HP1369, LD 1921, item 2, Document Text

Amend the bill in section 6 in §11108-C by striking out all of subsection 4 (page 2, lines 36 to 38 and page 3, lines 1 to 8 in L.D.) and inserting the following:

‘4. Supervision of junior hunters 16 years of age. A hunter 16 years of age who obtained a junior hunting license before that person reached 16 years of age may not hunt with that license unless the person is in the presence of and under the effective control of an adult a junior hunter supervisor or the person has successfully completed a hunter safety course acceptable under section 11105 established under section 10108 specific to the method of hunting authorized by the license. The following penalties apply to a violation of this subsection:

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

B. A person who violates paragraph A 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.’

Amend the bill by adding after section 7 the following:

‘Sec. 8. 12 MRSA §12201, sub-§1-B, ¶A, as enacted by PL 2013, c. 538, §30, is amended to read:

A. " Adult Junior trapper supervisor" means:

(1) The parent or guardian of the junior trapper; or

(2) A person 18 years of age or older who:

(a) Is approved by the parent or guardian of the junior trapper; and

(b) Holds or has held a valid Maine trapping license or meets the requirements of subsection 3.

Sec. 9. 12 MRSA §12201, sub-§5-A is enacted to read:

5-A. Junior trapping license requirements. A trapper 16 years of age who obtained a junior trapping license before that person reached 16 years of age may not trap with that license unless the person is in the presence of and under the effective control of a junior trapper supervisor at all times while trapping or the person has successfully completed a trapper education course established under section 10108, subsection 7. The following penalties apply to a violation of this subsection:

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

B. A person who violates paragraph A 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. 10. 12 MRSA §12201, sub-§7, as amended by PL 2013, c. 538, §32, is further amended to read:

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

A. A person under 10 years of age may not trap unless that person is accompanied at all times while trapping by an adult a junior trapper supervisor. A person under 10 years of age may not trap bear.

B. A person over 10 years of age and under 16 years of age may not trap unless that person:

(1) Holds a junior trapping license; and

(2) Is in the presence of and under the effective control of an adult a junior trapper supervisor at all times while trapping, unless the holder of the junior trapping license submits proof of having successfully completed a trapper education course of the type described in section 10108, subsection 7.

Sec. 11. 12 MRSA §12201, sub-§9, as repealed and replaced by PL 2013, c. 538, §33, is amended to read:

9. Penalties for supervisors of junior trappers. A person who is the adult junior trapper supervisor of a holder of a valid junior trapping license when that junior trapper violates any provision of this Part pertaining to trapping:

A. Commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged; and

B. 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. 12. 12 MRSA §12204, sub-§1, ¶B, as amended by PL 2015, c. 301, §30, is further amended to read:

B. " Adult Apprentice trapper supervisor" means a person who is 18 years of age or older and has held a valid adult trapping license under this subchapter for the prior 3 consecutive years.

Sec. 13. 12 MRSA §12204, sub-§2, as amended by PL 2013, c. 538, §34, is further amended to read:

2. Adult Apprentice trapper supervisor required. A holder of an apprentice trapper license may not trap other than in the presence of an adult apprentice trapper supervisor.

Sec. 14. 12 MRSA §12204, sub-§3, as amended by PL 2013, c. 538, §34, is further amended to read:

3. Adult Apprentice trapper supervisor responsibility. An adult apprentice trapper supervisor shall ensure that the holder of an apprentice trapper license follows safe and ethical trapping protocol and adheres to the laws under this Part. An adult apprentice trapper supervisor may not intentionally permit a person trapping under an apprentice trapper license with that adult apprentice trapper supervisor to violate subsection 2.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment changes the term that refers to the person who supervises a junior trapper from "adult trapper supervisor" to "junior trapper supervisor." The amendment clarifies that a person 16 years of age who obtained a junior trapping license before that person reached 16 years of age must either successfully complete a trapper education course prior to trapping or be supervised by a junior trapper supervisor while trapping after the person turns 16 years of age.

Additionally, the amendment changes a statutory reference to the hunter safety course a junior hunter is required to complete if not supervised by a junior hunter supervisor.

FISCAL NOTE REQUIRED

(See attached)

HP1369 LD 1921	Session - 129th Maine Legislature C "A", Filing Number H-721, Sponsored by		LR 3048 Item 2
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