Sec. 1. 12 MRSA §11206, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

§11206. Night hunting

1. Prohibition. A person may not:

A. Hunt wild birds from sunset to 1/2 hour before sunrise of the following day;

B. Hunt wild animals, except raccoons and coyotes as provided in this Part, from 1/2 hour after sunset until 1/2 hour before sunrise the following day; or

C. Possess any wild animal or wild bird taken in violation of paragraphs A and B except as otherwise provided in this Part.

A person who violates this subsection commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended.

In determining an appropriate sentence or fine, possession of night vision equipment is an aggravating factor and the sentence and fine must be doubled.__All equipment used or possessed in violation of this subsection is contraband and must be forfeited.

For purposes of this subsection, "night vision equipment" means spotting scopes, rifle scopes or headset night vision gear.

SUMMARY

This bill makes possession of night vision equipment an aggravating factor in the determination of a sentence and fine for night hunting, doubling the current penalty and mandating forfeiture of all equipment associated with the violation.