Sec. F-1. 10 MRSA §2364-B, sub-§1, ¶D, as enacted by PL 1997, c. 648, §2, is amended to read:
D. For wood harvested in the State, the number on the harvest notification form filed with the Bureau of Forestry in accordance with Title 12, section 8883 8883-B;
Sec. F-2. 12 MRSA §903, as amended by PL 1977, c. 694, §237, is repealed and the following enacted in its place:
1. Adoption of rules. The Baxter State Park Authority may adopt rules pursuant to the Maine Administrative Procedure Act it considers necessary for the protection and safety of the public or for the proper observance of the conditions and restrictions expressed in the deeds of trust of the Baxter State Park to the State.
2. Violation of rules. A person who violates any of the rules of the Baxter State Park Authority commits a Class E crime. Except as otherwise specifically provided, these crimes are strict liability crimes as defined in Title 17-A, section 34, subsection 4-A.
3. Destruction of structure, monument, marker or notice. A person who intentionally or knowingly mutilates, defaces or destroys any structure, monument or marker lawfully erected within the boundaries of the Baxter State Park, or any notice or rule of the Baxter State Park Authority that is posted in conformity with this section, commits a Class E crime.
Sec. F-3. 12 MRSA §1880, sub-§1, as enacted by PL 1997, c. 678, §13, is amended to read:
1. Restricted zone; timber harvesting. Timber harvesting operations are not permitted within the restricted zone, except:
A. By direction of the bureau for the purpose of maintaining healthy forest conditions; or
B. By direction of the bureau for the purpose of correcting situations arising from natural disasters.
The spraying of herbicides is prohibited within the restricted zone. No person may fly any aircraft equipped to spray herbicides lower than 500 feet above ground level over any portion of the restricted zone.
Sec. F-4. 12 MRSA §1880, sub-§2, as enacted by PL 1997, c. 678, §13, is repealed.
Sec. F-5. 12 MRSA §1880, sub-§§3 to 7 are enacted to read:
3. Restricted zone; herbicides. The spraying of herbicides is prohibited within the restricted zone.
4. Restricted zone; aircraft. A person may not fly an aircraft equipped to spray herbicides lower than 500 feet above ground level over any portion of the restricted zone.
5. Waterway outside restricted zone. A person may not:
A. Commence a timber harvesting operation in the waterway outside the restricted zone without consultation with or, when required under subsection 6, paragraph B, written approval from the bureau; or
B. Commence a herbicide application in the waterway outside the restricted zone without written approval from the bureau under subsection 6, paragraph B.
6. Operations and application outside restricted zone. The following requirements apply to timber harvesting and herbicide application in the waterway outside the restricted zone.
A. Before a timber harvesting operation is commenced in the waterway outside the restricted zone, a management plan must be submitted to the bureau. The plan must contain:
(1) A description of the proposed timber harvesting operation that includes the type of cutting;
(2) The amount of timber proposed to be removed;
(3) The time of year of cutting and removal;
(4) The location of principal haul roads and crossings in the waterway to be used in connection with the proposed timber harvesting operation;
(5) A plan for reforestation;
(6) A stand table indicating species composition, size class and health of the original and residual stands;
(7) The expected date of reentry;
(8) A pesticide or other chemical treatment planned, excluding the use of herbicides before December 1, 1990; and
(9) A plan for mitigating evidence of harvesting.
When a permit is not required under paragraph B, those who are submitting the management plan shall cooperate with the bureau to address any concerns of the bureau.
B. When the bureau determines that a timber harvesting operation or herbicide application is proposed for an area in the waterway outside the restricted zone and visible from the watercourse, that operation may commence only with approval from the bureau. A request for approval on a form provided by the bureau must be completed and signed by the applicant. This paragraph may not be construed to excuse the applicant from obtaining other permits required by law.
C. The bureau shall, within 30 days of receipt of a form requesting approval, either approve in writing the proposed timber harvesting or herbicide application upon terms and conditions the bureau determines are appropriate and reasonable or disapprove the request, setting forth in writing the reasons for the disapproval. If a decision is not made within the 30 days, the request for the timber harvesting operation or herbicide application is considered approved under the provisions of the management plan submitted.
D. The bureau shall approve a timber harvesting operation or herbicide application when it finds that the management plan provides for the silvicultural alternative that:
(1) Produces the least adverse impact upon the natural character of the area in the wa-terway outside the restricted zone and visible from the watercourse for which the timber harvesting operation or herbicide application is proposed; and
(2) Is economically feasible, except that an applicant may waive the requirement of a finding of economic feasibility.
E. Notwithstanding the provisions of paragraph D, the bureau may not deny approval for the removal of trees that are dead, dying or damaged by natural causes.
F. Before disapproving a request for approval or imposing terms and conditions under paragraph C, the bureau shall have the request for approval and the management plan reviewed by an experienced professional forester.
7. Violations. The following penalties apply to violations of this section.
A. Except as otherwise provided in this subsection, a person who violates any provision of this section or rules adopted or permits issued under this section commits a civil violation for which a fine of up to $1,000 for each day of the violation may be adjudged.
B. A person who intentionally or knowingly falsifies any statement contained in a management plan or application under this section commits a civil violation for which a fine of up to $1,000 may be adjudged.
C. A person who violates the herbicide provisions of this section is subject to the penalties of Title 22, section 1471-J.
In addition, the bureau may in the name of the State institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate any violation of this subchapter or of the rules or permits issued under this subchapter as provided in section 1884.
Sec. F-6. 12 MRSA §1884, 3rd ¶, as amended by PL 2001, c. 604, §16, is repealed.
Sec. F-7. 12 MRSA §6204, as amended by PL 2003, c. 248, §6, is further amended to read:
A violation of any provision of marine resources' laws is a Class D crime, unless another penalty has been expressly provided. Except as otherwise specifically provided, these crimes are strict liability crimes as defined in Title 17-A, section 34, subsection 4-A.
Sec. F-8. 12 MRSA §6421, sub-§1, as amended by PL 2001, c. 421, Pt. B, §19 and affected by Pt. C, §1, is repealed and the following enacted in its place:
1. License required. A person may not engage in the activities authorized under this section without a current:
A. Class I lobster and crab fishing license;
B. Class II lobster and crab fishing license;
C. Class III lobster and crab fishing license;
D. Apprentice lobster and crab fishing license;
E. Student lobster and crab fishing license;
F. Noncommercial lobster and crab fishing license; or
G. Other license issued under this Part authorizing the activities.
Sec. F-9. 12 MRSA §6436, sub-§1, as enacted by PL 1977, c. 661, §5, is repealed and the following enacted in its place:
1. Egg-bearing and v-notched lobsters. A person may not take, transport, sell or possess:
A. Any lobster that is bearing eggs; or
B. Any female lobster marked with a v-notch in the right flipper next to the middle flipper or any female lobster that is mutilated in a manner that could hide or obliterate that mark. The right flipper is determined when the underside of the lobster is down and its tail is toward the person making the determination.
Sec. F-10. 12 MRSA §6501, sub-§1, as amended by PL 2001, c. 421, Pt. B, §25 and affected by Pt. C, §1, is further amended to read:
1. License required. A person may not engage in the activities authorized under this section without a current commercial fishing license or other license under this Part authorizing the activities.:
A. Commercial fishing license for a resident operator;
B. Commercial fishing license for a resident operator and all crew members;
C. Commercial fishing license for a nonresident operator and all crew members; or
D. Other license under this Part authorizing the activities.
Sec. F-11. 12 MRSA §6505-A, sub-§1, as amended by PL 2001, c. 421, Pt. B, §27 and affected by Pt. C, §1, is further amended to read:
1. License required. A person may not fish for or take elvers or possess, ship, transport or sell elvers that the person has taken unless the person is issued an one of the following elver fishing license licenses under this section.:
A. A resident elver fishing license for one device;
B. A resident elver fishing license for 2 devices;
C. A nonresident elver fishing license for one device; or
D. A nonresident elver fishing license for 2 devices.
Sec. F-12. 12 MRSA §6551, as enacted by PL 1977, c. 661, §5, is repealed and the following enacted in its place:
A person may not:
1. Fish for or take tuna; permitted methods. Fish for or take any tuna by any method other than by harpoons or by hook and line; or
2. Possess. Possess any tuna that was taken in an unlawful manner.
Sec. F-13. 12 MRSA §6575-C, sub-§§1 and 2, as enacted by PL 1995, c. 536, Pt. A, §9, are amended to read:
1. Dams with fishways. It is unlawful for a A person to may not fish for or take elvers within 150 feet of any part of a dam with a fishway or within 150 feet of a fishway.
2. Alewife traps. It is unlawful for a A person to may not fish for or take elvers within 50 feet of a licensed alewife trap.
Sec. F-14. 12 MRSA §6575-C, sub-§3, as amended by PL 1997, c. 575, §5, is repealed and the following enacted in its place:
3. Portion of rivers, streams and brooks. A person may not:
A. Fish for or take elvers at any time within the middle 1/3 of a river, stream, brook or other watercourse, as measured at mean high tide, within the coastal waters of the State; or
B. Obstruct the middle 1/3 of any river, stream, brook or other watercourse, as measured at mean low tide, within the coastal waters of the State.
Sec. F-15. 12 MRSA §6575-C, sub-§4, as enacted by PL 1995, c. 536, Pt. A, §9, is amended to read:
4. Dip nets near elver fyke nets. It is unlawful for a A person to may not fish for or take elvers with a dip net in the mouth of an elver fyke net. For the purposes of this subsection, "mouth of an elver fyke net" means that area within an elver fyke net that is net-side of a straight line that runs from one meshed wing tip of the net to the other meshed wing tip.
Sec. F-16. 12 MRSA §6621, sub-§§1 and 2, as enacted by PL 1977, c. 661, §5, are repealed and the following enacted in their place:
1. Taking from closed areas. A person may not:
A. Fish for or take shellfish from any area closed by regulation;
B. Fish for or take shellfish from any area closed by regulation when the person has one or more prior convictions for violating paragraph A;
C. Possess, ship, transport or sell shellfish taken from any area closed by regulation; or
D. Possess, ship, transport or sell shellfish taken from any area closed by regulation when the person has one or more prior convictions for violating paragraph C.
2. Washing or holding in closed areas. A person may not:
A. Wash, hold or keep shellfish in any area closed by regulation;
B. Wash, hold or keep shellfish in any area closed by regulation when the person has one or more convictions for violating paragraph A;
C. Possess, ship, transport or sell shellfish washed, held or kept in any area closed by regulation; or
D. Possess, ship, transport or sell shellfish washed, held or kept in any area closed by regulation when the person has one or more convictions for violating paragraph C.
Sec. F-17. 12 MRSA §6621, sub-§4, as amended by PL 1997, c. 628, §1, is further amended to read:
4. Penalty. A person who violates this article commits a Class D crime. The following minimum penalties apply:
A. For the first offense, a fine of not less than $300; and
B. For subsequent offenses within 10 years from the date of conviction for the first violation, a fine of not less than $500.
The court may not suspend a fine imposed under this subsection. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Sec. F-18. 12 MRSA §6681, sub-§§3 and 4, as enacted by PL 1983, c. 838, §6, are amended to read:
3. Minimum size. It is unlawful to A person may not possess soft-shelled clam shell stock whose shells are less than 2 inches in the largest diameter.:
A. If the soft-shelled clams comprise more than 10% but less than 20% of a bulk pile as determined under subsection 4;
B. If the soft-shelled clams comprise 20% or more of a bulk pile as determined under subsection 4; or
C. If the soft-shelled clams comprise 20% or more of a bulk pile as determined under subsection 4 and the person has one or more prior convictions for violating paragraph B. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
4. Tolerance. Any person may possess soft-shelled clams that are less than 2 inches if, beginning on the effective date of this Article, they comprise less than 30% of any bulk pile; beginning in calendar year 1985, they comprise less than 20% of any bulk pile; and beginning in calendar year 1986, they comprise less than 10% of any bulk pile. The tolerance shall be is determined by numerical count of not less than one peck nor more than 4 pecks taken at random from various parts of the bulk pile or by a count of the entire pile if it contains less than one peck.
Sec. F-19. 12 MRSA §6703, sub-§3, as enacted by PL 1985, c. 662, §4, is amended to read:
3. License limitation; quantity. In any one day, the holder of a noncommercial scallop license may not take or possess more than 2 bushels of shell scallops or 4 quarts of shucked scallops. The holder of a noncommercial scallop license may take or possess scallops only for personal use and may not sell scallops he has taken.
Sec. F-20. 12 MRSA §6703, sub-§3-A is enacted to read:
3-A. License limitation; personal use. The holder of a noncommercial scallop license may take or possess scallops for personal use only and may not sell scallops the holder has taken.
Sec. F-21. 12 MRSA §6743, sub-§§1 and 2, as enacted by PL 1981, c. 297, §4, are repealed and the following enacted in their place:
1. Quahogs from closed areas. A person may not:
A. Fish for or take quahogs, including mahogany quahogs, from an area closed by regulation; or
B. Possess, ship, transport or sell quahogs, including mahogany quahogs, taken from an area closed by regulation.
2. Washing or holding in closed areas. A person may not:
A. Wash, hold or keep quahogs in an area closed by regulation; or
B. Possess, ship, transport or sell quahogs washed, held or kept in an area closed by regulation.
Sec. F-22. 12 MRSA §6747, sub-§§1 and 2, as enacted by PL 1987, c. 328, §3, are repealed and the following enacted in their place:
1. Taking from closed areas. A person may not:
A. Fish for or take mussels from an area closed by regulation; or
B. Possess, ship, transport or sell mussels taken from an area closed by regulation.
2. Washing or holding in closed areas. A person may not:
A. Wash, hold or keep mussels in an area closed by regulation; or
B. Possess, ship, transport or sell mussels washed, held or kept in an area closed by regulation.
Sec. F-23. 12 MRSA §6803, sub-§1, as amended by PL 2001, c. 421, Pt. B, §50 and affected by Pt. C, §1, is further amended to read:
1. Permit required. A Except as provided in subsections 1-A and 2, a person may not harvest, possess, ship, transport or sell seaweed without a current seaweed permit, except that an employee or immediate relation of a seaweed permit holder may harvest, possess or transport seaweed for commercial purposes with a supplemental seaweed permit.:
A. Resident seaweed permit; or
B. Nonresident seaweed permit.
Sec. F-24. 12 MRSA §6803, sub-§1-A is enacted to read:
1-A. Supplemental permit. An employee or immediate relation of a seaweed permit holder may harvest, possess or transport seaweed for commercial purposes with a current:
A. Resident supplemental seaweed permit; or
B. Nonresident supplemental seaweed permit.
Sec. F-25. 12 MRSA §6804, sub-§1, as amended by PL 2003, c. 248, §10, is further amended to read:
1. License required. A person may not engage in the activities authorized under this section without a current commercial northern shrimp license.:
A. Resident commercial northern shrimp license;
B. Resident with crew commercial northern shrimp license; or
C. Nonresident with crew commercial northern shrimp license.
Sec. F-26. 12 MRSA §6851, sub-§1, as amended by PL 2001, c. 421, Pt. B, §53 and affected by Pt. C, §1, is further amended to read:
1. License required. A person may not engage in the activities authorized under this section without a current wholesale seafood license or other license issued under this Part authorizing the activities.:
A. Wholesale seafood license;
B. Supplemental wholesale seafood license; or
C. Other license issued under this Part authorizing the activities.
Sec. F-27. 12 MRSA §6853, sub-§1, as amended by PL 2001, c. 421, Pt. B, §57 and affected by Pt. C, §1, is further amended to read:
1. License required. A person may not engage in the activities authorized under this section without a current marine worm dealer's or other license issued under this Part authorizing the activities.:
A. Marine worm dealer's license;
B. Supplemental marine worm dealer's license; or
C. Other license issued under this Part authorizing the activities.
Sec. F-28. 12 MRSA §6854, sub-§1, as amended by PL 2001, c. 421, Pt. B, §58 and affected by Pt. C, §1, is further amended to read:
1. License required. A person may not engage in the activities authorized under this section without a lobster transportation license. current:
A. Lobster transportation license; or
B. Supplemental lobster transportation license.
Sec. F-29. 12 MRSA §6855, sub-§1, as amended by PL 2001, c. 421, Pt. B, §59 and affected by Pt. C, §1, is further amended to read:
1. License required. A person may not engage in the activities authorized under this section without a shellfish transportation license. current:
A. Shellfish transportation license; or
B. Supplemental shellfish transportation license.
Sec. F-30. 12 MRSA §6858, sub-§1, as amended by PL 1991, c. 39, §9, is further amended to read:
1. Size of lobster meat. It is unlawful to A person may not possess any tail section of lobster meat removed from the shell except in accordance with rules adopted by the commissioner.
Sec. F-31. 12 MRSA §6858, sub-§2, as enacted by PL 1977, c. 661, §5, is repealed and the following enacted in its place:
2. Condition of lobster meat. A person may not:
A. Remove a tail section of lobster meat from the shell unless it is removed whole and intact; or
B. Possess any tail section of lobster meat removed from the shell that is not whole and intact.
Sec. F-32. 12 MRSA §6861-A, sub-§1, ¶¶A and B, as enacted by PL 1989, c. 348, §13, are amended to read:
A. It is unlawful to A person may not possess crayfish meat removed from the shell except as follows:
(1) For immediate personal consumption;
(2) For the purpose of serving the meat immediately to a customer;
(3) Under refrigeration and in its original container, clearly labeled as crayfish, with the country or state of origin clearly disclosed; or
(4) Mixed with other food if receipts are available to prove the product is crayfish.
A violation of this paragraph is subject to the general penalty provisions of section 6204.
B. It is prima facie evidence that lobster or crayfish meat is illegal lobster meat if the crayfish or lobster meat is outside the shell; is not in its original container and clearly labeled as crayfish, with the country or state of origin clearly disclosed; and:
(1) Does not meet the legal length requirements for lobster established in section 6858; or
(2) Is unmixed with any other food and there are no receipts available to prove the product is crayfish.
A violation of this paragraph is subject to the penalties provided by section 6858.
Sec. F-33. 12 MRSA §6861-A, sub-§2, as enacted by PL 1989, c. 348, §13, is repealed and the following enacted in its place:
2. Mix or commingle. A person may not:
A. Mix or commingle crayfish in any form with lobster;
B. Cause or allow crayfish to be mixed or commingled with lobster; or
C. Possess a mixture of crayfish and lobster.
Sec. F-34. 12 MRSA §6861-A, sub-§6, as enacted by PL 1989, c. 348, §13, is repealed and the following enacted in its place:
6. Penalties. The following penalties apply to violations of this section.
A. Violation of subsection 1, paragraph A is subject to the general penalty provisions of section 6201.
B. Violation of subsection 1, paragraph B is subject to the penalty provisions of section 6431, subsection 7.
C. Except as provided in paragraphs A and B, violation of this section is a Class D crime, except that the court shall impose a fine of not less than $100.
Sec. F-35. 12 MRSA §6952, as amended by PL 1983, c. 52, is repealed.
Sec. F-36. 12 MRSA §6952-A is enacted to read:
§6952-A. Trawling, seining or netting for lobster
1. Trawling, seining or netting for lobsters prohibited. A person may not:
A. Fish for or take lobsters by use of an otter or beam trawl, a scallop drag or trawl, seine or net; or
B. Possess any lobsters, regardless of their source, on board any boat rigged for otter or beam trawling, scallop dragging or trawling, seining or netting.
2. Exception; liberated alive. A person does not violate this section if the lobster is immediately liberated alive in the coastal waters.
3. Exceptions; boats. This section does not apply to:
A. A boat rigged for otter or beam trawling, scallop dragging or trawling, or seining if all nets and scallop drags are removed from the boat; or
B. A boat rigged for netting if there are no finfish taken by gill net aboard.
Sec. F-37. 12 MRSA §6954-A, sub-§1, as amended by PL 1997, c. 78, §2, is repealed and the following enacted in its place:
1. Violation. Unless permitted by rules adopted under subsection 1-A, a person may not:
A. Take scallops by any means within the Frenchboro area; or
B. Operate any watercraft when towing a drag or trawl within the Frenchboro area. A drag or trawl must be lifted out of the water to transit the cable area.
For purposes of this section, "the Frenchboro area" means the following area: starting at the easternmost point on Red Point, Swan's Island; thence in an easterly direction to the southernmost point of the western Sister's Island; thence in a southeasterly direction to the southernmost point of Crow Island; thence in a southerly direction to the northernmost point of Harbor Island, Frenchboro, Long Island; thence southerly to the state ferry terminal located on the eastern side of Lunt's Harbor, Frenchboro, Long Island, and then starting at the westernmost point of Gooseberry Point on Frenchboro, Long Island; westerly to the northeast point of John's Island; thence northwest to the easternmost point of the largest of the Baker Islands; thence northwesterly to the northeastern point of Harbor Island, Swan's Island; thence northerly to Quarry Wharf, Minturn, Swan's Island.
Sec. F-38. 12 MRSA §8832, sub-§3 is enacted to read:
3. Violation. A person may not:
A. Misgrade shingles; or
B. Engage in the unauthorized use of MCST grades.
Sec. F-39. 12 MRSA §8842, as repealed and replaced by PL 1983, c. 507, §2, is repealed.
Sec. F-40. 12 MRSA §8842-A is enacted to read:
§8842-A. Owner's permission required
1. Cutting prohibited. A person may not:
A. Cut Christmas trees or evergreen boughs on land of another without securing written permission or a bill of sale from the owner or the owner's authorized agents. Only one such permit is needed per work crew. Violation of this paragraph is a Class E crime; or
B. Violate paragraph A when:
(1) The value of the trees or boughs 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 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 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.
2. Transport prohibited. A person may not:
A. Transport Christmas trees or evergreen boughs without written permission or a bill of sale from the owner of the land where the trees or evergreen boughs were harvested or that owner's authorized agents. Violation of this paragraph is a Class E crime; or
B. Violate paragraph A when:
(1) The value of the trees or boughs 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 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 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.
3. Inspections and investigations. An officer authorized to make inspections and investigations under this article may require of any person, firm or corporation engaged in cutting or transporting Christmas trees or evergreen boughs to show:
A. If engaged in cutting trees or boughs belonging to another, a current written permit or bill of sale issued pursuant to subsection 1, paragraph A; and
B. If engaged in transportation, a current written permit, bill of sale, port of entry statement or other written proof of ownership when transporting for commercial purposes trees, loose or in bundles, or boughs, loose or baled. A driver shall carry this permit on the driver's person or in the vehicle.
4. Remedies not exclusive. Prosecution under this section does not preclude the civil remedy available under Title 14, section 7552.
5. Strict liability. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. F-41. 12 MRSA §8849, as repealed and replaced by PL 1983, c. 507, §6, is repealed.
Sec. F-42. 12 MRSA §8882, as amended by PL 1997, c. 648, §3, is further amended to read:
Forms required under this subchapter must be provided by the bureau and must be written in an easily understandable format. In addition to the information required under section 8883 8883-B, the bureau may request information regarding business practices and workers' compensation coverage.
Sec. F-43. 12 MRSA §8883, as amended by PL 2003, c. 345, §1, is repealed.
Sec. F-44. 12 MRSA §8883-B is enacted to read:
1. Notification required prior to harvest. Unless exempted under subsection 6 or by rule, prior to commencing harvesting operations the landowner or designated agent shall notify the bureau of:
A. A harvest operation of 50 cords or less; or
B. A commercial harvest operation of more than 50 cords.
When the harvest is occurring within a municipality, the bureau shall send a copy of the notification form to the municipal clerk.
2. Notification form. Unless an alternate form or method of reporting is provided in rule, notification must be on forms supplied by the bureau and must include the following information:
A. The name, address and phone number of the landowner, any designated agent and, if known, any harvester or harvesters;
B. The name and address of any licensed professional forester consulting the landowner on forest management or harvesting practices;
C. The municipality or township and county of harvest;
D. The name of the nearest public or private all-weather road;
E. The approximate dates the harvest will begin and finish;
F. The anticipated acreage to be harvested;
G. An indication whether the land being harvested is taxed under the Maine Tree Growth Tax Law. If the land being harvested is taxed under the Maine Tree Growth Tax Law, the notification must include a statement, signed by the landowner, indicating that the harvest is consistent with the forest management and harvest plan required by Title 36, section 574-B, subsection 1. A licensed professional forester who has a fiduciary responsibility to the landowner may sign the statement required in this paragraph.
Failure to indicate that the harvest is consistent with the forest management and harvest plan constitutes a withdrawal from taxation under the Maine Tree Growth Tax Law of the land being harvested in a manner that is not consistent with the forest management and harvest plan. When such failure is indicated, the director shall notify the assessor for the jurisdiction in which the parcel is located that the land or a portion of the land no longer meets the requirements of Title 36, chapter 105, subchapter 2-A and must be withdrawn in accordance with Title 36, section 581;
H. Whether the land is being harvested to convert to another use within 2 years and, if so, what that use is to be.
If the land being converted to another use is taxed under the Maine Tree Growth Tax Law, notification of a change of land use under this subsection constitutes a withdrawal from taxation under the Maine Tree Growth Tax Law of that portion of land being converted to another use. When a change in land use is indicated, the director shall notify the assessor for the jurisdiction in which the parcel is located that the land or the portion of land no longer meets the requirements of Title 36, chapter 105, subchapter 2-A and must be withdrawn in accordance with Title 36, section 581;
I. The signatures of the harvester when listed on the form in accordance with paragraph A and the licensed professional forester when listed on the form in accordance with paragraph B;
J. The signature of the landowner and the signature of the designated agent when a designated agent is listed in accordance with paragraph A. If the designated agent is a licensed professional forester who has a fiduciary responsibility to the landowner, the signature of the landowner is not required;
K. A map locating the harvest site in relation to known or easily identifiable terrain features such as a road junction or a stream and road junction. The map must be a copy of a 7.5 or 15 minute series topographical map produced by the United States Geological Survey or a map of equivalent or superior detail in the location of roads; and
L. The date of notification.
3. Harvest reporting forms. Upon receipt by the bureau of the form required under subsection 2, the bureau shall mail forms to the landowner or designated agent for reporting harvest information pursuant to this subchapter.
4. Notification form on file; posted. The landowner or designated agent shall retain a copy of the notification form and produce it upon request of agents as specified in section 8888. The landowner or designated agent shall post the notification number at the harvest site in a clearly visible location.
5. Duration. A notification shall remain valid for 2 years from the date of issue or upon completion of the harvest, whichever occurs first. If the harvest extends beyond 2 years, a new notice under this section must be filed.
6. Notification exemption. The following activities are exempt from the notification requirement under this section:
A. Activities where forest products are harvested for an owner's own use and are not sold or offered for sale or used in the owner's primary wood-using plants;
B. Precommercial silvicultural forestry activities; and
C. Harvesting performed by the landowner within a 12-month period when the total area harvested on land owned by that landowner does not exceed:
(1) Two acres if the residual basal area of acceptable growing stock over 4 1/2 inches in diameter measured at 4 1/2 feet above the ground is less than 30 square feet basal area per acre; or
(2) Five acres if the residual basal area of acceptable growing stock over 4 1/2 inches in diameter measured at 4 1/2 feet above the ground is more than 30 square feet basal area per acre.
7. Penalties. The following penalties apply to the failure to notify the bureau pursuant to this section. Each day of failure to notify is a separate offense.
A. Failure to notify the bureau of a harvest operation of 50 cords or less constitutes a civil violation for which a fine of not more than $50 may be adjudged.
B. Providing inaccurate information on a notification form for a harvesting operation of 50 cords or less is a civil violation for which a fine of not more than $50 may be adjudged.
C. Failure to notify the bureau of a commercial harvest operation of more than 50 cords constitutes a civil violation for which a fine not to exceed $1,000 for each occurrence may be adjudged and for which immediate cessation of the operation may be ordered by the court. Continued operation after receiving an order to cease operation constitutes a civil violation for which a fine not to exceed $1,000 for each day the operation continues may be adjudged.
D. Providing inaccurate information on a notification form for a commercial harvesting operation of more than 50 cords is a civil violation for which a fine of not more than $1,000 for each occurrence may be adjudged.
Sec. F-45. 12 MRSA §8884, sub-§4 is enacted to read:
4. Failure to submit report; penalty. Failure to submit reports pursuant to this section constitutes a civil violation for which a fine not to exceed $1,000 for each failure may be adjudged.
Sec. F-46. 12 MRSA §8885, sub-§1-A, as enacted by PL 1997, c. 720, §15, is amended to read:
1-A. Alternate harvest report. The director may develop alternate forms for or methods of collecting harvest information from landowners who do not harvest timber on a regular basis. The director shall define landowners subject to the provisions of this subsection and provide report forms pursuant to section 8883 8883-B, subsection 2 3.
Sec. F-47. 12 MRSA §8885, sub-§3, as amended by PL 1997, c. 720, §17, is further amended to read:
3. Reports. Reports required under subsections 1 and 2 are due during the month of January. If the period of cutting under subsection 1 or 2 extends beyond December 31st of any calendar year, a report shall must be submitted during the month of January for the preceding year. A person filing a harvest notification form pursuant to section 8883 8883-B must complete and return to the bureau a harvest report whether or not the landowner has harvested that year.
Sec. F-48. 12 MRSA §8885, sub-§6 is enacted to read:
6. Failure to submit report; penalty. Failure to submit reports pursuant to this section constitutes a civil violation for which a fine not to exceed $1,000 for each failure may be adjudged.
Sec. F-49. 12 MRSA §8887, as amended by PL 2001, c. 603, §3, is repealed.
Sec. F-50. 12 MRSA §9702, as enacted by PL 1979, c. 545, §3, is repealed and the following enacted in its place:
§9702. Hindering state forest ranger or town forest fire warden
1. Hinder performance of duties or access. A person may not:
A. Prevent or obstruct a state forest ranger or town forest fire warden in the performance of the ranger's or warden's duties or the exercise of the rights of entry, access or examination by any state forest ranger or town forest fire warden. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A; or
B. Attempt to prevent or obstruct a state forest ranger or town forest fire warden in the performance of the ranger's or warden's duties or the exercise of the rights of entry, access or examination by any state forest ranger or town forest fire warden.
2. Penalty. A person who violates subsection 1 commits a Class E crime.
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