HP1024, LD 1435, item 1, An Act To Amend Certain Provisions of the Fish and Wildlife Laws

An Act To Amend Certain Provisions of the Fish and Wildlife Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §10105, sub-§2, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §20 and affected by §422, is repealed.

Sec. 2. 12 MRSA §10105, sub-§§15 and 16 are enacted to read:

15. Commissioner's authority to terminate hunting, fishing or trapping season. The commissioner, after consultation with the Governor and the advisory council and by proclamation of the Governor, may terminate an open season for hunting, fishing or trapping at any time in any area if, in the commissioner’s opinion, an immediate emergency action is necessary due to adverse weather conditions or unlawful hunting, fishing or trapping activity. If a section of the State is closed to hunting, fishing or trapping pursuant to this subsection, the commissioner, following the annulment of the proclamation of the Governor, with the consent of the Governor may extend the open season in that section of the State for a period of days not to exceed the number of days lost due to the termination proclamation.

16. Hunting and fishing adventure permits for children. In addition to the permits issued by the commissioner pursuant to section 11154, subsection 13, in extenuating circumstances the commissioner may issue up to 2 additional permits or licenses for other hunting or fishing adventures to a nonprofit organization dedicated to providing hunting and fishing adventures to children under 21 years of age with life-threatening, critical or terminal illnesses.

Sec. 3. 12 MRSA §10151, sub-§§7 to 9 are enacted to read:

7. Quorum. A quorum is a majority of the current members of the advisory council.

8. Advisory council actions. An affirmative vote of a majority of the members of the advisory council present at a meeting or polled is required for any action.

9. Attendance at meetings. If a member of the advisory council is not present for 3 consecutive meetings, that member may be replaced.

Sec. 4. 12 MRSA §10853, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

6. Members of Armed Forces domiciled in State. A member of the Armed Forces of the United States on active duty who is permanently stationed outside of the State may be issued a combination fishing and , hunting license and trapping licenses for an amount equal to the administrative costs associated with issuing the a license as determined by the department. Administrative costs do not include agent fees. To qualify, the member of the Armed Forces of the United States must show proof that that member's home of record, as recorded in that person's service records, is Maine. That person may purchase all other licenses or permits at resident fees. The license is valid during the year of issue. That person's spouse and children may purchase hunting and fishing licenses at reduced rates. The reduced fees are as follows:

A. Twenty dollars, plus the issuing fee for a combination fishing and hunting license;

B. Ten dollars, plus the issuing fee for a hunting license; and

C. Ten dollars, plus the issuing fee for a fishing license . ; and

D. Ten dollars, plus the issuing fee for a trapping license.

Sec. 5. 12 MRSA §10853, sub-§11, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §93 and affected by §422, is further amended to read:

11. Permits to accommodate permanent physical disabilities. The commissioner may issue a special permit to a person with a permanent physical disability that includes special authorization that allows that person to hunt, trap or fish at times or in a manner otherwise prohibited by this Part in order to enhance access to hunting, trapping and fishing opportunities. No laws or rules may be waived except as are necessary to effect this subsection. A permit may be issued under this subsection only if:

A. The applicant provides the commissioner with a letter signed by a licensed physician clearly stating the nature of that person's disability, the permanence of the disability and the extent to which the disability affects that person's ambulatory ability or endurance; use of one or both hands, arms or legs; or sight or hearing;

B. The commissioner determines that the permanent physical disability prevents that person from safely accessing hunting, trapping or fishing opportunities at the times or in the manner allowed by this Part or by rules adopted pursuant to this Part; and

C. The person meets all other requirements for issuance of that permit and related licensing requirements and is not otherwise ineligible for that permit.

Prior to making a determination of eligibility under this subsection, the commissioner or the commissioner's agent shall meet with the applicant in person at a location chosen by the commissioner to discuss the applicant's needs. Each applicant's disability and needs must be reviewed in consultation with the disabled hunter, trapper and angler advisory committee established in section 10152 and a determination made regarding the special authorization that may be made to enhance the applicant's access to fishing, hunting and trapping opportunities. A permit issued under this subsection must be signed by the commissioner and include a clear and specific description of the activities authorized by that permit. The disabled person shall carry the permit whenever that person is hunting, trapping or fishing, and the permit must be presented to a game warden or other law enforcement officer upon request. No laws or rules may be waived except as are necessary to effect this subsection.

The commissioner may authorize only the minimum special exceptions necessary to overcome the applicant's disability and allow that applicant to safely hunt, trap or fish. This does not authorize the commissioner to issue special exceptions that endanger public safety. A permit issued under this subsection does not authorize a person to exceed the allowable bag or size limits for any fish or wildlife species; to fish for or take a fish or wildlife species for which a license is not otherwise issued; to fish for, trap or hunt a fish or wildlife species more than 7 days before the opening or more than 7 days after the closing of the regular open season for that species; or to fish, trap or hunt in any area permanently closed to those activities by state law or rule.

Sec. 6. 12 MRSA §11105, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

1. Hunter safety course requirements. A person who applies for a Maine license to hunt with firearms other than a juvenile license must submit proof of having successfully completed a hunter safety course as provided in section 10108 or an equivalent hunter safety course or satisfactory evidence of having previously held an a valid adult license to hunt with firearms in this State or any other state, province or country in any year beginning with 1976.

When proof of competency can not otherwise be provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult hunting license or that the applicant has successfully completed the required hunter safety course.

Sec. 7. 12 MRSA §11106, sub-§2, as amended by PL 2007, c. 203, §2, is further amended to read:

2. Archery hunter education requirements. A person who applies for an archery hunting license other than a junior hunting license or an apprenticeship hunter license must submit proof of having successfully completed an archery hunter education course as described in section 10108 or an equivalent archery hunter education course or satisfactory evidence of having previously held an a valid adult archery hunting license issued specifically for the purpose of hunting with bow and arrow in this State or any other state, province or country in any year after 1979.

When proof or evidence can not be otherwise provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult archery hunting license or has successfully completed the required archery hunter education course.

Sec. 8. 12 MRSA §11106-A, sub-§3, as amended by PL 2007, c. 203, §4, is further amended to read:

3. Crossbow hunter education requirements. A person who applies for a crossbow hunting license other than a junior hunting license or an apprenticeship hunter license must submit proof of having successfully completed an archery hunting education course and a crossbow hunting course as described in section 10108 or equivalent crossbow and archery hunting education courses or satisfactory evidence of having previously held valid adult archery and valid crossbow hunting licenses issued specifically for the purpose of hunting with a crossbow or bow and arrow in this State or any other state, province or country in any year after 1979.

When proof or evidence cannot be otherwise provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult crossbow and archery hunting license or has successfully completed the required crossbow and archery hunting education courses.

Sec. 9. 12 MRSA §11251, sub-§1, ¶¶C and D, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, are repealed.

Sec. 10. 12 MRSA §11401, sub-§1, ¶¶C and D, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, are repealed.

Sec. 11. 12 MRSA §11852, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.

Sec. 12. 12 MRSA §12202, first ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

A resident and a member of the resident's immediate family, as long as the trapper's license to trap is not under suspension or revocation, may trap for wild animals , except beaver, without a trapping license issued under section 12201 on land:

Sec. 13. 12 MRSA §13056, sub-§3-A is enacted to read:

3-A. Antique motorboat registration fee. Notwithstanding subsection 2, a resident who owns a motorboat that is more than 50 years old and that is powered by a motor that is at least 50 years old may register that motorboat under this subsection as an antique motorboat.

A. An antique motorboat registration authorizes that motorboat to be operated only for the purpose of traveling to, returning from and participating in an exhibition, parade or other permitted event or for occasional personal use. It may not be used for commercial purposes and may not be the resident’s primary mode of transportation.

B. The fee for an antique motorboat registration is $33. An antique motorboat registration is valid until the ownership of that antique motorboat is transferred to another person. Upon the transfer of ownership, the new owner may reregister that motorboat as an antique motorboat by paying the $33 fee.

C. A motorboat registered as an antique motorboat must display the prefix "ME ANT" followed by the registration number displayed in accordance with subsection 12.

D. A resident who operates an antique motorboat on inland waters is subject to the requirements of section 13058.

E. The Secretary of State may determine the age of the motorboat by serial number, documentation or affidavit.

summary

This bill amends the fish and wildlife laws in the following ways.

1. It allows the Commissioner of Inland Fisheries and Wildlife, after consultation with the Governor and the Inland Fisheries and Wildlife Advisory Council, to terminate any open season for hunting, fishing or trapping in any part of the State due to adverse weather conditions or unlawful activity. Once the reason for the termination has passed, the commissioner, with the consent of the Governor, may extend the open season in the affected part of the State for a number of days not to exceed the number of days hunting, fishing or trapping was prohibited.

2. It allows the commissioner, in addition to current authorization to issue 2 moose permits to a nonprofit organization providing hunting and fishing adventures to children under 21 years of age, to issue, in extenuating circumstances, 2 other permits or licenses for other fishing or hunting adventures.

3. It removes the requirement that the commissioner or the commissioner’s designee meet with an applicant with a permanent physical disability seeking special authorization to hunt, trap or fish in a manner not otherwise authorized.

4. It allows a resident or member of the resident’s family to trap beaver on land that is owned and occupied by the resident as a domicile and that is used exclusively for agricultural purposes.

5. It provides for the registration of antique motorboats, which are boats that are more than 50 years old.

6. It allows a resident who is in the military stationed outside of the State to get a trapping license for the cost of the license to the department and allows the spouse and children of that resident in the military to get a reduced-fee trapping license.

7. It establishes a quorum and attendance requirements for the Inland Fisheries and Wildlife Advisory Council.

8. It clarifies that a person can forgo a hunter education safety course by showing proof that the person has previously held a valid adult license for the license being sought.

HP1024 LD 1435	Session - 126th Maine Legislature		LR 477 Item 1
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