Maine Statute | Act | Code |Title 12. Conservation| US Code - US Statute | Chapter 903. Department Of Inland Fisheries And Wildlife (heading. Pl 2003, C. 414, Pt. A, @2 (new); Pt. D, @7 (aff); C. 614, @9 (aff))

USA Statutes : maine
Title : Title 12. CONSERVATION
Chapter : Chapter 903. DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING. PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

Title 12 - §10051. Department established

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: DEPARTMENT ESTABLISHED (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10051. Department established

The Department of Inland Fisheries and Wildlife is established to preserve, protect and enhance the inland fisheries and wildlife resources of the State; to encourage the wise use of these resources; to ensure coordinated planning for the future use and preservation of these resources; and to provide for effective management of these resources. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).] div>
The department consists of the Commissioner of Inland Fisheries and Wildlife, a deputy commissioner, the Bureau of Administrative Services, the Bureau of Resource Management and the Bureau of Warden Service. The department also includes the Advisory Board for the Licensing of Guides, the Junior Maine Guides and Trip Leaders' Curriculum Board and whatever state agencies that are designated. The department is under the control and supervision of the commissioner. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10052. Bureau of Administrative Services

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: DEPARTMENT ESTABLISHED (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10052. Bureau of Administrative Services

The Bureau of Administrative Services is established within the Department of Inland Fisheries and Wildlife. The bureau is equal in organizational level and status with other major organizational units within the department or its successors. The bureau is administered by a director who is immediately responsible to the deputy commissioner. The director possesses full authority and responsibility for administering all the powers and duties of the bureau, subject to the direction of the commissioner and except as otherwise provided by statute. The responsibilities of the bureau include, but are not limited to: [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Financial accounting. The financial accounting of all department revenues and expenditures, including long-range financial planning and the preparation of annual and biennial budgets; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Personnel activities. The administration of all personnel activities; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Licensing and registration. The administration and issuance of department licenses, stamps and permits and the registration of snowmobiles, watercraft and all-terrain vehicles; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Engineering. The design, maintenance and repair of department-owned facilities, including the preparation of a capital improvement plan to be printed in the budget document; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Land acquisition. The acquisition and development of land for the protection, preservation and enhancement of inland fisheries and wildlife resources; and [2003, c. 614, §9 (aff); c. 655, Pt. B, §13 (amd); §422 (aff).]

6. Equipment inventory. The maintenance of a current inventory of all department-owned or department-managed property. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10053. Bureau of Resource Management

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: DEPARTMENT ESTABLISHED (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10053. Bureau of Resource Management

The Bureau of Resource Management is established within the Department of Inland Fisheries and Wildlife. The bureau is equal in organizational level and status with other major organizational units within the department or its successors. The bureau is administered by a director who is immediately responsible to the deputy commissioner. The director possesses full authority and responsibility for administering all the powers and duties of the bureau, subject to the direction of the commissioner and except as otherwise provided by statute. The responsibilities of the bureau include, but are not limited to: [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Wildlife management. The management of the wildlife resources in the State for their preservation, protection, enhancement and use; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Fisheries management. The management of the inland fisheries resources in the public waters of the State for their preservation, protection, enhancement and use; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Propagation of fish. The propagation of fish for the effective management of inland fisheries resources in public waters of the State; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Habitat management. The management of habitat for the protection, preservation, enhancement and use of inland fisheries and wildlife resources; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Wildlife sanctuaries; wildlife management areas. The management of wildlife sanctuaries and wildlife management areas for the State as designated in chapter 925; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Data collection. The collection of data for the effective management of inland fisheries and wildlife resources; [2003, c. 614, §9 (aff); c. 655, Pt. B, §14 (amd); §422 (aff).]

7. Research. Research activities for the effective management of inland fisheries and wildlife resources; [2003, c. 614, §9 (aff); c. 655, Pt. B, §14 (amd); §422 (aff).]

8. Animal damage control. The coordination of animal damage control functions throughout the State, including supplemental assistance for the control of coyotes and other nuisance wildlife that exceeds normal funding and staffing levels within the department; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

9. Rules. The development of rules governing the effective management of the inland fisheries and wildlife resources of the State. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10054. Bureau of Warden Service

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: DEPARTMENT ESTABLISHED (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10054. Bureau of Warden Service

The Bureau of Warden Service is established within the Department of Inland Fisheries and Wildlife. It is equal in organizational level and status with other major organizational units within the department or its successors. The bureau is administered by a director who is immediately responsible to the deputy commissioner. The director is the Game Warden Colonel and is employed pursuant to section 10103, subsection 3 and Title 5, chapter 59, which are applicable to this position. The director possesses full authority and responsibility for administering all the powers and duties of the bureau, subject to the direction of the commissioner and except as otherwise provided by statute. The responsibilities of the bureau include, but are not limited to: [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. General enforcement. Enforcement of laws or rules as designated by this Part, or as specified; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Wildlife and fisheries enforcement. Enforcement of laws and department rules pertaining to the management and protection of inland fisheries and wildlife resources as further designated by section 10353; [2003, c. 614, §9 (aff); c. 655, Pt. B, §15 (amd); §422 (aff).]

3. Snowmobile, watercraft and all-terrain vehicle enforcement. Enforcement of laws and department rules pertaining to the registration and operation of snowmobiles, watercraft and all-terrain vehicles; [2003, c. 614, §9 (aff); c. 655, Pt. B, §15 (amd); §422 (aff).]

4. Search and rescue. The coordination and implementation of all search and rescue operations as specified under section 10105, subsection 4; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Safety. Assistance with programs for hunter safety and for the safe operation of snowmobiles, watercraft and all-terrain vehicles; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Data collection. The collection of data as needed for the management and protection of the inland fisheries and wildlife resources; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

7. Other. Such responsibilities as specified in state law. [2003, c. 614, §9 (aff); c. 655, Pt. B, §16 (amd); §422 (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 12 - §10055. Division of Planning

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: DEPARTMENT ESTABLISHED (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10055. Division of Planning

The Division of Planning is established within the Department of Inland Fisheries and Wildlife and is responsible for developing both short-term and long-term plans for the preservation, protection, enhancement and use of inland fisheries and wildlife resources. The division shall undertake activities as directed. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10056. Division of Public Information and Education

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 1: DEPARTMENT ESTABLISHED (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10056. Division of Public Information and Education

The Division of Public Information and Education is established within the Department of Inland Fisheries and Wildlife and is responsible for the administration of programs to increase the public's knowledge and understanding of inland fisheries and wildlife resources and the management of these resources, including the administration of education programs for hunter safety and for the safe operation of snowmobiles, watercraft and all-terrain vehicles. The division's responsibilities include public education, promotion of inland fisheries and wildlife resources and the dissemination of information. [2003, c. 614, §9 (aff); c. 655, Pt. B, §17 (amd); §422 (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 12 - §10101. Appointment

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: COMMISSIONER: POWERS AND DUTIES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10101. Appointment

The commissioner is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and to confirmation by the Legislature. The commissioner serves at the pleasure of the Governor. Any candidate for the office of commissioner must have a record of demonstrated support for, and an understanding of, the basics of modern wildlife and fisheries management and have experience in hunting, fishing or trapping. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10102. Office

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: COMMISSIONER: POWERS AND DUTIES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10102. Office

1. Facilities. The commissioner is entitled to have an office at the seat of government and adequate facilities for the transaction of the business of the department. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Traveling expenses. The commissioner is entitled to receive all necessary traveling expenses. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10103. Duties

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: COMMISSIONER: POWERS AND DUTIES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10103. Duties

In addition to other duties set out in this Part, the commissioner has the following duties. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Appointment of deputy. The commissioner shall appoint, to serve at the commissioner's pleasure, the Deputy Commissioner of Inland Fisheries and Wildlife, who must be qualified by training and experience in fisheries and wildlife management or conservation law enforcement. Under the commissioner's direction, the deputy commissioner assists in the administration of the department. The deputy commissioner serves as the commissioner if the commissioner is disabled or absent or if the office of the commissioner becomes vacant. The commissioner may appoint an appropriate administrative officer in the department to perform the functions of the commissioner if both the commissioner and deputy commissioner are disabled or absent. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Administration and enforcement. Except as provided by statute, the commissioner has general supervision of the administration and enforcement of the inland fisheries and wildlife laws and has the responsibility for the management of all inland fish and wildlife in the State. The commissioner has responsibility for investigations carried out on behalf of the State in matters related to the status and needs of any inland fisheries and wildlife species and is the representative of the State in providing information associated with the status and needs of these natural resources to municipalities, political subdivisions of the State and the Federal Government. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Employment of personnel. The commissioner shall employ, subject to the Civil Service Law, such employees as are necessary to carry out the duties of the department, except that persons in the following positions are appointed by and serve at the pleasure of the commissioner: deputy commissioner; Game Warden Colonel; and Assistant to the Commissioner for Public Information. The Game Warden Colonel is appointed from among the game wardens of the department. In the event that the Game Warden Colonel is not reappointed, the Game Warden Colonel has the right to be restored to the classified position from which the Game Warden Colonel was promoted or to a position equivalent in salary grade in an agency, without impairment of personnel status or the loss of seniority, retirement or other rights to which uninterrupted service in the classified position would have entitled the Game Warden Colonel. If service in that unclassified supervisory position is terminated for cause, the right to be restored to that position must be determined by the State Civil Service Appeals Board. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Report to Governor. The commissioner shall make a report to the Governor on or before the 31st day of December of each year for the year ending the previous June 30th. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Code of operating procedure of warden service. The commissioner shall prepare a written code covering the operating procedure of the warden service that is consistent with the Civil Service Law and contractual agreements. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Administration of department. The commissioner shall adopt written policies establishing procedures to control the use of department equipment and vehicles. The commissioner shall review and control all administrative expenses, including reimbursement of moving expenses. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

7. Copies of laws for town clerks or agents. The commissioner shall keep on hand at all times sufficient copies of abstracts of the inland fisheries and wildlife laws to furnish to all town clerks or agents authorized to issue licenses, so that they have copies available to issue with every license. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

8. Biennial revision of fish and wildlife laws. As soon as practicable after the adjournment of the Legislature, the Revisor of Statutes, with the assistance of the commissioner, shall issue a revision of all the public laws relating to inland fisheries and wildlife. The revision must be printed in a pamphlet of the same size pages as the Maine Revised Statutes Annotated, and its printing and distribution must be the same as that of the biennial laws, except that the commissioner may issue as many extra copies of this Part as necessary in a pamphlet of whatever size seems best to inform the people about the fish and wildlife laws. Fees may be established to offset the cost of printing extra copies of this Part as provided in this subsection. [2003, c. 614, §9 (aff); c. 655, Pt. B, §18 (amd); §422 (aff).]

9. Availability of financial statement. The commissioner shall make the annual financial statement for the department available for public inspection within 180 days after the close of the fiscal year that is the subject of the report. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

10. Water level danger zones. The commissioner may establish, in accordance with section 10104, subsection 1, water level danger zones. These zones are areas of rivers and streams below water impoundment that are subject to rapidly changing water levels. The commissioner may adopt rules to protect individuals using those areas for hunting, fishing, trapping and boating purposes. The commissioner may not regulate the flow of water under this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 614, §9 (aff); c. 655, Pt. B, §19 (amd); §422 (aff).]

11. Report to Legislature. The commissioner shall submit an annual report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters. This report must identify all specific extended responsibility services provided by the department to individuals who do not pay a particular fee to the department for the provision of that service, including all search and rescue activities conducted by the department. This report must include an estimate of the total cost of providing the identified extended responsibility services. The report must be submitted on or before January 1st of each year. Upon receipt of the report, the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters shall give separate consideration to funding the department's estimated cost of providing the identified extended responsibility services. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

12. Criminal history record information. The commissioner shall collect and maintain criminal history record information pertinent to violations of this Part. The commissioner may collect and maintain other records and information pertinent to other functions of the department, including the enforcement of civil violations. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10104. Rule-making power

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: COMMISSIONER: POWERS AND DUTIES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10104. Rule-making power

In addition to other powers granted in this Part, the commissioner has the following powers. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Rules. The commissioner may, with the advice and consent of the advisory council and in conformity with Title 5, Part 18, and except as otherwise provided, adopt, amend and repeal reasonable rules, including emergency rules, necessary for the proper administration, implementation, enforcement and interpretation of any provision of law that the commissioner is charged with the duty of administering. These rules duly adopted have the full force and effect of law and are effective upon filing with the Secretary of State, unless a later date is required by statute or specified in the rule. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Filing of rules. The commissioner may file certified copies of all rules adopted by the commissioner and any and all amendments to the rules with the clerks of the District Court and Superior Court. These certified copies are considered official publications of the State for all purposes, including, but not limited to, the Maine Rules of Civil Procedure, Rule 44(a)(1) and the Maine Rules of Evidence, Rule 902 (5), and judicial notice must be taken accordingly. A facsimile of the signature of the commissioner imprinted by or at the commissioner's discretion upon any such certificate of true copy has the same validity as the commissioner's written signature. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10105. Other powers

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: COMMISSIONER: POWERS AND DUTIES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10105. Other powers

1. Authorize taking or destruction of wildlife. Whenever the commissioner determines it necessary for the accomplishment of the commissioner's statutory duties, the commissioner may authorize a person to assist the commissioner in the taking and destruction of any wildlife. The commissioner may place conditions or restrictions on any authorization granted under this subsection. A person who violates a condition or restriction placed on an authorization granted under this subsection invalidates that authorization and subjects that person to applicable laws under this Part. [2003, c. 614, §9 (aff); c. 655, Pt. B, §20 (amd); §422 (aff).]

2. Commissioner's authority to terminate coyote season. The commissioner may terminate open season on coyote night hunting at any time in any area if, in the commissioner's opinion, an immediate emergency action is necessary due to adverse weather conditions or unlawful hunting activity. [2003, c. 614, §9 (aff); c. 655, Pt. B, §20 (amd); §422 (aff).]

3. Coyote control program. [2003, c. 614, §9 (aff); c. 655, Pt. B, §21 (rp); §422 (aff).]

4. Search and rescue. Whenever the commissioner receives notification that any person has gone into the woodlands or onto the inland waters of the State on a hunting, fishing or other trip and has become lost, stranded or drowned, the commissioner shall exercise the authority to take reasonable steps to ensure the safe and timely recovery of that person, except in cases involving downed or lost aircraft covered by Title 6, section 303.

A. The commissioner may summon any person in the State to assist in search and rescue attempts. Each person summoned must be paid at a rate set by the commissioner with the approval of the Governor and must be provided with subsistence while engaged in these activities. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The commissioner may enter into written agreements with other agencies or corporations, including commercial recreational areas, allowing partial search and rescue responsibility within specified areas. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. The commissioner may terminate a search and rescue operation by members of the department when, in the commissioner's opinion, all reasonable efforts have been exhausted. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. The commissioner may recover all costs directly related to a specific search and rescue operation:

(1) From the person for whom the search and rescue operation was conducted; or

(2) If a person knowingly provided false information that led to a search and rescue operation, from the person who provided that false information.
[2003, c. 614, §9 (aff); c. 655, Pt. B, §22 (amd); §422 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §22 (amd); §422 (aff).]

5. Boundary waters with New Hampshire and Canada. The commissioner may prescribe bag limits, size limits, open or closed seasons and methods of taking fish from the inland boundary waters between the states of Maine and New Hampshire and provinces of Canada. These rules must be mutually agreed upon by the commissioners of Maine and New Hampshire and the fishery authorities of Canada and approved by the Inland Fisheries and Wildlife Advisory Council. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Establishing line of demarcation. The commissioner, through an agent designated by the commissioner, may establish a line of demarcation between a lake or pond and its outlet or tributaries in areas where the commissioner determines it necessary. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

7. Sale or destruction of confiscated property. The commissioner may sell all property held or confiscated by the State for violation of laws relating to the protection of inland fisheries and wildlife that has been forfeited to the State pursuant to sections 10502 and 10503. A confiscated or forfeited handgun that was confiscated or forfeited because it was used to commit a homicide must be destroyed by the State, unless the handgun was stolen and the rightful owner was not the person who committed the homicide, in which case the handgun must be returned to the owner if ascertainable. For purposes of this subsection, "handgun" means a firearm, including a pistol or revolver, designed to be fired by use of a single hand. The commissioner shall transmit all money received from sales under this subsection to the Treasurer of State to be credited to the department. [RR 2003, c. 2, §18 (cor).]

8. Employee discipline. The commissioner may dismiss, suspend or otherwise discipline any department employee for cause. This right is subject to the right of appeal and arbitration of grievances as set forth in Title 5. [2003, c. 614, §9 (aff); c. 655, Pt. B, §23 (amd); §422 (aff).]

9. Possession and disposal of fish and wildlife. The commissioner may take possession of sick, injured or dead fish and wildlife that is not the property of another person. For any fish and wildlife possessed by the commissioner under this subsection, the commissioner may:

A. For sick or injured fish or wildlife, destroy that fish or wildlife when necessary in a manner consistent with the provisions of Title 17, section 1043; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. For dead fish or wildlife, dispose of that fish or wildlife in any manner considered appropriate by the commissioner. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

This subsection does not apply to fish or wildlife seized by the commissioner under section 10502. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

10. Taking and importing wildlife. The commissioner may:

A. For scientific purposes, take fish and wildlife and import fish and wildlife into the State or authorize others to do so; and [2003, c. 655, Pt. B, §24 (new); §422 (aff).]

B. Take or import wild animals or wild birds of any kind, dead or alive, for the purpose of inspection, cultivation, propagation or distribution or for scientific or other purposes considered by the commissioner to be of interest to the game industry of this State. [2003, c. 655, Pt. B, §24 (new); §422 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §24 (rpr); §422 (aff).]

11. Take or import animals and birds. [2003, c. 614, §9 (aff); c. 655, Pt. B, §25 (rp); §422 (aff).]

12. Purchase or sale of wildlife for use as evidence. An agent of the commissioner may buy or sell wildlife for use as evidence in the prosecution of a violation of this Part. [2003, c. 614, §9 (aff); c. 655, Pt. B, §26 (amd); §422 (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 12 - §10106. Fish and wildlife restoration

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: COMMISSIONER: POWERS AND DUTIES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10106. Fish and wildlife restoration

1. Commissioner's authority. The State assents to the Federal Aid in Wildlife Restoration Act, Public Law, September 2, 1937, chapter 899, as amended, and the Federal Aid in Fish Restoration Act, Public Law, August 9, 1950, chapter 658, as amended. The commissioner is authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife and fish restoration projects, as defined in those Acts of Congress, in compliance with those Acts and with rules and regulations promulgated by the United States Secretaries of Agriculture and Interior under those Acts. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Control of distribution and conservation of hares and rabbits. The commissioner may at any time take and transport live hares or rabbits by purchasing them from local trappers whenever the commissioner determines it necessary for the proper distribution and conservation of hares and rabbits. [2003, c. 614, §9 (aff); c. 655, Pt. B, §27 (amd); §422 (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 12 - §10107. Deer wintering areas

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: COMMISSIONER: POWERS AND DUTIES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10107. Deer wintering areas

1. Identification of deer wintering areas. The commissioner shall, by rule, establish criteria for the identification of deer wintering areas in the State. The criteria must include:

A. Observation by department personnel; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Deer tracks; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Evidence of current or past browsing; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Deer pellet depositions; or [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

E. Bedding sites. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Notification. Whenever evidence indicates, according to criteria established by the commissioner, the existence of a deer wintering area in any municipality or plantation, the commissioner shall notify the officials of the municipality or plantation and the owner or owners of record of the property on which the area is located of the existence of the deer wintering area and shall provide information to those persons as to actions that may be taken to protect the deer in that area. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10108. Programs

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: COMMISSIONER: POWERS AND DUTIES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10108. Programs

1. Training in firearm safety. The commissioner shall establish a program for training individuals in the safe handling of firearms and for this purpose may cooperate with any public or private association or organization having as one of its objectives the promotion of safety in firearms handling. In establishing the program under this subsection, the commissioner shall:

A. Prescribe the qualifications of instructors. Each instructor authorized by the commissioner to conduct training under the program must be covered by liability insurance protecting that person from liability for damages during the time when instruction is being given. The cost of this insurance must be borne by the State and must be a charge against the funds credited to the department; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Prescribe the type and course of instruction and the time and place of examinations; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Issue a certificate of competency to individuals who successfully complete the examination. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Promotion of hunting, fishing and camping. The commissioner may implement a program designed to promote fisheries and wildlife resources and attract hunters and anglers to the State. As part of this program, the commissioner may reduce the price of certain types of licenses for specified periods of time to promote license sales for hunting and fishing in the State. This program may include coordination of activities between the public and private sectors and utilization of promotional missions, exhibits, brochures, technical assistance and expertise as necessary to develop and promote hunting, fishing and camping activities within the State. The commissioner shall coordinate this program with the activities of the Department of Economic and Community Development. Any purchases made as a result of that coordination must be by competitive bid. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Supersport certificate. A person may be designated as a supersport by obtaining a supersport certificate from the commissioner or the commissioner's agent for a fee of $20. [2003, c. 614, §9 (aff); c. 655, Pt. B, §28 (amd); §422 (aff).]

4. Landowner relations program. The commissioner shall develop and implement a program to improve landowner relations. The program must foster public use of private land for hunting and fishing; promote high standards of courtesy, respect and responsibility by hunters and anglers for private lands; and prevent abuse of private lands by hunters and anglers. The program must have the following 2 components:

A. A program that supports landowners, called the Support Landowners Program. Sixteen dollars of each $20 collected under subsection 3 is dedicated to the Support Landowners Program. The Support Landowners Program may:

(1) Offer a toll-free number for landowner concerns;

(2) From among existing staff, appoint a landowner relations coordinator at the Augusta office of the department and regional landowner relations coordinators at the regional offices. Regional landowner relations coordinators may be appointed only from the department's recreational safety coordinators and volunteers;

(3) Provide linkage with local conservation organizations, volunteer groups and advisory groups;

(4) Enhance enforcement of trespass, dumping and property damage violations;

(5) Provide educational materials and signs;

(6) Coordinate with other related landowner relations activities, including Landowner Recognition Day; and

(7) Encourage landowners who allow access to their property only with permission to conspicuously post signs on the property indicating the name and address of the owner or other person with authority to grant permission; and
[2003, c. 614, §9 (aff); c. 655, Pt. B, §29 (amd); §422 (aff).]

B. A program called the Sport Hunter Program. The Sport Hunter Program is established to combat disrespect and misconduct and to improve the hunter's image through landowner relations, coordination with hunter safety programs and conservation ethics. Four dollars of each $20 collected under subsection 3 is dedicated to the Sport Hunter Program. [2003, c. 614, §9 (aff); c. 655, Pt. B, §29 (amd); §422 (aff).]

The Support Landowners Program and the Sport Hunter Program must operate within the department. [2003, c. 614, §9 (aff); c. 655, Pt. B, §29 (amd); §422 (aff).]

5. "Hooked on Fishing Not on Drugs" program. The "Hooked on Fishing Not on Drugs" program is established in the department to encourage youth fishing activities in the State. The commissioner may accept money, goods or services donated to the department for the "Hooked on Fishing Not on Drugs" program. Money, goods and services accepted by the commissioner under this subsection may be used only for those program activities. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Archery hunting education program. The commissioner shall establish a program for training individuals in safe and responsible archery hunting skills and behavior. This program includes instruction in fisheries and wildlife laws, rights of landowners and hunters and appropriate principles of wildlife management. The commissioner may charge an enrollment fee of up to $10 per person to help defray the costs of this program. The commissioner may cooperate with any public or private association dedicated to responsible and safe archery hunting to establish this program. In establishing the program, the commissioner shall:

A. Prescribe the qualifications of instructors; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Provide liability insurance for each instructor authorized by the commissioner to conduct training under the program protecting that person from liability for damages during the time when instruction is being given. The cost of this insurance must be borne by the State and charged against funds credited to the department; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Prescribe the type and length of instruction and the time and place of examinations; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Issue a certificate of competency to individuals who successfully complete the examination. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6-A. Crossbow hunting education program. The commissioner shall establish a program for training individuals in safe and responsible crossbow hunting skills and behavior. This program may include instruction in fisheries and wildlife laws, rights of landowners and hunters and appropriate principles of wildlife management. The commissioner may charge an enrollment fee of up to $10 per person to help defray the costs of this program. The commissioner may cooperate with any public or private association dedicated to responsible and safe crossbow hunting to establish this program. In establishing the program, the commissioner shall:

A. Prescribe the qualifications of instructors; [2005, c. 419, §1 (new); §12 (aff).]

B. Provide liability insurance for each instructor authorized by the commissioner to conduct training under the program protecting that person from liability for damages during the time when instruction is being given. The cost of this insurance must be borne by the State and charged against funds credited to the department; [2005, c. 419, §1 (new); §12 (aff).]

C. Prescribe the type and length of instruction and the time and place of examinations; and [2005, c. 419, §1 (new); §12 (aff).]

D. Issue a certificate of competency to individuals who successfully complete the examination. [2005, c. 419, §1 (new); §12 (aff).]

[2005, c. 419, §1 (new); §12 (aff).]

7. Trapper education program established. The commissioner shall establish a program for training individuals in safe and responsible trapping skills and behavior. This program must include instruction in the applicable laws and rights and in the appropriate principles of wildlife management. The commissioner may charge an enrollment fee of up to $10 per person to help defray the costs of this program. For the purpose of establishing the program, the commissioner may cooperate with any public or private association having similar goals. In establishing the program, the commissioner shall:

A. Prescribe the qualifications of instructors; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Provide for insurance. Each instructor authorized by the commissioner to conduct training under the program must be covered by liability insurance protecting that person from liability for damages during the time when instruction is being given. The cost of this insurance must be borne by the State and must be a charge against the funds credited to the department; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Prescribe the type and length of instruction and the time and place of examinations; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Issue a certificate of competency to individuals who successfully complete the examination. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

8. Hunters for the Hungry Program. The Hunters for the Hungry Program, referred to in this subsection as the "program," is established to allow the department and persons who are lawfully in the possession of wild game meat to donate that wild game meat for distribution to needy persons through the food assistance programs of the Department of Agriculture, Food and Rural Resources.

A. The department shall develop and implement this program in cooperation with the Department of Agriculture, Food and Rural Resources. In developing the program, the department shall investigate, in cooperation with the Department of Agriculture, Food and Rural Resources, the costs and benefits of establishing a toll-free telephone line for facilitating the donation of meat. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The department may adopt rules to implement the program. If rules are determined necessary, the department shall develop those rules in cooperation with the Department of Agriculture, Food and Rural Resources. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Rules adopted under this subsection may include, but are not limited to:

(1) Procedures for donating wild game meat;

(2) Provisions for a quality control program;

(3) Procedures for distributing donated wild game meat through the food assistance programs administered by the Department of Agriculture, Food and Rural Resources;

(4) Methods for supporting private sporting groups throughout the State with program education and promotion efforts; and

(5) Limiting the distribution of wild game meat to certain types of facilities.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. A person who donates lawfully obtained wild game meat that is apparently fit for human consumption to the program and a charitable, nonprofit or other organization authorized by the department to receive and distribute meat donated under the program are immune from civil liability arising from injury or death due to the condition of the donated food, unless the injury or death is a direct result of the intentional misconduct of the donor or the organization. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

9. Pheasant program. The commissioner may enter into an agreement with a qualified rod and gun club or qualified hunting-oriented organization to allow the club or organization to purchase and raise pheasants. An agreement entered into pursuant to this subsection may provide for the use of department facilities for raising pheasants by a qualified rod and gun club or qualified hunting-oriented organization. For purposes of this subsection, "qualified rod and gun club or qualified hunting-oriented organization" means a rod and gun club or a hunting-oriented organization that has demonstrated involvement in raising and releasing pheasants in the year prior to entering into an agreement with the commissioner to purchase and raise pheasants. The following provisions must be observed.

A. The department is not authorized to purchase or raise pheasants. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. All pheasants purchased and raised under an agreement with the commissioner pursuant to this subsection must be released under the direction of department officials in areas open to hunting for the general public. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

10. Becoming an Outdoors Woman. The Becoming an Outdoors Woman program is established in the department to encourage women to participate in hunting, fishing and other outdoor activities within the State. The commissioner may sponsor Becoming an Outdoors Woman events, establish appropriate fees for participation and accept money, goods and services donated to the department for the Becoming an Outdoors Woman program. [2003, c. 655, Pt. B, §30 (new); §422 (aff).]

11. Coyote control program. Pursuant to section 10053, subsection 8, the commissioner shall maintain a coyote control program as follows.

A. The commissioner may employ qualified persons to serve as agents of the department for purposes of coyote control. These agents must be trained by the department in animal damage control techniques and must be utilized by the department to perform coyote control duties in areas where predation by coyotes is posing a threat to deer or other wildlife. Each agent shall execute a cooperative agreement with the department specifying the conditions and limitations of the agent's responsibilities as an agent, including any terms for reimbursement of expenses or payment of wages. [2003, c. 655, Pt. B, §30 (new); §422 (aff).]

B. An agent employed pursuant to paragraph A may use snares to control coyotes during winter months under the following conditions.

(1) An agent may use snares only for animal damage control purposes to help meet management goals established by the commissioner for deer, threatened or endangered species or other wildlife species or to benefit agricultural interests as described in paragraph C.

(2) An agent must be trained and certified by the department in the use of snares.

(3) An agent must be deployed by a department wildlife biologist before setting snares.

(4) An agent shall post access points to areas in which snaring activity is taking place, including, but not limited to, roads and trails for motorized vehicles, cross-country skiers or hikers or other obvious travel ways that may be used by people.

(5) An agent shall plainly label snares with the full name and address of that agent.

(6) An agent shall keep an accurate record of the number and location of snares set by that agent and must be able to account for those snares at all times.

(7) An agent shall check that agent's snares that are equipped with relaxing locks on a daily basis.

(8) A department employee may accompany an agent at any time an agent is checking snares.

(9) An agent shall report monthly to the department, on forms provided by the department, the coyotes and nontarget species taken by snaring during the reporting period.

The commissioner shall revoke the snaring certificate of an agent who violates any provision of this paragraph.
The commissioner shall adopt policies and procedures on the use of snares as necessary to minimize the potential for taking nontarget species and to adequately protect threatened and endangered species. [2003, c. 655, Pt. B, §30 (new); §422 (aff).]

C. An agent employed pursuant to paragraph A may be employed for the benefit of agricultural interests as long as the department is reimbursed annually for the cost of those efforts by the Department of Agriculture, Food and Rural Resources from funds specifically appropriated or otherwise made available to the Department of Agriculture, Food and Rural Resources for that purpose. [2003, c. 655, Pt. B, §30 (new); §422 (aff).]

[2003, c. 655, Pt. B, §30 (new); §422 (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 12 - §10109. Acquisition and disposal of land

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 2: COMMISSIONER: POWERS AND DUTIES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10109. Acquisition and disposal of land

1. Acquisition of land; wildlife management and public access. The commissioner may acquire property pursuant to this subsection for fish hatchery or fish feeding stations or wildlife management areas or public access sites.

A. The commissioner may acquire in the name of the State, by gift, bequest or otherwise, real and personal property for the location, construction and convenient operation of a fish hatchery or fish feeding station or a wildlife management area or public access sites to inland or coastal waters. When acquiring land or interest in land for a wildlife management area or for a public access site, the commissioner shall examine options for obtaining public vehicular access rights to the land. If an acquisition is made that does not include guaranteed public vehicular access, the commissioner shall describe the acquisition in the annual report submitted pursuant to section 10103, subsection 11 and the justification for that acquisition. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The commissioner may purchase, lease or take and hold, for and on behalf of the State as for public uses, land and all materials in and upon it or any rights necessary for the purpose of establishing, erecting and operating fish hatcheries or fish feeding stations or wildlife management areas or public access sites to inland or coastal waters. [2003, c. 614, §9 (aff); c. 655, Pt. B, §31 (amd); §422 (aff).]

C. When the commissioner finds that a public need requires the taking of any land or rights for the purposes set out in this subsection, the commissioner shall cause the land or rights to be surveyed, located and described so that the land or rights can be located. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. A plan of the land or rights must be filed and recorded in the registry of deeds where the land or rights are located. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

E. The filing of the plan and description vests the title to the land and right in the State or its grantees, to be held at the pleasure of the State. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §31 (amd); §422 (aff).]

2. Acquisition of land; state game farms. The commissioner may purchase suitable lands and erect buildings on those lands within this State necessary for the operation of state game farms for the propagation of wild animals and wild birds for restocking the woods and forests of the State. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Compensation to landowners. The owners of property taken under this section must be compensated for that taking.

A. The owners of property, either real or personal, taken by the commissioner under this section, are entitled to damages equal to the reasonable value of the property, as is provided when land is taken for highway purposes under Title 23, chapter 3. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. In the event of a disagreement over the value of property taken under this section, the reasonable value must be determined by the county commissioners of the county in which the land is situated, upon the written application of any interested party. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. If any party in interest is aggrieved by the decision of the county commissioners under paragraph B rendered in conformity with this section, an appeal may be made to the Superior Court of the county in the same manner as is provided when land is taken by the State for highway purposes. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Unneeded property. The Governor, on recommendation of the commissioner, may sell and convey on behalf of the State the interests of the State in property taken or acquired by purchase under this Part and determined no longer necessary for the purposes of this Part. The commissioner, with the approval of the Governor, may lease these same properties. The proceeds from these sales or leases must be credited to the funds of the department. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10151. Inland Fisheries and Wildlife Advisory Council

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10151. Inland Fisheries and Wildlife Advisory Council

1. Appointment. The Inland Fisheries and Wildlife Advisory Council, established by Title 5, section 12004-G, subsection 20 and referred to in this Part as the "advisory council," consists of 10 members representing the 16 counties of the State in the following manner: one member representing Androscoggin County, Kennebec County and Sagadahoc County; one member representing Aroostook County; one member representing Cumberland County; one member representing Franklin County and Oxford County; one member representing Hancock County; one member representing Knox County, Lincoln County and Waldo County; one member representing Penobscot County; one member representing Piscataquis County and Somerset County; one member representing Washington County; and one member representing York County. Members of the advisory council are appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and to confirmation by the Legislature. The commissioner is a nonvoting, ex officio member of the advisory council, but may vote to break a tie. An employee of the department may not serve as a member of the advisory council prior to the expiration of one year from that employee's last day of employment with the department. A Legislator may not serve as a member of the advisory council. A former Legislator who was a member of the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters may not serve as a member of the advisory council prior to the expiration of one year from that former Legislator's last day of membership on that committee. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Length of terms. Appointments are for a term of 3 years and until successors are appointed and qualified. A person may not serve more than 2 consecutive 3-year terms. On the death, resignation or removal from office of any person appointed to the advisory council, the Governor shall appoint a member to serve for the unexpired term. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Expenses. The members of the advisory council are entitled to compensation as provided in Title 5, chapter 379. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Duties. The advisory council shall perform the following duties.

A. The advisory council shall render to the commissioner information and advice concerning the administration of the department and carry out other duties specifically delegated by this Part. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The advisory council shall hold regular meetings with the commissioner or the commissioner's deputy in December and May of each year and may hold special meetings at such other times and places as are advisable. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Meetings. All regular and special meetings of the advisory council must be public meetings and must be held in a public meeting place convenient for the public. Public comment must be accepted at regular and special meetings of the advisory council. Comments may be restricted to subjects before the advisory council at the meeting and consistent with any applicable requirements and limitations of the Maine Administrative Procedure Act. Public notice of all regular and special advisory council meetings must be published in a daily newspaper of general circulation in the geographic area where the meeting is scheduled at least 7 days and not more than 21 days prior to the meeting. That notice must include an agenda or statement of purpose of the meeting. That notice may be combined with any other notice of the meeting required by law. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Officers. At the meeting held in May of each year, the advisory council may elect one member as chair and one member as vice-chair. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10152. Disabled hunter, trapper and angler advisory committee

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10152. Disabled hunter, trapper and angler advisory committee

The commissioner shall establish a disabled hunter, trapper and angler advisory committee, referred to in this section as the "advisory committee," composed of 4 disabled persons, a representative of state agencies that work on disability issues, representatives of 2 statewide organizations representing hunters, trappers or anglers and one interested person. The purpose of the advisory committee is to advise the commissioner on applications for a special permit under section 10853, subsection 11 and to provide recommendations to the commissioner on ways to promote and enhance access to hunting, fishing and trapping opportunities in this State for disabled persons. The commissioner shall meet with the advisory committee at least twice a year, once during the month of January, February or March and once during the month of July, August or September, to review applications for special permits to accommodate permanent physical disabilities provided for in section 10853, subsection 11 but may meet more often as the commissioner determines necessary. The commissioner may, within existing budgeted resources, reimburse advisory committee members for mileage or other expenses related to attending meetings of the advisory committee. [2003, c. 614, §9 (aff); c. 655, Pt. B, §32 (amd); §422 (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 12 - §10153. Advisory Board for the Licensing of Guides

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10153. Advisory Board for the Licensing of Guides

1. Members. The Advisory Board for the Licensing of Guides, established by Title 5, section 12004-I, subsection 23 and referred to in this section as "the board," consists of the following 8 members:

A. One subordinate officer of the department designated by the commissioner; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Two wardens of the department; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Four representatives of the public, with no more than 3 holding a license under chapter 927, to be appointed by the Governor for a term of 3 years to reflect a wide diversity of guiding experience. At least 2 members must be chosen for their expertise in outdoor recreation. The public members must be compensated as provided in Title 5, chapter 379; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. One marine patrol officer of the Department of Marine Resources. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Duties. The board has the following duties:

A. To provide advice and consent regarding rules proposed by the commissioner; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. At the request of the commissioner, to conduct oral examinations of applicants for guide licenses; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. To advise the commissioner on granting and revoking guide licenses; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. At the board's discretion, to designate examiners for the purpose of conducting oral examinations pursuant to section 12855, subsection 6. Examiners must be selected from active or retired members of the Bureau of Warden Service, current or former board members, active or retired members of the marine patrol or currently licensed Maine guides. Designated examiners are entitled to compensation under the same provisions as the board. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Quorum. Five members of the board constitute a quorum. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10154. Junior Maine Guides and Trip Leaders Curriculum Advisory Board

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10154. Junior Maine Guides and Trip Leaders Curriculum Advisory Board

1. Board established. The commissioner shall appoint a board of 5 members to be known as the "Junior Maine Guides and Trip Leaders Curriculum Advisory Board" and referred to in this section as "the board," as established by Title 5, section 12004-I, subsection 24. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Membership. The board consists of one member from the department, one member from the Department of Health and Human Services and 3 members of the public, one of whom must be a Maine camp director. Appointments to the board are for 3 years or until successors are appointed. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff); c. 689, Pt. B, §6 (rev).]

3. Duties. The board has the duty to advise the commissioner on the adoption of a trip leader safety course curriculum and on the adoption of rules for the administration of this section and sections 12859 and 12860. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Compensation. The public members are entitled to compensation as provided in Title 5, chapter 379. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10155. Advisory Board for the Licensing of Taxidermists

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10155. Advisory Board for the Licensing of Taxidermists

The Advisory Board for the Licensing of Taxidermists is established by Title 5, section 12004-I, subsection 23-A and referred to in this section as "the board." [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Membership. Members of the board must be residents of the State. The board consists of the following 5 members:

A. Two employees of the department, appointed by the commissioner; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Two licensed taxidermists with expertise in the art of taxidermy, appointed by the Governor; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. One member of the general public with no affiliation to the art of taxidermy, appointed by the Governor. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Term. The term of office for members of the board is 3 years, except that the terms must be staggered to the extent possible. Appointments for terms of less than 3 years may be made in order to stagger the terms. Upon expiration of a member's term, that member shall serve until a qualified successor is appointed. The successor's term is 3 years from the date of the expiration, regardless of the date of appointment. A vacancy in the office of a member is filled by the appointing authority for that position for the unexpired term. The department members may be removed by the commissioner for cause. All other members may be removed by the Governor for cause. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Staff assistance. The department shall provide staff assistance as necessary. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Duties. The board shall advise the commissioner regarding implementation of sections 10909, 12952, 12953 and this section and any related rules and shall assist in the development and conduct of examinations. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Quorum. Three members of the board constitute a quorum for the transaction of business. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Compensation. All members of the board except state employees are entitled to receive compensation as provided in Title 5, chapter 379. [2003, c. 614, §9 (aff); c. 655, Pt. B, §33 (amd); §422 (aff).]

7. Rules. The commissioner may adopt rules to implement the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 655, Pt. B, §34 (new); §422 (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 12 - §10156. Advisory Board for the Licensing of Whitewater Guides

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10156. Advisory Board for the Licensing of Whitewater Guides

1. Members. The Advisory Board for the Licensing of Whitewater Guides, referred to in this section as the "board" and established by Title 5, section 12004-I, subsection 23-B, consists of the following 10 members:

A. The commissioner or an employee of the department who is the commissioner's designee; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. One warden or retired warden of the department, appointed by the commissioner; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Eight persons representing the public who are licensed whitewater guides, appointed by the Governor for staggered terms of 3 years. In making appointments under this paragraph, the Governor shall ensure that those appointments establish and maintain a wide diversity of whitewater guide experience on the State's rapidly flowing rivers. A person who holds a commercial whitewater outfitter's license is ineligible for appointment to the board. At least 5 persons appointed under this paragraph must have expertise in whitewater rafting on both the Kennebec River and the West Branch of the Penobscot River, including the cribworks. [2003, c. 614, §9 (aff); c. 655, Pt. B, §35 (amd); §422 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §35 (amd); §422 (aff).]

2. Compensation. Members who are not employed by the department are entitled to compensation as provided in Title 5, chapter 379. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Duties. The board has the following duties:

A. To provide advice regarding rules proposed by the commissioner; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. At the request of the commissioner, to conduct an examination of applicants for the whitewater guide's license as provided in section 12909, except that oral examinations are conducted by 2 members; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. To advise the commissioner on granting and revoking whitewater guide's licenses. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Quorum. Five members of the board constitute a quorum. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10157. Landowners and Sportsmen Relations Advisory Board

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10157. Landowners and Sportsmen Relations Advisory Board

1. Appointment and composition. The Landowners and Sportsmen Relations Advisory Board, referred to in this chapter as "the advisory board" and established by Title 5, section 12004-I, subsection 49-C, consists of the following members:

A. Three ex officio members:

(1) The commissioner or the commissioner's designee;

(2) The Commissioner of Environmental Protection or the commissioner's designee; and

(3) The Commissioner of Conservation or the commissioner's designee;
[2003, c. 655, Pt. B, §36 (new); §422 (aff).]

B. Nine members, appointed by the Governor, representing landowners:

(1) One representative of a statewide small woodland owners association;

(2) One representative of corporate landowners;

(3) One representative of a statewide forest products organization;

(4) One representative of a statewide farmers organization;

(5) One representative of a statewide small forest industry organization;

(6) One representative of private landowners who is not affiliated with any of the organizations or associations in this subsection relating to farming, forestry or corporate ownership;

(7) One representative of a statewide tree farm organization;

(8) One representative of land trust organizations; and

(9) One representative of a utility corridor ownership interest;
[2003, c. 655, Pt. B, §36 (new); §422 (aff).]

C. Nine members, appointed by the Governor, representing land users:

(1) One representative of a statewide sportsmen's organization;

(2) One representative of a statewide trapping organization;

(3) One representative of a statewide snowmobile organization;

(4) One representative of a statewide all-terrain vehicle organization;

(5) One representative of a statewide turkey hunters organization;

(6) One representative of a statewide bowhunters organization;

(7) One representative of a northern Maine sportsmen's organization;

(8) One representative of a southern Maine sportsmen's organization; and

(9) One representative of a statewide environmental organization; and
[2003, c. 655, Pt. B, §36 (new); §422 (aff).]

D. No more than 2 nonvoting, ad hoc members, who may be appointed by the commissioner upon recommendation of the advisory board. These members must possess expertise or knowledge of the advisory board's purpose and duties and may not be affiliated with any organization or association listed in this subsection. [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

[2003, c. 655, Pt. B, §36 (new); §422 (aff).]

2. Terms. Members of the advisory board, including the ad hoc members, serve for 3 years, except that, initially, the first 3 landowner representative members appointed and the first 3 land user representative members appointed serve 3 years; the next 3 landowner representative members appointed and the next 3 land user representative members appointed serve 2 years; and the remaining landowner and land user representative members appointed serve for one year. When a vacancy occurs, the Governor shall fill the vacancy by appointing a member from the same category as the member who vacated the advisory board and that new member continues to serve for the remainder of the term. [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

3. Chair; election of board officers. The members of the advisory board shall annually elect one of its members as chair and one of its members as vice-chair. [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

4. Quorum. A majority of the advisory board members representing landowners and a majority of the advisory board members representing land users combined constitute a quorum. [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

5. Staffing of advisory board. The department shall provide administrative and staff support to the advisory board. [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

6. Meetings. The advisory board shall hold quarterly meetings each year. Additional meetings may be held as necessary to conduct the business of the advisory board. [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

7. Duties. The advisory board shall:

A. Propose changes to or advise the commissioner on landowner-related laws, rules, department policies and other significant landowner and land user issues; [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

B. Review landowner-related policies and procedures, conduct studies, evaluate programs and make recommendations to the commissioner; [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

C. Obtain public use of private and public land for recreational activities by assisting with conflict resolution as it pertains to public access issues on both private and public lands and promote greater understanding and cooperation between owners and users of these lands; [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

D. Review and make recommendations regarding programs administered by other agencies. The commissioner shall coordinate all reviews; and [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

E. Conduct an organizational review of the advisory board every 5 years. This review must be designed to provide the information necessary to ascertain whether the advisory board has the membership required by subsection 1 and the advisory board is fulfilling its duties. If the review indicates that the advisory board does not have the correct representational membership, a subcommittee of the members of the advisory board must be convened to recommend to the commissioner appropriate changes. At any time, the advisory board may recommend to the commissioner ways to improve the advisory board's membership or function, and the commissioner shall act upon those recommendations. [2003, c. 655, Pt. B, §36 (new); §422 (aff).]

[2003, c. 655, Pt. B, §36 (new); §422 (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 12 - §10203. Collection and disposition of money

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: FINANCES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10203. Collection and disposition of money

1. General. The following money must be paid to the Treasurer of State as undedicated revenue to the General Fund:

A. All fees, fines, penalties and officers' costs and all other money received, collected or recovered by the court or the department under any provisions of this Part except section 10206, subsections 1 and 3; section 10259; section 10353, subsection 3; section 11157; chapter 925, subchapter 3; and chapter 929; [2003, c. 614, §9 (aff); c. 655, Pt. B, §46 (amd); §422 (aff).]

B. Any fees, fines and penalties recovered by the court from any prosecution by wardens pursuant to their acting, under section 10353, subsection 3, with the same powers and duties as sheriffs; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Money received from sale, lease or rental of department-owned property. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 614, §9 (aff); c. 655, Pt. B, §46 (amd); §422 (aff).]

2. Counties not to pay unpaid officers' fees. Officers' fees taxed against a respondent, if any, under this Part that are not paid by or recovered from the respondent may not be assumed or paid by the county where the offense was committed. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. License and permit fees. License and permit fees must be collected and expended in accordance with section 10801. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Watercraft. Money relating to watercraft laws and rules must be collected and expended in accordance with section 10206, subsection 3. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Snowmobiles and trail-grooming equipment. Money relating to snowmobile and trail-grooming equipment laws and rules must be collected and expended in accordance with section 1893, subsection 3 and section 10206, subsection 2. [2005, c. 93, §1 (amd).]

6. Failure to pay fine or fee. A person who receives money for any fine, or part thereof, for a violation of this Part, or any fee for a license or permit issued under the authority of this Part, may not neglect for more than 30 days to pay the money over as provided in this section. A person who violates this subsection commits a Class E crime. [2003, c. 614, §9 (aff); c. 655, Pt. B, §46 (amd); §422 (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 12 - §10204. Administrative costs recovered; federal and dedicated money

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: FINANCES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10204. Administrative costs recovered; federal and dedicated money

The department is entitled to reimbursement for administrative costs associated with activities of the department performed in support of federal and other special revenue accounts from those accounts. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10205. Funding of new programs

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: FINANCES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10205. Funding of new programs

Any new program or service involving a mandated responsibility to the department must include provisions that specify that full funding for the new program or service is collected from those individuals who receive the service from the department. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10206. Disposition of specific revenues

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 4: FINANCES (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10206. Disposition of specific revenues

1. All-terrain vehicle revenues. Revenues received under the provisions of this Part relating to ATVs, including chapter 939, must be disbursed and used as follows.

A. After administrative costs, revenues received under the provisions of this Part relating to ATVs, including chapter 939, are credited as undedicated revenue to the General Fund except that 50% of those revenues is credited to the ATV Recreational Management Fund of the Department of Conservation. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this subsection. Those administrative costs must be verified by the Department of Conservation and the Department of Administrative and Financial Services. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. [2005, c. 397, Pt. E, §1 (rp).]

[2005, c. 397, Pt. E, §1 (amd).]

2. Snowmobile and trail-grooming equipment revenues. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this subsection. The department's administrative costs must be verified by the Department of Conservation and the Department of Administrative and Financial Services.

A. The snowmobile and trail-grooming equipment registration fee for residents collected under chapter 937 is credited as follows:

(1) Twenty-two percent is credited to the General Fund as undedicated revenue;

(2) Fifty-two percent is credited to the Snowmobile Trail Fund of the Department of Conservation, Bureau of Parks and Lands; and

(3) Twenty-six percent is annually distributed to the municipality of the owner's residence as shown on the owner's registration certificate, except that in unorganized territory, 26% is annually distributed to the county of the owner's residence as shown on the owner's registration certificate and credited to the unorganized territory fund of that county established in Title 30-A, section 7502.
[2005, c. 93, §2 (amd).]

B. The snowmobile registration fee for nonresidents collected under chapter 937 is credited as follows.

(1) Eighteen percent is credited to the General Fund as undedicated revenue.

(2) Seven percent is credited to the Snowmobile Enforcement Fund established under section 10258.

(3) The remainder is credited to the Snowmobile Trail Fund of the Department of Conservation, Bureau of Parks and Lands.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. [2003, c. 614, §9 (aff); c. 655, Pt. B, §48 (rp); §422 (aff).]

D. The annual fee for each snowmobile dealer number plate issued pursuant to section 13109 is credited as follows:

(1) Thirty percent is credited to the General Fund as undedicated revenue; and

(2) Seventy percent is credited to the Snowmobile Trail Fund of the Department of Conservation, Bureau of Parks and Lands.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

E. All money received under the provisions of this Part relating to snowmobiles, including chapter 937, other than that credited pursuant to paragraphs A to D, including snowmobile dealer license fees, is credited to the General Fund as undedicated revenue. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2005, c. 93, §2 (amd).]

3. Watercraft revenues. Except as provided in subsection 6, all revenues collected under the provisions of this Part relating to watercraft, including chapter 935, are disposed of as follows.

A. All fees collected for certificates, licenses and permits by the commissioner are paid daily to the Treasurer of State and accrue as undedicated revenue to the General Fund and as dedicated revenue to the Department of Marine Resources in accordance with paragraph C. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Each court shall pay all fines, forfeitures and penalties collected for violations of the provisions of this Part relating to watercraft, including chapter 935, and all officers' costs collected for either coastal wardens or game wardens to the Treasurer of State, monthly, and that money accrues as undedicated revenue to the General Fund, except that all fines, forfeitures and penalties collected as a result of the efforts of municipal law enforcement officers or harbor masters enforcing the provisions of this Part relating to watercraft, including chapter 935, in their respective jurisdictions are paid to that municipality for the local enforcement efforts. The department shall record as dedicated revenue to the Department of Marine Resources that portion of fines, forfeitures and penalties allocable to the Department of Marine Resources in accordance with paragraph C. [2003, c. 614, §9 (aff); c. 655, Pt. B, §49 (amd); §422 (aff).]

C. All revenues collected under the provisions of this Part relating to watercraft, including chapter 935, including fines, fees and other available money deposited with the Treasurer of State, must be distributed as undedicated revenue to the General Fund and the Department of Marine Resources according to an allocation rate that directly relates to the administrative costs of the Division of Licensing and Registration. Three dollars of each motorized watercraft registration is dedicated to the Department of Inland Fisheries and Wildlife and is not subject to the split with another agency as required under this paragraph. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this subsection. Those costs must be verified by the Department of Marine Resources and the Department of Administrative and Financial Services. The allocation rate must also allow for any necessary year-end reconciliation and accounting distribution. The allocation rate must be jointly agreed to by the department and the Department of Marine Resources and approved by the Department of Administrative and Financial Services, Bureau of the Budget. [2005, c. 12, Pt. III, §2 (amd).]

[2005, c. 12, Pt. III, §2 (amd).]

4. Migratory waterfowl revenues. All revenues derived from the sale of permits and art in conjunction with the permits under section 10201, subsection 5 and section 11157 must be deposited into a special account within the department, and that account must be used for acquisition of waterfowl habitat and waterfowl management activities. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Alewife, sucker and yellow perch permit revenues. All fees collected under section 12506 accrue to the Eel and Elver Management Fund established in section 6505-D, except that $42 accrues to the General Fund for each eel pot or eel weir permit issued under section 12506. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Lake and river protection sticker revenues. All fees collected by the commissioner from the sale of stickers under section 13058, subsection 3 must be paid daily to the Treasurer of State. Notwithstanding subsection 3, the Treasurer of State shall credit funds received under this subsection as follows:

A. Sixty percent of the revenues must be credited to the Invasive Aquatic Plant and Nuisance Species Fund established in the Department of Environmental Protection under Title 38, section 1863; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Forty percent of the revenues must be credited to the Lake and River Protection Fund established in the department under section 10257. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

7. Resident lifetime license revenues. Revenue from the sale of lifetime licenses under section 10851 is dedicated revenue and must be deposited in the Lifetime License Fund established in subchapter 5. The department may establish payment procedures for licenses under section 10851; a license may not be issued until full payment is received. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

8. Moose hunting permit revenues. All revenues derived from the sale of moose hunting permits under section 11154, subsection 11, including all bidding fees, must be deposited into a special nonlapsing account within the department, and that account must be used to pay the costs of administering the process of issuing permits and to fund youth conservation education programs. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

9. Moose hunting revenues; moose hunting research and management. Up to $25,000 may be provided from the revenues generated by moose hunting application and permit fees to carry out the department's documented moose research. [2003, c. 614, §9 (aff); c. 655, Pt. B, §50 (amd); §422 (aff).]

10. Pheasant hunting permit revenues. Revenues generated from the sale of pheasant hunting permits must be deposited into a separate account within the department, to be known as the Pheasant Fund and referred to in this subsection as the "fund." The fund is nonlapsing. The fund may be used only for costs directly related to the administration of the pheasant program, including grants to a qualified rod and gun club or qualified hunting-oriented organization to help defray the costs of purchasing and raising pheasants in accordance with an agreement with the commissioner entered into in accordance with section 10108, subsection 9. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10251. Lifetime License Fund; establishment; management

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 5: SPECIAL FUNDS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10251. Lifetime License Fund; establishment; management

1. Fund established. The Lifetime License Fund, referred to in this section as the "fund," is established in the department to accept all revenue derived from the sale of lifetime hunting and fishing licenses under section 10851. The Treasurer of State shall administer the fund and shall invest the fund, subject to the limitations of this section, for growth and income in a manner consistent with the Treasurer of State's fiduciary responsibilities. Money in the fund may not be expended for any purpose except as provided in this section. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Treasurer of State. The Treasurer of State shall contract with investment firms as necessary to manage the fund; may agree to the payment of reasonable management fees to those firms, using money in the fund; and may direct those firms to purchase or sell investment opportunities as necessary to prudently manage the fund. The Treasurer of State annually may reimburse the State for costs incurred to oversee the fund from earnings of the fund. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Commissioner. The commissioner may accept donations to the fund but may not use any principal or earnings of the fund except upon the approval of the Treasurer of State and for the purposes set forth in this section. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Uses of fund. Prior to July 1, 2010, the Treasurer of State continuously shall reinvest all earnings of the fund and may not authorize any payments from the fund or use any earnings of the fund, except those necessary to pay the costs of administering the fund. On July 1, 2010, and on July 1st of each year thereafter, the Treasurer of State shall transfer to the department an amount equal to 5% of the fund principal. Additional interest earned by the fund, if any, must be reinvested. All funds received from the department under section 10851 and this section are subject to allocation by the Legislature. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Report. The Treasurer of State shall report quarterly to the commissioner and to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters on the status of the fund, including the sources and amount of revenue deposited into the fund, interest earnings and payments from the fund. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10252. Fish hatchery maintenance fund

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 5: SPECIAL FUNDS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10252. Fish hatchery maintenance fund

The fish hatchery maintenance fund, referred to in this section as the "fund," is established in the department as a nonlapsing fund to be used by the commissioner to fund or assist in funding engineering designs for the Embden Hatchery, a statewide assessment of all other hatchery facilities and maintenance, repair and capital improvements at fish hatcheries and feeding stations owned by the State. The fund may not be used to fund personnel services costs or general operating costs of a fish hatchery. The commissioner may accept and deposit into the fund any monetary gifts, donations or other contributions from public or private sources and must use that money for the purposes specified in this section. [2003, c. 614, §9 (aff); c. 655, Pt. B, §51 (amd); §422 (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 12 - §10253. Maine Endangered and Nongame Wildlife Fund

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 5: SPECIAL FUNDS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10253. Maine Endangered and Nongame Wildlife Fund

1. Fund established. The Maine Endangered and Nongame Wildlife Fund, referred to in this section as the "fund," is established. The fund receives money deposited by the Treasurer of State pursuant to section 10255 and Title 36, section 5284, revenues generated in accordance with this section and any money contributed voluntarily to the fund. All money deposited in the fund and the earnings on that money remain in the fund to be used for the management of nongame wildlife and for necessary administrative and personnel costs associated with the management of nongame wildlife and may not be deposited in the General Fund or any other fund, except as specifically provided by law. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Report and allocation. The commissioner shall include a report on the fund as part of the report submitted to the Governor pursuant to section 10103. This report must also be submitted to the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters. The commissioner shall submit a budget for each biennium in accordance with Title 5, sections 1663 to 1666. The State Controller shall authorize expenditures from the fund as allocated by the Legislature. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Grants. Any person, organization or agency of the State may apply to the department for a grant to undertake research and nongame wildlife management activities. The department may award grants out of the fund. For the purposes of this section, "nongame wildlife" includes all unconfined terrestrial, freshwater and saltwater species that are not ordinarily collected, captured or killed for sport or profit. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Fundraising. The commissioner or the commissioner's authorized agent may provide for the creation, reproduction, sale, licensing, distribution and other disposal of any art or products for the purpose of generating revenues for the management of the State's nongame wildlife. All money generated from the sale of these items must be deposited in the fund. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. WE CARE support program. The Wildlife Enthusiast's Conservation Appreciation, Recreation and Enjoyment, or "WE CARE," support program is established to encourage voluntary support for the programs and services provided by the department. The fee for participating in this program is $19. All money generated pursuant to this subsection must be deposited in the fund. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10254. Maine Wildlife Park Fund

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 5: SPECIAL FUNDS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10254. Maine Wildlife Park Fund

1. Fund established. The Maine Wildlife Park Fund, referred to in this section as the "fund," is established. The fund receives all funds collected by the department from the operation of the Maine Wildlife Park, including gate fees, the proceeds of any sales at the Maine Wildlife Park and any donations, grants or other funds presented to the department for the benefit of the Maine Wildlife Park. All money deposited in the fund and the earnings on the money remain in the fund to be used for the management and maintenance of the Maine Wildlife Park. Unexpended balances in the fund at the end of the fiscal year are nonlapsing and must be carried forward to the next fiscal year to be used for the same purposes. [2003, c. 614, §9 (aff); c. 655, Pt. B, §52 (amd); §422 (aff).]

2. Report. By February 1st of each year, the commissioner shall submit an annual report to the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs. The report must detail the amount of money collected in the fund over the course of the prior year and the expense of managing and maintaining the Maine Wildlife Park. The commissioner shall make recommendations concerning how the fund may be increased or expenses reduced or both so that the Maine Wildlife Park becomes increasingly financially self-sustaining. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10255. Maine Environmental Trust Fund

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 5: SPECIAL FUNDS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10255. Maine Environmental Trust Fund

1. Fund established. The Maine Environmental Trust Fund, referred to in this section as the "fund," is established as a nonlapsing fund administered by the commissioner for the purposes of improving state parks and historic sites by supporting the Maine State Parks Fund established in section 1825, subsection 2 and managing nongame wildlife by supporting the Maine Endangered and Nongame Wildlife Fund established in section 10253, subsection 1. Money deposited with the Treasurer of State to the credit of the fund may be invested as provided by law. Income from these investments must be credited to the fund. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Fund sources. The fund receives money deposited by the Treasurer of State pursuant to Title 29-A, section 455 and any other gift, grant or other source of revenue deposited for that use. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Distribution from fund. Money distributed from the fund may be used for marketing the plates and for the production and marketing of goods using the environmental plate design. After the Treasurer of State has reimbursed the Secretary of State for costs of producing and issuing environmental registration plates in accordance with Title 29-A, section 455, the Treasurer of State shall, at the end of each quarter in the fiscal year, distribute the balance in the fund as follows:

A. Sixty percent of the balance must be deposited in the Maine State Parks Fund established in section 1825, subsection 2; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Forty percent of the balance must be deposited in the Maine Endangered and Nongame Wildlife Fund established in section 10253. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Budget. The commissioner shall submit a budget for each biennium pursuant to Title 5, sections 1663 and 1666. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10256. Land Management Fund

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 5: SPECIAL FUNDS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10256. Land Management Fund

The Land Management Fund is established within the department. The fund is authorized to receive revenue from the sale of timber, lease of lands, gifts and other revenues associated with the use of department-owned land. The fund must be held separate and apart from all other money, funds and accounts. Any balance remaining in the fund at the end of any fiscal year must be carried forward to the next fiscal year. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10257. Lake and River Protection Fund

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 5: SPECIAL FUNDS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10257. Lake and River Protection Fund

1. Fund established. The Lake and River Protection Fund, referred to in this section as the "fund," is established within the department as a nonlapsing fund. The fund must be administered by the commissioner. The fund is funded from fees collected for lake and river protection stickers issued under section 13058, subsection 3 and from other funds accepted for those purposes by the commissioner or allocated or appropriated by the Legislature. Money in the fund may be used for enforcing laws pertaining to invasive aquatic plants, inspecting watercraft for invasive aquatic plant materials, educational and informational efforts targeted at invasive aquatic plant prevention, eradication and management activities and the production and distribution of lake and river protection stickers required under section 13058, subsection 3. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10258. Snowmobile Enforcement Fund

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 5: SPECIAL FUNDS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10258. Snowmobile Enforcement Fund

1. Fund established. The Snowmobile Enforcement Fund, referred to in this section as the "fund," is established in the department's Bureau of Warden Service. All funds credited to the fund are available for use by the Game Warden Colonel of the Bureau of Warden Service only for the purposes established in this section. Money in the fund may be used only to supplement other funds appropriated to the enforcement operations program. Money in the fund at the end of each fiscal year does not lapse and must be carried forward to the next fiscal year. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Fund uses. The Game Warden Colonel may use money in the fund only for the following purposes:

A. Regular or overtime personnel services costs of the warden service related to enforcement of snowmobile laws; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Safety or other education programs conducted by the department or authorized by the department that are related to the operation of snowmobiles; or [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Purposes, including the purchase of equipment or machinery, determined by the Game Warden Colonel as necessary for effective snowmobile safety and enforcement activities. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10259. Whitewater Rafting Fund

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 5: SPECIAL FUNDS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10259. Whitewater Rafting Fund

1. Fund established. The Whitewater Rafting Fund, referred to in this section as the "fund," is established to be used by the department, the Department of Conservation, Bureau of Parks and Lands and the affected counties and municipalities to fund activities related to river recreation with primary emphasis on those activities that relate to whitewater trips. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Funding. All fees and surcharges collected under chapter 929 must be credited to the fund, except for license fees collected in accordance with sections 12907 and 12909. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Budget. The expenditures from the fund are subject to legislative approval in the same manner as the General Fund budgets of the department and the Department of Conservation, Bureau of Parks and Lands are approved. The department and the Department of Conservation, Bureau of Parks and Lands shall report annually, before February 1st, to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters on its planned expenditures for the next fiscal year, its actual and planned expenditures for the current fiscal year and its final expenditures for the last fiscal year. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Use of fund. The fund must be used according to this subsection.

A. The money deposited in the fund must be credited as follows.

(1) Sixty-five percent of each fee or surcharge must be credited to the department.

(2) Twenty-five percent of each fee or surcharge must be credited to the Department of Conservation, Bureau of Parks and Lands.

(3) Ten percent of each fee or surcharge must be credited to the county in which the river is located for distribution among the affected municipalities and for use in the affected unorganized townships.
[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. All money from the fund must be expended solely for purposes related to river recreation, with primary emphasis on those activities that relate to whitewater trips, including, but not limited to, administration, regulation, safety education, enforcement, mitigation of environmental and safety problems and mitigation of any adverse effect on competing use of the river. The fund may not be used to pay the cost of administering the whitewater outfitters' license program or the guide license program. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Any amount of the fund that is not expended at the end of a fiscal year does not lapse but must be carried forward. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this section. Those costs must be verified by the Department of Administrative and Financial Services. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10301. Definitions

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 6: MAINE OUTDOOR HERITAGE FUND (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10301. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Acquisition. "Acquisition" means fee ownership, easement, lease, right-of-way and other less-than-fee interests in land. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Board. "Board" means the Maine Outdoor Heritage Fund Board established in section 10308. [2003, c. 614, §9 (aff); c. 655, Pt. B, §53 (amd); §422 (aff).]

3. Coordinator of the Natural Areas Program. "Coordinator of the Natural Areas Program" means the person appointed by the Commissioner of Conservation to be responsible for coordinating the Natural Areas Program. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Fund. "Fund" means the Maine Outdoor Heritage Fund. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Matching funds. "Matching funds" means any combination of public and private funds used in conjunction with the Maine Outdoor Heritage Fund for the purpose of this subchapter, including, but not limited to, private contributions of cash or securities, money from municipal or other public agencies, money from a federal matching program, in-kind contributions or any combination thereof. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Natural resources agencies. "Natural resources agencies" means state agencies, bureaus, boards, commissions or other instrumentalities having jurisdiction over the protection of the State's natural resources. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

7. Public-private partnership. "Public-private partnership" means any partnership between federal agencies, state agencies or individuals or any combination of federal agencies, state agencies or individuals, including corporations and private persons or organizations, where at least 13 of the funding is contributed by a nongovernmental organization or individual. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

8. Wildlife. "Wildlife" means wild organisms, including vertebrate, invertebrate and plant species. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10302. Fund established

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 6: MAINE OUTDOOR HERITAGE FUND (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10302. Fund established

There is established the Maine Outdoor Heritage Fund. The fund consists of revenues received pursuant to Title 8, section 387 and any funds received as contributions from private and public sources. The fund, to be accounted within the department, must be held separate and apart from all other money, funds and accounts. Eligible investment earnings credited to the assets of the fund become part of the assets of the fund. Any balance remaining in the fund at the end of any fiscal year must be carried forward to the next fiscal year. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10303. Purpose of fund

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 6: MAINE OUTDOOR HERITAGE FUND (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10303. Purpose of fund

The fund is for the sole purpose of maintaining, improving and expanding state and local natural resource conservation programs and associated compatible public uses in accordance with the strategic plan provided for by section 10308, subsection 5, paragraph A. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10304. Relation to other funding

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 6: MAINE OUTDOOR HERITAGE FUND (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10304. Relation to other funding

The fund supplements sources and levels of funding appropriated and allocated by the Legislature to natural resources agencies. It is the intent of the Legislature that a grant received from the fund not be considered a substitute for funds previously appropriated or allocated to a natural resources agency. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10305. Fund availability

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 6: MAINE OUTDOOR HERITAGE FUND (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10305. Fund availability

The fund must be available to natural resources agencies in accordance with section 10307. Natural resources agencies may contract with nongovernmental organizations and individuals for the purpose of carrying out projects funded by the fund. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10306. Fund administration

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 6: MAINE OUTDOOR HERITAGE FUND (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10306. Fund administration

The Maine Outdoor Heritage Fund Board shall administer the fund. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10307. Expenditures from fund; distribution

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 6: MAINE OUTDOOR HERITAGE FUND (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10307. Expenditures from fund; distribution

The board shall make grants, applications for which must be reviewed in accordance with section 10309, to natural resources agencies for projects found consistent with the criteria and the strategic plan adopted by the board pursuant to section 10308, subsection 5, paragraph A. Except as otherwise provided in this subchapter, the board shall distribute annually available grant money as follows: [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Fisheries and wildlife; habitat conservation. Thirty-five percent of the money in the fund for fisheries and wildlife and habitat conservation projects; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Public lands and access; outdoor recreation sites and facilities. Thirty-five percent of the money in the fund for acquisition and management of public lands, parks, wildlife conservation areas and public access and outdoor recreation sites and facilities; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Endangered and threatened species. Fifteen percent of the money in the fund for endangered and threatened species conservation projects; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Natural resources law enforcement. Fifteen percent of the money in the fund for natural resources law enforcement. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
div>
The board is authorized to carry forward money in any of the percentage categories of this section into a successive year in the same category in the event that this carry-over better serves the strategic plan or that no grant applications in a particular year adhere to the strategic plan for a particular percentage category. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10308. Maine Outdoor Heritage Fund Board

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 6: MAINE OUTDOOR HERITAGE FUND (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10308. Maine Outdoor Heritage Fund Board

The Maine Outdoor Heritage Fund Board is established within the department and shall carry out its duties in accordance with this section. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Members. The board consists of 7 members. The commissioner, the Commissioner of Conservation and the Coordinator of the Natural Areas Program are permanent members and their designees may represent them at board meetings. The Governor shall appoint the remaining 4 citizen members subject to the review of the joint standing committee of the Legislature having jurisdiction over natural resources matters and confirmation by the Senate. One of these members must be a representative of a state sportsmen's organization, one must be a representative of a state wildlife conservation organization and one must work in a field related to natural resources. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Terms. The Governor shall appoint citizen members to staggered 4-year terms. Appointed citizens may not serve more than 2 consecutive 4-year terms. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Chair. The Governor shall appoint a citizen member of the board to serve as chair. The chair may not serve more than 2 consecutive 4-year terms. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Board meetings, rules and administration. The board shall conduct its meetings as follows.

A. The board shall meet at least 3 times a year at the call of the chair. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The board, acting in accordance with the Maine Administrative Procedure Act, may adopt any rules necessary for the conduct of its business. The board shall adopt by rule a schedule for submission and action on grant proposals submitted pursuant to subsection 5, paragraph B. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Appointed citizen members are entitled to compensation equal to legislative per diem and travel expenses under Title 5, section 12004-G, subsection 29-B while engaged in board activities. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. A quorum of the board for the transaction of business is 4 members. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

E. Board members are governed by the conflict of interest provisions in Title 5, section 18. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Board functions. The board has the following functions.

A. The board, in accordance with the rule-making provisions of the Maine Administrative Procedure Act and in consultation with natural resources agencies, shall adopt a strategic plan for each of the funding categories listed in section 10307. The board may cooperate with other state or federal agencies in developing the plan or carrying out other functions under this subchapter. The strategic plan must identify the priority areas for funding for 6 years using the criteria listed in section 10309. The board may amend the strategic plan. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The board shall review and award annually funding requests for specific projects from natural resources agencies. The board may award grants only to proposals that conform to the strategic plan adopted pursuant to paragraph A. Grant proposals that establish a public-private partnership are encouraged. Grant proposals must include a stated purpose, a time line, potential outcomes, a budget and an explanation of need. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. The board shall submit an annual report to the Governor and the joint standing committees of the Legislature having jurisdiction over natural resources matters and inland fisheries and wildlife matters. In the annual report, the board shall detail expenditures made from the fund and the board's progress in implementing the strategic plan. [2005, c. 397, Pt. E, §2 (amd).]

D. Responsibility for administration of the board lies with the chair. The board shall hire an executive director. The executive director may hire an additional staff person, if the board determines it necessary. The executive director directs the daily operation of the board. Staff positions may be part-time. The executive director position is unclassified and the executive director serves at the pleasure of the board. The board shall prepare and adopt an annual budget to be included with the report required under paragraph C. The board may obtain the services of consultants as necessary to carry out its functions under this subchapter. The board may spend money to cover administrative costs. The board shall endeavor to keep the level of administrative expenses as low as practicable and include, in its annual report, discussion of efforts to minimize administrative expenses. State natural resources agencies shall provide staff support and assistance as determined necessary by the board. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2005, c. 397, Pt. E, §2 (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 12 - §10309. Fund distribution criteria for strategic plan and grants

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 6: MAINE OUTDOOR HERITAGE FUND (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§10309. Fund distribution criteria for strategic plan and grants

In developing the strategic plan provided for by section 10308, subsection 5, paragraph A and reviewing and awarding grant proposals submitted pursuant to section 10308, subsection 5, paragraph B, the board shall consider whether a project involves: [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

1. Fisheries and wildlife and habitat conservation. For the category of fisheries and wildlife and habitat conservation:

A. A species or species group adversely affected due to lack of management or habitat loss; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. A species or species group that is adversely affected due to unusual vulnerability to man-made disturbances and requirements for a special or limited habitat type; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Measurable benefits vital to the future welfare of a species or species group; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Available matching funds; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Acquisition and management of public lands, parks, wildlife conservation areas, and public access and outdoor recreation sites and facilities. For the category of acquisition and management of public lands, parks, wildlife conservation areas, and public access and outdoor recreation sites and facilities:

A. Public recreation opportunities of statewide or regional significance; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Fish or wildlife habitat of statewide or regional significance; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Habitat of a threatened or endangered species listed under state or federal law; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Rare or exemplary natural communities or ecosystems as determined by the State's Natural Areas Program database; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

E. Lands or areas providing for public recreation opportunities of statewide or regional significance; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

F. Rare or exemplary geological features; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

G. Areas with proximity to lands dedicated to conservation purposes or public recreation or with access to lands or waters with significant natural resources values; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

H. Available matching funds; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Conservation of endangered and threatened species and their habitats. For the category of conservation of endangered and threatened species and their habitats:

A. A species or species group listed as endangered or threatened under state or federal law; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. The habitat of one or more species or groups under paragraph A; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. A species or species group not listed as threatened or endangered but, based on the best available scientific information, potentially warranting listing in the near future; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. A species, group of species, natural community or ecosystem that has been documented as being in decline or recognized as being at risk of extirpation from the State; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

E. Any species, group of species, natural community or ecosystem thought in the best professional judgment of biologists to be in decline or in danger of extirpation from the State but whose status is undetermined; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

F. Available matching funds; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Natural resources law enforcement. For the category of game wardens and other conservation law enforcement:

A. A species or species group adversely affected due to lack of management or habitat loss; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Public health or safety concerns of statewide or regional significance; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Environmental education for the public or law enforcement personnel; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Cross-training between natural resources state agencies; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

E. Available matching funds. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

[2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]
div>
The criteria in this section are not listed in order of priority. A grant applicant must indicate in the proposal the subsection under which the board should evaluate the proposals. [2003, c. 414, Pt. A, §2 (new); c. 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 12 - §10321. Definitions

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 7: ATV ENFORCEMENT GRANT AND AID PROGRAM (HEADING: PL 2003, c. 695, Pt. B, @4 (new); Pt. C, @1 (aff))

§10321. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

1. ATV Enforcement Grant and Aid Program. "ATV Enforcement Grant and Aid Program" or "the program" means the ATV Enforcement Grant and Aid Program established pursuant to this subchapter. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

2. ATV Enforcement Grant Review Committee. "ATV Enforcement Grant Review Committee" or "the grant committee" means the committee established in section 10324. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

3. ATV grant coordinator. "ATV grant coordinator" means the person retained by the commissioner to be responsible for providing administration and staff support for the ATV Enforcement Grant Program. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

4. General ATV enforcement. "General ATV enforcement" means Level 1 or Level 2 enforcement. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

5. Law enforcement agency. "Law enforcement agency" means a state, county or municipal agency or bureau that employs full-time and part-time law enforcement officers certified by the Maine Criminal Justice Academy who are authorized pursuant to section 10402, subsection 4 to enforce the provisions of this Part regulating ATVs. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

6. Level 1 enforcement. "Level 1 enforcement" means handling ATV complaints from landowners or other persons about the operation of ATVs, responding to ATV accidents and enforcing ATV laws during the normal course of patrol duties. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

7. Level 2 enforcement. "Level 2 enforcement" means ATV enforcement that is focused on recognized ATV problems in a localized area, but not a multijurisdictional high-problem area. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

8. Matching funds. "Matching funds" means any combination of public and private funds used in conjunction with a grant from the program. "Matching funds" includes, but is not limited to, private contributions of cash or securities, money from municipal or other public agencies, money from a federal matching program, in-kind contributions or any combination thereof. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

9. Multijurisdictional high-problem area. "Multijurisdictional high-problem area" means an area of extensive use by ATV operators, including, but not limited to, unauthorized trails or damaged agricultural lands, wetlands or other environmentally sensitive areas. A multijurisdictional high-problem area is an area where there are documented complaints from landowners or others about the operation of ATVs. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (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 12 - §10322. Grant and aid program established

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 7: ATV ENFORCEMENT GRANT AND AID PROGRAM (HEADING: PL 2003, c. 695, Pt. B, @4 (new); Pt. C, @1 (aff))

§10322. Grant and aid program established

1. Established. There is established the ATV Enforcement Grant and Aid Program. Grants from the program are for the sole purpose of maintaining, improving and expanding ATV enforcement and training for state, county and municipal enforcement officers in accordance with this subchapter. The grant committee may also, as part of the program, receive and disburse aid in the form of materials or equipment pursuant to section 10324, subsection 5. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

2. Fund. The ATV Enforcement Grant Program Fund, referred to in this section as "the fund," is established within the department to be used for the program in accordance with this subchapter. The fund consists of revenues deposited in the fund pursuant to Title 36, section 2903-D, subsection 3, any other funds appropriated or allocated for inclusion in the fund, from whatever source, and any other money available for deposit in the fund, including any federal funds or other public funds or any donations made to the fund. The board may apply for federal or other funds that may be available for the purposes of the program. The fund is nonlapsing and any balance remaining in the fund at the end of any fiscal year must be carried forward to the next fiscal year. The fund may be used to pay for administrative expenses associated with the work of the grant committee pursuant to this subchapter, including the costs of the ATV grant coordinator. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

3. Relation to other funding. Grants from the program supplement any other sources or levels of funding appropriated or allocated by the Legislature. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

4. Grant availability. Grants from the program are available to law enforcement agencies in accordance with this subchapter. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

5. Grant administration. The ATV Enforcement Grant Review Committee shall administer the fund and the program. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (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 12 - §10323. Grant expenditures; distribution

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 7: ATV ENFORCEMENT GRANT AND AID PROGRAM (HEADING: PL 2003, c. 695, Pt. B, @4 (new); Pt. C, @1 (aff))

§10323. Grant expenditures; distribution

1. Generally. The grant committee shall make grants to law enforcement agencies for projects found consistent with the criteria established pursuant to section 10325. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

2. Grant categories. Except as otherwise provided in this subchapter, the grant committee shall distribute grant money in accordance with this subsection. For purposes of this section, "category funds" means money in the fund other than money used for administrative expenses and other than funds carried forward in accordance with subsection 3. The grant committee shall annually make available for grants category funds in the following percentages for the following categorical purposes:

A. For general ATV enforcement, 40%; [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

B. For multijurisdictional high-problem area enforcement, 50%; and [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

C. For law enforcement officer training and equipment, 10%. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

3. Money to be carried forward. If the grant committee determines that not providing the full amount of category funds for a categorical purpose better serves the grant committee's strategic grant plan or if insufficient grant applications in a particular year conform to the strategic plan for a particular categorical purpose, the grant committee shall carry forward the unspent money for use in succeeding years for the same categorical purpose. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (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 12 - §10324. ATV Enforcement Grant Review Committee

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 7: ATV ENFORCEMENT GRANT AND AID PROGRAM (HEADING: PL 2003, c. 695, Pt. B, @4 (new); Pt. C, @1 (aff))

§10324. ATV Enforcement Grant Review Committee

The grant committee is organized within the department and must carry out its duties in accordance with this section. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

1. Members. The grant committee consists of 9 members as follows:

A. Three ex officio members or their designees:

(1) The Game Warden Colonel;

(2) The Chief of the Maine State Police; and

(3) The Director of the Forest Protection Division, Maine Forest Service within the Department of Conservation; and
[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

B. Six members appointed by the commissioner as follows:

(1) One member who is a member of a statewide association of sheriffs;

(2) Four members who are members of a statewide association of police chiefs, one representing northern Maine, one representing southern Maine, one representing eastern Maine and one representing central Maine; and

(3) One member representing the Maine Criminal Justice Academy.
[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

2. Terms. The ex officio members or their designees serve for their terms of office. The commissioner shall appoint other members to staggered 4-year terms. The initial appointments must be made by December 31, 2004. The initial appointments are as follows: 2 for 4-year terms; 2 for 3-year terms; and 2 for 2-year terms. Appointed members may not serve more than 2 consecutive 4-year terms. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

3. Chair; election of officers. The members of the grant committee shall annually elect one of its members as chair and one of its members as vice-chair. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

4. Grant committee meetings, rules and administration. The grant committee is governed by the following.

A. The grant committee shall meet at least 2 times a year at the call of the chair or when needed to address urgent ATV problems. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

B. A quorum of the grant committee for the transaction of business is 5 members. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

C. Grant committee members are governed by the conflict-of-interest provisions in Title 5, section 18. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

5. Grant committee duties. The grant committee has the following duties.

A. Consistent with the requirements of this subchapter, the grant committee shall adopt rules governing the review of grant proposals and awarding of grants. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

B. The grant committee shall annually review funding requests and award funds for specific projects from law enforcement agencies in accordance with this subchapter. The grant committee may award grants only to proposals that conform to the rules adopted pursuant to paragraph A. Grant proposals must include a stated purpose, timeline, potential outcomes, a budget and an explanation of need. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

C. The grant committee may accept donations of equipment or materials if the grant committee determines that the donations will further the purposes of this subchapter. If the grant committee accepts equipment or materials, the grant committee shall establish by rule a process for receiving proposals and making awards to appropriate entities of such equipment or materials. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

D. The grant committee shall submit an annual report by January 15th to the commissioner and the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters. In the annual report, the grant committee shall detail expenditures made from grant revenues and provide a detailed summary of ATV enforcement activities supported by the grant as well as any equipment or materials that it has accepted or awarded pursuant to this subchapter. The first report must be submitted by January 15, 2005. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

E. The grant committee shall endeavor to keep the level of its administrative expenses as low as practicable and shall include in its annual report a description of efforts to minimize administrative expenses. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

6. Staff; administration. The department is responsible for the administration and staff support of the grant committee and the commissioner shall contract with an appropriately qualified person to serve as ATV grant coordinator to implement and account for the operations of the grant committee. The contract may provide for part-time services. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (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 12 - §10325. Distribution criteria for grants

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 7: ATV ENFORCEMENT GRANT AND AID PROGRAM (HEADING: PL 2003, c. 695, Pt. B, @4 (new); Pt. C, @1 (aff))

§10325. Distribution criteria for grants

The review and awarding of grant proposals by the grant committee under this subchapter are governed by this section. The criteria for consideration established in this section are not listed in order of priority. A grant applicant shall indicate in the application the category under which the grant committee should evaluate the proposal. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

1. General ATV enforcement. For grants for general ATV enforcement, the grant committee:

A. Shall consider the following information relevant to the grant proposal:

(1) Documentation of ATV complaints;

(2) ATV accident data; and

(3) Documented general ATV enforcement problems; and
[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

B. May not award a grant unless matching funds are available in an amount that is no less than 25% of the grant amount. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

2. Multijurisdictional high-problem area. For grants for multijurisdictional high-problem areas, the grant committee:

A. Shall consider the following information relevant to the grant proposal:

(1) Documentation of extensive use of an area by ATV operators, as indicated by a large number of registered ATVs or a large number of transient ATV operators in an area;

(2) Documentation of unauthorized trails or extensive damage to private and public property;

(3) Documentation of ATV use in prohibited areas as defined in state law; and

(4) Documentation of multiple law enforcement agency involvement; and
[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

B. May award a grant whether or not matching funds are available. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

3. Equipment and training. For grants for equipment and training for law enforcement officers, the grant committee:

A. Shall consider the following information relevant to the grant proposal:

(1) Documentation of ATV use on trails and private property;

(2) Documentation of law enforcement staff needing equipment and training; and

(3) Documentation of inability to obtain equipment from other sources, specific scheduled training events and any training sponsorship; and
[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

B. May not award a grant unless matching funds are available in an amount that is no less than 50% of the grant amount. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (aff).]

[2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (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 12 - §10326. Rules

Title 12: CONSERVATION
Part 13: INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subpart 2: DEPARTMENT ORGANIZATION (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Subchapter 7: ATV ENFORCEMENT GRANT AND AID PROGRAM (HEADING: PL 2003, c. 695, Pt. B, @4 (new); Pt. C, @1 (aff))

§10326. Rules

The grant committee may adopt rules necessary for the conduct of its business under this subchapter. The grant committee shall adopt by rule a schedule for submission of and action on grant proposals. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 695, Pt. B, §4 (new); Pt. C, §1 (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 04333-0007

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