Printed on recycled paper 132nd MAINE LEGISLATURE FIRST REGULAR SESSION-2025 Legislative Document No. 95H.P. 60 House of Representatives, January 8, 2025 An Act to Amend and Simplify Certain Wildlife Laws Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204. Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative CLUCHEY of Bowdoinham. Page 1 - 132LR0248(01) 1 2 as amended by PL 2023, c. 239, §11, is 3 further amended to read: 4 D. For a resident 70 years of age or older. For a person who holds a valid senior 5 lifetime license under this section at any time during the calendar year that person turns 6 70 years of age, that lifetime license includes all hunting permits and licenses 7 authorized in this Part and may renew at no cost a guide license under section 12853. 8 A license holder under this paragraph who qualifies to hunt during the special expanded 9 archery season on deer under section 11153 and who meets the eligibility requirements 10 of section 11106 must have included in that person's license one antlerless deer permit 11 and one either-sex permit. A person who is 70 years of age or older may purchase a 12 senior lifetime license that entitles the holder to all the privileges described in this 13 paragraph for a one-time $8 fee. 14 as repealed and replaced by PL 2019, c. 638, 15 §1, is amended to read: 16 17 of another state may obtain upon application, at no cost, all hunting, trapping and fishing 18 licenses, including permits, stamps and other permission needed to hunt, trap and fish. A 19 license holder under this subsection who qualifies to hunt during the special expanded 20 archery season on deer under section 11153 and who meets the eligibility requirements of 21 section 11106 must have included in that person's license one antlerless deer permit and 22 one either-sex permit. The commissioner shall issue all fishing, trapping and hunting 23 licenses and permits applied for under this subsection if the commissioner determines the 24 applicant meets the requirements of this subsection and is not otherwise ineligible to hold 25 that permit or license. For the purposes of this subsection, "paraplegic" means a person who 26 has lost, or who has permanently lost the use of, both lower extremities. 27 A license issued to a resident paraplegic under this subsection remains valid for the life of 28 the license holder if the license holder continues to be a resident as that term is defined 29 under section 10001, subsection 53 and the license is not revoked or suspended. A 30 nonresident paraplegic may apply for and be qualified to be issued the complimentary 31 licenses and permits referred to in this subsection as long as the state where the person 32 resides provides a reciprocal privilege for resident paraplegics of this State. 33 as repealed and replaced by PL 2017, c. 475, 34 Pt. A, §19, is amended to read: 35 36 who is a resident of another state may obtain upon application, at no cost, all hunting, 37 trapping and fishing licenses, including permits, stamps and other permission needed to 38 hunt, trap and fish, and, upon meeting the qualifications as established in section 12853, 39 subsection 4, a guide license. A license holder under this subsection who qualifies to hunt 40 during the special expanded archery season on deer under section 11153 and who meets 41 the eligibility requirements of section 11106 must have included in that person's license 42 one antlerless deer permit and one either-sex permit. The commissioner shall issue all 43 fishing, trapping and hunting licenses and permits requested under this subsection if the 44 commissioner determines the applicant meets the requirements of this subsection and is not Page 2 - 132LR0248(01) 45 otherwise ineligible to hold that permit or license. For the purposes of this subsection, 46 "disabled veteran" means a person who: 3 B. Was honorably discharged from the Armed Forces of the United States or the 4 National Guard; and 5 C. Has a service-connected disability evaluated at 50% or more. 6 Each application must be accompanied by satisfactory evidence that the applicant meets 7 the requirements of this subsection. An applicant for a license or permit under this section 8 is subject to the provisions of this Part, including, but not limited to, a lottery or drawing 9 system for issuing a particular license or permit. A permit or license issued under this 10 subsection remains valid for the life of the permit or license holder, as long as the permit 11 or license holder continues to remain a resident of this State or another state and the permit 12 or license issued under this subsection is not revoked or suspended. For a nonresident to 13 be eligible under this subsection, that nonresident's state must have a reciprocal agreement 14 with this State. 15 as amended by PL 2023, c. 646, Pt. A, §15, is 16 further amended to read: 17 18 commissioner shall issue a hunting, trapping and fishing license, including an archery 19 hunting license under this chapter, and including all permits, stamps and other permission 20 needed to hunt, trap and fish, to a person who is an enrolled member of the Passamaquoddy 21 Tribe, the Penobscot Nation, the Houlton Band of Maliseet Indians or the Mi'kmaq Nation 22 that is valid for the life of that person without any charge or fee pursuant to section 11109, 23 if the person presents certification from the appropriate reservation chief or governor or the 24 Mi'kmaq Nation Tribal Council stating that the person described is an enrolled member of 25 a federally recognized Indian nation, band or tribe listed in this subsection. Holders of 26 these licenses are subject to this Part, including, but not limited to, a lottery or drawing 27 system for issuing a particular license or permit. Members of a federally recognized Indian 28 nation, band or tribe listed in this subsection are exempt from the trapper education program 29 required for a license under section 12201, the bear trapping education course required by 30 section subsection 4 and the archery hunter education course under section 31 11106. A license holder under this subsection who qualifies to hunt during the special 32 expanded archery season on deer under section 11153 and who meets the eligibility 33 requirements of section 11106 must have included in that person's license one antlerless 34 deer permit and one either-sex permit. 35 as amended by PL 2023, c. 431, §2 and 36 affected by §23, is further amended to read: 37 A. A resident junior hunting license, for a person under 16 years of age, is $8 and 38 permits hunting of all legal species, subject to the permit requirements in subchapter 3. 39 Notwithstanding the permit fees established in subchapter 3, a resident junior hunting 40 license includes all permits, stamps and other permissions needed to hunt at no 41 additional cost. A license holder under this paragraph who qualifies to hunt during the 42 special expanded archery season on deer under section 11153 and who meets the 43 eligibility requirements of section 11106 must have included in that person's license 44 one antlerless deer permit and one either-sex permit. A resident junior hunting license 45 does not exempt the holder of the license from lottery-related application requirements 1 2 Page 3 - 132LR0248(01) 46 under this Part. A resident under 16 years of age who hunts without a resident junior 47 hunting license commits a civil violation. 3 as amended by PL 2023, c. 431, §3 and 4 affected by §23, is further amended to read: 5 F. A nonresident junior hunting license, for a person under 16 years of age, is $35 and 6 permits hunting of all legal species, subject to the permit requirements in subchapter 3. 7 Notwithstanding the permit fees established in subchapter 3, a nonresident junior 8 hunting license includes all permits, stamps and other permissions needed to hunt at no 9 additional cost. A license holder under this paragraph who qualifies to hunt during the 10 special expanded archery season on deer under section 11153 and who meets the 11 eligibility requirements of section 11106 must have included in that person's license 12 one antlerless deer permit and one either-sex permit. A nonresident junior hunting 13 license does not exempt the holder of the license from lottery-related application 14 requirements under this Part. A nonresident under 16 years of age who hunts without 15 a nonresident junior hunting license commits a civil violation. 16 as amended by PL 2023, c. 49, §1 and 17 affected by §3, is further amended to read: 18 C. Three antlerless deer and one deer of either sex during the special expanded archery 19 season in accordance with section 11402, subsection 4 rules adopted pursuant to 20 section 11401. 21 as amended by PL 2015, c. 281, Pt. C, §5, is further 22 amended by amending the section headnote to read: 23 Expanded archery season deer permits; fees 24 as amended by PL 2015, c. 281, Pt. C, §5, is 25 further amended to read: 26 Expanded archery season deer hunting permits; authority to 27 ; fees. The commissioner may implement a permit system to 28 regulate hunter participation in a special season the expanded archery season established 29 by the commissioner pursuant to section 11402, subsection 4, paragraph B 11401, 30 subsection 2, paragraph B and the number, sex and age of deer harvested. A person may 31 hunt or possess a deer of either sex during a special season the expanded archery season on 32 deer if that person has a valid permit issued by the commissioner. If permits are issued, the 33 fee for an either-sex permit is $32 and the fee for an antlerless deer permit is $12. 34 as enacted by PL 2003, c. 414, Pt. A, §2 and 35 affected by c. 614, §9, is amended to read: 36 37 not hunt deer during a special season the expanded archery season established under this 38 section unless that person has a valid permit issued pursuant to this section. 39 as amended by PL 2009, c. 134, §1, is 40 further amended to read: 41 A. Except as otherwise provided in this subsection and sections 10952, 11152, 11153, 42 11403 and 11404 or by rule adopted by the commissioner pursuant to section 11402, 1 2 Page 4 - 132LR0248(01) 43 subsection 4 subsection 2, there is an open season for deer in each calendar year in all 44 counties of the State between September 15th and December 20th annually. In a year 45 that the regular season extends beyond November 30th, the regular season must start 46 no later than the 4th Monday preceding Thanksgiving. 5 is enacted to read: 6 The commissioner by rule may: 7 A. Open any of the areas closed to deer hunting listed in rule, as long as the legislative 8 body of each affected town approves the opening. For purposes of this subsection, 9 "affected town" means a town, township or municipality that contains within its borders 10 any area proposed to be opened pursuant to this paragraph; 11 B. Create special hunting seasons or expanded archery seasons for the taking of deer 12 in any part of the State to maintain deer populations in balance with available habitat, 13 subject to the provisions of this paragraph. 14 (1) The demarcation of each area must follow recognizable physical boundaries, 15 such as rivers, roads and railroad rights-of-way. 16 (2) The commissioner may establish limits on the number of deer taken or 17 possessed by persons during a special season or expanded archery season. Limits 18 established by the commissioner under this subparagraph are exceptions to the 19 limits imposed under section 11501. 20 (3) The commissioner may specify types of weapons and hunting methods to be 21 used during a special season or expanded archery season. 22 (4) The commissioner may specify fees for permits issued during a special season, 23 as long as they do not exceed the fees established in section 11153; and 24 C. Establish a 2-day youth deer hunting period, to be held on the Friday and Saturday 25 preceding the Saturday designated as an open day for residents of the State pursuant to 26 section 11401. 27 Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 28 chapter 375, subchapter 2‑A. 29 as amended by PL 2023, c. 593, §2, is repealed. 30 as amended by PL 2015, c. 301, §40, is further amended 31 to read: 32 33 threatened and endangered species. The 34 commissioner may establish such programs as are necessary to bring any endangered or 35 threatened species to the point where it is no longer endangered or threatened, including: 36 A. Acquisition of land or aquatic habitat or interests in land or aquatic habitat; 37 B. Propagation; 38 C. Live trapping; 39 D. Transplantation. Prior to the transplantation, introduction or reintroduction of an 40 endangered or threatened species in the State, the commissioner shall, in conjunction 1 2 3 4 Page 5 - 132LR0248(01) 41 with the Department of Marine Resources, when appropriate, develop a recovery plan 42 for that species, conduct a public hearing on that recovery plan pursuant to Title 5, Part 43 18 and submit that plan to the joint standing committee of the Legislature having 44 jurisdiction over inland fisheries and wildlife matters. The introduction or 45 reintroduction of that species must be conducted in accordance with the recovery plan 46 developed under this paragraph and may not begin sooner than 90 days after all 47 conditions of this paragraph have been met; and 8 E. In the extraordinary case where population pressures within a given group 9 ecosystem can not for a given species cannot be otherwise relieved, regulated taking. 10 11 the commissioner may by rule identify areas currently or historically providing physical or 12 biological features essential to the conservation of the species and that may require special 13 management considerations. Rules adopted pursuant to this subsection are routine 14 technical rules as defined in Title 5, chapter 375, subchapter 2‑A. 15 16 protection of species designated as endangered or threatened under this subchapter. Rules 17 adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 18 375, subchapter 2‑A. 19 20 threatened or endangered species or species of special concern is confidential and not a 21 public record under Title 1, chapter 13 if, in the judgment of the commissioner, disclosure 22 of that information would threaten the continued existence of the threatened or endangered 23 species or species of special concern. If the commissioner determines that information is 24 confidential under this subsection, the commissioner may not disclose the information 25 except to the landowner whose property is the location of the threatened or endangered 26 species or species of special concern. 27 28 This bill repeals certain provisions of law related to special regulations regarding deer 29 hunting season that are now redundant due to that language being placed in Department of 30 Inland Fisheries and Wildlife rule. This bill also reorganizes certain laws regarding 31 rulemaking related to open and closed seasons for deer hunting and clarifies the distinctions 32 between the expanded archery season and a special hunting season and corrects cross- 33 references. 34 It also creates a Freedom of Access Act public records exemption by making location 35 data regarding species of special concern confidential in statute, just as location data 36 regarding threatened and endangered species are. 1 2 3 4 5 6 7 28 29 30 31 32 33