APPROVED CHAPTER
APRIL 14, 2022 599
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
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H.P. 82 - L.D. 116
An Act Relating to the Hunting of Antlerless Deer
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §10264, 2nd ¶, as amended by PL 2021, c. 409, §6, is further
amended to read:
Notwithstanding section 10801, subsection 4, $2 of each deer registration fee collected
under section 12301‑A, subsection 3, paragraph C must be deposited in the fund. Fifty
percent of the funds deposited in the fund from the deer registration fees must be used for
predator control purposes and 50% of the deposited fees must be used to acquire or enhance
deer habitat. In addition, the revenue from each antlerless deer permit fee collected under
section 11152, subsection 9, minus administrative costs, must be deposited in the fund.
The commissioner may accept and deposit into the fund monetary gifts, donations or other
contributions from public or private sources for the purposes specified in this section. The
fund must be held separate and apart from all other money, funds and accounts. The
department shall report annually to the joint standing committee of the Legislature having
jurisdiction over inland fisheries and wildlife matters on the fund and its utilization.
Sec. 2. 12 MRSA §10902, sub-§6, ¶F, as amended by PL 2013, c. 538, §5, is
further amended to read:
F. Buying or selling deer, exceeding the bag limit on deer or hunting deer after having
killed one, in violation of section 11217 or 11501 or unlawfully hunting or possessing
an antlerless deer in a wildlife management district for which no antlerless deer permits
have been issued in which the taking of antlerless deer is not allowed in violation of
section 11152, subsection 1‑A;
Sec. 3. 12 MRSA §10953, sub-§1, ¶C, as amended by PL 2019, c. 98, §1, is further
amended to read:
C. Hunt moose with a crossbow in areas of the State open to moose hunting during the
open season on moose established by rule in section 11552, subsections 1 and 2 and
according to the rules pertaining to moose hunting permits adopted by the
commissioner for the protection of the moose resource under section 11551 and in
accordance with the provisions of section 11601; and
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 Sec. 4. 12 MRSA §10953, sub-§1, ¶D, as amended by PL 2019, c. 98, §1, is further
amended to read:
D. Hunt deer with a crossbow during the open firearm season on deer as provided in
section 11401;.
Sec. 5. 12 MRSA §10953, sub-§1, ¶E, as amended by PL 2019, c. 637, §2, is
repealed.
Sec. 6. 12 MRSA §10953, sub-§1, ¶F, as enacted by PL 2019, c. 98, §1, is
repealed.
Sec. 7. 12 MRSA §10953, sub-§1-C, as amended by PL 2019, c. 637, §3, is further
amended to read:
1-C. Hunting with a crossbow; 65 years of age or older. A person 65 years of age
or older who meets the eligibility requirements of sections 11105, 11106 and 11162 may
hunt a wild bird or a wild animal with a crossbow during any open season on that wild bird
or wild animal subject to this Part and may take an antlerless deer with a crossbow during
the regular archery-only deer hunting season without an antlerless deer permit issued in
accordance with section 11152.
Sec. 8. 12 MRSA §11109-A, sub-§2-A, as enacted by PL 2019, c. 116, §2, is
amended to read:
2-A. Antlerless deer permit. A super pack license includes:
A. An antlerless deer permit as provided under section 11152, except that it is valid
only for antlerless deer in wildlife management districts in which at least 3,500 2,000
antlerless deer permits are issued. No more than 2.5% of those antlerless deer permits
may be in the form of a super pack license. The commissioner shall implement a system
for issuing antlerless deer permits under this paragraph; and
B. An opportunity to enter a bonus antlerless-only an antlerless deer permit lottery
established by the commissioner by rule pursuant to section 11152.
If a super pack licensee obtains an antlerless deer permit pursuant to paragraph A, that
person is not eligible to obtain an antlerless deer permit through an antlerless deer permit
lottery established by the commissioner pursuant to section 11152.
Sec. 9. 12 MRSA §11109-A, sub-§3, ¶A, as enacted by PL 2007, c. 163, §1 and
affected by §3, is amended to read:
A. One deer during either the regular open firearm season or the regular archery-only
archery season or the special muzzle-loading season in accordance with sections
11401, 11403 and 11404, respectively;
Sec. 10. 12 MRSA §11110, sub-§1, as amended by PL 2017, c. 379, §1, is further
amended to read:
1. Transfer permitted. A person who has been assigned a designated hunting area,
zone or season by the department for purposes of hunting a game animal moose may
exchange that designated zone, area or season with another person assigned a different
hunting zone, area or season for the same game animal for purposes of hunting that same
game animal moose. The department may assist in the exchange to ensure that the permit
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holders meet the requirements of section 10756, but the State bears no responsibility for
enforcing the terms of the exchange between the permit holders. The commissioner may
adopt rules to implement this section. Rules adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 11. 12 MRSA §11152, as amended by PL 2019, c. 324, §2, is further amended
to read:
§11152. Antlerless deer; regulation and authority to issue permits
1. Permit required. Except as otherwise authorized pursuant to this Part, a person
may not hunt antlerless deer as authorized in this section unless that person has a valid
permit issued under this section or is hunting in an area that is designated by rule as open
to the hunting of antlerless deer or either-sex deer without an antlerless deer permit.
A. Each day a person violates this subsection that person commits a Class E crime for
which a minimum fine of $50 and an amount equal to twice the applicable license fee
must be imposed.
1-A. Antlerless deer in wildlife management districts with no permits issued.
Except as otherwise provided in this Part, a person may not hunt or possess an antlerless
deer in a wildlife management district or a portion of a wildlife management district that
does not have permits issued in which the taking of antlerless deer is not allowed. A person
may possess in one of those districts an antlerless deer that has been lawfully registered
taken in another district where permits have been issued antlerless deer may be legally
taken.
A person that violates this subsection commits a Class D crime for which a minimum fine
of $1,000 must be imposed, and the court shall impose a sentencing alternative involving
a term of imprisonment of at least 3 days, none of which may be suspended.
2. Authority to regulate taking of antlerless deer. The commissioner may regulate
the taking of antlerless deer by rule within an area of the State as necessary to maintain
deer populations in balance with available habitat if the demarcation of each area follows
recognizable physical boundaries such as rivers, roads and railroad rights-of-way. This
subsection does not apply to a person with a special antlerless deer permit under subsection
7.
2-A. Authority to regulate taking of antlerless deer in certain areas within wildlife
management districts where no permits are issued. The commissioner may by rule issue
permits in a designated geographical area within a wildlife management district where no
antlerless deer permits are issued to maintain balanced deer populations. A designated
geographical area under this subsection may consist of an entire town or other area but
must have a demarcation of the area that follows recognizable physical boundaries such as
rivers, roads and railroad rights-of-way.
3. Rulemaking. The commissioner may adopt rules necessary for the administration,
implementation, enforcement and interpretation of this section, except that the
commissioner is not authorized to establish an antlerless deer permit system lottery unless
otherwise specified in this section. If the commissioner establishes by rule a lottery for
issuing antlerless deer permits to eligible persons, the commissioner may also allow for the
direct purchase of additional antlerless deer permits in certain wildlife management
districts or portions of wildlife management districts as the commissioner finds necessary
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to maintain balanced deer populations. The commissioner may appoint clerks or agents
under section 10801 to process applications for permits issued under this section. A clerk
or agent appointed by the commissioner to process applications shall charge a fee of $2 for
each application processed by that clerk or agent under this section. Rules adopted by the
commissioner that provide for permits to be issued to nonresident hunters must provide
that:
B. No more than 15% of the antlerless deer permits issued in any one district or in any
one zone may be issued to nonresident hunters.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2‑A.
4. Landowner consideration. An antlerless deer permit system lottery adopted by
the commissioner pursuant to this section may include a provision giving special
consideration to landowners who keep their lands open to hunting by the public. As part
of the special consideration to those landowners, the commissioner shall provide at least
25% of the available antlerless deer permits in a wildlife management district to eligible
landowners that apply for an antlerless deer permit in that district. Any 2 or more areas of
land owned by the same person that are open for hunting and that would be contiguous
except for being divided by one or more roads are considered contiguous for the purposes
of determining landowner eligibility for special consideration under this subsection.
5. Hunter permit transfers. A resident may take an antlerless deer if another resident
who holds a valid antlerless deer permit transfers the permit to that resident by identifying
the name and address of the transferee on the permit as well as any other information
reasonably requested by the commissioner and then returns the permit to the department
prior to the start of the firearm season on deer. A nonresident may take an antlerless deer
if another nonresident who holds a valid antlerless deer permit transfers the permit to that
nonresident by identifying the name and address of the transferee on the permit as well as
any other information reasonably requested by the commissioner and then returns the
permit to the department prior to the start of the firearm season on deer. The commissioner
shall record a transfer under this subsection and return the permit to the transferee. A valid
permit must be in the possession of the transferee in order for the transferee to take an
antlerless deer.
5-A. Permit transfer to junior hunter. Notwithstanding subsection 5, a junior hunter
may take an antlerless deer if another person who holds a valid antlerless deer permit
transfers that permit to that junior hunter by identifying the name and address of the
transferee on the permit as well as any other information reasonably requested by the
commissioner and then returns the permit to the department at least 48 hours prior to the
junior hunter's hunting antlerless deer. Upon transfer of the antlerless deer permit to a
junior hunter, the transferor may not hunt an antlerless deer pursuant to the transferred
permit but remains eligible, unless otherwise prohibited, to take a deer other than an
antlerless deer in accordance with this Part.
The commissioner shall record a transfer under this subsection and return the permit to the
transferee. A valid permit must be in the possession of the transferee in order for the
transferee to take an antlerless deer.
7. Special antlerless deer permit. The commissioner shall issue a special antlerless
deer permit to an eligible person who has lost all or part of one or more lower limbs, not
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including a partial foot amputation, or is suffering from the permanent loss of use of both
lower limbs. The commissioner shall issue a permit upon application and after the
applicant verifies that person's ambulatory disability with a letter signed by a physician
confirming the person's condition. A person who is issued a special antlerless deer permit
under this subsection may take an antlerless deer in any part of the State open to the taking
of antlerless deer pursuant to subsection 3.
8. Junior hunter consideration. An antlerless deer permit system lottery adopted by
the commissioner pursuant to this section may include a provision giving special
consideration to persons with a valid junior hunting license. As part of the special
consideration to junior hunters, the commissioner shall provide at least 25% of the available
antlerless deer permits in a wildlife management district to persons with a valid junior
hunting license who apply for an antlerless deer permit in that district.
9. Fee. The fee for an antlerless deer permit is $12 for residents and nonresidents.
Sec. 12. 12 MRSA §11403, sub-§2, as amended by PL 2019, c. 325, §5, is further
amended to read:
2. Open archery season on deer. The commissioner shall by rule establish a regular
archery-only archery season beginning at least 30 days prior and extending to the beginning
of the regular deer hunting season, as described in section 11401, subsection 1, paragraph
A, for the purpose of hunting deer with bow and arrow only or crossbow. During the
regular archery-only archery season on deer the following restrictions apply.
A. A person may not take a deer during a regular archery-only archery season unless
that person uses a hand-held bow and broadhead arrow in accordance with section
11214, subsection 1, paragraph P or a crossbow in accordance with section 10953,
subsection 3.
B. A person may not carry firearms of any kind while hunting any species of wildlife
with bow and arrow or crossbow during the regular archery-only archery season on
deer. This paragraph may not be construed to prohibit a person from carrying a
concealed weapon in accordance with Title 25, section 2001‑A.
C. Except as provided in section 11109‑A, subsection 3, if a person takes a deer with
bow and arrow or crossbow during the regular archery-only archery season on deer,
that person is precluded from further hunting for deer during that year except as
otherwise provided in law or rule.
D. Except as provided in this subsection, the provisions of this Part concerning deer
are applicable to the taking of deer with bow and arrow and crossbow, including the
transportation, registration and possession of deer taken by this method these methods.
A person who violates this subsection commits a Class E crime.
Sec. 13. 12 MRSA §11701, first ¶, as amended by PL 2019, c. 98, §2, is further
amended to read:
The commissioner may establish open seasons for hunting wild turkeys, designate
areas that are open to the taking of wild turkeys in any part of the State, prescribe the form
and regulate the number of permits to be issued, determine the number and sex of the birds
to be harvested, establish bag limits, establish permit eligibility requirements, establish
legal hunting times, specify the types of weapons to be used during any open wild turkey
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hunting season and make any other rules that the commissioner considers necessary for the
protection of the wild turkey resource. The rules must permit the use of a crossbow during
an open season for hunting wild turkey, except that a person may not hunt wild turkey with
a crossbow during the fall open season on hunting wild turkey as established by the
commissioner.
Sec. 14. Examination of crossbow laws. The Department of Inland Fisheries and
Wildlife shall determine the statutory changes necessary to remove the distinction between
hunting with a bow and arrow and crossbow. The department shall report the department's
findings and recommendations on the necessary changes as well as the cost, timeline and
impact of the changes to the joint standing committee of the Legislature having jurisdiction
over inland fisheries and wildlife matters by January 3, 2023. The committee may report
out a bill related to crossbows to the 131st Legislature in 2023.
Sec. 15. Appropriations and allocations. The following appropriations and
allocations are made.
INLAND FISHERIES AND WILDLIFE, DEPARTMENT OF
Resource Management Services - Inland Fisheries and Wildlife 0534
Initiative: Provides allocations to acquire or enhance deer habitat.
OTHER SPECIAL REVENUE FUNDS 2021-22 2022-23
All Other $0 $811,044
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $811,044
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Statutes affected:
Bill Text LD 116, HP 82: 12.10902, 12.11152
Bill Text ACTPUB , Chapter 599: 12.10264, 12.10902, 12.10953, 12.11109, 12.11110, 12.11152, 12.11403, 12.11701