Maine Statute | Act | Code |Title 12. Conservation| US Code - US Statute | Chapter 931. Taxidermists And Hide Dealers (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 931. TAXIDERMISTS AND HIDE DEALERS (HEADING. PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

Title 12 - §12951. Rule violations; taxidermy

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 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 931: TAXIDERMISTS AND HIDE DEALERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12951. Rule violations; taxidermy

The following penalties apply to violations of rules regulating taxidermy. [2003, c. 614, §9 (aff); c. 655, Pt. B, §342 (rpr); §422 (aff).]

1. Civil. Notwithstanding section 10650, a person who violates a rule regulating taxidermy commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged. [2003, c. 655, Pt. B, §342 (new); §422 (aff).]

2. Criminal. A person who violates a rule regulating taxidermy after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [2003, c. 655, Pt. B, §342 (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 - §12952. Taxidermy; general provisions

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 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 931: TAXIDERMISTS AND HIDE DEALERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12952. Taxidermy; general provisions

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Board" means the Advisory Board for the Licensing of Taxidermists established by Title 5, section 12004-I, subsection 23-A. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

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

2. Permitted activities. The holder of a taxidermist license may:

A. Possess, at the licensee's place of business, lawfully acquired fish or wildlife specimens for the sole purpose of preparing and mounting them; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Transport lawfully acquired fish and wildlife specimens to and from the licensee's place of business; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. Sell lawfully acquired specimens of fish and wildlife that have been preserved through the art of taxidermy if that sale does not violate regulations of the federal Migratory Bird Treaty Act or other federal regulations; [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Designate others to aid or assist in conducting business at the licensee's place of business; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

E. Buy, sell or barter raw, untanned hides or heads of wild animals. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

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

2-A. Record-keeping requirements. The following provisions apply to keeping and filing records.

A. The holder of a taxidermist license shall:

(1) Keep a true and complete record, in such form as required by the commissioner, of all activities conducted by virtue of the taxidermist license; and

(2) File a copy of the record with the commissioner no later than 10 days after the end of the year during which the license is valid.
[2003, c. 655, Pt. B, §343 (new); §422 (aff).]

B. The following penalties apply to violations of this subsection.

(1) A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

(2) A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Each day a person violates this subsection is a separate offense. [2003, c. 655, Pt. B, §343 (new); §422 (aff).]

[2003, c. 655, Pt. B, §343 (new); §422 (aff).]

3. Records inspection. Records retained under subsection 2-A must be open for inspection by any agent of the commissioner during normal business hours. [2003, c. 614, §9 (aff); c. 655, Pt. B, §344 (rpr); §422 (aff).]

4. Competency standards. The commissioner shall establish standards of competency for the practice of taxidermy and shall provide a copy of these standards to each applicant for a taxidermy license. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Rules. The commissioner may, pursuant to the Maine Administrative Procedure Act, 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. 614, §9 (aff); c. 655, Pt. B, §345 (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 - §12953. Licensure

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 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 931: TAXIDERMISTS AND HIDE DEALERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12953. Licensure

1. License required. In order to safeguard the life, health and welfare of the people of this State, a person may not practice the art of taxidermy for commercial purposes unless that person holds a valid taxidermist license as provided in this section. Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. License qualifications. To be eligible for a taxidermist license issued pursuant to this section, an applicant must:

A. Satisfactorily pass a taxidermy examination, as prescribed by the commissioner by rule; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Demonstrate trustworthiness and competence to practice the art of taxidermy in such a manner, as prescribed by the commissioner by rule, as to safeguard the interests of the public. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

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

3. License application. An applicant for a license must submit a written application to the commissioner on a form prescribed by the commissioner. The commissioner may require an applicant who has previously held a taxidermist license to provide a notarized statement indicating that the person has not failed to provide services to a customer as promised through a contractual agreement with that customer.

A. The application must contain satisfactory evidence of the qualifications required of the applicant under this section and must be sworn to by the applicant. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Failure or refusal to provide information requested on the application form is sufficient grounds for the commissioner to reject the application. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

C. The application must be accompanied by a nonrefundable fee of $10. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

D. Within 10 working days of receipt of an application for a taxidermist license, the commissioner shall notify the applicant as to the acceptability of the application and shall provide the applicant with notice at least 2 weeks prior to any examination required under this section. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

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

4. Examination. An applicant for a license shall appear at a time and place designated by the commissioner to be examined by means of written, practical and oral tests as the commissioner determines. The commissioner shall determine the form and content of examinations. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

5. Reexamination. The commissioner may require a taxidermist to be reexamined if the commissioner receives a written complaint and, upon investigation, finds that the taxidermist no longer meets the qualifications to be licensed as a taxidermist. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

6. Fee. License applicants who successfully meet the qualifications set forth in this section must be issued a license upon payment of a $67 fee. This fee is in addition to the $12 examination fee. [2005, c. 12, Pt. III, §34 (amd).]

7. Annual renewal of license; fees. Licenses issued pursuant to this section run for the current year until the 30th day of June following the date of the issuance, on which date the license terminates unless it is revoked sooner. Subject to any revocation or suspension, the license or permit may be renewed annually upon application by the licensee accompanied by a $77 license fee. [2005, c. 12, Pt. III, §35 (amd).]

8. 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, §347 (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 - §12954. Hide dealer's license

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 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 931: TAXIDERMISTS AND HIDE DEALERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12954. Hide dealer's license

1. License required. Except as provided in subsection 6 and section 12955, a person may not engage in any activity for which a hide dealer's license may be issued under subsection 2 without a valid hide dealer's license. Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Issuance. The commissioner may issue a hide dealer's license permitting a person to commercially:

A. Buy, sell, barter, take in trade or take in exchange for any services rendered any raw, untanned wild animal hide or head or the gall bladder from any bear; and [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. Aid or assist another in buying, selling or bartering raw, untanned hides or heads of wild animals or bear gall bladders. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

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

3. Expiration. All licenses issued under this section are valid for one year commencing July 1st of each year. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Fee. The annual fees for hide dealer licenses are:

A. For a resident hide dealer, $60; and [2005, c. 12, Pt. III, §36 (amd).]

B. For a nonresident hide dealer, $110. [2005, c. 12, Pt. III, §36 (amd).]

[2005, c. 12, Pt. III, §36 (amd).]

4-A. Record-keeping requirements. The following provisions apply to the keeping and filing of records.

A. A licensee shall:

(1) Keep a true and complete record, in such form as is required by the commissioner, of all heads, hides and bear gall bladders purchased; and

(2) File that record with the commissioner on or before June 30th of each year.
[2003, c. 655, Pt. B, §348 (new); §422 (aff).]

B. The following penalties apply to violations of this subsection.

(1) A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

(2) A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Each day a person violates this subsection is a separate offense. [2003, c. 655, Pt. B, §348 (new); §422 (aff).]

[2003, c. 655, Pt. B, §348 (new); §422 (aff).]

5. Record inspection. Records retained under subsection 4-A must be open for inspection by the commissioner or the commissioner's agent. [2003, c. 614, §9 (aff); c. 655, Pt. B, §349 (rpr); §422 (aff).]

6. Exception. The following are exceptions to the license requirements set forth in this section.

A. A person who lawfully possesses a deer, moose or bear or lawfully possesses a fur-bearing animal may sell, without a license, the hide, head or gall bladder of that animal. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

B. An employee of a licensed hide dealer may, without a license, aid or assist the licensee in conducting business, but only at the licensee's fixed place of business. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

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

7. Licensing violation. [2003, c. 614, §9 (aff); c. 655, Pt. B, §350 (rp); §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 - §12955. Special hide dealer's license

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 5: GUIDES, OUTFITTERS AND TAXIDERMISTS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))
Chapter 931: TAXIDERMISTS AND HIDE DEALERS (HEADING: PL 2003, c. 414, Pt. A, @2 (new); Pt. D, @7 (aff); c. 614, @9 (aff))

§12955. Special hide dealer's license

1. License required. A person may not engage in an activity for which a special hide dealer's license may be issued under subsection 2 without a valid special hide dealer's license unless the person holds a valid license issued under section 12954. Each day a person violates this subsection, that person commits a Class E crime for which a minimum fine of $50 and an amount equal to twice the applicable license fee must be imposed. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

2. Issuance. The commissioner may issue a special hide dealer's license to any person who maintains a place of business for the butchering of wild animals within this State. The special hide dealer's license permits a holder commercially to sell or barter the heads or untanned hides of deer or moose that are butchered in the license holder's place of business. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

3. Expiration. All licenses issued under this section are valid for a period commencing September 1st and ending December 31st of the year in which the license is issued. [2003, c. 414, Pt. A, §2 (new); c. 614, §9 (aff).]

4. Fee. The annual fee for a special hide dealer's license is $12. [2005, c. 12, Pt. III, §37 (amd).]

4-A. Record-keeping requirements. The following provisions apply to the keeping and filing of records.

A. A licensee shall:

(1) Keep a true and complete record, in such form as is required by the commissioner, of all hides bartered or sold; and

(2) Retain records required under this subsection for at least 3 years.
[2003, c. 655, Pt. B, §351 (new); §422 (aff).]

B. The following penalties apply to violations of this subsection.

(1) A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

(2) A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Each day a person violates this subsection is a separate offense. [2003, c. 655, Pt. B, §351 (new); §422 (aff).]

[2003, c. 655, Pt. B, §351 (new); §422 (aff).]

5. Record inspection. Records retained under subsection 4-A must be open for inspection by the commissioner or the commissioner's agent. [2003, c. 614, §9 (aff); c. 655, Pt. B, §352 (rpr); §422 (aff).]

6. License violation. [2003, c. 614, §9 (aff); c. 655, Pt. B, §353 (rp); §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 04333-0007

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