A.__A person 16 years of age or older at the beginning of the special season established under subsection 3 may obtain a primitive firearms license from the commissioner or the commissioner's authorized agent, provided that the person possesses a valid license to hunt big game with firearms.

B.__A person 10 years of age or older and under 16 years of age may obtain a primitive firearms license from the commissioner or the commissioner's authorized agent, provided that the person possesses a valid junior hunting license.

C.__A person who is under 10 years of age may not hunt deer with a primitive firearm.

2.__Issuance.__The commissioner, through an agent, shall issue a primitive firearm license in the form of a stamp or permit to eligible persons.__The issuing agent shall charge a fee of $1 for each license issued.

3.__Open season. There is a special primitive firearms season for deer starting the 6th Monday preceding Thanksgiving and ending at sunset the 5th Monday preceding Thanksgiving of each year.__The commissioner shall determine the areas open for hunting pursuant to this section and may terminate this open season at any time, in any area, if, in the commissioner's opinion, an immediate emergency action is necessary due to adverse weather conditions or severe hunting pressure.__The commissioner shall open as much of the State as practicable for hunting pursuant to this section.

4.__Bag limits.__The commissioner shall set bag limits for this open season that will aid the department in reaching its deer harvest goals.

5.__Hunter orange.__Notwithstanding section 7406, subsection 12, hunter orange clothing is not required during special primitive firearms season.

6.__Restrictions.__The following restrictions apply during special primitive firearms season.

A.__The commissioner's authority to regulate the harvest of anterless deer as set forth in section 7457, subsection 1, paragraph H, applies during the special primitive firearms season.

B.__Deer tags for the special primitive firearms season must be issued for use in the same manner as regular deer tags.

C.__Hunting on Sunday during special primitive firearms season is prohibited.

D.__Except as provided in this section, chapters 701 to 721 relating to deer apply to the taking of deer with primitive firearms.

Sec. 6. 12 MRSA §7406, sub-§9-A, ¶B, as amended by PL 1999, c. 403, §18, is further amended to read:

B. While in or on a motor vehicle or in or on a trailer or other type of vehicle being hauled by a motor vehicle, has any firearm with a cartridge or shell in the chamber or in an attached magazine, clip or cylinder or a muzzle-loading firearm or a primitive firearm charged with powder, lead and a primed-ignition device or mechanism.

Sec. 7. 12 MRSA §7406, sub-§12, as repealed and replaced by PL 1991, c. 824, Pt. A, §21, is amended to read:

12. Hunting without hunter orange clothing. A Except as provided in section 7107-B, a person is guilty of hunting without hunter orange clothing if that person hunts with firearms during the open firearm season on deer and fails to wear 2 articles of solid-colored hunter orange clothing that are in good, serviceable condition and visible from all sides, except that persons hunting waterfowl from a boat or blind or in conjunction with waterfowl decoys need not wear hunter orange clothing. One article of clothing must be a hat. The other article of clothing must cover a major portion of the torso, such as a jacket, vest, coat or poncho. The presence of a decal on an article of clothing that is otherwise solid-colored hunter orange does not disqualify that article of clothing from satisfying the requirements of this subsection.

SUMMARY

This bill establishes an annual special primitive firearms hunting season on deer from the 6th Monday preceding Thanksgiving to the 5th Monday preceding Thanksgiving, one week prior to the open season on deer. The bill provides eligibility requirements for a primitive firearms license and establishes a license fee schedule. The bill does not require hunters to wear hunter orange clothing during the special primitive firearms season.