3.__Open fires.__Unattended or open fires not in grills, fireplaces or other sites designated by the bureau;

4.__Discharging waste.__Discharging wastes of any kind except in receptacles designated for that purpose;

5.__Discharging firearms.__Discharging firearms or weapons within 300 feet of any picnic area, camping area, campsite, parking area, building, shelter, boat launching site, posted trail or other developed area or a work area temporarily closed to hunting by the bureau in the interest of public safety; and

6.__Possession of loaded weapon.__Possession of a loaded weapon on a trail posted as closed to hunting.

7.__Unauthorized access.__Unauthorized access by motor vehicle or aircraft.

8.__Violation of requirements for permits.__Violation of requirements for trip leader permits.

Sec. 3. 12 MRSA §1821, as enacted by PL 1997, c. 678, §13, is amended to read:

§1821. Exercise police supervision

The bureau may exercise police supervision over all state parks and historic sites. Agents, officers or representatives of the bureau authorized for that purpose by the director, and any are authorized to issue summonses to any person within the State who is committing or has been seen by agents, officers or representatives committing any violation of a bureau rule adopted pursuant to section 1803.__Any agent, officer, representative or other law enforcement officer are is authorized and empowered to arrest with or without warrant any person within the State who is committing, or to detain until a warrant has been obtained any person within the State who has been seen by agents, officers or representatives committing, any offense against state laws or a violation of any rule of the bureau within a state park or historic site, but a dwelling house may not be searched for the purpose of such an arrest without a warrant, and then only in daytime.

A person who violates any rule on lands classified as state parks or historic sites or any notice posted by the bureau or who willfully mutilates, defaces or destroys any monument or marker lawfully erected within the borders of a park or historic site is

guilty of a Class E crime civil violation unless the violation is designated a Class E crime in this chapter.

Sec. 4. 12 MRSA §1862, sub-§8, as enacted by PL 1997, c. 678, §13, is repealed.

Sec. 5. 12 MRSA §1867, sub-§4, as enacted by PL 1997, c. 678, §13, is repealed.

Sec. 6. 12 MRSA §1867, sub-§6, as enacted by PL 2001, c. 391, §3, is amended to read:

6. Pulpwood salvage exemption. A person who has been granted a charter or other specific authorization by the Legislature prior to June 30, 1998 to erect and maintain piers and booms to collect and store pulpwood in waters over submerged lands may salvage the pulpwood stored in compliance with that charter and is exempt from subsections 3, 4 and 5 of this section, as long as, prior to conducting a pulpwood salvage operation, that person:

A. Provides documentation satisfactory to the bureau of the legislative charter or approval specifically authorizing pulpwood storage at the proposed salvage site;

B. Attests that the salvaged pulpwood is to be processed at a mill owned by that person;

C. Obtains all applicable permits required by local, state and federal agencies having jurisdiction over the salvage activity; and

D. Provides a plan acceptable to the bureau that results in substantial improvements or benefits to public trust rights or uses on that or a related body of water.

Pulpwood salvaged under a plan approved and implemented in accordance with the terms of this subsection is the property of the person authorized to collect and store pulpwood at the salvage site. A person who salvages pulpwood under this subsection shall comply with the provisions of the approved plan and with all applicable permitting requirements and other legal requirements pertaining to the salvage activity. Pulpwood salvaged under this section may be processed only at a mill owned by the person authorized to collect and store pulpwood at the salvage site.

Sec. 7. 12 MRSA §1883, as enacted by PL 1997, c. 678, §13, is repealed.

Sec. 8. 12 MRSA §1886, as enacted by PL 1997, c. 678, §13, is amended to read:

§1886. Police supervision

The bureau shall exercise police supervision over the waterway. The agents, officers or representatives of the bureau designated for that purpose by the director, and any are authorized to issue summonses to any person within the State who is committing or has been seen by agents, officers or representatives committing any violation of a bureau rule adopted pursuant to Title 12, section 1803.__Any agent, officer, representative or other law enforcement officer, is are authorized to arrest with or without warrant any person within the State who is committing, or to detain until a warrant has been obtained any person within the State who has been seen by said agents, representatives or officers committing, any offense against the state laws or any violation of any rule of the bureau within the waterway.

An authorized agent or representative of the bureau making an arrest for any violation of this subchapter may accept the personal recognizance of the prisoner in a sum not exceeding $250 and a deposit in money to the amount of the recognizance for the prisoner's appearance before the appropriate District Court or Superior Court on a specified date. The authorized agent or representative shall immediately report each recognizance and forward each deposit to the court to which the recognizance is returnable.

If such a person fails to appear in court on the day specified either in person or by counsel, the court shall order the recognizance and money deposited forfeited and shall enter that person's default and notify the bureau of the default and forfeiture.

Sec. 9. 12 MRSA §1887, as enacted by PL 1997, c. 678, §13, is repealed.

Sec. 10. 12 MRSA §1895, sub-§2, as enacted by PL 1997, c. 678, §13, is repealed.

SUMMARY

This bill consolidates rule-making authority for facilities and lands under the Department of Conservation, Bureau of Parks and Lands' general authority and establishes that violations of rules adopted by the bureau are civil violations, unless the offense is designated in the Maine Revised Statutes, Title 12,

chapter 220 as a Class E crime. Currently, violation of any bureau rule is a Class E crime.