An Act To Prohibit the Unauthorized Harvesting of Wild Mushrooms and Fiddleheads
Sec. 1. 12 MRSA §8841, sub-§4 is enacted to read:
Sec. 2. 12 MRSA §8841, sub-§5 is enacted to read:
Sec. 3. 12 MRSA §8842-A, as enacted by PL 2003, c. 452, Pt. F, §40 and affected by Pt. X, §2, is amended to read:
§ 8842-A. Owner's permission required
(1) The value of the trees or , boughs , wild mushrooms or fiddleheads is more than $10,000. Violation of this subparagraph is a Class B crime;
(2) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;
(3) The value of the trees or , boughs , wild mushrooms or fiddleheads is more than $2,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;
(4) The value of the trees or , boughs , wild mushrooms or fiddleheads is more than $1,000 but not more than $2,000. Violation of this subparagraph is a Class D crime; or
(5) The person has 2 prior Maine convictions for any combination of the following: theft; any violation of Title 17-A, section 401 in which the crime intended to be committed inside the structure is theft; any violation of Title 17-A, section 651; any violation of Title 17-A, section 702, 703 or 708; or attempts thereat. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.
(1) The value of the trees or , boughs , wild mushrooms or fiddleheads is more than $10,000. Violation of this subparagraph is a Class B crime;
(2) The person is armed with a dangerous weapon at the time of the offense. Violation of this subparagraph is a Class B crime;
(3) The value of the trees or , boughs , wild mushrooms or fiddleheads is more than $2,000 but not more than $10,000. Violation of this subparagraph is a Class C crime;
(4) The value of the trees or , boughs , wild mushrooms or fiddleheads is more than $1,000 but not more than $2,000. Violation of this subparagraph is a Class D crime; or
(5) The person has 2 prior Maine convictions for any combination of the following: theft; any violation of Title 17-A, section 401 in which the crime intended to be committed inside the structure is theft; any violation of Title 17-A, section 651; any violation of Title 17-A, section 702, 703 or 708; or attempts thereat. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.
Sec. 4. 12 MRSA §8844, as repealed and replaced by PL 1983, c. 507, §2, is amended to read:
§ 8844. Seizure or attachment
Any officer authorized to make inspections, investigations or arrests under this Article may seize and hold Christmas trees or , evergreen boughs , wild mushrooms or fiddleheads until proof of ownership has been established. If no proof of ownership has been established, the officer shall try to determine where those trees or , boughs , wild mushrooms or fiddleheads were cut or harvested and notify the landowner. If the owner does not want the trees or , boughs, wild mushrooms or fiddleheads, or ownership cannot be determined, the State may dispose of them and any money derived from the disposition of the trees and , boughs shall , wild mushrooms or fiddleheads must be paid to the landowner, if his the landowner's identity can be established and, otherwise, to the Treasurer of State to be credited to the General Fund.
Sec. 5. 12 MRSA §8847, as repealed and replaced by PL 1983, c. 507, §4, is amended to read:
§ 8847. Enforcement agencies
State police, county sheriffs, municipal law enforcement officers, state forest rangers and game wardens are authorized to make inpsections inspections, investigations, arrests and disposals of trees and , boughs , wild mushrooms and fiddleheads under this Article.
Sec. 6. 22 MRSA §2175, sub-§3, as amended by PL 2011, c. 587, §1, is further amended to read:
Sec. 7. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 12, chapter 805, subchapter 3, article 2, in the article headnote, the words "transportation or cutting of christmas trees" are amended to read "transportation, cutting or harvesting of christmas trees, evergreen boughs, wild mushrooms and fiddleheads" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
summary
The purpose of this bill is to protect woodland owners by requiring anyone harvesting wild mushrooms or fiddleheads commercially to have written permission or a bill of sale from the landowner before harvesting or transportation. The permission requirements and enforcement provisions of this bill are the same as currently exist in Maine law for commercial harvesting of Christmas trees and boughs for wreaths. The bill also authorizes the Department of Health and Human Services to decline to certify or revoke the certification under the Maine Wild Mushroom Harvesting Certification Program of any person found in violation of the prohibition.