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turkeys in any part of the State, prescribe the form and regulate | | the number of permits to be issued, determine the number and sex of | | the birds to be harvested, establish bag limits, establish permit | | eligibility requirements, establish legal hunting times, specify | | the types of weapons to be used during any open wild turkey hunting | | season and make any other rules that the commissioner considers | | necessary for the protection of the wild turkey resource. |
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| | | Sec. 10. 12 MRSA §11702, as enacted by PL 2003, c. 414, Pt. A, §2 | | and affected by Pt. D, §7, is repealed. |
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| | | Sec. 11. 12 MRSA §11751-A is enacted to read: |
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| | | §11751-A.__Unlawful possession of wild turkeys |
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| | | 1.__Possession of wild turkeys.__A person may not possess a | | wild turkey taken in violation of any rule adopted by the | | commissioner under section 11701. |
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| | | 2.__Exceeding bag limit.__A person may not possess more than | | one wild turkey during any open season, except a person may keep | | more than one legally obtained wild turkey in that person's home | | at any time or as otherwise provided in law or rule. |
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| | | 3.__Hunting wild turkey after having killed one.__A person may | | not hunt wild turkey after that person has killed or registered | | one during any open season of that calendar year, except as | | otherwise provided in law or rule. |
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| | | 4.__Penalties.__The following penalties apply to violations of | | this section. |
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| | | A.__A person who violates subsection 1 commits a Class E | | crime. |
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| | | B.__A person who violates subsection 2 or 3 commits a Class | | E crime for which the court shall impose a fine of not less | | than $500, none of which may be suspended.__The court also | | shall impose a fine of $500 for each wild turkey unlawfully | | possessed, none of which may be suspended. |
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| | | Sec. 12. 12 MRSA §11801, sub-§3, as enacted by PL 2003, c. 414, Pt. A, | | §2 and affected by Pt. D, §7, is amended to read: |
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| | | 3. Penalties. A person who violates subsection 1 | section commits a Class E crime for which the court shall impose | a fine of not less than $500, none of which may be suspended. | The court also shall impose a fine of $500 for each turkey | unlawfully killed, none of which may be suspended |
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