An Act To Amend Certain Provisions of Fish and Wildlife Laws
Sec. 1. 12 MRSA §10051, 2nd ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
The department consists of the Commissioner of Inland Fisheries and Wildlife, a deputy commissioner, the Bureau of Administrative Services Division of Licensing, Registration and Engineering, the Bureau of Resource Management and the Bureau of Warden Service. The department also includes the Advisory Board for the Licensing of Guides, the Junior Maine Guides and Trip Leaders' Curriculum Board and whatever state agencies that are designated. The department is under the control and supervision of the commissioner.
Sec. 2. 12 MRSA §10052, amended by PL 2003, c. 655, Pt. B, §13 and affected by §422, is further amended to read:
§ 10052. Division of Licensing, Registration and Engineering
The Bureau of Administrative Services Division of Licensing, Registration and Engineering is established within the Department of Inland Fisheries and Wildlife. The bureau division is equal in organizational level and status with other major organizational units within the department or its successors. The bureau division is administered by a director who is immediately responsible to the deputy commissioner. The director possesses full authority and responsibility for administering all the powers and duties of the bureau division, subject to the direction of the commissioner and except as otherwise provided by statute. The responsibilities of the bureau division include, but are not limited to:
Sec. 3. 12 MRSA §10053, sub-§8, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
Sec. 4. 12 MRSA §10053, sub-§9, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
Sec. 5. 12 MRSA §10053, sub-§10 is enacted to read:
Sec. 6. 12 MRSA §10105, sub-§1-A, as enacted by PL 2007, c. 73, §1, is amended to read:
Sec. 7. 12 MRSA §10201, sub-§5, ¶B, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
Sec. 8. 12 MRSA §10206, sub-§3, ¶C, as amended by PL 2007, c. 44, §1, is further amended to read:
The fees outlined in section 13056, subsection 8, paragraphs A and B for watercraft operating on inland waters of the State each include a $10 fee for invasive species prevention and control. This fee is disposed of as follows:
(1) Sixty percent of the fee must be credited to the Invasive Aquatic Plant and Nuisance Species Fund established within the Department of Environmental Protection under Title 38, section 1863; and
(2) Forty percent of the fee must be credited to the Lake and River Protection Fund established within the department under section 10257.
Sec. 9. 12 MRSA §10502, sub-§2, ¶A, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
Sec. 10. 12 MRSA §10502, sub-§2, ¶B, as amended by PL 2003, c. 592, §1 and affected by §5; c. 614, §9; and c. 655, Pt. C, §§5 and 6, is further amended to read:
(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;
Sec. 11. 12 MRSA §10906, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §105 and affected by §422, is further amended to read:
§ 10906. Violation of suspended or revoked license, permit or registration
While a person's license or , permit or recreational vehicle registration is under suspension or revocation under this Part, that person may not engage in the particular activity permitted by the license or , permit or recreational vehicle registration that has been suspended or revoked.
A person who violates this section commits a Class D crime.
Sec. 12. 12 MRSA §10907, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §106 and affected by §422, is further amended to read:
§ 10907. Obtaining suspended or revoked license, permit or registration
A person may not obtain or attempt to obtain any license or , permit or recreational vehicle registration that has been suspended or revoked by the commissioner under this Part.
A person who violates this section commits a Class D crime.
Sec. 13. 12 MRSA §11108-B, sub-§3, as enacted by PL 2007, c. 203, §6, is amended to read:
Sec. 14. 12 MRSA §11209, sub-§1, as amended by PL 2005, c. 477, §8, is further amended to read:
This subsection may not be construed to prohibit a person from killing or taking a wild animal in accordance with sections 12401 and 12402.
For purposes of this subsection, "building" means any residential, commercial, retail, educational, religious or farm structure that is designed to be occupied by people or domesticated animals or is being used to shelter machines or harvested crops.
Sec. 15. 12 MRSA §12255, sub-§3, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §217 and affected by §422, is further amended to read:
Sec. 16. 12 MRSA §12551-A, sub-§7, ¶A, as amended by PL 2005, c. 237, §3, is further amended to read:
(1) Take live smelts for resale from inland waters or private ponds. The taking of live smelts from inland waters must be in accordance with general rules adopted by the commissioner in regard to the taking of smelts. Except as provided in paragraph B, the holder of a smelt wholesaler's license shall comply with the same daily bag limit and the same tackle restrictions that apply to all other anglers and is subject to the same penalties for violations of those limits and restrictions. This subparagraph does not apply to a holder of a fish cultivator license as provided under section 12507;
(2) From ice-in to ice-out, use Use a drop net, a lift net or hook and line to take up to 8 quarts of smelts through man-made openings in the ice while fishing on the ice from specific inland waters designated by the commissioner. A dip net may be used in conjunction with the above methods to assist with the handling and transporting of smelts. A licensee may keep the daily bag limit alive. The daily bag limit established under this subparagraph is for a 24-hour period, beginning at noon on a given day and ending at 11:59 a.m. the following day;
(2-A) In waters naturally free of ice, take smelts from noon to 2:00 a.m. by the use of a dip net in the usual and ordinary way. The commissioner may establish the daily bag limit by rule and a licensee may keep the daily bag limit of smelts alive. The daily bag limit established under this subparagraph is for a 24-hour period, beginning at noon on a given day and ending at 11:59 a.m. the following day. The commissioner may shorten the noon to 2:00 a.m. smelt fishing timeframe by rule for enforcement or conservation purposes;
(3) Use artificial light for the purpose of luring smelts to a drop net or a lift net;
(4) Transport or possess at the holder's business facility more than the daily bag limit of smelts provided that the smelts were taken by the license holder in accordance with this section or acquired from a person licensed under this section to deal in live smelts;
(5) Designate others to assist in selling live smelts at the holder's business facility; and
(6) Transport or designate others to transport on the license holder's behalf live smelts in accordance with this subsection.
Sec. 17. 12 MRSA §12913, sub-§2, ¶A, as enacted by PL 2003, c. 655, Pt. B, §337 and affected by §422, is amended to read:
(1) Allocations are not established and are not required for other rivers or for other stretches of the Kennebec River or the West Branch Penobscot River.
(2) Allocations are required for Saturdays on the Kennebec River between Harris Station and West Forks for the period of July 1st to August 31st. Allocations are required for Saturdays on the West Branch Penobscot River between McKay Station and Pockwockamus Falls for the period of June 8th July 1st to August 31st. The commissioner may adopt rules establishing allocations for Sundays for the period of July 1st to August 31st. If the department determines that the recreational use limit will be reached on other days, the department shall provide by rule for allocations. Rules adopted under this subparagraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
(3) Under high-water or low-water conditions on the West Branch Penobscot River, an emergency swap of an allocation may be made to the Kennebec River, as long as sufficient water is available there. Under no circumstances is a transfer of an allocation allowed from the Kennebec River to the West Branch Penobscot River.
(4) An outfitter may occasionally exceed the allocation by 2 passengers on a trip of up to 40 passengers, or 4 passengers on a trip of more than 40 passengers, to accommodate problems in booking, as long as the average of the number of passengers carried on an outfitter's 10 best allocated days for each river and for each allocated day of the week does not exceed the outfitter's allocation for that river and day. Abuse by an outfitter of the privilege to carry additional passengers results in the loss of the privilege for a period to be determined by the commissioner.
(5) On the several days in the months of April and May when special water releases are scheduled to be made from the Flagstaff Dam to permit whitewater rafting on the Dead River, commercial whitewater rafting trips may be transferred from the Dead River to the Kennebec River whenever high-water or low-water conditions render use of the Dead River unsafe or inappropriate for commercial whitewater rafting trips.
(6) The following penalties apply to violations of this paragraph.
(a) A person who violates this paragraph commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(b) A person who violates this paragraph 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. 18. 12 MRSA §13001, sub-§9, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
Sec. 19. 12 MRSA §13060, as amended by PL 2003, c. 655, Pt. B, §§367 and 368 and affected by §422, is repealed and the following enacted in its place:
§ 13060. Temporary registration certificate
The commissioner may issue temporary registration certificates to a registered dealer who may, upon the sale or exchange of a boat, issue a temporary registration certificate to a new owner in order to allow the new owner to operate the boat for a period of 20 consecutive days after the date of sale in lieu of a permanent number as required by this chapter. The fee for each temporary registration certificate is $1.
Sec. 20. 12 MRSA §13106-A, sub-§14, ¶A, as enacted by PL 2003, c. 655, Pt. B, §394 and affected by §422, is amended to read:
(1) Operate a snowmobile that exceeds the noise limits for that snowmobile established in paragraph B; or
(2) Modify Operate a snowmobile with an exhaust system that has been modified in a manner that amplifies or otherwise increases total noise emission above that of the snowmobile as originally constructed, regardless of the date of manufacture.
Sec. 21. 12 MRSA §13106-D is enacted to read:
§ 13106-D. Accidents involving property damage
Sec. 22. 12 MRSA §13155, sub-§8-A, as enacted by PL 2003, c. 655, Pt. B, §410 and affected by §422, is amended to read:
Sec. 23. 12 MRSA §13155, sub-§9, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §411 and affected by §422, is further amended to read:
Sec. 24. 12 MRSA §13157-A, sub-§25, ¶A, as enacted by PL 2005, c. 397, Pt. E, §26, is amended to read:
(1) Operate an ATV that is not equipped at all times with an effective and suitable muffling device on its engine to effectively deaden or muffle the noise of the exhaust;
(2) Modify the Operate an ATV with an exhaust system of an ATV that has been modified in any manner that will increase the noise emitted above the following emission standard:
(a) Each ATV must meet noise emission standards of the United States Environmental Protection Agency and in no case exceed 96 decibels of sound pressure when measured from a distance of 20 inches using test procedures established by the commissioner; or
(3) Operate an ATV without a working spark arrester.
Sec. 25. 12 MRSA §13160, sub-§4, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
Sec. 26. 17 MRSA §2267-A, as amended by PL 2001, c. 536, §3, is further amended to read:
§ 2267-A. Submerged motor vehicles, snowmobile and watercraft in waters of the State
The following provisions apply when a motor vehicle is submerged or partially submerged in waters of the State or when a snowmobile or motorboat watercraft is submerged in the inland waters of the State.
The commissioner shall, upon receiving notice of a submerged or partially submerged vehicle in the waters of the State or a submerged snowmobile or motorboat watercraft in the inland waters of the State, notify the Chief of the State Police, the Commissioner of Environmental Protection and any municipality or public utility that regulates the uses of the waters as a source of public water supply pursuant to Title 22, sections 2641 to 2648.
Sec. 27. 36 MRSA §191, sub-§2, ¶GG, as amended by PL 2005, c. 683, Pt. A, §63, is further amended to read:
Sec. 28. 36 MRSA §1503, sub-§3, as amended by PL 1983, c. 819, Pt. A, §59, is further amended to read: