CHAPTER 604
S.P. 720 - L.D. 1922
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §1801, sub-§2, as enacted by PL 1997, c. 678, §13, is amended to read:
2. Commissioner. "Commissioner" means the Commissioner of of Conservation.
Sec. 2. 12 MRSA §1803, sub-§1, as enacted by PL 1997, c. 678, §13, is amended to read:
1. Jurisdiction. Has jurisdiction, custody and control over and responsibility for managing:
A. All state parks and historic sites and national parks that are controlled and managed by the State, except Baxter State Park; and
B. Public reserved lands, nonreserved public lands and, submerged lands and intertidal lands;
C. The Allagash Wilderness Waterway; and
D. Public boating facilities acquired or constructed and maintained pursuant to subchapter IX.
Sec. 3. 12 MRSA §1803, sub-§6, as enacted by PL 1997, c. 678, §13, is amended to read:
6. Rules. From time to time shall adopt, amend, repeal and enforce reasonable rules necessary to carry out the duties assigned to it, including, but not limited to, rules:
A. For the protection and preservation of state parks, historic sites, the Allagash Wilderness Waterway, public boating facilities owned or managed by the bureau, submerged lands, public reserved lands and nonreserved public lands;
B. For the protection and safety of the public; and
C. For observance of the conditions and restrictions, expressed in deeds of trust or otherwise, of the state parks, historic sites, the Allagash Wilderness Waterway, public boating facilities owned or managed by the bureau, submerged lands, public reserved lands and nonreserved public lands of the State and of monuments thereon.; and
D. For preservation of the natural beauty, historic integrity and character of the Allagash Wilderness Waterway.
All rules of the bureau must be adopted in accordance with the procedures set forth in Title 5, chapter 375, subchapter II. These rules, except those related to the conduct of public hearings, may be enforced by any law enforcement officer. Violation of any such rules, except those related to the conduct of public hearings, is a Class E crime.
Sec. 4. 12 MRSA §1804, sub-§§4 and 5, as enacted by PL 1997, c. 678, §13, are amended to read:
4. Surplus property. Sell storehouses and other structures and fixtures that are surplus to the needs of the bureau; and
5. Bureau budget. Prepare and submit to the commissioner the budget for the bureau. ; and
Sec. 5. 12 MRSA §1804, sub-§6 is enacted to read:
6. Restrictions on public access. Post notice of any restrictions to public access at points commonly used to access the land or at a facility or structure where such rules and notices are regularly posted. The director may restrict public access to any portion of the land or waters within the bureau's jurisdiction when the restrictions reasonably relate to protecting public health, safety or welfare or the economic interests or natural resources of the State.
Sec. 6. 12 MRSA §1806 is enacted to read:
The bureau may coordinate and exercise law enforcement power over the land and water within the bureau's jurisdiction. The provisions in this section apply to law enforcement within the jurisdiction of the bureau.
1. Powers of law enforcement officers. A law enforcement officer may issue a written summons to any person the officer has probable cause to believe has committed or is committing a bureau rule violation, a civil violation or a crime. Any law enforcement officer may detain or arrest, with or without a warrant, any person the officer has probable cause to believe has committed or is committing a crime.
2. Powers of bureau staff or agents. The director may authorize an employee or agent of the bureau to issue a written summons to any person who the employee or agent has probable cause to believe has committed or is committing a civil violation or a crime. The director may authorize an employee or agent of the bureau to detain or arrest any person who the employee or agent has probable cause to believe has committed or is committing a crime. The director shall notify the joint standing committee of the Legislature having jurisdiction over parks and public lands matters in writing prior to adopting a policy that authorizes employees or agents of the bureau to make arrests.
3. Civil violations. Except for violations of section 1880 or rules adopted to implement section 1880, a person who violates a rule adopted by the bureau under this chapter commits a civil violation for which a forfeiture of not more than $500 may be adjudged.
4. Criminal offenses. In addition to offenses designated as crimes elsewhere in statute, a person commits a Class E crime if while within the jurisdiction of the bureau the person in fact:
A. Removes, molests, injures or damages anything natural, material, prehistoric or historic, except as authorized by the bureau or allowed by laws and rules relating to hunting, fishing and trapping;
B. Removes, mutilates, defaces, or destroys a notice or rule posted by the bureau or a lawfully erected monument or marker;
C. Mutilates, defaces, destroys, moves off station or sinks any buoy, beacon or marking device placed by the State either floating on the waters of the State or permanently fixed to land or a structure adjacent to the waters of the State;
D. Moors or in any manner fastens a vessel, boat, scow or raft to any buoy or beacon placed by the State in any waters of this State or to any permanent structure placed by the State in any waters of this State except for a dock, wharf or other structure placed for that purpose;
E. Possesses a loaded weapon in violation of park rules or in areas closed to hunting by rule, law or ordinance;
F. Discharges any firearm, bow and arrow, weapon powered by carbon dioxide cartridges or other weapon within 300 feet of any picnic area, designated camping area, parking area, building, shelter or boat launching site or in violation of park rules or in areas closed to hunting by rule, law or ordinance;
G. Commits unauthorized access by motorized vehicle, boat or aircraft in violation of bureau rules;
H. Violates the requirements for a trip leader permit issued under section 7322; or
I. Enters land or waters to which access has been restricted under section 1804.
Sec. 7. 12 MRSA §1821, as enacted by PL 1997, c. 678, §13, is repealed.
Sec. 8. 12 MRSA §1832, sub-§§2 and 3, as enacted by PL 1997, c. 678, §13, are repealed.
Sec. 9. 12 MRSA §1841, sub-§4, as enacted by PL 1997, c. 678, §13, is repealed.
Sec. 10. 12 MRSA §1846, sub-§§2 and 3, as enacted by PL 1997, c. 678, §13, are repealed.
Sec. 11. 12 MRSA §1857, sub-§4, as enacted by PL 1997, c. 678, §13, is repealed.
Sec. 12. 12 MRSA §1862, sub-§8, as enacted by PL 1997, c. 678, §13, is repealed.
Sec. 13. 12 MRSA §1867, sub-§4, as enacted by PL 1997, c. 678, §13, is repealed.
Sec. 14. 12 MRSA §1867, sub-§6, as enacted by PL 2001, c. 391, §3, is amended to read:
6. Pulpwood salvage exemption. A person who has been granted a charter or other specific authorization by the Legislature prior to June 30, 1998 to erect and maintain piers and booms to collect and store pulpwood in waters over submerged lands may salvage the pulpwood stored in compliance with that charter and is exempt from subsections 3, 4 and 5 of this section and rules pertaining to pulpwood salvage adopted under section 1803, as long as, prior to conducting a pulpwood salvage operation, that person:
A. Provides documentation satisfactory to the bureau of the legislative charter or approval specifically authorizing pulpwood storage at the proposed salvage site;
B. Attests that the salvaged pulpwood is to be processed at a mill owned by that person;
C. Obtains all applicable permits required by local, state and federal agencies having jurisdiction over the salvage activity; and
D. Provides a plan acceptable to the bureau that results in substantial improvements or benefits to public trust rights or uses on that or a related body of water.
Pulpwood salvaged under a plan approved and implemented in accordance with the terms of this subsection is the property of the person authorized to collect and store pulpwood at the salvage site. A person who salvages pulpwood under this subsection shall comply with the provisions of the approved plan and with all applicable permitting requirements and other legal requirements pertaining to the salvage activity. Pulpwood salvaged under this section may be processed only at a mill owned by the person authorized to collect and store pulpwood at the salvage site.
Sec. 15. 12 MRSA §1883, as enacted by PL 1997, c. 678, §13, is repealed.
Sec. 16. 12 MRSA §1884, as amended by PL 1999, c. 547, Pt. B, §28 and affected by §80, is further amended to read:
§1884. Enforcement, inspection and penalties for violations
Rules and permits Permits issued by the bureau under this subchapter have the force and effect of law. No timber harvesting operation may be undertaken except in conformance with this subchapter.
For the purposes of inspection and to ensure compliance with permits issued or adopted by the bureau, authorized bureau staff or consultant personnel may conduct investigations, examinations, tests and site evaluations that are determined to be necessary to verify information presented to the bureau and may obtain access to any lands and structures regulated under this subchapter.
Any person who violates any provision of this subchapter other than section 1880 or rules adopted or permits issued under section 1880 commits a Class E crime.
A person who violates any provision of section 1880, except as otherwise provided in this paragraph, or rules adopted to implement or permits issued under that section 1880 commits a civil violation for which a forfeiture of up to $1,000 for each day of the violation may be adjudged. A person who willfully or knowingly falsifies any statement contained in a management plan or application under section 1880 commits a civil violation for which a forfeiture of up to $1,000 may be adjudged. A person who violates the herbicide provisions of section 1880 is subject to the penalties of Title 22, section 1471-J.
In addition, the bureau may in the name of the State institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate any violation of this subchapter or of the rules or permits issued under it or rules adopted under section 1803. This action may include, but is not limited to, proceedings to revoke or suspend any bureau permit or approval taken before the District Court in accordance with Title 4, section 152, subsection 9 and Title 4, chapter 5 or, notwithstanding the provisions of Title 5, section 10051, before the Superior Court, as part of an enforcement action brought by the bureau.
Sec. 17. 12 MRSA §§1885, 1886 and 1887, as enacted by PL 1997, c. 678, §13, are repealed.
Sec. 18. 12 MRSA §1895, sub-§§1 and 2, as enacted by PL 1997, c. 678, §13, are repealed.
Sec. 19. 12 MRSA §§1899-A, 1899-B and 1899-C, as enacted by PL 1997, c. 678, §13, are repealed.
Sec. 20. 15 MRSA §1025, as amended by PL 1997, c. 678, §20, is further amended to read:
§1025. Law enforcement officers
A law enforcement officer making a warrantless arrest under Title 17-A, section 15 may, without fee, take the personal recognizance of any defendant for appearance on a charge of a Class D or Class E crime. If authorized, a law enforcement officer may, without fee, take the personal recognizance with deposit in accordance with Title 12, section 1886; Title 12, section 7053, subsection 2, paragraph C; and Title 12, section 9707. The law enforcement officer's authority under this section continues as long as the arrestee remains in the officer's custody.
Sec. 21. 25 MRSA §2801-B, sub-§1, ¶B, as amended by PL 1999, c. 682, §2, is further amended to read:
B. Agents or representatives of the Department of Conservation, Bureau of Parks and Lands, whose law enforcement powers are limited to those specified in Title 12, section 1821 1806;
Effective July 25, 2002, unless otherwise indicated.
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