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USA Statutes : maine
Title : Title 07. AGRICULTURE AND ANIMALS
Chapter : Chapter 202-A. COMMERCIAL LARGE GAME SHOOTING AREAS (HEADING. PL 1999, c. 765, @3 (new))
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Title 7 - §1341. Definitions
Title 7: AGRICULTURE AND ANIMALS Part 3: LICENSING OF DEALERS; AUCTIONS Chapter 202-A: COMMERCIAL LARGE GAME SHOOTING AREAS (HEADING: PL 1999, c. 765, @3 (new)) §1341. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1999, c. 765, §3 (new).]
1. Commercial large game shooting area. "Commercial large game shooting area" means an enclosed area in which large game are kept and a fee is charged to pursue
and kill or pursue and attempt to kill large game.
[1999, c. 765, §3 (new).]
2. Domesticated bison. "Domesticated bison" means the genus and species Bison bison.
[1999, c. 765, §3 (new).]
3. Domesticated boar. "Domesticated boar" means a member of a species of Sus scrofa commonly known as the Eurasian boar or Wild Russian boar.
"Domesticated boar" does not include members or varieties of the family Suidae or the species Sus scrofa that are commonly
raised for commercial meat production.
[1999, c. 765, §3 (new).]
4. Domesticated deer.
[2003, c. 386, §7 (rp).]
4-A. Domesticated cervid. "Domesticated cervid" has the same meaning as "cervid" in section 1333, subsection 1, paragraph A.
[2005, c. 382, Pt. D, §2 (amd).]
5. Large game. "Large game" means domesticated cervids, domesticated boar and domesticated bison.
[2003, c. 386, §9 (amd).]
6. Parcel. "Parcel" means a contiguous tract of land. Land that is separated by a road that contains frontage along a common portion
of that road is considered a contiguous tract.
[1999, c. 765, §3 (new).]
7. Person. "Person" means an individual, partnership, corporation or other legal entity.
[1999, c. 765, §3 (new).]
8. Shooting zone. "Shooting zone" means an area within a parcel that is enclosed to contain one or more species of large game.
[1999, c. 765, §3 (new).]
Section History:
PL 1999,
Ch. 765,
§3
(NEW).
PL 2003,
Ch. 386,
§7-9
(AMD).
PL 2005,
Ch. 382,
§D2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1342. Commercial large game shooting area license
Title 7: AGRICULTURE AND ANIMALS Part 3: LICENSING OF DEALERS; AUCTIONS Chapter 202-A: COMMERCIAL LARGE GAME SHOOTING AREAS (HEADING: PL 1999, c. 765, @3 (new)) §1342. Commercial large game shooting area license
Beginning October 1, 2000, a person may not establish or operate a commercial large game shooting area unless that person
has a valid license issued in accordance with this section.
[1999, c. 765, §3 (new).]
div> The Commissioner may issue a license under this chapter only to a person who operated a commercial large game shooting area
during the period beginning October 1, 1999 and ending March 15, 2000 and only for large game offered for harvesting within
that area during that time period.
[1999, c. 765, §3 (new).]
1. Application. An applicant for a commercial large game shooting area license must submit an application on a form provided by the commissioner
along with the required license fee as provided under subsection 3. An application must be submitted for a specific parcel
of land, and the applicant must demonstrate in accordance with subsection 9 that the applicant has operated a commercial large
game shooting area on that parcel of land between October 1, 1999 and March 15, 2000. The application must include the name
and address of the person applying for the license and a map locating the proposed site in relation to known or easily identifiable
terrain features, such as a road junction or a stream and road junction. The map must be a copy of a 7.5 or 15 minute series
topographical map produced by the United States Geological Survey or a map of equivalent or superior detail in the location
of roads.
[1999, c. 765, §3 (new).]
2. Land and facility requirements. To qualify for a license under this section, an applicant must demonstrate that the shooting area meets the following.
A. Each shooting zone in which domesticated cervids are enclosed is a minimum of 50 acres.
[2003, c. 386, §10 (amd).]
B. Each shooting zone in which large game other than domesticated cervids are enclosed is a minimum of 200 acres.
[2003, c. 386, §10 (amd).]
C. The total area of land enclosed for operation as a commercial large game shooting area does not exceed 400 acres.
[1999, c. 765, §3 (new).]
D. A shooting zone is encompassed by fencing or other barriers sufficient to contain the species of large game contained in
that shooting area.
[1999, c. 765, §3 (new).]
E. The applicant owns or leases all of the land to be used as a commercial large game shooting area.
[1999, c. 765, §3 (new).]
[2003, c. 386, §10 (amd).]
3. Fees. The annual fee for a commercial large game shooting area is $1,000, except that the annual fee for a commercial large game
shooting area is $500 for an operation that is licensed to possess domesticated cervids under chapter 202 and harvests only
domesticated cervids raised on that farm. Except as provided in section 1346, all fees paid for a license issued under this
section must be deposited in the Animal Industry Fund established under section 1332.
[2003, c. 386, §10 (amd).]
4. Issuance of license. Upon receipt of a complete application and the license fee, the commissioner shall issue an annual license after determination
that the land and facility requirements are met. The commissioner may require inspection of an operation prior to issuing
a license to determine compliance with this chapter and rules adopted pursuant to subsection 8. The commissioner may not
issue more than one license to a person. Upon issuing a license, the commissioner shall provide the licensee with transport
tags to identify an animal killed on the premises of that license holder at a cost of $25 for each tag. Except as provided
in section 1346, transport tag fees must be deposited in the Animal Industry Fund.
[1999, c. 765, §3 (new).]
5. Transfer of license. A person may transfer a license issued in accordance with this section. The license holder must notify the commissioner
30 days prior to a transfer informing the commissioner of the date of the transfer and the name, mailing address and telephone
number of the person receiving the transferred license.
[1999, c. 765, §3 (new).]
6. Restrictions. Large game may not be tethered in a shooting area and must be free to roam. A person may shoot or attempt to shoot large
game within a shooting area only when that person is in a tree stand or accompanied by the license holder or an employee of
the license holder. Shooting is limited to the time period from 12 hour before sunrise as defined in Title 12, section 10001
to 12 hour after sunset as defined in Title 12, section 10001. A person who kills or attempts to kill large game in a commercial
large game shooting area may use only the following weapons:
A. Firearms of any type permitted for hunting under Title 12, Part 13; and
[2003, c. 414, Pt. B, §12 (amd); c. 614, §9 (aff).]
B. Archery equipment of any type permitted for hunting under Title 12, Part 13.
[2003, c. 414, Pt. B, §12 (amd); c. 614, §9 (aff).]
[2003, c. 414, Pt. B, §12 (amd); c. 614, §9 (aff).]
7. Inspection. The commissioner or a veterinarian or other person employed by the State may enter at the direction of the commissioner,
at any reasonable time, a commercial large game shooting area to make examinations of or conduct tests on large game for the
existence of contagious or infectious diseases and to review records and make observations to determine compliance with this
chapter and rules adopted pursuant to subsection 8. When the commissioner requires or conducts tests on large game for the
existence of contagious or infectious diseases, the license holder is responsible for costs associated with the tests.
[1999, c. 765, §3 (new).]
8. Rulemaking. The commissioner shall adopt rules in accordance with Title 5, chapter 375 to implement the provisions of this chapter.
The initial rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter
II-A. Subsequent amendments to those rules are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.
[1999, c. 765, §3 (new).]
9. Verification of existing commercial large game shooting areas. Prior to issuing a license, the commissioner must verify that the applicant operated a commercial large game shooting area
during the period beginning October 1, 1999 and ending March 15, 2000. An applicant may demonstrate compliance with this
requirement:
A. By submitting a copy of a published advertisement describing the large game shooting experience offered. The copy must
include the name of the publication and the date of the issue in which the advertisement appeared;
[1999, c. 765, §3 (new).]
B. By submitting a dated receipt for services that includes the name and address of the person who paid for a large game shooting
experience and supporting financial records; or
[1999, c. 765, §3 (new).]
C. By submitting other acceptable verification as determined by the commissioner, including such information required by the
commissioner to establish the type of large game harvested or offered for harvesting in that shooting area between October
1, 1999 and March 15, 2000.
[1999, c. 765, §3 (new).]
[1999, c. 765, §3 (new).]
Section History:
PL 1999,
Ch. 765,
§3
(NEW).
PL 2003,
Ch. 386,
§10
(AMD).
PL 2003,
Ch. 414,
§B12
(AMD).
PL 2003,
Ch. 414,
§D7
(AFF).
PL 2003,
Ch. 614,
§9
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1343. Transport tags
Title 7: AGRICULTURE AND ANIMALS Part 3: LICENSING OF DEALERS; AUCTIONS Chapter 202-A: COMMERCIAL LARGE GAME SHOOTING AREAS (HEADING: PL 1999, c. 765, @3 (new)) §1343. Transport tags
The owner or operator of a commercial large game shooting area must provide a transport tag for each large game animal killed
in that area. A person transporting large game killed at a commercial large game shooting area must have a transport tag
secured to the body of the animal that clearly identifies the name and location of the commercial large game shooting area,
the species of the animal and the date of the death.
[1999, c. 765, §3 (new).]
Section History:
PL 1999,
Ch. 765,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1344. Violation; penalties
Title 7: AGRICULTURE AND ANIMALS Part 3: LICENSING OF DEALERS; AUCTIONS Chapter 202-A: COMMERCIAL LARGE GAME SHOOTING AREAS (HEADING: PL 1999, c. 765, @3 (new)) §1344. Violation; penalties
1. Operating commercial large game shooting area without license. A person who operates a commercial large game shooting area without a license issued under section 1342 is guilty of a Class
E crime.
[1999, c. 765, §3 (new).]
1-A. Remote-control hunting. A person who owns or operates a commercial large game shooting area that uses remote-control hunting in violation of section
1347 commits a Class E crime.
[2005, c. 81, §1 (new).]
2. Civil violations. Except for operating a commercial large game shooting area without a license or using remote-control hunting as provided
in subsections 1 and 1-A, a person who violates any provision of this chapter or any rule adopted pursuant to this chapter
commits a civil violation for which a forfeiture not to exceed $500 for a first violation and not to exceed $1,000 for a 2nd
violation may be adjudged.
[2005, c. 81, §1 (amd).]
3. Revocation of license. The commissioner may revoke a license issued under section 1342 for any violation of this chapter or rule adopted pursuant
to this chapter or any violation of chapter 739 or Title 17, chapter 42, subchapter 3.
[2005, c. 81, §1 (amd).]
Section History:
PL 1999,
Ch. 765,
§3
(NEW).
PL 2005,
Ch. 81,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1345. Applicability of other laws
Title 7: AGRICULTURE AND ANIMALS Part 3: LICENSING OF DEALERS; AUCTIONS Chapter 202-A: COMMERCIAL LARGE GAME SHOOTING AREAS (HEADING: PL 1999, c. 765, @3 (new)) §1345. Applicability of other laws
1. Cruelty to animals. This chapter does not exempt a person from the provisions of chapter 739 or Title 17, chapter 42, subchapter III.
[1999, c. 765, §3 (new).]
2. Control of disease. The commissioner shall apply and enforce the provisions of chapter 303 and chapter 305 and rules adopted in accordance with
those chapters with regard to large game as the commissioner determines necessary to control disease.
[1999, c. 765, §3 (new).]
Section History:
PL 1999,
Ch. 765,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1346. License fees deposited in General Fund
Title 7: AGRICULTURE AND ANIMALS Part 3: LICENSING OF DEALERS; AUCTIONS Chapter 202-A: COMMERCIAL LARGE GAME SHOOTING AREAS (HEADING: PL 1999, c. 765, @3 (new)) §1346. License fees deposited in General Fund
Notwithstanding section 1332, section 1333, subsection 3 and section 1342, subsections 3 and 4, the first $1,120 collected
each year under those sections for license fees for domesticated cervid farms and commercial large game shooting areas and
transport tag fees must be deposited in the General Fund.
[2003, c. 386, §11 (amd).]
Section History:
PL 1999,
Ch. 765,
§3
(NEW).
PL 2003,
Ch. 386,
§11
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1347. Remote-control hunting
Title 7: AGRICULTURE AND ANIMALS Part 3: LICENSING OF DEALERS; AUCTIONS Chapter 202-A: COMMERCIAL LARGE GAME SHOOTING AREAS (HEADING: PL 1999, c. 765, @3 (new)) §1347. Remote-control hunting
An owner or operator of a commercial large game shooting area may not use a website or a service or business via any other
means that permits a person to shoot or attempt to shoot any large game that is located in this State through the use of a
computer-controlled gun, shooting apparatus or any other remote-control device when the person using the website, service
or business is physically removed from the immediate vicinity of the large game animal.
[2005, c. 81, §2 (new).]
Section History:
PL 2005,
Ch. 81,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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