C.__A general possession permit does not authorize the permittee to possess, propagate or sell deer, bear, moose, wild turkey, hybrid turkey or wild turkey-domestic turkey cross nor does it authorize the permittee to possess, propagate or sell any wild animal taken in accordance with section 7501, 7502 or 7504.

D.__A rehabilitation permit does not authorize the permittee to possess, propagate or sell any wild animal taken in accordance with section 7501, 7502 or 7504.

3.__Fees.__Permit fees are as follows:

A.__Propagation, $25 for 2 years;

B.__Commercial exhibition or attracting trade, $73 annually;

C.__Personal use, professional or avocational husbandry, therapy or aid to disabled persons, $10 annually; and

D.__Rehabilitation, no fee.

4.__Rules.__The commissioner may adopt rules necessary for the administration of this section, including provisions to ensure that all wildlife possessed under these permits receives humane treatment and proper husbandry and security, and to safeguard the interests of the wildlife and citizens of the State.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

5.__Permit administration.__In addition to the provisions adopted under subsection 4, the commissioner may assign permit conditions or requirements designed to mitigate potential impacts or risks that may arise from the possession of specific wildlife species or to ensure the humane treatment or proper husbandry for specific species.

§7235-D.__Prohibited acts

1.__Keeping wildlife in captivity.__A person is guilty of keeping wildlife in captivity if that person keeps any wild animal in captivity for any purpose, with the exception of the provisions under sections 7035, subsection 3; sections 7235-C; 7237; 7239; 7240; 7241; 7242; section 7771, subsection 2; or Title 7, section 1809 or if the wild animal was purchased from a dealer or pet shop licensed under Title 7, section 3933.

Sec. 8. 12 MRSA §7238, as enacted by PL 1979, c. 420, §1, is repealed.

Sec. 9. 12 MRSA §7377, sub-§7, as corrected by RR 1993, c.1, §36, is amended to read:

7. Breeding or rearing wild birds. Notwithstanding section 7371 as it applies to section 7235-A 7235-C, section 7371 does not apply to migratory game birds, partridge, grouse or pheasant owned by the department.

Sec. 10. 12 MRSA §7406, sub-§§22 and 23 are enacted to read:

22.__Hunting on a state game farm.__A person is guilty of hunting on a state game farm if that person hunts on a state game farm at any time.

23.__Hunting in a licensed wildlife exhibit.__A person is guilty of hunting in a licensed wildlife exhibit if that person hunts in a licensed wildlife exhibit at any time.

Sec. 11. 12 MRSA §§7456-A and 7456-B, as enacted by PL 1979, c. 543, §43, are repealed.

Sec. 12. 12 MRSA §7731, as amended by PL 1981, c. 644, §31, is repealed.

Sec. 13. 12 MRSA §7732, as amended by PL 1993, c. 438, §37, is repealed.

Sec. 14. 12 MRSA §§7733 and 7734, as enacted by PL 1979, c. 420, §1, are repealed.

Sec. 15. 12 MRSA §7736, as amended by PL 1993, c. 680, Pt. B, §1, is repealed.

Sec. 16. Revisor's review; cross-references. The Revisor of Statutes shall review the Maine Revised Statutes and include in the errors and inconsistencies bill submitted to the Second Regular Session of the 120th Legislature pursuant to Title 1, section 94 any sections necessary to correct and update any cross-references in the statutes to provisions of law repealed in this Act.

SUMMARY

This bill amends the section of the Maine Revised Statutes, Title 12 that deals with possessing, breeding, exhibiting,

purchasing, selling, importing and transporting wildlife. Currently, all of the possession authorities are within separate sections of the law. This bill repeals 14 sections of Title 12 and places them into one section with the issuance, fees, rule- making authority and permit administration being addressed. The bill also authorizes the Department of Inland Fisheries and Wildlife to adopt rules for each specific permit.