.

     3. Lake and river protection sticker. By January 1st of each year, the commissioner shall provide each agent authorized to register watercraft or issue licenses with a sufficient quantity of lake and river protection stickers for that boating season. The sticker must be in 2 parts so that one part of the sticker can be affixed to each side of the bow of a motorboat or personal watercraft. The fee for a sticker is $20 for a motorboat or personal watercraft not registered in the State and $10 for a motorboat or personal watercraft registered in the State. Each agent shall retain $1 for each sticker sold by that agent for which a fee is required. A motorboat or a personal watercraft owned by the Federal Government, a state government or a municipality is exempt from the fee established in this subsection.

     The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this section.

§13059. Dealer's certificate of number

     1. Application. Notwithstanding section 13056, subsection 2, a manufacturer or dealer of new or used motorboats who has a permanent place of business in this State for the manufacture or sale of motorboats may, instead of obtaining a certificate of number for each motorboat owned by the manufacturer or dealer, make application on forms provided by the commissioner for a dealer's certificate of number.

     2. Issuance. If the manufacturer or dealer making application under subsection 1 satisfies the commissioner that the applicant is qualified for a dealer's certificate of number, the commissioner shall issue the applicant a dealer's certificate of number containing the place of business of the applicant and a general distinguishing number in such form as determined by the commissioner.

     3. Fee. The fee for a dealer's certificate of number is $15 annually from each January 1st.

     4. Restrictions. The dealer or manufacturer who receives a dealer's certificate of number pursuant to this section shall display the number and validation stickers issued under the dealer's certificate of number on a motorboat being demonstrated or tested and may transfer that number from one motorboat owned by that dealer or manufacturer to another motorboat owned by that dealer or manufacturer by temporarily attaching removable plates on which a dealer's number and validation stickers may be painted or attached to the bow of any boat covered by the dealer's certificate of number.

§13060. Twenty-day boat number and registration

     1. Issuance. The commissioner may issue temporary 20-day boat numbers and registrations, referred to in this section as "20-day plates," to bona fide dealers who request them under such conditions as the commissioner considers necessary.

     2. Fee. The dealer shall pay to the commissioner $1 for each 20-day plate.

     3. Use of 20-day plates. Upon the sale or exchange by a dealer of any motorboat that requires a certificate of number, the new owner may secure from the dealer a temporary 20-day plate to operate the craft for 20 consecutive days after the date of sale in lieu of a permanent certificate of number as required in section 13056, as long as the new owner applies to the commissioner on the date of sale for a certificate of number.

     4. Restrictions. The following restrictions govern the use of 20-day plates.

§13061.    Permit to hold regatta, race, boat exhibition or water-ski exhibition

     1. Permit required. A person may not hold a regatta, race, boat exhibition or water-ski exhibition without a permit from the commissioner issued under subsection 2. A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     2. Issuance. The commissioner may issue a permit to a person permitting the person to hold a regatta, race, boat exhibition or water-ski exhibition on any of the internal waters of this State.

     3. Application. The person in charge of a regatta, race, boat exhibition or water-ski exhibition shall request the permit required under subsection 1 from the commissioner at least 15 days prior to the event. The request must be in writing and must set forth the date, time and location of the event. The person in charge of a proposed motorboat race shall send a letter of intent 60 days prior to the event to municipal officers of the municipality or municipalities in which the race will occur. A copy of the letter of intent must be forwarded to the commissioner with the request for a permit to hold any motorboat race.

     4. Restrictions. The following restrictions apply to permits issued under this section.

     5. Unlawfully crossing event area. Except in an emergency, an operator of a watercraft may not cross the area of a regatta, race, boat exhibition authorized under subsection 1 or water-ski exhibition when the warning flag required under subsection 4, paragraph B is displayed. A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§13062.   Certificate of number for motorboats carrying passengers for hire

     1. Certificate required. A person may not operate a motorboat carrying passengers for hire without a certificate of number as required under this section. A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more $500 may be adjudged.

     2. Application. Before a motorboat may carry passengers for hire, the owner of the motorboat shall apply for and obtain from the commissioner a certificate of number authorizing its use for that purpose. This section applies to all motorboats carrying passengers for hire as defined in section 13001, subsection 17, except those subject to federal inspection requirements that have or are required to have a current valid federal inspection certificate on board.

     3. Issuance. Before the certificate of number required under subsection 1 is issued, the owner shall satisfy the commissioner that the boat is safe to operate and will be maintained in safe condition.

     4. Examinations. The commissioner may cause a motorboat carrying passengers for hire to be examined from time to time.

§13063.   Operator's license to carry passengers for hire

     1. Prohibition. A person may not operate a motorboat carrying passengers for hire without an operator's license to carry passengers for hire as required in this section. A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     2. Application. Every operator of a motorboat, other than a licensed Maine guide certified in watercraft safety, carrying passengers for hire, except those operators who have been issued and have or are required to have in their possession a current valid federal operator's license, shall obtain an operator's license to carry passengers for hire from the commissioner as provided in this section before operating a motorboat carrying passengers for hire.

     3. Issuance. The commissioner shall issue the license to carry passengers for hire to applicants who have satisfactorily passed the examination.

     4. Fee. The fee for an operator's license to carry passengers for hire is $1.

     5. Renewal. The commissioner may grant a renewal of license to carry passengers for hire upon written application and payment of the $1 fee without examination.

     6. Expiration. Every license to carry passengers for hire expires on December 31st of the year for which issued.

§13064.    Certificate of number for motorboats rented or leased

     Before any motorboat is rented or leased, the owner of the motorboat shall obtain a certificate of number from the commissioner under section 13056.

§13065.    Personal watercraft rental agent certificate

     1. Prohibition. A person may not rent or lease a personal watercraft in violation of this section. This subsection does not apply to:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     2. Registration and issuance. Except as provided in this section, a person or business may not rent or lease a personal watercraft unless that person or business:

     3. Fee. The fee for a personal watercraft rental and leasing agent certificate is $25. The certificate is valid from January 1st to December 31st.

     4. Revocation of certificate. The commissioner may revoke a personal watercraft rental and leasing agent certificate issued pursuant to subsection 2 if the commissioner determines that the certificate holder:

§13066.    Displaying excise tax decal and maintaining list

     1. Failure to display excise tax decal. The owner of a watercraft shall display the excise tax decal, as required by Title 36, chapter 112. In all cases when the owner of a watercraft fails to display an excise tax decal as required under Title 36, chapter 112, the law enforcement officer discovering the failure shall notify the tax collector of the owner's residence or, in the case of nonresidents, partnerships or corporations, foreign or domestic, the tax collector of the municipality where the watercraft is principally moored, docked or located or has its established base of operations.

     2. Failure to maintain list or make list available. A marina or boat yard owner shall maintain the list required by Title 36, section 1504, subsection 9, and make that list available as required by that section.

§13067. Waste water discharge in inland waters

     1. Prohibition. A person may not launch a watercraft into or operate a watercraft on inland waters when that watercraft has a marine toilet, shower or sink unless:

     2. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more $500 may be adjudged.

§13068. Operating watercraft; prohibitions

     1. Launching contaminated watercraft. A person may not place a watercraft that is contaminated with an invasive aquatic plant upon the inland waters of the State.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $500 and not more than $5,000 per violation may be adjudged. A forfeiture imposed under this subsection may not be waived by the court.

     2. Unlawfully permitting operation by another. A person may not permit operation of a watercraft in violation of this subsection. A person violates this subsection:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     3. Operating motorboat other than personal watercraft while under age. A person under 12 years of age may not operate a motorboat propelled by machinery of more than 10 horsepower unless under the immediate supervision of a person located in the motorboat who is at least 16 years of age.

This subsection does not apply to operating a personal watercraft.
A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     4. Operating a watercraft without proper safety equipment. Except as provided in paragraph B, a person may not operate a watercraft without proper safety equipment as described in paragraph A.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     5. Operating watercraft to endanger. A person may not operate any watercraft, water ski, surfboard or similar device so as to endanger any person or property.

     6. Reckless operation of watercraft. A person may not operate any watercraft, water ski, surfboard or similar device in such a way as to recklessly create a substantial risk of serious bodily injury to another person. A person who violates this subsection commits a Class D crime.

     7. Operating watercraft at greater than reasonable and prudent speed. A person may not:

     8. Imprudent operation of watercraft. A person may not, while operating a watercraft on the inland or coastal waters of the State, engage in prolonged circling, informal racing, wake jumping or other types of continued and repeated activities that harass another person.

     9. Operating watercraft to molest wild animals or wild birds. A person may not operate a watercraft so as to pursue, molest, harass, drive or herd any wild animal or wild bird, except as may be permitted during the open season on that animal.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     10. Operating a motorboat that exceeds noise limits. A person may not operate a motorboat in such a manner as to exceed:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     11. Operating motorboat without muffler. A person may not operate a motorboat that is not equipped at all times with an effective and suitable muffling device on its engine or engines to effectively deaden or muffle the noise of the exhaust, except that:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     12. Tampering with a motorboat muffler system. A person may not modify a motorboat muffler system in any way that results in an increase in the decibels of sound emitted by that motorboat.

A person who violates this subsection commits a civil violation for which a forfeiture not to exceed $100 may be adjudged, payable to the Treasurer of State and recoverable in a civil action.

     13. Headway speed only. A person may not operate a watercraft at a speed greater than headway speed while within the water safety zone or within a marina or an approved anchorage in coastal or inland waters except:

For the purposes of this subsection, "headway speed" means the minimum speed necessary to maintain steerage and control of the watercraft while the watercraft is moving.
A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     14. Operating motorboat in bathing areas. A person may not:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     15. Operating watercraft in a quarantined area. A person who operates a watercraft in violation of an order issued under Title 38, section 1864 commits a civil violation for which a forfeiture of not less than $500 and not more than $5,000 per violation may be adjudged. A forfeiture imposed under this subsection may not be waived by the court.

     16. Operating a motorboat in prohibited area. A person may not:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§13069. Watercraft accident; requirements

     1. Failure to render aid or provide personal identification after a watercraft accident. The operator of a watercraft that is involved in a collision, accident or other casualty may not:

     2. Failure to report a watercraft accident. A person may not fail to report a watercraft accident in accordance with this subsection.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§13070. Operating airmobile

     1. No permission given. This chapter may not be construed as giving license or permission to cross or go on the property of another.

     2. Stop and identify requirement. Persons operating an airmobile upon the land of another shall stop and identify themselves upon the request of the landowner or the landowner's duly authorized representative. Any person in violation of this subsection is accountable to the landowner under applicable law.

     3. Restrictions. If restrictions on operation are posted on the land of another, a person operating an airmobile shall observe those restrictions.

     4. Operating airmobile upon public way. Except as provided in this subsection, a person may not operate an airmobile upon a public way.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     5. Failing to stop airmobile before entering public way. A person may not fail to bring an airmobile to a complete stop before entering a public way.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     6. Failing to yield right-of-way while operating an airmobile. A person may not fail to yield the right-of-way to all vehicular traffic while operating an airmobile on a public way.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     7. Operating airmobile that exceeds noise limit. Airmobiles are subject to the following noise level limits.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     8. Operating airmobile on railroad tracks. A person may not operate an airmobile along or adjacent and parallel to the tracks of any railroad within the limits of the railroad right-of-way without written permission from the railroad.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     9. Operating airmobile too close to certain buildings. Except as provided in this subsection, a person may not operate an airmobile within 200 feet of a dwelling, hospital, nursing home, convalescent home or church.

This subsection does not apply to a person operating an airmobile:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§13071. Operating personal watercraft

     1. Operating personal watercraft while underage. A person under 16 years of age may not operate a personal watercraft.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     2. Additional safety requirements while operating personal watercraft. A person may not:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     3. Operating rented or leased personal watercraft without identification decal. A person may not operate a rented or leased personal watercraft on Brandy Pond in the Town of Naples or on Long Lake in the Town of Naples, the Town of Bridgton and the Town of Harrison that does not have a clearly visible decal affixed to the personal watercraft that identifies the rental agent.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     4. Operating personal watercraft in prohibited area. A person may not operate a personal watercraft on:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§13072. Harbor masters on inland waters

     1. Appointment; compensation. The municipal officers of a town bordering an inland waterway may appoint a harbor master for a term of not less than one year and may establish the harbor master's compensation. The harbor master is subject to all the duties and liabilities of that office as prescribed by state law, municipal ordinances and rules promulgated by the municipality. The municipal officers may remove the harbor master from office for cause, declared in writing, after due notice to the harbor master and a hearing, if requested.

The municipal officers may prohibit a harbor master from making an arrest or carrying a weapon. A harbor master who is not prohibited from making arrests may arrest and deliver to the law enforcement authorities on shore any person committing an assault upon the harbor master or another person acting under the harbor master's authority.

     2. Authority and responsibility. A harbor master appointed under this section shall enforce the watercraft laws of the State and the municipality on any water within the jurisdiction of the municipality.

     3. Jointly appointed harbor masters. The municipal officers of 2 or more municipalities that border on the same inland waters may jointly appoint a single harbor master who has authority over the jurisdictions of all the participating municipalities.

§13073.    Harbor masters on inland waters; violations

     A person who neglects or refuses to obey any lawful order of a harbor master authorized pursuant to section 13072 commits a Class E crime.

CHAPTER 937
SNOWMOBILES

§13101. Application

     This chapter applies to the operation of snowmobiles in all areas that come within the jurisdiction of the State.

§13102. License not required

     An operator's license is not required for the operation of a snowmobile.

§13103.    Rule violations; snowmobiles and snowmobile races

     Notwithstanding section 10602, a person who violates a rule regulating snowmobiles or the protection and safety of spectators at snowmobile races commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§13104. Registration

     1. Operating unregistered snowmobile. Except as provided in this subsection and section 13112, a person may not operate a snowmobile that is not registered in accordance with this section.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     2. Application and issuance. The commissioner or the commissioner's designee may register and assign a registration number to all snowmobiles upon application and payment of a registration fee by the owner. The commissioner shall charge a fee of $1 for each registration issued by department employees.

     3. Form of registration. The snowmobile registration must be in such form as the commissioner may determine.

     4. Fee. Except as provided in subsection 5, the annual snowmobile registration fee is as follows:

Five dollars from each registration fee collected pursuant to this subsection must be transferred to a special fund administered by the Off-Road Vehicle Division of the Bureau of Parks and Lands within the Department of Conservation. The funds must be used to assist any entity that has a snowmobile trail-grooming contract with the bureau in the purchase of trail-grooming equipment.

     5. Antique snowmobile registration fee. A resident who owns a snowmobile that is more than 25 years old and that is substantially maintained in original or restored condition may register that snowmobile under this subsection as an antique snowmobile. An antique snowmobile registration authorizes that snowmobile to be operated only for the purpose of traveling to, returning from and participating in an exhibition, parade or other event of interest to the public or for occasional personal use. The fee for an antique snowmobile registration is $30. An antique snowmobile registration is valid until the ownership of that antique snowmobile is transferred to another person. Upon the transfer of ownership, the new owner may reregister that snowmobile as an antique snowmobile by paying the $30 antique snowmobile registration fee. The registration fee for an antique snowmobile is allocated according to section 10206, subsection 2, paragraph A.

     6. Members of armed forces permanently stationed in Maine. The following persons are eligible to register any snowmobile owned by them at the resident fee:

A member of the armed forces described in paragraph A who desires to register a snowmobile shall present certification from the commander of the post, station or base, or from the commander's designated agent, that the member is permanently stationed at that post, station or base. Registration fees for registrations pursuant to this subsection must be allocated as if the person registering the snowmobile was a resident of the municipality in which the post, station or base is situated.

     7. Snowmobiles of nonresidents. Except as specifically provided in this subsection, and notwithstanding any other provision of law, a snowmobile belonging to a nonresident may be possessed or operated by any person in this State as long as the snowmobile is properly registered in this State in the name of a nonresident owner of the snowmobile.

A snowmobile owned by a nonresident may not be issued a resident registration. Nothing in this subsection authorizes the operation of any snowmobile in any manner contrary to this chapter. This subsection does not apply to snowmobiles and grooming equipment registered to a federal or state entity, snowmobile clubs, municipalities or counties from bordering states or provinces and engaged in trail grooming. Snowmobiles registered in either New Hampshire or Canada may be operated on any lake or pond that is both partly in the State and New Hampshire or Canada without being registered in the State.

     8. Duplicate registration certificate. The holder of any resident or nonresident seasonal registration certificate issued under this section may obtain a duplicate from the commissioner upon application and payment of a fee of $1.

     9. Numbers permanent. All numbers once awarded under this section to a resident-owned snowmobile remain with that snowmobile until the snowmobile is destroyed, abandoned or permanently removed from this State, except that numbers that have been inactive for at least 7 years may be reissued by the division.

     10. Transfer of ownership, discontinuance of use. The following provisions govern transfer of ownership and discontinued use.

     11. Open snowmobile weekend. The commissioner may designate one weekend a year as an open snowmobile weekend when snowmobiles registered outside the State may be used in the State without being registered in the State. All other provisions of this chapter relating to snowmobiles apply during an open snowmobile weekend.

     12. Restrictions. The following provisions must be observed.

     13. Fraudulent acquisition of snowmobile registration. A person may not obtain a snowmobile registration through fraud, misstatement or misrepresentation.

§13105. Snowmobile registration agents

     1. Appointment of snowmobile registration agents; report; fees. Appointment of snowmobile registration agents and applicable fees are governed by the following.

     2. Unlawful issuance of snowmobile registration. An agent may not issue a resident snowmobile registration to a nonresident or a nonresident snowmobile registration to a resident.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§13106. Operation of snowmobile

     1. No permission given. This chapter may not be construed to give license or permission to cross or go on the property of another.

     2. Stop and identify requirement. Persons operating a snowmobile upon the land of another shall stop and identify themselves upon the request of the landowner or the landowner's duly authorized representative. Any person in violation of this subsection is accountable to the owner under applicable law.

     3. Operating snowmobile upon controlled access highway. Except as provided in this subsection, a person may not operate a snowmobile upon a controlled access highway or within the right-of-way limits of a controlled access highway.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     4. Unlawfully operating snowmobile on plowed road. A person may not operate a snowmobile upon any plowed private road, or public road plowed privately without public compensation, after having been forbidden to do so by the owner thereof, the owner's agent or a municipal official, either personally or by appropriate notices posted conspicuously on that road.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     5. Operating snowmobile on public way. Except as provided in subsection 4 and this subsection, a person may not operate a snowmobile upon the main traveled portion, the sidewalks or the plowed snowbanks of a public way.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     6. Failing to stop snowmobile before entering public way. A person may not fail to bring a snowmobile to a complete stop before entering a public way.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     7. Failing to yield right-of-way while operating snowmobile. A person may not fail to yield the right-of-way to all vehicular traffic while operating a snowmobile on a public way.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     8. Crossing a closed bridge, culvert, overpass or underpass with snowmobile. A person may not cross with a snowmobile a bridge, culvert, overpass or underpass closed to snowmobiles by the Commissioner of Transportation.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     9. Reckless operation of snowmobile. A person may not operate a snowmobile in such a way as to recklessly create a substantial risk of serious bodily injury to another person. Violation of this subsection is a Class D crime.

     10. Operating snowmobile to endanger. A person may not operate a snowmobile so as to endanger any person or property by:

A person who violates this subsection commits a Class E crime.

     11. Operating snowmobile at greater than reasonable and prudent speed. A person may not operate a snowmobile except at a reasonable and prudent speed for the existing conditions.

A person who violates this subsection commits a Class E crime.

     12. Operating a snowmobile while underage. A person under 14 years of age may not operate a snowmobile across any public way maintained for travel.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     13. Permitting unaccompanied child to operate snowmobile. A person may not permit a child under 10 years of age to operate a snowmobile unless the child is accompanied by an adult.

This subsection does not apply on land that is owned by the parent or guardian or on land where permission for use has been granted to the parent or guardian.
A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     14. Snowmobile noise level limits. This subsection governs noise levels for snowmobiles.

     15. Operating snowmobile with insufficient lights. Except as provided in section 13112, a person may not operate a snowmobile that is not equipped as follows:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     16. Failure to use snowmobile lights. Except as provided in section 13112, a person may not fail to use lights:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     17. Unlawfully operating snowmobile on railroad tracks. A person may not:

Notwithstanding this subsection, a person may operate a snowmobile on railroad tracks if the person is operating within the right-of-way of a portion of railroad line that has been officially abandoned under the authority of the Interstate Commerce Commission.
A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     18. Operating snowmobile in cemetery. A person may not operate a snowmobile in any cemetery, burial place or burying ground.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     19. Operating too close to certain buildings. A person may not operate a snowmobile within 200 feet of a dwelling, hospital, nursing home, convalescent home or church. This subsection does not apply when a person is operating a snowmobile:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     20. Abuse of another person's property. A person may not while operating a snowmobile:

A person who violates this subsection commits a Class E crime.

     21. Unlawfully permitting operation. A person who owns a snowmobile may not knowingly permit the snowmobile to be operated in violation of any section of this chapter.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     22. Failure to report accident. A person shall give notice of a snowmobile accident, by the quickest means of communication, to a law enforcement officer available nearest to the place where the accident occurred if that person is:

Accidents involving only property damage to the estimated amount of $1,000 or more must be reported within 72 hours on forms provided by the department.
A person who fails to comply with this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     23. Operating snowmobile on open water. A person may not operate or attempt to operate a snowmobile on open water. For purposes of this subsection, "open water" means any area of an inland water body that is free of ice and snow. This subsection does not apply to private ponds.

Notwithstanding Title 17, section 2267-A, subsection 3, the owner or operator of a snowmobile that has been submerged or partially submerged as a result of a violation of this subsection shall remove the snowmobile within 24 hours of its submersion. The owner or operator of a snowmobile submerged or partially submerged as a result of a violation of this subsection shall pay any damages resulting from the submersion or removal. If the owner or operator of a snowmobile submerged or partially submerged as the result of a violation of this subsection fails to remove the snowmobile within 24 hours of its submersion, the commissioner may remove the snowmobile at the expense of the owner or operator or request in writing that the court direct the owner or operator to remove the snowmobile immediately.
A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§13107.   Unlawfully operating vehicle on snowmobile trail

     A person may not operate any 4-wheel-drive vehicle, dune buggy, all-terrain vehicle, motorcycle or any other motor vehicle, other than a snowmobile and appurtenant equipment, on snowmobile trails that are financed in whole or in part with funds from the Snowmobile Trail Fund, unless that use has been authorized by the landowner or the landowner's agent, or unless the use is necessitated by an emergency involving safety of persons or property.

     A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§13108. Liability for damage caused by minors

     The owner of a snowmobile, the person who gives or furnishes that snowmobile to a person under 18 years of age and the parent or guardian responsible for the care of that minor are jointly and severally liable with the minor for any damages caused in the operation of the snowmobile by that minor.

§13109. Dealer's registration and license

     1. Application and issuance. A person may not engage in the business of selling new or used snowmobiles in the State unless the person has registered as a dealer and secured a valid dealer's license from the commissioner. A dealer so registered and licensed need not register individual snowmobiles. For the purposes of this subsection, "new snowmobile" means a snowmobile that has not been registered in this State or any other state or for which sales tax has not been paid in this State or any other state if that other state taxes the purchase of a new snowmobile.

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. Fees. The dealer's registration and license fee is $15 annually from each July 1st.

     3. Dealer's number plates. Dealer's number plates must be provided and obtained as follows.

     4. Temporary registrations and numbers. The commissioner may issue temporary numbers and registrations for snowmobiles to bona fide dealers who may, upon the sale or exchange of a snowmobile, issue them to new owners in order to allow them to operate snowmobiles for a period of 20 consecutive days after the day of sale in lieu of a permanent number as required by this chapter.

     5. Restrictions. Dealers shall display their dealer's number on each snowmobile being used until the sale of the snowmobile, whereupon it becomes the owner's responsibility to register the snowmobile.

     6. Penalty. Each day a person violates any restriction of a license issued under this section that person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§13110.    Snowmobile repair shop registration and license

     1. Application and issuance. A person whose business includes repairing snowmobiles but who is not required to be licensed as a snowmobile dealer under section 13109 may register that business entity as a snowmobile repair shop and secure a snowmobile repair shop license and number plate from the commissioner.

     2. Fee. The commissioner shall set the fee for a snowmobile repair shop license. The fee may not exceed $15 for any 12-month period.

     3. Field testing repairs on unregistered snowmobiles. The owner of a snowmobile repair shop licensed under this section may operate or allow the operation of an unregistered snowmobile for the purpose of field testing repairs to that snowmobile if:

Operating an unregistered snowmobile in compliance with this subsection is not a violation of section 13104, subsection 1.
§13111. Snowmobile rental agent certificate

     1. Registration and issuance. Except as provided in this section, a person or business may not rent or lease a snowmobile unless that person or business:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     2. Exception; guides. This section does not apply to a person lawfully engaged in guiding activities under section 12853 who accompanies others on guided trips that include the use of snowmobiles, except that such a person must provide the operators of snowmobiles with instructions equivalent to those described in subsection 1, paragraph C.

     3. Fee. The fee for a snowmobile rental agent certificate is $25. The certificate is valid from July 1st to June 30th.

§13112. Racing meets

     Notwithstanding section 10602 and section 13106, subsections 14, 15 and 16, snowmobiles operated at a prearranged racing meet whose sponsor has obtained a permit to hold such a meet from the commissioner are exempt from the provisions of this chapter concerning registration, noise, horsepower and lights during the time of operation at such meets and at all prerace practices at the location of the meet.

CHAPTER 939
ATVs

§13151. Application

     This chapter applies to the operation of ATVs in the State.

§13152. License and training

     1. License. An operator's license is not required for the operation of an ATV, except as required by Title 29-A.

     2. Training. A person under 16 years of age must successfully complete a training program approved by the department prior to operating an ATV on any land other than the land on which that person is domiciled or land owned or leased by that person's parent or guardian. The training program must include instruction on the safe operation of ATVs, the laws pertaining to ATVs, the effect of ATVs on the environment and ways to minimize that effect, courtesy to landowners and other recreationists and other materials as determined by the department.

§13153. Rule violations; ATVs

     Notwithstanding section 10602, a person who violates a rule regulating ATVs commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§13154. Age restrictions

     1. Minimum age. A person under 10 years of age may not operate an ATV, except on the land on which that person is domiciled or land owned by that person's parent or guardian.

     2. Unlawfully operating ATV while underage. A person may not operate an ATV other than on land owned by the person's parent or guardian or on land where permission for use has been granted to the person's parent or guardian:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     3. Permitting unaccompanied child to operate ATV. A person may not permit a child under 16 years of age to operate an ATV except on land owned by the parent or guardian of the operator or on land where permission for use has been granted to the parent or guardian.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     4. Permitting child under 10 years to operate ATV. Except as provided in subsections 2 and 3, a person may not permit a child under 10 years of age to operate an ATV.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§13155. Registration

     1. Operating unregistered ATV. A person may not operate an ATV that is not registered in accordance with subsection 3 except:

A person who violates this subsection commits a civil violation for which a forfeiture or not less than $100 nor more than $500 may be adjudged.

     2. Reciprocity. Reciprocity is allowed to nonresidents from all states, provinces, countries or districts that allow similar privileges to residents of the State, as long as they are covered by a valid registration from that state, province, country or district.

     3. Application and issuance. The commissioner, or an agent designated by the commissioner, may register and assign a registration number to an ATV upon application and payment of an annual fee by the owner. The commissioner shall charge a fee of $1 in addition to the annual fee for each registration issued by an employee of the department. The registration number must be clearly displayed on the rear of the vehicle. A registration is valid for one year commencing July 1st of each year.

     4. Form of registration. An ATV registration must be in such form as the commissioner may determine.

     5. Fees. The annual registration fee for an ATV is $17 for a resident and $35 for a nonresident.

After March 31st, a person may pay a registration fee of $21.25 for residents and $43.75 for nonresidents and receive a registration covering the remainder of the registration period plus one additional year.

     6. Duplicate registration certificate. The holder of a registration certificate issued under this section may obtain a duplicate from the commissioner upon application and payment of a fee of $1.

     7. Transfer of ownership, discontinuance of use. A transfer of ownership or discontinuance of use of an all-terrain vehicle is subject to this subsection.

     8. Restrictions. This subsection applies to the registration of an ATV.

     9. Display of registration numbers. Each new ATV sold in the State must have 3 1/2 inch by 6 inch spaces provided on the front and rear of the machine, as high above the tires as possible, for the vertical display of the registration numbers. A person may not operate an ATV that is required to be registered under this section unless registration numbers are displayed in these spaces or as otherwise required by the department.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     10. Training and education. The department shall provide training and education relating to ATVs.

§13156. ATV registration agents

     1. Appointment of ATV registration agents. The commissioner may appoint municipal clerks or other persons whom a municipality may designate as municipal agents to issue ATV registrations. The commissioner may designate other agents as necessary to issue ATV registrations. The commissioner shall determine the period when the agents must act.

     2. Failure to remit funds. An agent is delinquent if that agent fails to forward to the commissioner funds collected by that agent by the date established in rules adopted under this section. Failure to remit the funds as provided in this subsection results in the following sanctions, in addition to any other provided by law.

     3. Service fees. An agent may charge a service fee of $1 for each ATV renewal registration issued and $2 for each registration covered by sections 13002 to 13005. This service fee is retained by the agent.

§13157. Operation of ATVs

     1. No permission given. This chapter may not be construed as giving license or permission to cross or go on the property of another.

     2. Stop and identify requirement. Persons operating ATVs upon the land of another shall stop and identify themselves upon the request of the landowner or the landowner's duly authorized representative. A person who violates this subsection is accountable to the owner under existing laws and is subject to the applicable penalty provided under this Part.

     3. Operating ATV upon controlled access highway. A person may not operate an ATV upon a controlled access highway or within the right-of-way limits of a controlled access highway, except that:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     4. Unlawfully operating ATV on snowmobile trail. Operating an ATV on a snowmobile trail financed in whole or in part with funds from the Snowmobile Trail Fund is governed by section 13107.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     5. Unlawfully operating ATV on private road. A person may not operate an ATV upon a private road after having been forbidden to do so by the owner's agent or a municipal official, either personally or by appropriate notices posted conspicuously on that road.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     6. Operating ATV on public way. Except as provided in this subsection, a person may not operate an ATV, other than an ATV registered with the Secretary of State under Title 29-A, on any portion of a public way maintained or used for the operation of conventional motor vehicles or on the sidewalks of any public way.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     7. Failing to stop ATV before entering public way. A person may not fail to bring an ATV to a complete stop before entering a public way.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     8. Failing to yield right-of-way while operating ATV. A person may not fail to yield the right-of-way to all other types of vehicular traffic while operating an ATV on a public way.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     9. Crossing closed bridge, culvert, overpass or underpass with ATV. A person may not cross with an ATV a bridge, culvert, overpass or underpass closed to ATVs by the Commissioner of Transportation pursuant to paragraph A.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     10. Reckless operating on ATV. A person may not operate an ATV in such a way as to recklessly create a substantial risk of serious bodily injury to another person.

A person who violates this subsection commits a Class D crime.

     11. Operating ATV to endanger. A person may not operate an ATV so as to endanger any person or property.

     12. Operating ATV at greater than reasonable and prudent speed. A person may not operate an ATV except at a reasonable and prudent speed for the existing conditions.

     13. Operating ATV without protective headgear. Notwithstanding Title 29-A, section 2083, a person under 18 years of age may not operate an ATV without protective headgear.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     14. Carrying passenger on ATV without headgear. Notwithstanding Title 29-A, section 2083, a person may not carry a passenger under 18 years of age on an ATV unless the passenger is wearing protective headgear.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     15. Operating ATV without muffler. Except as provided in section 13159, a person may not:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
Each ATV must be equipped with a working spark arrester. In addition to any penalties imposed under this subsection, the court may, subject to section 9321 and Title 17-A, chapter 54, order restitution for fire suppression costs incurred by state or municipal government entities in suppressing a fire caused by an ATV operating without a working spark arrester.

     16. Operating ATV with insufficient lights. This subsection governs the light equipment required on ATVs.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     17. Failure to use ATV lights. Except as provided in section 13159, a person may not fail to use the lights required under subsection 16 as follows:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     18. Unlawfully operating ATV on railroad tracks. This subsection governs operation of an ATV on railroad tracks.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     19. Operating too close to certain buildings. A person may not operate an ATV within 200 feet of a dwelling, hospital, nursing home, convalescent home or church, except a person may:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     20. Failure to report accident. The operator of an ATV involved in an accident resulting in injuries requiring the services of a physician or in the death of a person, a person acting for such an operator or the owner of the involved ATV having knowledge of the accident if the operator of the ATV is unknown shall give notice of the accident, by the quickest means of communication, to a law enforcement officer available nearest to the place where the accident occurred.

Accidents involving only property damage to the estimated amount of $1,000 or more must be reported within 72 hours on forms provided by the department.
A person who fails to comply with this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     21. Operating ATV in prohibited area. A person may not operate an ATV:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     22. Abuse of another person's property. A person may not while operating an ATV:

A person who violates this subsection commits a Class E crime.

     23. Operating ATV on cropland or pastureland. A person may not operate an ATV on any cropland or pastureland without the permission of the owner or lessee. As used in this subsection, "cropland" means acreage in tillage rotation, land being cropped and land in bush fruits and "pastureland" means acreage devoted to the production of forage plants used for animal production.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
§13158.   Unlawfully permitting operation; liability for damage by other persons

     1. Permitting operation. A person may not permit operation of an ATV in violation of this subsection. A person permits the operation of an ATV in violation of this subsection if:

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

     2. Furnishing ATV. An owner of an ATV, a person who gives or furnishes an ATV to a person and a parent or guardian responsible for the care of a minor under 18 years of age are jointly and severally liable with the operator for damages caused in the operation of the vehicle or by the minor in operating any ATV.

§13159. Racing meets

     Notwithstanding section 13155 and section 13159, subsection 15, subsection 16, paragraph A and subsection 17, 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 and lights during the time of operation at these meets and at all prerace practices at the location of the meets.

§13160. Dealer's registration and license

     1. Application and issuance. A person may not engage in the business of selling ATVs in the State unless that person has registered as a dealer and secured a valid dealer's license from the commissioner. A dealer so registered and licensed need not register individual ATVs.

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. Fees. The annual license fee for a dealer registered under subsection 1 is $15. The license runs from July 1st of each year.

     3. Dealer's number plates. Dealer's number plates must be provided and obtained as follows.

     4. Temporary registration plate and certificate number. The commissioner may issue temporary registration plates and certificates to a registered dealer who may, upon the sale or exchange of an ATV, issue a temporary registration plate and certificate to a new owner, in order to allow the new owner to operate the ATV for a period of 20 consecutive days, after the date of sale in lieu of a permanent number as required by this chapter. The fee for each temporary registration is $1.

     5. Restrictions. A dealer shall display the dealer's number on each ATV being used until the sale of the ATV, whereupon it becomes the owner's responsibility to register the ATV.

     6. Warranties and information on used ATVs. A dealer who offers a warranty in connection with the sale or transfer of a used ATV shall furnish a written statement concerning that warranty. The statement regarding the warranty must indicate the parts or systems of the vehicle that are covered and those not covered by the warranty and what the dealer will do in the event of a defect and at whose expense repairs be made.

The dealer shall also furnish before sale a written statement identifying any and all defects known to the dealer and any type of damage that the vehicle has sustained if such information is known to the dealer.

     7. Violation. Each day a person violates any restriction of a license issued under this section, that person commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§13161. ATV lights

     1. Headlight and taillight required. A person may not sell or offer to sell a new ATV unless:

     2. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

SUBPART 7
LOCAL REGULATION
CHAPTER 941
LOCAL REGULATION

§13201. Limits on local regulation

     A municipality or political subdivision of the State may not enact any ordinance, law or rule regulating the hunting, trapping or fishing for any species of fish or wildlife; the operation, registration or numbering of watercraft or snowmobiles or any other subject matter relating to watercraft or snowmobiles regulated under chapter 935 or 937 or under any other provisions of this Part. For purposes of this section, except as provided in subsection 3, the regulation of fishing includes the regulation of ice fishing shacks. This section may not be construed to prohibit:

     1. Firearm discharge. The enactment of any ordinance generally regulating the discharge of firearms in a municipality or any part of a municipality;

     2. Certain rules. The adoption of rules as authorized in section 13051; or

     3. Ice fishing shacks. The enactment of any ordinance regulating ice fishing shacks on:

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