HP0370
LD 486
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 637
Item 2
Bill Tracking Chamber Status

Amend the bill by striking out all of sections 6 to 8 and inserting the following:

Sec. 6. 12 MRSA §11108-B  is enacted to read:

§ 11108-B Apprenticeship hunter license restrictions

1 Supervisor required.   A holder of an apprenticeship hunter license may not hunt other than in the presence of a person at least 18 years of age who holds a valid Maine hunting license.
A 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 $500 and not more than $1,000 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.

2 Supervisor eligibility and responsibility.   A supervisor must have held a valid hunting license for the prior 5 consecutive years to be qualified to supervise a holder of an apprenticeship license. A supervisor is responsible for ensuring that the holder of an apprenticeship hunter license follows safe hunting protocol and the laws under this Part. A supervisor may not intentionally permit a person hunting under an apprenticeship hunter license with that supervisor to violate subsection 1.
A 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 $500 must 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 Eligibility.   A person who is 16 years of age or older and not a holder of a valid hunting license or junior hunting license may hold an apprenticeship hunter license. A person may not be issued an apprenticeship hunter license after having held an apprenticeship hunter license under section 11109.
4 Expiration of apprenticeship hunter license.   An apprenticeship hunter license is valid for up to 12 calendar months and expires on December 31st.
5 Definition.   For 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. For purposes of this section, "supervisor" means a person or persons who are 18 years of age or older, hold a valid Maine hunting license and are hunting with a person holding an apprenticeship hunter license.

Sec. 7. 12 MRSA §11109, sub-§3, ¶E-1  is enacted to read:

E-1 A resident apprenticeship hunter license, which includes a bear hunting permit and a wild turkey hunting permit under sections 11151 and 11155 respectively, is $21.

Sec. 8. 12 MRSA §11109, sub-§3, ¶O  is enacted to read:

O A nonresident small game apprenticeship hunter license, which permits the hunting of all legal species except deer, bear, turkey, moose, raccoon and bobcat, is $67.

Sec. 9. 12 MRSA §11109, sub-§3, ¶P  is enacted to read:

P A nonresident big game apprenticeship hunter license, which permits the hunting of all legal species and includes a bear hunting permit and a wild turkey hunting permit under sections 11151 and 11155 respectively, is $102.

summary

This amendment modifies the apprenticeship hunter license restriction provisions of the bill to:

1. Remove provisions that allow a person who does not hold a Maine hunting license but has passed a hunter safety course to serve as a supervisor to an apprentice hunter;

2. Increase the fine for a person hunting under an apprenticeship hunter license without being in the presence of a supervisor from a fine of not less than $100 and not more than $500 to a fine of not less than $500 and not more than $1,000;

3. Provide that a supervisor must have held a hunting license for the prior 5 years to be eligible to be a supervisor and provide that the supervisor is responsible for ensuring that the apprentice hunter follows safe hunting protocol and hunting laws;

4. Provide that a supervisor may not intentionally permit a person hunting under an apprenticeship hunter license with that supervisor to hunt outside of that supervisor's presence and make a violation of that requirement a civil violation for which a fine of not less than $500 must be imposed;

5. Provide that a person is eligible to hold an apprenticeship hunter license only once and that the license expires on December 31st;

6. Provide that a resident and a nonresident big game apprenticeship hunter license each includes a bear hunting permit and a wild turkey hunting permit and that the resident license costs $21 and the nonresident license costs $102; and

7. Provide for a nonresident small game apprenticeship hunter license for $67.


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