An Act To Amend Certain Provisions of the Fish and Wildlife Laws
Sec. 1. 12 MRSA §10105, sub-§2, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §20 and affected by §422, is repealed.
Sec. 2. 12 MRSA §10105, sub-§§15 and 16 are enacted to read:
Sec. 3. 12 MRSA §10151, sub-§§7 to 9 are enacted to read:
Sec. 4. 12 MRSA §10853, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
Sec. 5. 12 MRSA §10853, sub-§11, as affected by PL 2003, c. 614, §9 and amended by c. 655, Pt. B, §93 and affected by §422, is further amended to read:
Prior to making a determination of eligibility under this subsection, the commissioner or the commissioner's agent shall meet with the applicant in person at a location chosen by the commissioner to discuss the applicant's needs. Each applicant's disability and needs must be reviewed in consultation with the disabled hunter, trapper and angler advisory committee established in section 10152 and a determination made regarding the special authorization that may be made to enhance the applicant's access to fishing, hunting and trapping opportunities. A permit issued under this subsection must be signed by the commissioner and include a clear and specific description of the activities authorized by that permit. The disabled person shall carry the permit whenever that person is hunting, trapping or fishing, and the permit must be presented to a game warden or other law enforcement officer upon request. No laws or rules may be waived except as are necessary to effect this subsection.
The commissioner may authorize only the minimum special exceptions necessary to overcome the applicant's disability and allow that applicant to safely hunt, trap or fish. This does not authorize the commissioner to issue special exceptions that endanger public safety. A permit issued under this subsection does not authorize a person to exceed the allowable bag or size limits for any fish or wildlife species; to fish for or take a fish or wildlife species for which a license is not otherwise issued; to fish for, trap or hunt a fish or wildlife species more than 7 days before the opening or more than 7 days after the closing of the regular open season for that species; or to fish, trap or hunt in any area permanently closed to those activities by state law or rule.
Sec. 6. 12 MRSA §11105, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
When proof of competency can not otherwise be provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult hunting license or that the applicant has successfully completed the required hunter safety course.
Sec. 7. 12 MRSA §11106, sub-§2, as amended by PL 2007, c. 203, §2, is further amended to read:
When proof or evidence can not be otherwise provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult archery hunting license or has successfully completed the required archery hunter education course.
Sec. 8. 12 MRSA §11106-A, sub-§3, as amended by PL 2007, c. 203, §4, is further amended to read:
When proof or evidence cannot be otherwise provided, the applicant may substitute a signed affidavit that the applicant has previously held the required adult crossbow and archery hunting license or has successfully completed the required crossbow and archery hunting education courses.
Sec. 9. 12 MRSA §11251, sub-§1, ¶¶C and D, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, are repealed.
Sec. 10. 12 MRSA §11401, sub-§1, ¶¶C and D, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, are repealed.
Sec. 11. 12 MRSA §11852, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed.
Sec. 12. 12 MRSA §12202, first ¶, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:
A resident and a member of the resident's immediate family, as long as the trapper's license to trap is not under suspension or revocation, may trap for wild animals , except beaver, without a trapping license issued under section 12201 on land:
Sec. 13. 12 MRSA §13056, sub-§3-A is enacted to read:
summary
This bill amends the fish and wildlife laws in the following ways.
1. It allows the Commissioner of Inland Fisheries and Wildlife, after consultation with the Governor and the Inland Fisheries and Wildlife Advisory Council, to terminate any open season for hunting, fishing or trapping in any part of the State due to adverse weather conditions or unlawful activity. Once the reason for the termination has passed, the commissioner, with the consent of the Governor, may extend the open season in the affected part of the State for a number of days not to exceed the number of days hunting, fishing or trapping was prohibited.
2. It allows the commissioner, in addition to current authorization to issue 2 moose permits to a nonprofit organization providing hunting and fishing adventures to children under 21 years of age, to issue, in extenuating circumstances, 2 other permits or licenses for other fishing or hunting adventures.
3. It removes the requirement that the commissioner or the commissioner’s designee meet with an applicant with a permanent physical disability seeking special authorization to hunt, trap or fish in a manner not otherwise authorized.
4. It allows a resident or member of the resident’s family to trap beaver on land that is owned and occupied by the resident as a domicile and that is used exclusively for agricultural purposes.
5. It provides for the registration of antique motorboats, which are boats that are more than 50 years old.
6. It allows a resident who is in the military stationed outside of the State to get a trapping license for the cost of the license to the department and allows the spouse and children of that resident in the military to get a reduced-fee trapping license.
7. It establishes a quorum and attendance requirements for the Inland Fisheries and Wildlife Advisory Council.
8. It clarifies that a person can forgo a hunter education safety course by showing proof that the person has previously held a valid adult license for the license being sought.