APPROVED CHAPTER
MAY 5, 2021 54
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
S.P. 88 - L.D. 199
An Act To Amend Certain Fish and Wildlife Laws and Related Provisions
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §10001, sub-§67-B is enacted to read:
67-B. Upland game species. "Upland game species" includes bobwhite quail, gray
squirrel, porcupine, ring-necked pheasant, ruffed grouse, snowshoe hare, spruce grouse and
woodchuck.
Sec. 2. 12 MRSA §10652, as amended by PL 2017, c. 50, §1, is further amended to
read:
§10652. Abuse of another person's property while fishing, hunting or trapping
1. Prohibitions. Prohibitions on the abuse of another person's property while fishing,
hunting or trapping are as follows.
A. A person may not while fishing:
(1) Tear down or destroy any fence or wall on another person's land;
(2) Leave open any gate or bars on another person's land; or
(3) Trample or destroy any crop on another person's land.;
(4) Damage or destroy a tree on another person's land by inserting into that tree
any metallic or ceramic object to be used as, or as part of, a ladder or observation
stand unless the person has the permission of the landowner;
(5) Erect or use either a portable or permanent ladder or observation stand on the
land of another person unless:
(a) That person has obtained oral or written authorization to erect and use a
ladder or observation stand from the landowner or the landowner's
representative; and
(b) The ladder or observation stand is plainly labeled with a 2-inch by 4-inch
tag identifying the name and address of the person or persons authorized by
the landowner to use the ladder or observation stand.
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 This subparagraph does not apply to a portable ladder or observation stand that is
located on land within the jurisdiction of the Maine Land Use Planning
Commission and attended by the person who owns the ladder or observation stand.
For purposes of this subparagraph, "observation stand" does not include a portable
blind utilized at ground level that remains in the physical possession of the hunter;
or
(6) Destroy, tear down, deface or otherwise damage a property posting sign under
Title 17-A, section 402, subsection 4.
B. A person may not while hunting any wild animal or wild bird:
(1) Damage or destroy a tree on another person's land by inserting into that tree
any metallic or ceramic object to be used as, or as part of, a ladder or observation
stand unless the person has the permission of the landowner;
(2) Except as provided in this paragraph, erect or use either a portable or permanent
ladder or observation stand on the land of another person unless:
(a) That person has obtained oral or written authorization to erect and use a
ladder or observation stand from the landowner or the landowner's
representative; and
(b) The ladder or observation stand is plainly labeled with a 2-inch by 4-inch
tag identifying the name and address of the person or persons authorized by
the landowner to use the stand or observation ladder.
This subparagraph does not apply to a portable ladder or observation stand that is
located on land within the jurisdiction of the Maine Land Use Planning
Commission and attended by the person who owns the ladder or observation stand.
For purposes of this subparagraph, "observation stand" does not include a portable
blind utilized at ground level that remains in the physical possession of the hunter;
(3) Tear down or destroy any fence or wall on another person's land;
(4) Leave open any gate or bars on another person's land;
(5) Trample or destroy any crop on another person's land; or
(6) Destroy, tear down, deface or otherwise damage a property posting sign under
Title 17‑A, section 402, subsection 4.
C. A person may not while trapping a wild animal:
(1) Tear down or destroy any fence or wall on another person's land;
(2) Leave open any gate or bars on another person's land; or
(3) Trample or destroy any crop on another person's land.
Except as otherwise provided, a person may not possess any wild animal or wild bird taken
by hunting or trapping in violation of this subsection.
2. Penalty. A person who violates this section commits a Class E crime and may be
ordered to pay restitution to the landowner for damages.
Sec. 3. 12 MRSA §10902, sub-§6, ¶G, as amended by PL 2013, c. 280, §3, is
further amended to read:
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 G. Buying or selling moose, unlawfully hunting moose or unlawfully possessing
moose, in violation of section 11154, 11217, 11601, 11651-A, 11652, 12302-A,
12304-A 12304-B, 12305 or 12403;
Sec. 4. 12 MRSA §10902, sub-§7-A, as enacted by PL 2003, c. 592, §2 and
affected by §5 and c. 655, Pt. C, §§5 and 6, is amended to read:
7-A. Hunting with night vision equipment or thermal imaging device. A hunting
license of a person convicted of night hunting in violation of section 11206, subsection 1
and found to have been in possession of night vision equipment or a thermal imaging device
at the time of the offense must be revoked, and that person is ineligible to obtain a hunting
license for a period of 5 years from the date of conviction.
Sec. 5. 12 MRSA §10902, sub-§7-B, as enacted by PL 2017, c. 50, §2, is amended
to read:
7-B. Destroying or defacing property posting signs. The hunting and fishing
licenses of A license, permit or registration issued by the department in effect at the time a
person is convicted of destroying, tearing down, defacing or otherwise damaging a property
posting sign in violation of section 10652, subsection 1, paragraph B A must be revoked,
and that person is ineligible to obtain a hunting or fishing any license, permit or registration
issued by the department for a period of one year from the date of conviction.
Sec. 6. 12 MRSA §11103, as affected by PL 2003, c. 614, §9 and amended by c.
655, Pt. B, §112 and affected by §422, is further amended to read:
§11103. Convicted felon Prohibition for convicted felons, domestic violence offenders
and certain nonviolent juvenile offenders
A person who is prohibited from possessing a firearm under Title 15, section 393,
subsection 1, 1-A or 1-B is ineligible to obtain or possess any license or permit issued by
the department that authorizes a person to hunt with a firearm unless that person possesses
a valid permit in accordance with Title 15, section 393, subsection 2.
Sec. 7. 12 MRSA §11217, sub-§2, as repealed and replaced by PL 2013, c. 333,
§4, is amended to read:
2. Exception. This subsection provides for exceptions to the prohibitions against the
purchase, sale, offer for sale or barter of wild animals and wild birds under this section.
A. A person who has lawfully killed or trapped and registered a bear may sell, without
a hide dealer's license, only the hide, head, teeth, claws not attached to the paws, fat
not attached to the meat and gall bladder gallbladder of that animal.
B. A person who has lawfully killed and registered a deer may sell, without a hide
dealer's license, only the hide, head, antlers and feet of that animal.
C. A person may sell the head, hide, feet and antlers of a domesticated deer and the
meat of a domesticated deer for use as food only in accordance with Title 7, chapter
202.
D. A person who has lawfully killed and registered a moose may sell, without a hide
dealer's license, only the hide, head, bones, antlers and feet of that animal.
E. A person may buy or sell, without a hide dealer's license, naturally shed antlers
from deer or moose.
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 F. A person may buy or sell, without a taxidermy license or a hide dealer's license,
legally obtained finished wildlife products, excluding federally protected wild animals
and wild birds except in accordance with federal law.
G. A person may buy, without a hide dealer's license, for that person's personal use
and not for resale, only the teeth, claws not attached to paws, fat not attached to the
meat, skull or head and hide of a bear; only the bones, feet and hide of a moose; the
skull or head of a deer or moose, excluding antlers; and all other parts of wild animals
and wild birds not prohibited from being bought, sold, offered for sale or bartered under
subsections 1 and 3.
H. A person who possesses a valid hide dealer's license may lawfully buy, sell, barter
and trade for profit the parts of wild animals under paragraphs A, B and D, lawfully
obtained raw, untanned animal hides and any parts of wild animals and wild birds not
prohibited from being bought, sold, offered for sale or bartered under subsections 1 and
3.
Parts permitted to be bought or sold under this subsection may not be attached to any other
parts of the wild animals or wild birds that are prohibited from being bought, sold, offered
for sale or bartered under subsections 1 and 3. Bear gall bladders gallbladders and raw,
unfinished deer and moose antlers must be tagged or accompanied with documentation
containing the name and address of the person who lawfully killed the animal.
As used in this subsection, "hide dealer's license" means a license issued pursuant to section
12954.
Sec. 8. 12 MRSA §11857, as amended by PL 2013, c. 538, §29, is repealed.
Sec. 9. 12 MRSA c. 915, sub-c. 9-A is enacted to read:
SUBCHAPTER 9-A
UPLAND GAME SPECIES HUNTING
§11871. Unlawful possession of upland game species
1. Daily bag limit. On any given day, a person may not take more than the daily bag
limit of an upland game species as established by the commissioner.
2. Possession limit. A person may not possess more than the possession limit of an
upland game species as established by the commissioner.
3. Penalty. A person who violates this section commits a Class E crime for which a
fine of not less than $200 plus $50 for each upland game species taken in violation may be
adjudged.
Sec. 10. 12 MRSA §12159, sub-§1, as amended by PL 2011, c. 253, §23, is further
amended to read:
1. Prohibition; penalties. Except as provided in this section, a person may not take
and or possess reptiles or amphibians from the wild for export, sale or commercial
purposes.
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 A. A person who violates this subsection commits a civil violation for which a fine of
not less than $100 nor more than $500 may be adjudged.
B. A person who violates this subsection after having been adjudicated as having
committed 3 or more civil violations under this Part within the previous 5-year period
commits a Class E crime.
Sec. 11. 12 MRSA §12303-A, sub-§1, as enacted by PL 2003, c. 655, Pt. B, §230
and affected by §422, is amended to read:
1. Time limits. Except as provided in subsection 1‑A, a person may not keep any of
the following unregistered wild animals at home or any place of storage for more than 18
hours after the animal was harvested:
A. Bear;
B. Deer;
C. Moose; or
D. Wild turkey.
Sec. 12. 12 MRSA §12304-A, as enacted by PL 2003, c. 655, Pt. B, §232 and
affected by §422, is repealed.
Sec. 13. 12 MRSA §12304-B is enacted to read:
§12304-B. Condition of animal presented for registration
1. Wild turkey. A person must present a wild turkey in its entirety for registration,
except that the viscera may be removed in a manner that permits determination of the sex
of the animal.
2. Bear, deer and moose. A person must present a bear, deer or moose for registration
as follows.
A. A person shall present a bear, deer or moose in its entirety, including, but not limited
to, all edible meat and the head for registration, except that the viscera, hide, lower legs
and rib cage, including the ribs, spine and pelvis, are not required to be presented for
registration.
B. A bear, deer or moose may be dismembered for ease of transportation.
C. A person shall present evidence of the sex of a bear, deer or moose for registration.
3. Biological samples. The commissioner may require hunters to submit biological
samples from wild turkey, bear, deer or moose at the time of registration. The
commissioner shall adopt rules to implement this subsection. Rules adopted pursuant to
this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
4. Disposal of parts not presented for registration. A person may not dispose of the
parts of a bear, deer or moose not presented for registration where they are visible to a
person traveling on a public or private way.
5. Penalty. A person who violates this section commits a Class E crime.
Sec. 14. 12 MRSA §12954, sub-§2, ¶A, as repealed and replaced by PL 2013, c.
333, §6, is amended to read:
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 A. Buy, sell, barter or trade any lawfully obtained bear gall bladders gallbladders, raw
unfinished moose antlers or raw unfinished deer antlers;
Sec. 15. 12 MRSA §12954, sub-§4-A, ¶A, as amended by PL 2017, c. 288, Pt. A,
§15, is further amended by amending subparagraph (1) to read:
(1) Keep a true and complete record, in such form as is required by the
commissioner, to include the names and addresses of persons buying or selling
heads, hides, bear fat and bear gall bladders gallbladders; and
Sec. 16. 12 MRSA §12954, sub-§6-A, ¶C, as enacted by PL 2013, c. 333, §9, is
amended to read:
C. A person who has lawfully killed or trapped and registered a bear may sell, without
a hide dealer's license, only the hide, head, teeth, claws not attached to the paws, fat
not attached to the meat and gallbladder of that animal.
Sec. 17. 12 MRSA §12954, sub-§6-A, ¶G, as enacted by PL 2013, c. 333, §9, is
amended to read:
G. A person may buy, without a hide dealer's license, for that person's own personal
use and not for resale, only the teeth, claws not attached to paws, fat not attached to the
meat, skull or head and hide of a bear; only the bones, feet and hide of a moose; the
skull or head of a deer or moose, excluding antlers; and all other parts of wild animals
and wild birds not prohibited from being bought, sold, offered for sale or bartered under
section 11217, subsections 1 and 3.
Sec. 18. 12 MRSA §12955, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and
affected by c. 614, §9, is amended to read:
2. Issuance. The commissioner may issue a special hide dealer's license to any person
who maintains a place of business for the butchering of wild animals within this State. The
special hide dealer's license permits a holder commercially to commercially sell or barter
the heads or untanned hides of deer or, moose or bear that are butchered in the license
holder's place of business.
Sec. 19. 12 MRSA §12955, sub-§3, as amended by PL 2005, c. 477, §24, is further
amended to read:
3. Expiration. All licenses issued under this section are valid for a period of one year
commencing August January 1st and ending December 31st of the year in which the license
is issued.
Sec. 20. 12 MRSA §13001, sub-§21, as enacted by PL 2003, c. 414, Pt. A, §2 and
affected by c. 614, §9, is amended to read:
21. Owner. "Owner" means:
A. For the purpose of registration of a snowmobile, a person holding title to a
snowmobile or having exclusive right to the use of a snowmobile for a period greater
than 30 days equitable interest in a snowmobile that entitles the person to possession
of the snowmobile;
B. With respect to For the purpose of registration of a watercraft, a person who claims
lawful possession of the holding title to a watercraft by virtue of legal title or having
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equitable interest therein in a watercraft that entitles the person to possession of the
watercraft; or
C. For the purposes of registration of an ATV, a person holding title to an ATV or
having equitable interest in an ATV that entitles the person to possession of the ATV.
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Statutes affected:
Bill Text LD 199, SP 88: 12.10652, 12.10902, 12.11103, 12.11217, 12.11857, 12.12159, 12.12303, 12.12304, 12.12954, 12.12955, 12.13001
Bill Text ACTPUB , Chapter 54: 12.10652, 12.10902, 12.11103, 12.11217, 12.11857, 12.12159, 12.12303, 12.12304, 12.12954, 12.12955, 12.13001