A. Fishing rules as set forth in the 1986 annual Open Water Fishing Regulations folder and the 1986 annual Ice Fishing Regulations folder, as printed and distributed to the public, are declared to be official consolidations of fishing rules. Each subsequent biennial revision of these publications shall, upon filing with the Secretary of State, constitute an official consolidation as printed.

Sec. 4. 12 MRSA §7035, sub-§16-A, as enacted by PL 1999, c. 447, §2, is amended to read:

16-A. Funds; dedicated account. Funds received by the commissioner for the sale of general merchandise products pursuant to subsection 16 must be deposited in a dedicated account to be used only for the purposes described in subsection 11. This subsection is repealed April 1, 2001.

Sec. 5. 12 MRSA §7035, sub-§20, as reallocated by RR 1999, c. 1, §21, is amended to read:

20. Dedicated accounts for accepting donations. The commissioner may create dedicated accounts to deposit money received from the sale of general merchandise pursuant to subsection 16 and may accept money, goods and services donated to the department to support specific programs carried out by the department. Any money donated to the department in support of a specific program must be deposited into a dedicated account for the purpose of funding activities carried out by that program. This subsection is repealed April 1, 2001.

Sec. 6. 12 MRSA §7101, sub-§1, ¶A, as enacted by PL 1979, c. 420, §1, is amended to read:

A. Any A resident or nonresident over 10 years of age may obtain apply for a written license to hunt wild animals and wild birds from the commissioner or his the commissioner's authorized agent. No A resident or nonresident under 10 years of age may not hunt wild animals or wild birds with firearms at any time.

Sec. 7. 12 MRSA §7101, sub-§4, as enacted by PL 1979, c. 420, §1, is amended to read:

4. Expiration. A junior hunting license issued to a person who has passed his 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 persons who continue to hunt with a junior hunting license.

Sec. 8. 12 MRSA §7102-A, sub-§6, ¶C, as corrected by RR 1993, c. 1, §35, is amended to read:

C. 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 7457, 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.

(1) Deer may be taken only by means of a hand-held bow and broadhead arrow, provided that:

(a) Bows must be of adequate strength to shoot an arrow at least 150 yards have a minimum draw weight of 35 pounds; and

(b) Arrowheads must be at least 7/8 inch in width.

(2) A person may not carry firearms of any kind while hunting any species of wildlife with bow and arrow during the special archery season on deer, except that any person who holds a license that allows hunting with firearms may carry a handgun.

(3) If a person takes a deer with bow and arrow during the special archery season on deer, that person is precluded from further hunting for deer during that year.

(4) Except as provided in this subsection, the provisions of chapters 701 to 721 concerning deer are applicable to the taking of deer with bow and arrow, including the transportation, registration and possession of deer taken by this method.

Sec. 9. 12 MRSA §7104, sub-§2, as amended by PL 1997, c. 432, §19, is further amended to read:

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

B. The land shall must be at least 5 miles from another commercial shooting area, as measured between the property lines at their closest points to each other;

C. The land shall must contain not less than 200 acres nor more than 400 acres;

D. The land shall must be contiguous. Property bisected by a road or highway is considered to be contiguous for purposes of this paragraph; and

E. The land may must be owned or leased by the operator of the commercial shooting area.

A new shooting area license may not be issued 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 the license will be abandoned.

A renewal of a shooting area license may be issued, notwithstanding paragraph B, as long as the renewed license is applied for within 6 months following the expiration of the old license.

Sec. 10. 12 MRSA §7153, sub-§§1 and 2, as repealed and replaced by PL 1995, c. 536, Pt. B, §2, are amended to read:

1. 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.

A. Eels may be harvested in inland waters using only eel pots or weirs.

B. Alewives, suckers and yellow perch may be harvested in inland waters using trap nets, dip nets or spears.

C.__Lampreys may be harvested in inland waters by use of a hand-held dip net or by hand.

2. Fee. The minimum fee for an individual permit for alewives, suckers, lampreys and yellow perch is $42. Beginning in calendar year 1996, a A crew permit may be sold for alewives, suckers, lampreys and yellow perch for $100, authorizing up to 3 persons to engage in the licensed activity. The annual fee for an eel pot or weir permit is $100. An eel pot or eel weir license is not transferable.

Sec. 11. 12 MRSA §7161, sub-§1, ¶D, as enacted by PL 1999, c. 690, §1, is amended to read:

D. For a resident from 65 to 69 years of age:

(1) A senior resident lifetime fishing license. The fee for a senior resident lifetime fishing license is $50 for a person who purchases the license in the year in which that person turns 65 years of age, $40 for a person who purchases the license in the year in which that person turns 66 years of age, $30 for a person who purchases the license in the year in which that person turns 67 years of age, $20 for a person who purchases the license in the year in which that person turns 68 years of age and $10 for a person who purchases the license in the year in which that person turns 69 years of age.__A person who is 70 years of age or older may purchase the senior resident lifetime fishing license at the same rate as may a person who is 69 years of age;

(2) A senior resident lifetime hunting license. The fee for a senior resident lifetime hunting license is $50 for a person who purchases the license in the year in which that person turns 65 years of age, $40 for a person who purchases the license in the year in which that person turns 66 years of age, $30 for a person who purchases the license in the year in which that person turns 67 years of age, $20 for a person who purchases the license in the year in which that person turns 68 years of age and $10 for a person who purchases the license in the year in which that person turns 69 years of age.__A person who is 70 years of age or older may purchase the senior resident lifetime hunting license at the same rate as may a person who is 69 years of age; and

(3) A senior resident combination lifetime fishing and hunting license. The fee for a senior resident combination lifetime fishing and hunting license is $80 for a person who purchases the license in the year in which that person turns 65 years of age, $64 for a person who purchases the license in the year in which that person turns 66 years of age, $48 for a person who purchases the license in the year in which that person turns 67 years of age, $32 for a person who purchases the license in the year in which that person turns 68 years of age and $16 for a person who purchases the license in the year in which that person turns 69 years of age. A person who is 70 years of age or older may purchase the senior resident lifetime fishing license at the same rate as may a person who is 69 years of age.

A person who is 70 years of age or older is entitled to receive a complimentary lifetime license under section 7076, subsection 1, but may purchase a lifetime license as authorized in subparagraphs 1, 2 and 3.

Sec. 12. 12 MRSA §7161, first and 2nd ¶¶, as enacted by PL 1997, c. 679, §1, are amended to read:

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. A person who has purchased a senior lifetime license with hunting privileges may, at any time during the calendar year in which that person turns 70 years of age, apply for the same privileges extended to complimentary license holders under the provisions of section 7076, subsection 1.

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

Sec. 13. 12 MRSA §7174, sub-§2, as enacted by PL 1979, c. 420, §1, is amended to read:

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

Sec. 14. 12 MRSA §7202, sub-§3, as enacted by PL 1999, c. 315, §6, is amended to read:

3. 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 II-A.

Sec. 15. 12 MRSA §7352, sub-§3, ¶B, as amended by PL 1981, c. 644, §15, is further amended to read:

B. The record shall must be open for inspection by the commissioner or his the commissioner's agent, and shall must be filed with the commissioner, after being notarized, on or before June 30th of each year.

Sec. 16. 12 MRSA §7352-A, sub-§4, as enacted by PL 1991, c. 642, is amended to read:

4. Restrictions. Each 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, after being notarized, on or before February 1st of the following year.

Sec. 17. 12 MRSA §7354, sub-§3, as enacted by PL 1989, c. 913, Pt. C, §4, is amended to read:

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 notarized copy of the record with the commissioner no later than 10 days after the end of the year during which the license is valid.

Sec. 18. 12 MRSA §7365, sub-§6-A, as amended by PL 1997, c. 730, §3 and affected by §22, is further amended to read:

6-A. Sale of business; allocations. When a licensed whitewater 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. 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. 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 General Whitewater Rafting Fund and are considered revenues of the department.

Sec. 19. 12 MRSA §7377, sub-§5-A, as enacted by PL 1995, c. 455, §25, is repealed.

Sec. 20. 12 MRSA §7406, sub-§20, ¶A, as amended by PL 1999, c. 790, Pt. J, §4, is further amended to read:

A. Notwithstanding the provisions of subsection 9-A:

(1) A person may hunt migratory waterfowl from a motorboat in accordance with federal regulations;

(2) A person who has a valid Maine permit to carry a concealed weapon may have in or on a motor vehicle or trailer a loaded pistol or revolver covered by that permit; and

(3) Paraplegics and single or double amputees of the legs may shoot from motor vehicles that are not in motion.; and

(4)__It is lawful to hunt wild animals and wild birds from floating craft, including those capable of being propelled by motor, sail and wind, or both only when a motor of the craft has been completely shut off or the sails furled, as the case may be, and the progress or motion of the craft in the water has ceased and the craft is drifting, beached, moored, resting at anchor or is being propelled solely by paddle, oars or pole.

Sec. 21. 12 MRSA §7457, sub-§1, ¶A, as amended by PL 1999, c. 16, Pt. G, §5, is further amended to read:

A. Except as otherwise provided in this section, section and sections 7102-A, 7102-B, and 7107-A or by rule adopted by the commissioner pursuant to this section, there is an open season on deer in each calendar year in all counties of the State from the 5th Monday preceding Thanksgiving to November 30th the 2nd Saturday following Thanksgiving. In any year when November 30th falls on a Wednesday, Thursday or Friday, the commissioner may, by rule, extend the open season on deer to the first Saturday in December. In any year in which the commissioner extends the season beyond November 30th, the commissioner shall by rule open the season in the northern portion of the State a week before

opening the season in the southern portion of the State. The commissioner may by rule establish for this purpose a northern and a southern zone.

Sec. 22. 12 MRSA §7462, sub-§3, as enacted by PL 1979, c. 420, §1, is repealed.

Sec. 23. 12 MRSA §7463-A, sub-§1-A, as amended by PL 1997, c. 432, §44, is further amended to read:

1-A. Areas open to moose hunting. The commissioner may establish designate by rule areas of the State open to moose hunting zones. Physical boundaries must be used to delineate all zones. The boundaries of the zones and the number of permits to be issued for each zone must be made public at least 14 days before application for permits may be made.

Sec. 24. 12 MRSA §7463-A, sub-§2-B, as enacted by PL 1999, c. 402, §3, is amended to read:

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

A. The number of moose permits to be issued every year, including a percentage for antlerless moose;

B. The length of the moose hunting season; and

C. The timing of the moose hunting season.

The commissioner shall adopt rules for paragraphs B and C governing moose hunts occurring after 1999 and rules for paragraph A governing moose hunts occurring after 2000. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-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 subsection.

Sec. 25. 12 MRSA §7463-A, sub-§4, as amended by PL 1999, c. 402, §5, is further amended to read:

4. Hunting permits. In accordance with the provisions of subsections 1-A , 2-A and 2-B, 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 zone. No more than 10% of the moose hunting permits may be issued to nonresident and alien hunters. A person whose application is

selected may purchase a moose hunting permit upon presentation of proof that the person possesses:

A. A valid Maine hunting license, if the person is a resident of the State; or

B. A valid Maine big game hunting license, if the person is a nonresident or alien.

The fee for a moose hunting permit is $29 for residents and $300 for nonresidents and aliens. While hunting moose, each nonresident or alien hunter, both permittee and subpermittee, must be in possession of a valid Maine nonresident or alien big game hunting license, whichever is applicable.

Sec. 26. 12 MRSA §7463-A, sub-§7, as enacted by PL 1981, c. 118, §2, is amended to read:

7. Selection procedure. Permittees shall must be selected by a public chance drawing. Alternates shall be chosen and may receive permits in the event that selected hunters do not purchase permits.

Sec. 27. 12 MRSA §7463-A, sub-§10, ¶B, as repealed and replaced by PL 1987, c. 696, §11, is amended to read:

B. Moose registration agents shall register each moose legally presented for registration and shall attach a seal to each moose in the manner directed by and with materials furnished by the commissioner. The person registering a moose shall pay to the moose registration agent the sum of $1 for the seal, which sum is retained by the agent.

Sec. 28. 12 MRSA §7463-A, sub-§14, as enacted by PL 1997, c. 432, §46, is amended to read:

14. Point system for public chance drawing. The department shall adopt rules establishing a point system for applicants beginning with the 1998 in the public chance drawing. The rules must allow a person to accumulate one point for each consecutive year that person purchases an application for a 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 II-A.

Sec. 29. 12 MRSA §7552, sub-§5-A, ¶C, as enacted by PL 1993, c. 155, §3, is amended to read:

C. Whenever the last day of open-water fishing season falls on a Saturday, the commissioner shall issue a rule extending the season is extended one day to include the following Sunday;

Sec. 30. 12 MRSA §7605, as enacted by PL 1979, c. 420, §1, is amended to read:

§7605. Illegally introducing fish or fish spawn

A person is guilty of illegally introducing fish or fish spawn if he that person introduces fish or fish spawn raised by the department into a private pond, except that such an introduction may be permitted for fishing events held in conjunction with educational or special programs sanctioned by the department.

Sec. 31. 12 MRSA §7606, sub-§2, as enacted by PL 1985, c. 607, §5, is amended to read:

2. Failure to label baitfish traps, drop nets or baitfish holding boxes. A person is guilty of failure to label baitfish traps, drop nets or baitfish holding boxes if he that person sets or places within the inland waters of the State any baitfish trap, drop net or any baitfish holding box without having the baitfish trap, drop net or baitfish holding box plainly labeled with his that person's full name and address.

Sec. 32. 12 MRSA §7771, sub-§3, as amended by PL 1997, c. 255, §1, is further amended to read:

3. Taking of certain fish. After hearing pursuant to section 7035, 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. The commissioner shall solicit bids prior to issuing a permit under this subsection to take fish for reclamation purposes and may solicit bids prior to issuing any other permit issued under this subsection.

Sec. 33. 12 MRSA §7801, sub-§19, as amended by PL 1989, c. 913, Pt. A, §13, is further amended to read:

19. Failure to report a watercraft accident. A person is guilty of failure to report a watercraft accident if that person is the operator or owner of any a watercraft involved in any a collision, accident or other casualty while using a watercraft which that results in the death of a person, a person's losing

consciousness or receiving medical treatment, a person's becoming disabled for more than 24 hours, or a person's disappearance from a watercraft under circumstances indicating death or injury, or damage to the watercraft or other property of more than $300 and fails to file accident reports as follows:

A. A written report on forms provided by the commissioner containing such the information as required within 24 hours of the occurrence if a person dies, disappears, loses consciousness, receives medical treatment, or is disabled for more than 24 hours, or within 5 days of the occurrence if the accident involved property damage only; and

B. A report of the occurrence, by the quickest means of communication, to the nearest available law enforcement officer to the place where the accident occurred.

Accidents involving damage only to watercraft or other property to the estimated amount of $1,000 or more must be reported within 72 hours on forms provided by the department.

Sec. 34. 12 MRSA §7801, sub-§30, as amended by PL 1995, c. 455, §40, is further amended to read:

30. Failure to comply with additional safety requirements while operating a personal watercraft. A person is guilty of failure to comply with additional safety requirements while operating a personal watercraft if that person:

A. Or any passenger is not wearing Coast Guard approved Type I, Type II or Type III personal flotation devices while operating or riding on the personal watercraft; or

B. Operates the personal watercraft during the hours between sunset and sunrise; or.

C. Operates a personal watercraft before attaining the age of 12 years.

Sec. 35. 12 MRSA §7801, sub-§37 is enacted to read:

37.__Unlawfully renting or leasing a personal watercraft.__A person is guilty of unlawfully renting or leasing a personal watercraft if that person rents or leases a personal watercraft in violation of section 7798-B.

Sec. 36. 12 MRSA §7824, sub-§10, ¶D, as enacted by PL 1999, c. 692, §1, is amended to read:

D. Prior to issuing a registration certificate to a

resident for a new snowmobile, a snowmobile registration agent shall require that the registrant produce evidence that the registrant's name has been submitted to the manufacturer of the snowmobile for warranty coverage and to receive any product recalls and safety updates. For the purpose of this paragraph, the warranty registration form provided to the registrant by the selling dealer at the time of sale is sufficient evidence.

Sec. 37. 12 MRSA §7827, sub-§20-A is enacted to read:

20-A.__Abuse of another person's property.__A person is guilty of abuse of another person's property if, while operating a snowmobile, that person:

A.__Tears down or destroys a fence or wall on another person's land;

B.__Leaves open a gate or bars on another person's land; or

C.__Tramples or destroys crops on another person's land.

Sec. 38. 12 MRSA §7827, sub-§22, as amended by PL 1997, c. 796, §7, is further amended to read:

22. Failure to report accident. A person is guilty of failure to report a snowmobile accident if that person:

A. Is the operator of any a snowmobile involved in any a accident resulting in injuries requiring the services of a physician, or in death of any a person or in property damage to the estimated amount of $1,000 or more; some person acting for such an operator; or the owner of the involved snowmobile having knowledge of the accident, should the operator of the snowmobile be unknown; and

B. Fails to 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.

Sec. 39. 12 MRSA §7827, sub-§27, as enacted by PL 1999, c. 127, Pt. B, §3, is repealed.

Sec. 40. 12 MRSA §7854, sub-§10, ¶C, as enacted by PL 1999, c. 692, §2, is amended to read:

C. Prior to issuing a registration certificate to a resident for a new ATV, an ATV registration agent shall require that the registrant produce evidence that the registrant's name has been submitted to the manufacturer of the ATV for warranty coverage and to receive any product recalls and safety updates. For the purpose of this paragraph, the warranty registration form provided to the registrant by the selling dealer at the time of sale is sufficient evidence.

Sec. 41. 12 MRSA §7857, sub-§22, as amended by PL 1989, c. 913, Pt. A, §17, is further amended to read:

22. Failure to report accident. A person is guilty of failure to report an ATV accident, if that person:

A. Is the operator of an ATV involved in any an accident resulting in injuries requiring the services of a physician, or in death of any a person or in property damage to the estimated amount of $300 or more; some person acting for such an operator; or the owner of the involved ATV having knowledge of the accident, should the operator of the ATV be unknown; and

B. Fails to 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.

Sec. 42. 12 MRSA §7857, sub-§22-B is enacted to read:

22-B.__Abuse of another person's property.__A person is guilty of abuse of another person's property if, while operating an ATV, that person:

A.__Tears down or destroys a fence or wall on another person's land;

B.__Leaves open a gate or bars on another person's land; or

C.__Tramples or destroys crops on another person's land.

Sec. 43. 12 MRSA §7857, sub-§24, ¶E, as amended by PL 1985, c. 762, §21, is further amended to read:

E. Notwithstanding subsections 13, 13-A and 14, those

subsections do not apply on land which is owned by the parent or guardian of the operator or on land where permission for use has been granted to the parent or guardian.

Sec. 44. 12 MRSA §7901, sub-§1, as enacted by PL 1979, c. 420, §1, is amended to read:

1. A violation of section 7406, subsection 15, failure to aid injured person, is a Class C crime.

Sec. 45. 12 MRSA §7901, sub-§2-A, as amended by PL 1989, c. 252, §3, is further amended to read:

2-A. Bear. A violation of section 7406, subsection 1, as it applies to bear, section 7432, subsection 1 or section 7452, subsection 3 or 4 is a Class D crime. A convicted person shall must be imprisoned for not more than 180 days and shall must be fined not less than $1,000. This fine is may not to be suspended.

Sec. 46. 12 MRSA §7901, sub-§18, as enacted by PL 1999, c. 127, Pt. B, §5, is amended to read:

18. Unlawfully renting or leasing a personal watercraft. A violation of section 7827 7801, subsection 27 37 is a civil violation for which a forfeiture of not less than $200 must be adjudged. The $200 minimum fine may not be waived by the court.

Sec. 47. Effective date. The section of this Act that amends the Maine Revised Statutes, Title 12, section 7463-A, subsection 14 takes effect January 1, 2002.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved, except as otherwise indicated.

SUMMARY

This bill amends provisions of the State's fish and wildlife laws.