Amend the bill by inserting after section 5 the following:
‘Sec. 6. 12 MRSA §10105, sub-§1-A, as enacted by PL 2007, c. 73, §1, is amended to read:
Sec. 7. 12 MRSA §10201, sub-§5, ¶B, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
B. The design of the permit and any art created in conjunction with it may be selected through an art contest. The commissioner may award a cash prize for the winning entry selected in a contest.’
Amend the bill by striking out all of section 9 and inserting the following:
‘Sec. 9. 12 MRSA §10906, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §105 and affected by §422, is further amended to read:
While a person's license or , permit or recreational vehicle registration is under suspension or revocation under this Part, that person may not engage in the particular activity permitted by the license or , permit or recreational vehicle registration that has been suspended or revoked.
A person who violates this section commits a Class D crime.
Sec. 10. 12 MRSA §10907, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §106 and affected by §422, is further amended to read:
A person may not obtain or attempt to obtain any license or , permit or recreational vehicle registration that has been suspended or revoked by the commissioner under this Part.
A person who violates this section commits a Class D crime.’
Amend the bill in section 10 in subsection 3 in the next to the last line (page 4, line 12 in L.D.) by striking out the following: " use" and inserting the following: ' then purchase'
Amend the bill in section 11 in subsection 1 in paragraph A in the 3rd line (page 4, line 19 in L.D.) by striking out the following: " or to hunt a wild animal or wild bird"
Amend the bill in section 11 in subsection 1 in the last blocked paragraph in the 2nd line (page 4, line 29 in L.D.) by striking out the following: " may be occupied by people or" and inserting the following: ' is designed to be occupied by people or domesticated'
Amend the bill by striking out all of section 12 and inserting the following:
‘Sec. 12. 12 MRSA §12255, sub-§3, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §217 and affected by §422, is further amended to read:
Sec. 13. 12 MRSA §12551-A, sub-§7, ¶A, as amended by PL 2005, c. 237, §3, is further amended to read:
A.
The holder of a smelt wholesale dealer's license may:
(1) Take live smelts for resale from inland waters or private ponds. The taking of live smelts from inland waters must be in accordance with general rules adopted by the commissioner in regard to the taking of smelts. Except as provided in paragraph B, the holder of a smelt wholesaler's license shall comply with the same daily bag limit and the same tackle restrictions that apply to all other anglers and is subject to the same penalties for violations of those limits and restrictions. This subparagraph does not apply to a holder of a fish cultivator license as provided under section 12507;
(2) From ice-in to ice-out, use Use a drop net, a lift net or hook and line to take up to 8 quarts of smelts through man-made openings in the ice while fishing on the ice from specific inland waters designated by the commissioner. A dip net may be used in conjunction with the above methods to assist with the handling and transporting of smelts. A licensee may keep the daily bag limit alive. The daily bag limit established under this subparagraph is for a 24-hour period, beginning at noon on a given day and ending at 11:59 a.m. the following day;
(2-A) In waters naturally free of ice, take smelts from noon to 2:00 a.m. by the use of a dip net in the usual and ordinary way. The commissioner may establish the daily bag limit by rule and a licensee may keep the daily bag limit of smelts alive. The daily bag limit established under this subparagraph is for a 24-hour period, beginning at noon on a given day and ending at 11:59 a.m. the following day. The commissioner may shorten the noon to 2:00 a.m. smelt fishing timeframe by rule for enforcement or conservation purposes;
(3) Use artificial light for the purpose of luring smelts to a drop net or a lift net;
(4) Transport or possess at the holder's business facility more than the daily bag limit of smelts provided that the smelts were taken by the license holder in accordance with this section or acquired from a person licensed under this section to deal in live smelts;
(5) Designate others to assist in selling live smelts at the holder's business facility; and
’(6) Transport or designate others to transport on the license holder's behalf live smelts in accordance with this subsection.
Amend the bill in section 17 in §13106-D in subsection 2 in the 2nd line (page 6, line 28 in L.D.) by inserting after the following: " shall" the following: ' , if the property owner is notified pursuant to subsection 1,'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment:
1. Provides that the Commissioner of Inland Fisheries and Wildlife may allow authorized anglers who assist in the removal of invasive fish species to sell those fish;
2. Clarifies that the Commissioner of Inland Fisheries and Wildlife may award a cash prize for the winning entry selected in the migratory waterfowl permit design contest;
3. Removes the provisions of the bill regarding the placement of tree stands, blinds or structures on the land or on the ice of inland waters;
4. Includes the registration of recreational vehicles in the provisions of law regarding a suspended or revoked license or permit;
5. Clarifies that if a person is chosen in the moose hunting lottery, that person may not then purchase an apprentice hunting license to satisfy the licensing requirements to receive the moose permit;
6. Removes the proposed prohibition on hunting within 100 yards of a building;
7. Amends the definition of "building" for purposes of the prohibition against discharging a firearm or crossbow within 100 yards of a building to clarify that it includes a building that is designed to be occupied by people or domesticated animals;
8. Provides that a person may not carry a firearm during the open trapping season for the purpose of dispatching trapped animals if that person is prohibited from possessing a firearm under the Maine Revised Statutes, Title 15, section 393 and has not obtained a valid permit to carry a firearm;
9. Clarifies that the holder of a smelt wholesale dealer's license may use a drop net, a lift net or hook and line to take up to 8 quarts of smelts through man-made openings in the ice while fishing on the ice;
10. Removes the provision of the bill that increases the whitewater rafting user fee by $1 per person; and
11. Clarifies that the operator of a snowmobile involved in an accident that results in property damage must provide certain information to the property owner if that property owner can be identified.