Maine Revised Statutes

§12954. Hide dealer's license

1. License required.  Except as provided in subsection 6-A and section 12955, a person may not engage in any activity for which a hide dealer's license may be issued under subsection 2 without a valid hide dealer's license.
Each day a person violates this subsection, that person commits a Class D crime for which a minimum fine of $1,000 and an amount equal to twice the applicable license fee must be imposed.
[ 2013, c. 333, §5 (AMD) .]
2. Issuance.  The commissioner may issue a hide dealer's license permitting a person to:
A. Buy, sell, barter or trade any lawfully obtained bear gall bladders, raw unfinished moose antlers or raw unfinished deer antlers; [2013, c. 333, §6 (RPR).]
B. Commercially buy, sell, barter or trade any lawfully obtained raw, untanned animal hides or parts of wild animals and wild birds not prohibited from being bought, sold, offered for sale or bartered under section 11217, subsections 1 and 3; and [2013, c. 333, §6 (RPR).]
C. Aid or assist another in the activities described in paragraphs A and B. [2013, c. 333, §6 (NEW).]
Parts of wild animals and wild birds bought, sold, bartered or traded under this section may not be attached to any other parts of the wild animals or wild birds that are prohibited from being bought, sold, offered for sale or bartered under section 11217, subsections 1 and 3.
[ 2013, c. 333, §6 (RPR) .]
3. Expiration.  All licenses issued under this section are valid for one year commencing July 1st of each year.
[ 2003, c. 414, Pt. A, §2 (NEW); 2003, c. 614, §9 (AFF) .]
4. Fee.  The annual fees for hide dealer licenses are:
A. For a resident hide dealer, $60; and [2005, c. 12, Pt. III, §36 (AMD).]
B. For a nonresident hide dealer, $110. [2005, c. 12, Pt. III, §36 (AMD).]
[ 2005, c. 12, Pt. III, §36 (AMD) .]
4-A. Record-keeping requirements.  The following provisions apply to the keeping and filing of records.
A. A licensee shall:
(1) Keep a true and complete record, in such form as is required by the commissioner, to include the names and addresses of persons buying or selling heads, hides and bear gall bladders; and
(2) File that record with the commissioner on or before June 30th of each year.
All data submitted to the commissioner as part of the record are for scientific purposes only and are confidential and not a public record within the meaning of Title 1, chapter 13, subchapter 1, except that the commissioner may disclose data collected under this paragraph for law enforcement purposes or if the data are released in a form that is statistical or general in nature. [2017, c. 288, Pt. A, §15 (AMD).]
B. The following penalties apply to violations of this subsection.
(1) A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
(2) A person who violates this subsection 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.
Each day a person violates this subsection is a separate offense. [2003, c. 655, Pt. B, §348 (NEW); 2003, c. 655, Pt. B, §422 (AFF).]
[ 2017, c. 288, Pt. A, §15 (AMD) .]
5. Record inspection.  Records retained under subsection 4-A must be open for inspection by the commissioner or the commissioner's agent.
[ 2003, c. 614, §9 (AFF); 2003, c. 655, Pt. B, §422 (AFF); 2003, c. 655, Pt. B, §349 (RPR) .]
6. Exception. 
[ 2013, c. 333, §8 (RP) .]
6-A. Exceptions.   The following are exceptions to the license requirements in this section.
A. A person who has lawfully killed and registered a deer may sell, without a hide dealer's license, only the hide, head, antlers and feet of that animal. [2013, c. 333, §9 (NEW).]
B. A person who has lawfully killed and registered a moose may sell, without a hide dealer's license, only the hide, head, bones, antlers and feet of that animal. [2013, c. 333, §9 (NEW).]
C. A person who has lawfully killed or trapped and registered a bear may sell, without a hide dealer's license, only the hide, head, teeth, claws not attached to the paws and gallbladder of that animal. [2013, c. 333, §9 (NEW).]
D. A person who has lawfully killed or trapped a fur-bearing animal may sell, without a hide dealer's license, any part of that animal. [2013, c. 333, §9 (NEW).]
E. A person may buy or sell, without a taxidermy license or a hide dealer's license, legally obtained finished wildlife products, including tanned animal hides and finished taxidermy mounts. [2013, c. 333, §9 (NEW).]
F. A person may buy or sell, without a hide dealer's license, naturally shed antlers from deer and moose. [2013, c. 333, §9 (NEW).]
G. A person may buy, without a hide dealer's license, for that person's own personal use and not for resale, only the teeth, claws not attached to paws, skull or head and hide of a bear; only the bones, feet and hide of a moose; the skull or head of a deer or moose, excluding antlers; and all other parts of wild animals and wild birds not prohibited from being bought, sold, offered for sale or bartered under section 11217, subsections 1 and 3. [2013, c. 333, §9 (NEW).]
[ 2013, c. 333, §9 (NEW) .]
7. Licensing violation. 
[ 2003, c. 614, §9 (AFF); 2003, c. 655, Pt. B, §422 (AFF); 2003, c. 655, Pt. B, §350 (RP) .]
SECTION HISTORY
2003, c. 414, §A2 (NEW). 2003, c. 414, §D7 (AFF). 2003, c. 614, §9 (AFF). 2003, c. 655, §§B348-350 (AMD). 2003, c. 655, §B422 (AFF). 2005, c. 12, §III36 (AMD). 2013, c. 333, §§5-9 (AMD). 2017, c. 288, Pt. A, §15 (AMD).