CHAPTER 592
H.P. 1238 - L.D. 1662
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §10502, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:
§10502. Seizure of fish, wildlife and equipment
1. Seizure; filing libel. All fish or wildlife hunted, trapped, fished, bought, sold, carried, transported or found in possession of any person in violation of this Part, and all equipment, including but not limited to firearms, possessed or used in violation of this Part are contraband and subject to seizure by any officer authorized to enforce this Part. Except for property exempted from libel under subsection 2, an officer making such a seizure shall file, within a reasonable time, with the court a libel against that property. The libel must describe the property seized and the date and place of that seizure, cite the provision of law that is alleged to have been violated and request a decree of forfeiture. The libel proceedings and disposal of property are governed by section 10503.
2. Exemption from libel proceedings. The following property may be lawfully seized under this section but is not subject to the libel requirements of this section:
A. Unless reasonable doubt exists as to ownership, property having a value less than $10;
B. Any A firearm seized in connection with a violation of:
(1) Section 11206;
(2) Section 10902, subsection 6; or
(3) Section 10752, subsection 6, paragraph B and section 10902, subsection 4, paragraphs A and B;
C. Any fishing Fishing equipment that is contraband under this section and is seized in connection with a violation of section 10902, subsection 8 except for motor boats or motor vehicles; and
D. Any fish Fish or wildlife that is contraband under this section and is seized in connection with any a violation of this Part.; and
E. Night vision equipment seized in connection with a violation of section 11206.
Property seized by the commissioner that is exempt from libel under this subsection must be retained by the commissioner pending disposition of criminal proceedings and is forfeited to the State upon conviction or adjudication that the person committed the violation.
3. Disposal of forfeited property. The commissioner may dispose of property forfeited to the State under this section in any manner considered appropriate by the commissioner.
Property forfeited to the State under this section may be disposed of by the commissioner in any manner considered appropriate by the commissioner.
Sec. 2. 12 MRSA §10902, sub-§7-A is enacted to read:
7-A. Hunting with night vision equipment. A hunting license of a person convicted of night hunting in violation of section 11206, subsection 1 and found to have been in possession of night vision equipment at the time of the offense must be revoked, and that person is ineligible to obtain a hunting license for a period of 5 years from the date of conviction.
Sec. 3. 12 MRSA §11206, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:
1. Prohibition. Except as otherwise provided in this Part, a person may not:
A. Hunt wild birds or wild animals from 30 minutes after sunset to 30 minutes before sunrise of the following day; or
C. Possess any wild animal or wild bird taken in violation of paragraph A.
2. Penalty. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended.
B. A person who violates subsection 1 and is in possession of night vision equipment commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended; the court also shall impose a fine of not less than $2,000, none of which may be suspended.
C. A person who violates subsection 1, is in possession of night vision equipment and has been convicted of a Class D crime within the past 10 years under Title 12, Part 13 commits a Class D crime for which the court shall impose a sentencing alternative of not less than 6 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $2,000, none of which may be suspended.
For purposes of this subsection, "night vision equipment" means a light amplification or thermal imaging device.
Sec. 4. 12 MRSA §11901, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:
1. Open season. An open season for hunting raccoons established by the commissioner must be of uniform duration throughout the State.
2. Night hunting. Notwithstanding the night hunting prohibition in section 11206, raccoons may be hunted at night during an open season established pursuant to this section.
Effective July 30, 2004, unless otherwise indicated.
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