Sec. E-1. 12 MRSA §10206, sub-§1, ¶B, as affected by PL 2003, c. 614, §9; amended by c. 655, Pt. B, §47 and affected by §422; and repealed by c. 695, Pt. B, §3 and affected by Pt. C, §1, is repealed.
Sec. E-2. 12 MRSA §10308, sub-§5, ¶C, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
C. The board shall submit an annual report to the Governor and the joint standing committees of the Legislature having jurisdiction over energy matters, natural resources matters and inland fisheries and wildlife matters. In the annual report, the board shall detail expenditures made from the fund and the board's progress in implementing the strategic plan.
Sec. E-3. 12 MRSA §10902, sub-§9, ¶¶A, B, D, E and F, as enacted by PL 2003, c. 695, Pt. B, §8 and affected by Pt. C, §1, are amended to read:
A. Operating an ATV on a temporarily closed trail as prohibited under section 13157 13157-A, subsection 5-A 24;
B. Abuse of another person's property as prohibited under section 13157 13157-A, subsection 22;
D. Operating an ATV to endanger, as prohibited under section 13157 13157-A, subsection 11;
E. Reckless operation of an ATV, as prohibited under section 13157 13157-A, subsection 10;
F. Operating an ATV on the land of another without permission, as prohibited under section 13157 13157-A, subsection 1-A 1; or
Sec. E-4. 12 MRSA §11106, sub-§1, ¶A, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
A. A resident or nonresident 16 years of age or older who has satisfied section 11105 the requirements of subsection 2 may obtain an archery hunting license to hunt with bow and arrow from the commissioner or the commissioner's authorized agent.
Sec. E-5. 12 MRSA §11107, sub-§§1 and 2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, are amended to read:
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 permit 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 permit from the commissioner or the commissioner's authorized agent if the person possesses a valid junior hunting license.
Sec. E-6. 12 MRSA §11109, sub-§4, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
4. Muzzle-loading permit; issuance and agent's fee. The commissioner, through the commissioner's agent, shall issue muzzle-loading licenses permits to eligible persons. The issuing agent shall charge a fee of $1 for each license permit issued.
Sec. E-7. 12 MRSA §11109, sub-§5, as amended by PL 2005, c. 12, Pt. III, §5, is amended to read:
5. Muzzle-loading permits and fees. Muzzle-loading hunting licenses permits and fees are as follows:
A. A resident muzzle-loading hunting license permit is $13;
B. A nonresident muzzle-loading hunting license permit is $62; and
C. An alien muzzle-loading hunting license permit is $72.
Sec. E-8. 12 MRSA §12506, sub-§5, as affected by PL 2003, c. 614, §9 and repealed and replaced by c. 655, Pt. B, §253 and affected by §422, is repealed and the following enacted in its place:
5. Exception to permit requirement. Notwithstanding subsection 1:
A. A person may fish for alewives by use of a dip net or single hook and line for consumption by that person or members of that person's family, provided that the person takes or possesses no more than one bushel in any day and provided also that the alewives are not taken from any waters in which a municipality or other person has been granted exclusive rights under section 6131;
C. A person may fish for or possess alewives from inland waters if that person has been granted fishing rights under section 6131; and
D. A person may take suckers for use as bait for fishing in inland waters as provided in section 12551-A without a permit under subsection 2.
Sec. E-9. 12 MRSA §12659-A, sub-§1, ¶¶A and B, as enacted by PL 2003, c. 655, Pt. B, §282 and affected by §422, are repealed.
Sec. E-10. 12 MRSA §12659-A, sub-§2, as enacted by PL 2003, c. 655, Pt. B, §282 and affected by §422, is repealed.
Sec. E-11. 12 MRSA §12659-A, sub-§§3, 4 and 5 are enacted to read:
3. Unattended lines. Except as provided in subsection 4, a person licensed to fish shall have all lines under that person's immediate supervision.
4. Checking cusk lines. In waters that are opened under section 12454, subsection 1, paragraph B, a person fishing through the ice for cusk in the nighttime shall visit at least once every hour all lines set by that person for cusk.
5. Penalty. The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B. A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. E-12. 12 MRSA §12662, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §285 and affected by §422, is further amended to read:
1. Prohibition. Except as provided in section 12659-A 12454, subsection 1, paragraph B, a person may not ice fish from 1/2 hour after sunset to 1/2 hour before sunrise of the following morning.
Sec. E-13. 12 MRSA §13058, sub-§1, as affected by PL 2003, c. 614, §9; amended by c. 627, §1 and c. 655, Pt. B, §362 and affected by §422, is repealed and the following enacted in its place:
1. Prohibition. A person may not place or operate a motorboat or personal watercraft on the inland waters of the State unless a valid lake and river protection sticker issued annually under subsection 3 is affixed to each side of the bow above the water line and approximately 3 inches behind the validation sticker required under section 13056.
Sec. E-14. 12 MRSA §13058, sub-§2, as affected by PL 2003, c. 614, §9; amended by c. 627, §1; and repealed and replaced by c. 655, Pt. B, §363 and affected by §422, is repealed and the following enacted in its place:
2. Violation. A person who violates subsection 1 is subject to the provisions of this subsection.
A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 and not more than $250 per violation may be adjudged. A fine imposed under this subsection may not be suspended by the court.
B. A person who violates subsection 1 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. E-15. 12 MRSA §13068, sub-§15, as affected by PL 2003, c. 614, §9 and repealed and replaced by c. 627, §3 and repealed by c. 655, Pt. B, §379 and affected by Pt. B, §422, is repealed.
Sec. E-16. 12 MRSA §13068-A, sub-§15, as enacted by PL 2003, c. 655, Pt. B, §380 and affected by §422, is amended to read:
15. Violation of surface use restriction order. A person may not operate, launch or remove a watercraft at a restricted-access site or refuse inspection of a watercraft in violation of an order issued under Title 38, section 1864.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $500 and not more than $5,000 per violation may be adjudged. A fine imposed under this subsection may not be suspended by the court.
B. A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. E-17. 12 MRSA §13152, sub-§2, as affected by PL 2003, c. 614, §9; repealed and replaced by PL 2003, c. 655, Pt. B, §401 and affected by §422; and repealed and replaced by PL 2003, c. 695, Pt. B, §10 and affected by Pt. C, §1, is repealed and the following enacted in its place:
2. Training. A person over 9 years of age and under 16 years of age must successfully complete a training program approved by the department prior to operating an ATV except on:
A. Land on which that person is domiciled;
B. Land owned or leased by that person's parent or guardian; or
C. A safety training site approved by the department.
A person under 16 years of age must attend the training program with 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 landowners and other materials as determined by the department.
Sec. E-18. 12 MRSA §13154-A, sub-§6, ¶C, as enacted by PL 2003, c. 655, Pt. B, §404 and affected by §422 and enacted by PL 2003, c. 695, Pt. B, §12 and affected by Pt. C, §1, is repealed and the following enacted in its place:
C. A safety training site approved by the department.
Sec. E-19. 12 MRSA §13157, as repealed by PL 2003, c. 655, Pt. B, §413 and affected by §422 and amended by c. 695, Pt. B, §§15 to 23 and affected by Pt. C, §1, is repealed.
Sec. E-20. 12 MRSA §13157-A, sub-§1, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is repealed.
Sec. E-21. 12 MRSA §13157-A, sub-§1-A is enacted to read:
1-A. Permission required. A person may not operate an ATV on the land of another without the permission of the landowner or lessee. Permission is presumed on ATV trails that are conspicuously posted or in areas open to ATVs by landowner policy. Written permission of the landowner or lessee is required on cropland or pastureland or in an orchard. 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. A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated of having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. E-22. 12 MRSA §13157-A, sub-§21, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is repealed.
Sec. E-23. 12 MRSA §13157-A, sub-§22, ¶¶B and C, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, are amended to read:
B. Leave open a gate or bars on another person's land; or
C. Trample or destroy crops on another person's land.; or
Sec. E-24. 12 MRSA §13157-A, sub-§22, ¶D is enacted to read:
D. Remove or destroy signs or posted notices.
Sec. E-25. 12 MRSA §13157-A, sub-§23, as enacted by PL 2003, c. 655, Pt. B, §414 and affected by §422, is repealed.
Sec. E-26. 12 MRSA §13157-A, sub-§§24 to 27 are enacted to read:
24. Operation of ATV on temporarily closed trail. A person may not operate an ATV on any section of a trail posted with a notice of temporary closure in accordance with this subsection. The notice must specify the section of trail that is closed and the period of the closure and must be conspicuously posted at each end of the closed section of the trail.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated of having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
25. ATV noise and fire control devices. The following provisions pertain to ATV muffling and fire control devices and noise level limits.
A. Except as provided in section 13159, a person may not:
(1) Operate an ATV that is not equipped at all times with an effective and suitable muffling device on its engine to effectively deaden or muffle the noise of the exhaust;
(2) Modify the exhaust system of an ATV in any manner that will increase the noise emitted above the following emission standard:
(a) Each ATV must meet noise emission standards of the United States Environmental Protection Agency and in no case exceed 96 decibels of sound pressure when measured from a distance of 20 inches using test procedures established by the commissioner; or
(3) Operate an ATV without a working spark arrester.
B. The following penalties apply to violations of this subsection.
(1) A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
(2) A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
(3) 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.
26. Prohibited equipment. A person may not operate an ATV that is equipped with a snorkel kit or other equipment designed to allow the ATV to be used in deep water except with the permission of the owner of the land on which the ATV is operated or as provided in section 13159.
A. A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated of having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
27. Operation of ATV in prohibited area. The following provisions establish areas where the operation of an ATV is prohibited.
A. A person may not operate an ATV:
(1) On a salt marsh, intertidal zone, marine sand beach or sand dune or any cemetery, burial place or burying ground; or
(2) When the ground is not frozen and sufficiently covered with snow to prevent direct damage to the vegetation:
(a) On alpine tundra;
(b) On a freshwater marsh or bog, river, brook, stream, great pond, nonforested wetland or vernal pool; or
(c) In a source water protection area as defined in Title 30-A, section 2001, subsection 20-A.
The provisions of this subparagraph do not apply to a trail designated for ATV use by the Department of Conservation. The provisions of this subparagraph also do not apply to a person accessing land for maintenance or inspection purposes with the landowner's permission or to local, state or federal government personnel in the performance of official duties, provided there is no significant ground disturbance or sedimentation of water bodies.
B. The following penalties apply to violations of this subsection.
(1) A person who violates this subsection commits a civil violation for which a fine of not less than $100 or more than $500 may be adjudged.
(2) A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
Sec. E-27. 12 MRSA §13159, as amended by PL 2003, c. 655, Pt. B, §417 and affected by §422 and amended by c. 695, Pt. B, §24 and affected by Pt. C, §1, is repealed and the following enacted in its place:
Notwithstanding section 13155 and section 13157-A, subsection 15, subsection 16, paragraph A, subsection 17 and subsection 25, ATVs used exclusively for scheduled racing meets and operated solely on predefined race courses are exempt from the provisions of this chapter concerning registration, mufflers, snorkel kits and lights during the time of operation at these meets and at all prerace practices at the location of the meets.
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