Amend the bill by inserting after the title and before the enacting clause the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation makes significant changes to simplify and clarify the hunting laws and contains provisions regarding the supervision of junior hunters and reciprocity with other states that are members the interstate wildlife violator compact; and
Whereas, the Department of Inland Fisheries and Wildlife requires sufficient time to update the hunting and fishing law guides and other literature containing information that is relevant to enforcement and to inform interested parties of the changes being made to the inland fisheries and wildlife laws; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,’
Amend the bill by inserting after the enacting clause and before section 1 the following:
‘Sec. 1. 12 MRSA §10502, sub-§2, ¶B, as amended by PL 2009, c. 340, §10, is further amended to read:
B.
A firearm or archery equipment, including crossbows, seized in connection with a violation of:
(2) Section 10902, subsection 6; or
(3) Section 10752, subsection 6, paragraph B and section 10902, subsection 4, paragraphs A and B; or
Amend the bill by inserting after section 1 the following:
‘Sec. 2. 12 MRSA §10902, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
Sec. 3. 12 MRSA §10902, sub-§4, ¶B, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
B. Any license issued by the department in effect at the time a person is convicted of a violation of section 12256, disturbing traps, is revoked upon conviction and must be immediately surrendered to the commissioner and the person is ineligible to obtain any license issued by the department as specified in section 10752, subsection 6, paragraph A.
Sec. 4. 12 MRSA §10902, sub-§6, ¶F, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
F. Buying or selling deer, exceeding the bag limit on deer or hunting deer after having killed one, in violation of section 11217 or 11501 or unlawfully hunting or possessing an antlerless deer in a wildlife management district for which no antlerless deer permits have been issued in violation of section 11152, subsection 1-A;
Sec. 5. 12 MRSA §10902, sub-§6, ¶H, as amended by PL 2013, c. 280, §4, is further amended to read:
H. Buying or selling wild turkeys, unlawfully hunting wild turkeys, unlawfully possessing wild turkeys or using unlawful methods to hunt wild turkeys, in violation of section 11217, subsection 1; section 11751-A; section 11801; or section 12306, subsection 1; or
Sec. 6. 12 MRSA §10902, sub-§6, ¶I, as enacted by PL 2013, c. 280, §5, is amended to read:
I. Hunting bear over another person's bait without written permission of that person in violation of section 11301, subsection 1-A . ; or
Sec. 7. 12 MRSA §10902, sub-§6, ¶J is enacted to read:
J. Hunting or any violation of section 10906 while that person's license is revoked.
Sec. 8. 12 MRSA §10902, sub-§8, ¶D, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §103 and affected by §422, is further amended to read:
D. Buying or selling freshwater sport fish, in violation of section 12609-A; or
Sec. 9. 12 MRSA §10902, sub-§8, ¶E, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
E. Taking fish by explosive, poisonous or stupefying substances, in violation of section 12653 . ; or
Sec. 10. 12 MRSA §10902, sub-§8, ¶F is enacted to read:
F. Fishing or any violation of section 10906 while that person's license is revoked.
Sec. 11. 12 MRSA §10903, as amended by PL 2011, c. 576, §6, is further amended to read:
Outdoor ethics courses must be scheduled by the Bureau of Warden Service and must be given whenever there are 10 or more persons needing or wanting to take the course. The fee for an outdoor ethics course is $100, payable 10 working days prior to the start of the course. All fees collected under this section are allocated to the landowner relations program established in section 10108, subsection 4-A.
Sec. 12. 12 MRSA §10903-A is enacted to read:
An outdoor ethics course must be scheduled by the Bureau of Warden Service and must be given whenever there are 10 or more persons needing or wanting to take the course. The fee for an outdoor ethics course is $100, payable 10 working days prior to the start of the course. All fees collected under this section are allocated to the landowner relations program established in section 10108, subsection 4-A. ’
Amend the bill by inserting after section 4 the following:
‘Sec. 5. 12 MRSA §11105, sub-§1, as amended by PL 2013, c. 408, §9, is further amended to read:
Sec. 6. 12 MRSA §11108-A, as amended by PL 2009, c. 69, §1, is repealed.
Sec. 7. 12 MRSA §11108-B, as amended by PL 2009, c. 340, §13, is further amended to read:
Sec. 8. 12 MRSA §11108-C is enacted to read:
Amend the bill by inserting after section 7 the following:
‘Sec. 8. 12 MRSA §11154, sub-§14 is enacted to read:
Amend the bill by inserting after section 8 the following:
‘Sec. 9. 12 MRSA §11209, as corrected by RR 2013, c. 1, §26, is amended to read:
Amend the bill by inserting after section 10 the following:
‘Sec. 11. 12 MRSA §11857, sub-§3, as enacted by PL 2013, c. 280, §11, is repealed.
Sec. 12. 12 MRSA §12201, sub-§1-B is enacted to read:
Sec. 13. 12 MRSA §12201, sub-§3, as amended by PL 2013, c. 185, §3, is further amended to read:
Sec. 14. 12 MRSA §12201, sub-§7, as amended by PL 2009, c. 69, §3, is further amended to read:
Sec. 15. 12 MRSA §12201, sub-§9, as enacted by PL 2009, c. 69, §4, is repealed and the following enacted in its place:
Sec. 16. 12 MRSA §12204, sub-§§1 to 4, as enacted by PL 2011, c. 51, §1, are amended to read:
Sec. 17. 12 MRSA §12461, sub-§1, as amended by PL 2007, c. 21, §2, is repealed and the following enacted in its place:
Sec. 18. 12 MRSA §12461, sub-§§2 and 3, as amended by PL 2007, c. 21, §2, are further amended to read:
Sec. 19. 12 MRSA §12461, sub-§6, ¶B, as enacted by PL 2013, c. 358, §3, is amended to read:
B. Stock Big Wadleigh Pond in T.8, R.15, W.E.L.S. with native fish species. If sufficient brook trout from Big Wadleigh Pond are not available, brook trout from Wadleigh Stream in T.8, R.15, W.E.L.S. and T.7, R.15, W.E.L.S. or Poland Pond in T.7, R.15 W.E.L.S. may be used for restocking. If arctic charr from Big Wadleigh Pond are not available, arctic charr from an endemic arctic charr water in the State may be used for restocking. If northern redbelly dace need to be restocked in Big Wadleigh Pond, northern redbelly dace from the nearest source may be used for restocking.
Sec. 20. 12 MRSA §12461, sub-§§7 and 8 are enacted to read:
Sec. 21. 12 MRSA §12462, as enacted by PL 2013, c. 358, §4, is repealed.
Amend the bill by inserting after section 12 the following:
‘Sec. 13. PL 2013, c. 437, §1 is repealed.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment adds the following provisions to the bill. It:
1. Changes the libel proceedings statute by adding an exemption for a person who is found hunting after revocation to allow a law enforcement officer to seize hunting equipment without following the libel proceedings for hunting with a suspended or revoked license;
2. Creates a mandatory fee of $25 to reinstate a license after a suspension;
3. Clarifies that the time frame for which a person is ineligible to obtain any license issued by the Department of Inland Fisheries and Wildlife following a conviction for disturbing traps is 3 years from the date of conviction for a first offense and 5 years following the date of conviction for a 2nd or subsequent offense. Current law makes it a mandatory license revocation of any license in effect at the time of the violation for disturbing traps;
4. Adds unlawfully hunting or possessing an antlerless deer in wildlife management areas in which no antlerless deer permits are issued to the list of offenses that are subject to mandatory license revocation. It also makes hunting or fishing with a suspended or revoked license subject to mandatory hunting license revocation for a minimum of one year;
5. Exempts a person who loses a license under the interstate wildlife violator compact as a result of a conviction occurring out of state from the requirement that the person complete Maine's outdoor ethics course in order to have the Maine license reinstated once the person has met the eligibility requirements for reinstatement of the license in the state in which the conviction occurred;
6. Reallocates the provision of law regarding the outdoor ethics course;
7. Exempts a person who applies for a Maine apprentice hunter license from the requirement to take a hunter safety course as otherwise required by law;
8. Amends the junior hunting, apprentice hunting and junior trapping laws in order to make them more consistent and, in the context of the provisions for the supervision of junior hunters and junior trappers, clearly defines "in the presence of" to include visual and voice contact that does not include the use of technology, including but not limited to binoculars and citizen band radios;
9. Repeals Public Law 2013, chapter 437, section 1, which established moose permits for hunting lodges, and, for purposes of entry into the moose permit lottery and allocation of moose lottery permits, defines "hunting outfitter" to include sporting camp owner-operators who are licensed to provide package deals for food, lodging and the services of a guide. It prohibits the sale or transfer of the permit by a hunter who receives it through a hunting outfitter;
10. Removes the restriction against discharging a bow and arrow, or causing a projectile to pass as a result of that discharge, within 100 yards of a building or residential dwelling without permission from the building's owner or occupant or owner's authorized representative;
11. Repeals the law requiring a grouse hunter to label ruffed grouse the hunter harvested when travelling within or through the unorganized territory;
12. Corrects a reference to junior hunting licenses in the provision on hunter safety requirements to consistently use the term "junior" when referring to a hunting license for people between 10 and 16 years of age;
13. Requires the Commissioner of Inland Fisheries and Wildlife to provide an annual report to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters documenting any rule-making actions taken to amend the list of waters containing state heritage fish adopted by the commissioner by rule. It also changes the designation of rules governing the removal of waters from the list from major substantive to routine technical; and
14. Adds an emergency preamble and emergency clause.
FISCAL NOTE REQUIRED
(See attached)